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June 06, 2019 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 6, 2019 7:00 p.m. 6:30 p.m. — Committee of Adjustment - Berschl 8:00 p.m. — Court of Revision — Hildebrandt Drain 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held May 16, 2019 B. Committee of Adjustment held May 16, 2019 re Sandytown Retirement Home Inc. C. Committee of Adjustment held May 16, 2019 re G & A Teichroeb D. Public Meeting held May 16, 2019 re Hildebrandt Drain E. Court of Revision held May 16, 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 2019 Council Agenda June 6, 2019 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Court of Revision Disposition re Soper Road Drain B. Notice of Court of Revision re Hildebrandt Drain C. Notice of Committee of Adjustment Decision re Sandytown Retirement Home Inc D. Notice of Committee of Adjustment Decision re H & A Teichroeb E. Notice of Public Meeting re Proposed Minor Variance — Berschl F. Notice of Public Meeting re Amendments to the Elgincentives Community Improvement Plan G. Notice of Public Meeting re Proposed Zoning By-Law Amendment— 1841449 Ontario Inc. Pedro Dyck, 7855 Plank Road H. Notice of Public Meeting re Proposed Zoning By-Law Amendment— 1841449 Ontario Inc. Pedro Dyck, 6978 Plank Road I. Notice of Public Meeting re Proposed Zoning By-Law Amendment— Robert, Andrew and John Lama, 12 Elizabeth Street, Port Burwell 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-36/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Application for Amendment to Site Plan Agreement— By-Law No. 2019-054 — Froese Vegetables Inc. B. Report DS-38/19 by Margaret Underhill, Deputy Clerkplanning Coordinator re Consent Application E30/19 McCord C. Report DS-39/19 by Margaret Underhill, Deputy Clerkplanning Coordinator re Application for Site Plan Agreement— By-Law No. 2019-057 —Thames Valley District School Board 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Oxford County re Notice of Study Completion Oxford County Transportation Master Plan B. County of Elgin re Notice to Destroy Weeds — 2019 2 2019 Council Agenda June 6, 2019 C. County of Elgin draft minutes of meeting held May 21, 2019 D. Elgin Group Police Services Board re Increased Speed Limits on 400 Series Highways E. Township of The Archipelago re Bill 108 F. Town of Aurora Bill 108 G. County of Grey re Bill 108 H. Town of Halton Hills re Bill 108 I. City of Markham re Bill 108 J. Town of Fort Frances re Funding Cuts to Ontario Library Services - North K. Courageous Companions re Courageous K9 Magazine L. Premier of Ontario re fiscal challenges M. Notice of Road Closure Bayham Norfolk Boundary Road 11.1.2 Requiring Action A. Elgin Group Police Services Board re Community Safety and Well Being Plan for Elgin County 11.2 Reports to Council 12. BY-LAWS A. 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-31/19 by Bill Knifton, Chief Building OfficiallDrainage Superintendent during the Court of Revision of May 16, 2019) Third and Final Reading B. By-Law No. 2019-051 Being a by-law to authorize the execution of a sewer services development agreement between Martin Dyck and the Municipality of Bayham (This by-law follows the recommendation in Report D2005-016 and Development Agreement By-Law No. 2005-030 at the regular meeting of April 21, 2005) C. By-Law No. 2019-052 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Johnston Bros. (Bothwell) Ltd. for supplying, hauling, mixing and stacking winter sand for the 2019-2020 winter season D. By-Law No. 2019-053 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and QuaeNet Canada Inc. for the placement of a Communication Tower at the property known as 8354 Plank Road (This by-law follows the 3 2019 Council Agenda June 6, 2019 recommendation in Report CAO-24/19 by Paul Shipway, CAOICIerk during the regular meeting of April 4, 2019) E. By-Law No. 2019-054 Being a by-law to authorize an amendment to By-Law No. 2015- 041, being a by-law authorizing a site plan agreement between Froese Vegetables Inc. and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-36/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator at the regular meeting of June 6, 2019) F. By-Law No. 2019-055 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Capreit Apartments Inc. G. By-Law No. 2019-056 Being a by-law to authorize the execution of a lease agreement between the Municipality of Bayham and Sandytown Retirement Home Inc. (This by-law follows the recommendation in Report DS-34/19 during the regular meeting of May 16, 2019) H. By-Law No. 2019-057 Being a by-law to authorize the execution of a site plan agreement between Thames Valley District School Board and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-39/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of June 6, 2019) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. 1987 Champion Grader 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-058 Being a by-law to confirm all actions of Council 16. ADJOURNMENT 4 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 16, 2019 7:00 p.m. 6:30 p.m. — Committee of Adjustment A. Sandytown Retirement Home B. Teichroeb 8:00 p.m. — Public Meeting — Drainage— Hildebrandt Drain 8:00 p.m. — Court of Revision — Soper Road Drain PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAOICLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES WATER I WASTEWATER ED ROLOSON WATERIWASTEWATER OPERATOR II ROBERT BUTLER 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 Chilcott announced Edison Fest is June 1, 2019 B. Councillor Chilcott commented that the new community signage looks great C. Mayor Ketchabaw announced Port Burwell East Beach has received the Blue Flag Beach designation for 2019 2019 Council Minutes May 16, 2019 5. DELEGATIONS A. 7:05 p.m. — Rob Foster from Graham Scott Enns re 2018 Draft Financial Statements Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Council of the Corporation of the Municipality of Bayham approve the 2018 Financial Statements; AND THAT staff be directed to post the final approved 2018 Financial Statements on the website; AND THAT the Mayor be authorized to sign the 2018 Audit Findings Letter; AND THAT the CAOICIerk and Treasurer be directed to sign the 2018 Management Representation Letter. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held May 2, 2019 Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the minutes of the Regular Meeting held May 2, 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 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 2 2019 Council Minutes May 16, 2019 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 Public Meeting re Proposed Minor Variance - Sandytown Retirement Home Inc. D. Notice of Public Meeting re Proposed Minor Variance - G &A Teichroeb Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT correspondence items 10.1.1-A— 10.1.1-D be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-34/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Sandytown Retirement Home Site Plan Application Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report DS-34/19 re the Site Plan Agreement with Sandytown Retirement Home Inc. be received for information. AND THAT By-Law No. 2019-049, being a by-law to approve a site plan agreement be presented to Council for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Port Burwell Marine Museum Notice re Grand Opening of exhibit "60 Years of the St. Lawrence Seaway" B. Long Point Region Conservation Authority minutes of Board of Directors meeting held April 3, 2019 C. Ministry of Municipal Affairs and Housing re More Homes, More Choice D. Elgin-Middlesex-London MPP Jeff Yurek re 2018 OCIF Top-Up application E. Ontario Good Roads Association re Combined Conference F. Health Canada re Illegal Marketing of Infrared Saunas to Fire Departments with False Cancer Prevention Claims 3 2019 Council Minutes May 16, 2019 G. Long Point Region Conservation Authority 2018 Financial Statements H. Long Point Region Conservation Authority 2018 Annual Report I. Ontario Provincial Police update correspondence J. Regional Municipality of Peel resolution re Overview of Health System Transformation —A Region of Peel Perspective K. Township of McKellar re Ontario Government's reduced funding to Southern Ontario Library Service and Ontario Library Service North L. Town of Mono re Ontario Municipal Partnership Fund (OMPF) M. Township of Essa re Support for Essa Public Library Board Initiative N. Notice re Port Burwell Library Renovation 0. Elgin County Council Draft Minutes of meeting held May 7, 2019 Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT correspondence items 11.1.1-A— 11.1.1-0 be received for information. CARRIED 11.1.2 Requiring Action A. Lorna Dygos correspondence re portable washroom and picnic table behind the Vienna Community Centre Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT correspondence from Lorna Dygos re portable washroom and picnic table behind the Vienna Community Centre be received for information; AND THAT staff be directed to place a portable washroom at the Vienna Community Centre. CARRIED 11.2 Reports to Council A. Report CAO-37/19 by Paul Shipway, CAOICIerk and Ed Roloson, Manager of Capital ProjectslWater/Wastewater re Richmond Community Drinking Water System Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler 4 2019 Council Minutes May 16, 2019 THAT Report CAO-37/19 re Richmond Community Drinking Water System be received for information. CARRIED Council recessed for a break at 7:50 p.m. and reconvened at 8:00 p.m. for the Public Meetings. Regular Council reconvened at 8:18 p.m. 12. BY-LAWS A. By-Law No. 2019-046 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Hildebrandt Drain (This by-law follows the recommendation in Report DS-30/19 by Bill Knifton, Chief Building OfficialIDrainage Superintendent during the public meeting of May 16, 2019) First and Second Reading Only B. By-Law No. 2019-047 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 (This by-law follows the recommendation in Report FR-04/19 by Randy White, Fire Chief during the regular meeting of May 2, 2019) C. By-Law No. 2019-049 Being a by-law to authorize the execution of a site plan agreement between Sandytown Retirement Home Inc. and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-34/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of May 16, 2019) Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-Law No. 2019-046 be read a first and second time only; AND THAT By-Law No. 2019-047 and 2019-049 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an "In Camera" Session at 8:22 p.m. to discuss: • personal matters about an identifiable individual, including municipal or local board employees. CARRIED 5 2019 Council Minutes May 16, 2019 A. Confidential Report regarding personal matters about an identifiable individual, including municipal or local board employees (Human Resources) 14.2 Out of Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Council do now rise from the "In Camera" session at 8:46 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-050 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Confirming By-Law No. 2019-050 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 8:47 p.m. CARRIED MAYOR CLERK 6 COMMITTEE OF ADJUSTMENT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 16, 2019 6:30 p.m. Sandytown Retirement Home Inc. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAOICLERK PAUL SHIPWAY SECRETARY/TREASURER MARGARET UNDERHILL SIGNED IN ATTENDEES: None 1. CALL TO ORDER Secretary/Treasurer M. Underhill called the meeting to order at 6:31 p.m. and asked for those in attendance for this meeting to sign in at the podium. The meeting was then turned over to Appointed Chairman Ketchabaw. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. APPLICATIONS A. Minor Variance Application A-03/19, Sandytown Retirement Home Inc. Request to amend variances granted under file A-03/18 and grant relief from the Zoning By- law regulations in: • Section 24.6 for front yard depth (First St) of 8.7 m (28.5 feet) whereas 15.0 m (49 feet) is the required minimum; • Section 24.7 for interior side yard width abutting residential use of 0.7 m (2.3 feet) whereas 3.0 m (9 feet) is the required minimum; • Section 24.7 for exterior side yard width (Plank Rd) abutting commercial use of 7.19 m (23.6 feet) whereas 7.5 m is the required minimum; and • Section 4.22.1 b) for setback from the centre line of the right-of-way of a County Road (Plank Rd) of 17.3 m (56.7 feet) whereas 26.0 m (85 feet) is the required minimum. The variance is needed to permit a rest home in the Institutional (I) Zone in an existing building located on the east side of Plank Road and north side of First Street known as 9344 Plank Road. 2019 Committee of Adjustment Minutes May 16, 2019 Application A-03/19 Sandytown Retirement Home Inc. STAFF PRESENTATION A. Report DS-32/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment —A-03/19 Sandytown Retirement Home Inc., 9344 Plank Rd. Secretary/Treasurer M. Underhill presented Report DS-32/19 and advised no public submissions were received. She added that upon review subsequent to the Notices being circulated it was determined that a variance to Section 24.7 abutting a commercial use did not apply as the property abuts the county road not a commercially zoned property. The Secretary/Treasurer recommended the Committee remove this variance from the list as indicated in the staff report and recommendation. 4. PRESENTATIONS BY APPLICANT/AGENT None. 5. PUBLIC SUBMISSIONS None. 6. COMMITTEE QUESTIONS AND DISCUSSION None. 7. DECISION OF COMMITTEE (Motions) Moved by: V. Donnell Seconded by: S. Chilcott THAT the Committee of Adjustment Secretary-Treasurer's report DS-32/19 regarding the Sandytown Retirement Home Inc. minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variances as presented meet Section 45.1(1) of the Planning Act and are considered minor; THEREFORE application A-03/19, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003 and to amend variances granted under file A-04/18 as follows: • Section 24.6 for front yard depth (First St) of 8.7 m (28.5 feet) whereas 15.0 m (49 feet) is the required minimum; • Section 24.7 for interior side yard width abutting residential use (east side) of 0.7 m (2.3 feet) whereas 3.0 m (9 feet) is the required minimum; • Section 4.22.1 b) for setback from the centre line of the right-of-way of a County Road (Plank Rd) of 17.3 m (56.7 feet) whereas 26.0 m (85 feet) is the required minimum. CARRIED 2019 Committee of Adjustment Minutes May 16, 2019 Application A-03/19 Sandytown Retirement Home Inc. 8. ADJOURNMENT Moved by: S. Chilcott Seconded by: R. Weisler THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A- 03/19 be adjourned at 6:40 p.m. AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary/Treasurer accordingly. CARRIED DATE: Secretary/Treasurer Chairman COMMITTEE OF ADJUSTMENT DRAFT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 16, 2019 6:30 p.m. Teichroeb, G & A COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAOICLERK PAUL SHIPWAY SECRETARY/TREASURER MARGARET UNDERHILL SIGNED IN ATTENDEES: Annie Teichroeb German Teichroeb 1. CALL TO ORDER Chairman Ketchabaw called the meeting to order at 6:41 p.m. and asked for those in attendance for this meeting to sign in at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. APPLICATIONS A. Minor Variance Application A-04/19, Teichroeb, G &A Request to grant relief from the Zoning By-law regulations in Section 4.14 Municipal Drains and Watercourses d) to permit a setback of 1.2 m (4.0 feet) whereas 4.5 m (14.7 feet) is the required minimum setback for permanent structures to the centerline of a municipal tile drain. The variance is needed to maintain an above ground swimming pool in the Village Residential R1-5 Zone, located on the north side of Fifth Street, east of Plank Road, known as 55836 Fifth Street. 4. STAFF PRESENTATION A. Report DS-33/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment Minor Variance —A-04/19 Teichroeb, 55836 Fifth Street, Straffordville Secretary/Treasurer M. Underhill presented Report DS-33/19 and advised no public submissions were received. 5. PRESENTATIONS BY APPLICANT/AGENT None. 2019 Committee of Adjustment Minutes May 16, 2019 Application A-04/19 Teichroeb, G & A 6. PUBLIC SUBMISSIONS None. 7. COMMITTEE QUESTIONS AND DISCUSSION None. 8. DECISION OF COMMITTEE (Motions) Moved by: R. Weisler Seconded by: S. Chilcott THAT the Committee of Adjustment Secretary-Treasurer's report DS-33/19 regarding the Teichroeb minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variance as presented meets Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-04/19, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 4.14 d) Municipal Drains and Natural Watercourses to permit a setback of 1.5 metres (5 feet) from the centerline of a closed municipal storm drain, whereas 4.5 metre (14.7 foot) setback is required, to maintain an existing 7.3 metre (24.0 foot) diameter above ground pool. CARRIED 9. ADJOURNMENT Moved by: R. Weisler Seconded by: S. Chilcott THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A- 04/19 be adjourned at 6:46 p.m. AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary/Treasurer accordingly. CARRIED DATE: Secretary/Treasurer Chairman THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 16, 2019 8:00 p.m. — Hildebrandt Drain PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAOICLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS CHIEF BUILDING OFFICIAL' DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 8:00 p.m. and asked those in attendance for the Public Meeting regarding the Hildebrandt 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. Hildebrandt 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 Hildebrandt Drain Engineer's Report #218003 dated March 29, 2019 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-30/19 by Bill Knifton, Chief Building OfficialiDrainage Superintendent re Hildebrandt Drain 5. ENGINEERS REMARKS None. 2019 Public Meeting Minutes May 16, 2019 Hildebrandt Drain 6. PUBLIC PARTICIPATION None. 7. CORRESPONDENCE None. 8. DISPOSITION Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler 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#218003 dated March 29, 2019, referred to as the "Hildebrandt Drain" report; THAT Provisional By-law #2019-046 be given first and second reading; 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 June 6, 2019 at 8:00 p.m. be set for the first sitting of the Court of Revision. CARRIED 9. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell 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 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 16, 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 I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: Jacob Bergen 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 8:07 p.m. and asked those in attendance for the Court of Revision 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. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING A. Soper Road Drain Notice of Court of Revision Pursuant to Chapter D17, Section 46 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report#217121 dated March 18, 2019 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-31/19 by Bill Knifton, Chief Building Official I Drainage Superintendent re Soper Road Drain Court of Revision 5. PUBLIC PARTICIPATION Jacob Bergen advised their property does not require drainage. The benefit was explained to Mr. Bergen who determined the drain provides future benefit 2019 Court of Revision Minutes May 16, 2019 Soper Road Drain 6. DISPOSITION Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Court of Revision for the Soper Road Municipal Drain hereby confirms the assessments as per the Engineer's Report# 217121 dated March 18, 2019. CARRIED 7. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Court of Revision for the Soper Road Drain be adjourned at 8:18 p.m. CARRIED MAYOR CLERK vox.yH.44,z 4111011.111 . .c.11.,.,, , , ,. 44.4,,, II ,„..„;,:wsi,,, „, itlii, iii -5,-;ici,:--431goNtit 1, ., /-, : ---atilimcgmai Off' -um - - - O44- - Poj.tunity Isft - The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION DISPOSITION CONCERNING THE SOPER ROAD DRAIN IN THE MUNICIPALITY OF BAYHAM NOTICE TO AFFECTED PROPERTY OWNERS Drainage Act R.S.O. 1990, Chapter D.17, Section 46 TAKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, April 18 2019, adopted Report No. 217121, dated March 18, 2019 as prepared by Spriet Associates for drainage works for the construction of the Soper Road Drain situated in Parts of Lot 15, Concessions 3 and 4 in the Municipality of Bayham. FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, April 18, 2019 gave first and second reading to Provisional By-law No. 2019-037. TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision was held in the Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday, May 16, 2019 at 8:00 p.m., and the following resolution was passed: THAT the Court of Revision for the Soper Road Municipal Drain hereby confirms the assessments as per the Engineer's Report#217121 dated March 18, 2019. TAKE NOTICE that further to Section 54 of the DRAINAGE ACT, an appeal against the decision of the Drainage Court of Revision may be made to the Ontario Drainage Tribunal within twenty one (21) days of the decision. The deadline for filing an appeal is June 6, 2019. Tribunal information on the appeal process can be viewed on the OMAFRA website at: http://omafra.gov.on.ca/english/tribunal/index.html ADDITIONAL INFORMATION relating to this Notice or the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1Y0, Telephone: 519-866-5521, Monday— Friday 8:30 am—4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 17th day of May, 201 � —i S•'•wa CAOICIerk INNYHA,4 Opo Ci'W44, l'tunty Is The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION CONCERNING THE HILDEBRANDT DRAIN IN THE MUNICIPALITY OF BAYHAM NOTICE TO AFFECTED PROPERTY OWNERS Drainage Act R.S.O. 1990, Chapter D.17, Section 46 TAKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, May 16, 2019 adopted Report No. 218003, dated March 29, 2019 as prepared by Spriet Associates in regard to drainage works for the construction of the Hildebrandt Drain serving Parts of Lots 5 and 6, Concession 9 in the Municipality of Bayham. FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, May 16, 2019 gave first and second reading to Provisional By-law #2019-046, a copy of which is enclosed, to adopt the drainage works included in the aforementioned Report and to authorize the Municipality to borrow, if required, the monies necessary to carry out the works therein and to levy upon the affected lands and roads their respective apportionment of the cost of the works. TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision will be held in the Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday, June 6, 2019 at 8:00 p.m., to provide an opportunity for any person or body entitled to receive notice, to appeal their assessment. An owner may appeal the owner's assessment to the Court of Revision by a notice •iven to the Clerk of the Munici•alit not later than 12:00 •.m. noon Monda Ma 27 2019 which is ten (10) days prior to the first sitting of the Court of Revision. ADDITIONAL INFORMATION relating to this Notice or the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1 Y0, Telephone: 519-866-5521, Monday— Friday 8:30 am —4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 17th day of May, 2019. -- /4•0111, Paul Ships: CAOICIerk voNILtitt DECISION t,� COMMITTEE OF ADJUSTMENT lis MUNICIPALITY OF BAYHAM MiO 56169 Heritage Line, P.O. Box 160, Straffordville, Ontario, NOJ 1Y0 <y i . Telephone: 519- 866-5521 Fax: 519- 866-3884 A$'Ortuttity 1. Application No. A-03/19 Applicant: Sandytown Retirement Home Inc. Lot: Plan 205 Lots 2 and 3 Pt Lot 4 E Plank Rd and N Talbot Rd, 11R10085 Part 1 Roll Numbers: 34-01-000-004-19902 Street Address: 9344 Plank Road, Straffordville Date of Hearing: May 16, 2019 Date of Decision: May 16, 2019 RECOMMENDATION THAT the Committee of Adjustment Secretary-Treasurer's report DS-32/19 regarding the Sandytown Retirement Home Inc. minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variances as presented meet Section 45.1(1) of the Planning Act and are considered minor; THEREFORE application A-03/19, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003 and to amend variances granted under file A-04/18 as follows: • Section 24.6 for front yard depth (First St) of 8.7 m (28.5 feet)whereas 15.0 m (49 feet) is the required minimum; • Section 24.7 for interior side yard width abutting residential use (east side) of 0.7 m (2.3 feet)whereas 3.0 m (9 feet) is the required minimum; • Section 4.22.1 b) for setback from the centre line of the right-of-way of a County Road (Plank Rd) of 17.3 m (56.7 feet) whereas 26.0 m (85 feet) is the required minimum. Decision: GRANTED Reasons for the Decision: •the variance is considered to be minor in nature in accordance with the requirements of the Planning Act •the variance application meets the "four tests" of Section 45.(1) Planning Act •the variances maintain the general intent and purpose of the Official Plan and Zoning By-law Concur in the Decision: Ed Ketchabaw Rainey Weisler / 1 ' lei C. Valerie Donnell 4 "4 / I Dan Froese - Susan Chilcott 0���-�-YC..,L -k NOTICE OF LAST DATE OF APPEAL TAKE NOTICE that any person or agency may appeal to the Local Planning Appeals Tribunal in respect of the By-law variance within 20-days of the Notice of Decision by filing with the undersigned, not later than the 5th day of June 2019, a notice of appeal setting out the objection to the Decision and the reasons in support of the objections. It is also necessary to submit a filing fee of$300.00 with the notice of objection. Dat- • - the Muni ipalityy of Bay m this 16th day of May 2019. 7, Margar-t Underhill, SecretarylTreasurer Committee of Adjustment A� DECISION COMMITTEE OF ADJUSTMENT 4161116"*".‘:'s MUNICIPALITY OF BAYHAM 56169 Heritage Line, P.O. Box 160, Straffordville, Ontario, NOJ 1Y0 Ai 11 0 ,.i�0,2t Telephone: 519- 866-5521 Fax: 519- 866-3884 Application No. A-04/19 Applicant: Herman and Anna Teichroeb Lot: Plan 205 Pt Lot 20 Roll Numbers: 34-01-000-004-18700 Street Address: 55836 Fifth Street, Straffordville Date of Hearing: May 16, 2019 Date of Decision: May 16, 2019 RECOMMENDATION THAT the Committee of Adjustment Secretary-Treasurer's report DS-33/19 regarding the Teichroeb minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variance as presented meets Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-04/19, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 4.14 d) Municipal Drains and Natural Watercourses to permit a setback of 1.5 metres (5 feet) from the centerline of a closed municipal storm drain, whereas 4.5 metre (14.7 foot) setback is required, to maintain an existing 7.3 metre (24.0 foot) diameter above ground pool. Decision: GRANTED Reasons for the Decision: •the variance is considered to be minor in nature in accordance with the requirements of the Planning Act •the variance application meets the "four tests" of Section 45.(1) Planning Act • the variances maintain the general intent and purpose of the Official Plan and Zoning By-law Concur in the Decision: Ed Ketchabaw ,-tC "O _. Rainey Weisler ( . Q.isr/(7 C. Valerie Donnell )7/' A'V 21/4/71,A-6// C�2A Dan Froese G�- Susan Chilcott j.e..,-.0,64.,_ etI-�1-(9-/6 NOTICE OF LAST DATE OF APPEAL TAKE NOTICE that any person or agency may appeal to the Local Planning Appeals Tribunal in respect of the By-law variance within 20-days of the Notice of Decision by filing with the undersigned, not later than the 5th day of June 2019, a notice of appeal setting out the objection to the Decision and the reasons in support of the objections. It is also necessary to submit a filing fee of$300.00 with the notice of objection. Dated at theM.0 "cipality of Bay am this 16th day of May 2019. 7 1/- _ /4'-,Zel___ /:': Margaret Underhill, SecretarylTreasurer Committee of Adjustment IN YHA4? i, ��; NOTICE OF A PUBLIC MEETING �41111111111" , CONCERNING A PROPOSED O 14 ty MINOR VARIANCE 46pOrtunity Ise°4 IN THE MUNICIPALITY OF BAYHAM APPLICANT: Berschl, Robert and Spooner-Berschl, Kelly TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-02/19). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday June 6, 2019 at 6:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from the Zoning By-law regulations in Section 10.9.1 Minimum Side Yard Width to permit a setback of 1.2 m (4.0 feet) whereas 1.7 m (5.6 feet) is the required minimum setback for an attached garage; and Section 4.26 Permitted Encroachments in Yards for open decks in the side yard of 0.3 m (1 foot) whereas the required minimum setback to any lot line in the side yard is 1.2 m (4.0 feet). The variances are needed to permit the construction of a garage, carport and rear deck attached to the existing dwelling in the Village Residential (R1) Zone, located on the east side of Chatham Street south of Cowper Street, known as 28 Chatham Street in Port Burwell. THE EFFECT will be to permit the construction of: an extension to an existing deck; a new garage; a new carport attached to the garage; and a breezeway connecting the existing dwelling to the proposed garage. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 24th day of May 2019. KEY MAP MUNICIPALITY OF BAYHAM - f Margaret Underhill ST Deputy Clerk / Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line - Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext. 222 COWPERST F: 519-866-3884 . - E: munderhill@bayham.on.ca 1 q W: www.bayham.on.ca SOUTHEr ST SUBJECT LANDS ij /47 - U TENNYSONST OM! CIP/Public Notification INN:YHA/itNOTICE OF A PUBLIC MEETING CONCERNING PROPOSED 4111=i'' AMENDMENTS TO THE ELGINCENTIVES / � COMMUNITY IMPROVEMENT PLAN rl IN THE MUNICIPALITY OF BAYHAM ,JI,o tUnity I •011" APPLICANT: MUNICIPALITY OF BAYHAM TAKE NOTICE that the Municipality of Bayham is initiating proposed amendments to the Elgincentives Community Improvement Plan adopted in 2015. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a statutory public meeting on Thursday, June 20, 2019 at 7:45 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Community Improvement Plan pursuant to Section 28 of the PLANNING ACT. THE PURPOSE and EFFECT of this amendment is to add employment and industrial land uses as land uses eligible for financial incentive programs. In addition, financial programs are also proposed for the rehabilitation and redevelopment of brownfield sites (contaminated lands requiring remediation prior to development). The amendment applies to the existing Community Improvement Project Area as designated by By-law No. 2015-059 as it applies to the entire municipality and no key map is provided. The existing Elgincentives Community Improvement Plan for the Municipality of Bayham was adopted in 2015 and provides a framework for encouraging the rehabilitation and improvement of private lands and buildings in key locations throughout the municipality. The Community Improvement Plan provides policies that enable Council to offer financial incentives to private property owners, which currently apply to commercial, mixed-use, and tourism-related land uses. These incentives are intended to encourage property owners to improve the appearance of their lands and buildings, which ultimately benefit residents and visitors within the Municipality of Bayham. THE EFFECT of this amendment will enable Council to offer financial incentives to private property owners in the entire municipality for the improvement of private employment, industrial and brownfields lands. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendments. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the amendments are adopted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-laws are passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, or a refusal of a request to amend the Community Improvement Plan you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendments may be obtained at the Municipal Office, at the following website: http://www.progressivebynature.com/business- resources/elgincentives or by contacting the Elgin County Economic Development staff: 519- 631-1460 ext. 137. Dated at the Municipality of Bayham this 29th day of May 2019. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhi11( bayham.on.ca W: www.bayham.on.ca INN:YHA/itNOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT fif O IN THE MUNICIPALITY OF BAYHAM t. Opp'Unity 1L 1'41 APPLICANT: 1841449 ONTARIO INC. (PEDRO DYCK) 7855 PLANK ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 20, 2019 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to amend the zoning on a 0.4 hectare (1 acre, lands to be severed) parcel of land from an Agricultural (Al-A) zone to a site-specific Rural Residential (RR- XX) zone to permit a single detached dwelling with a front yard setback of 7.0 m; and prohibit livestock; and to amend the zoning on a 40 ha (101.5 acre, lands to be retained)farm parcel from Agriculture (Al-A) to Special Agriculture (A2-XX) to prohibit new residential dwellings on the site and to recognize an existing front yard setback of 7.0 m and a side yard setback of 1.2 m; to Zoning By-law Z456-2003. The subject lands are located at 7855 Plank Road west side, north of Calton Line. The rezoning is to satisfy a condition of Consent E16/19. THE EFFECT of this By-law will be to permit a rural residential single detached dwelling which is not part of a farm operation and prohibit future dwellings on agricultural lands. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 31st day of May 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhillAbayham.on.ca LANDS TO W: www.bayham.on.ca BE RETAINED LOT 14 LOT 15 � LANDS TO 1I BE SEVERED INN:YHA/itNOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED 41141ZONING BY-LAW AMENDMENT - � IN THE MUNICIPALITY OF BAYHAM n;'Eunity 1L 1'41 APPLICANT: 1841449 ONTARIO INC. (PEDRO DYCK) 6978 PLANK ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 20, 2019 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to amend the zoning on a 0.4 hectare (1 acre, lands to be severed) parcel of land from an Agricultural (Al-A) zone to a site-specific Rural Residential (RR- XX) zone to permit a single detached dwelling and recognize a side yard for a metal shed of 1.1 m and a side yard setback of 6.5 m for a barn; and to prohibit livestock and to amend the zoning on a 42 ha (105.6 acre, lands to be retained) farm parcel from Agriculture (Al-A) to Special Agriculture (A2-XX)to prohibit new residential dwellings on the site and to retain the existing barn with a side yard setback of 3.0 m to Zoning By-law Z456-2003. The subject lands are located at 6978 Plank Road east side north of Light Line. The rezoning is to satisfy a condition of Consent E17/19. THE EFFECT of this By-law will be to permit a rural residential single detached dwelling which is not part of a farm operation and retain the existing shed and barn with reduced setbacks; and prohibit future dwellings on agricultural lands and retain the existing barn with a reduced setback. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 31st day of May 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 LANDS TO E: munderhill*bayham.on.ca BE RETAINED W: www.bayham.on.ca LANDS TO BE SEVERED -c- INN:YHA/itNOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT fif O IN THE MUNICIPALITY OF BAYHAM t. Opp'Unity Ise° APPLICANT: LAMA, ROBERT, ANDREW AND JOHN, 12 ELIZABETH STREET, PORT BURWELL TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 20, 2019 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to amend the zoning on a 1.2 hectare (3.0 acres) parcel of land from a Mobile Home Park (MH)zone to a site-specific Mobile Home Park (MH-XX)zone to permit additions to individual Mobile Homes of 3.7 m (12 feet) by 7.4 m (24 feet)whereas a mobile home by definition cannot have additions in Zoning By-law Z456-2003. The subject lands are located at 12 Elizabeth Street, on the east side, south of Wellington Street, Port Burwell. THE EFFECT of this By-law will be to permit additions to each of the existing mobile homes for the purpose of additional living area excluding washrooms or kitchen areas. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 31st day of May 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill I t ' Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 - F: 519-866-3884 r4 RIM I E: munderhi11(cr�bayham.on.ca _I M 1 W: www.bayham.on.ca • SUBJECT LANDS } ,911 ifibrAl Village of Port Burwell INNYHA T � REPORT r DEVELOPMENT SERVICES ppul'tunity IS�� TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: June 6, 2019 REPORT: DS-36/19 FILE NO. C-07/ D10.FROE Roll # 3401-000-003-05300 SUBJECT: Application for Amendment to Site Plan Agreement— By-law 2019-054 BACKGROUND: Froese Vegetables Inc. has applied to amend the site plan agreement originally approved by Council on April 2, 2015 by By-law 2015-041 for the property known as 56618 Calton Line. At this time, Froese Vegetables Inc. is looking to expand operations by constructing a 55.74 m2 (600 sq. ft.) addition to the north side of the cooler storage barn to "house" a pepper grader. The overall building size once the addition construction is complete will be 1616.5 m2 (17,400 sq. ft.) for the Pack Barn, Cooler Storage and Pepper Grading area. DISCUSSION: The original site plan agreement was executed on April 2, 2015 and registered on title to the property on April 14, 2015. In order for the new construction to be approved for permit, the site plan agreement By-law 2015-041 must be amended by striking the performance guarantee date and replacing with June 6, 2020 and removing and replacing the site plan drawing Attachment "C"' with a revised drawing showing the proposed new construction for the site. Staff support the amendment to the site plan agreement and present the by-law for enactment. ATTACHMENTS 1. Application for Amendment to Site Plan Agreement 2. Draft By-law 2019-054 with Attachment"C" DS-36/19 Froese Vegetables 2 RECOMMENDATION THAT Staff Report DS-36119 regarding the Site Plan Agreement with Froese Vegetables Inc. be received for information; AND THAT By-law 2019-054 being a by-law to amend By-law 2015-041 be presented to Council for enactment; Respectfully Submitted by: Reviewed by: Margaret Underhill Paul Shipway Deputy ClerkiPlanning Coordinator CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019- 054 BEING A BY-LAW TO AUTHORIZE AN AMENDMENT TO BY-LAW 2015-041 BEING A BY-LAW AUTHORIZING A SITE PLAN AGREEMENT BETWEEN FROESE VEGETABLES INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham approved Site Plan Agreement By-law 2015-041 on April 2, 2015 now deems it necessary to amend the Site Plan Agreement with Froese Vegetables Inc. 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 and directed to execute an Amendment to the Site Plan Agreement By-law 2015-041 between The Corporation of the Municipality of Bayham and Froese Vegetables Inc., namely: a) Amend Schedule "A" Paragraph 23 Performance Guarantee by removing the date April 2, 2016 and replacing with June 6, 2020. b) Remove Attachment "C" to By-law 2015-041 and replace with the attached Attachment "C" 2. THAT the executed By-law be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 6th day of June 2019. READ A THIRD TIME AND FINALLY PASSED this 6th day of June 2019. MAYOR CLERK • THE COW..OF THIS DRAWING I. WELL N.WELLS SUPPLY,.HOUSE FOR PROPFIOY OEx01fD xY \ \ \ \ N ' • •\ RDANN THE COPYRIGHTED PROPERIT 'e'(SIE OF WELL Nig) \ \ \ \ • \ \ \ \ DF W WORKS LNC. WWELL ELL J-SUPPLIES VA..OFF.W.ERCENS.HARE 2 WFu W.T.s TEST.er,.THIRD PARTY.r m[REGAINING un[Ta OF ROE 4A5[w. 0 • \ \ \ - • \ • \ \ \ \ \ I Tart.., OTE WELL N-SUPe ES WATER TO CISTERN I W. R TEST.BY.mW PARTY AT THE BMW.ANC OwO E M.N. NORTH \ ' \ \ \ ' \ ' \ \ \ \ H THE CONTRACTOR/OWNER S..CHECK ALL 1.w1101$OF 50NE UWEAC.J.ITEMS.55101 f50N B.5 Nq OPTIC 1IM6'..k=1,7"''' t xm[O=DEN Is/.12.2e aTl.EBY Tm/.GFTEWL ROW ON[cnipETIOR 5.M NOT.OMMS \ \ \ • \ \ • \ \ • \ \ \ •\ \ r UPI AND T1E 01UST Cf/ENgNEER DffMANY 6 10 OW W%MS AS OILY BEEN ISTNNED NR PORK PURPOSES N9 HR PRPAC.NNW.AS PROEM HY THE CHEM. \_ \ \ \ -\' \ .\- \ \' \ \ \ \ \ , 111k.Ad: \ \/ PROCEEDING WITH THE WOR( 00 NOT SCALE DRAWING. • - \ \ • \ \ ' \ ' \ \ \ \ / \• \ \ •• \ \ TWt F\ •\ \ \ \ •\ \• \ \• \ ••\ y \ • \ \ _ \ \ \ \ • \ ' \ \ \ \ • \ - \ \ 0 OM TEN NOTES \ \ \ \ - \ ter \/ 0/ // RE CE LV E D \ \ \ \ • \ \' j /l////l/�l/1. - \ - \ /!y 9.bEWa.X. 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ISP„N,EGT TO B9 I ,NT MIME. • GRI55,WEA % GRA.M. �� '''.1 Am N�101ieva4 ' '', Lie lt.�.�, 4K 90i.._._.____.•,___10 < I��4 �111....-'1111111171111111' ......._11:717 W�We. �— �y PROJECT � 4 .�L;,W�\\ ` \` ar= FROESE VEGETABLES ,��, 1' 56618 CALTON LINE,RR1 ������� ROIIEXO[ELEV.. \®,\/ 7 ND=1 VIENNA,ON,NOJ 1Z0 ��� VIENNA ONTARIO )119. SITE PLAN NWGOAL ROO DR..TO Pao // \ • W ` NEmoWat. SHEET No. • F AE r99-0 DATE S0.1 Na 242019 PROJECT No, 19.011 INNICH.44 irippistefft;44,„..„ REPORT o j cv DEVELOPMENT SERVICES POrtunity Is1C° TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: June 6, 2019 REPORT: DS-38/19 FILE NO. C-07 / D09.19 McCord Roll #3401-000-001-0800 SUBJECT: Consent Application E30/19 McCord BACKGROUND: Consent application E30/19 was received from the Elgin County Land Division Committee submitted by Mark and Rosemarie McCord proposing to sever a 0.51 ha (1.26 acre) parcel and retain 38.5 ha (95.3 acres), Part Lot 28 Concession 1, known municipally as 57761 & 57773 Glen Erie Line for the purpose of severing a surplus farm dwelling. The subject lands are designated "Agriculture" and "Natural Gas Reservoir", on Schedule "Al" Municipality of Bayham: Land Use and "Existing Petroleum Well" on Schedule "A2" Municipality of Bayham: Constraints of the Official Plan. The lands are zoned Agriculture (A1) on Schedule "A" Map No. 15 in the Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on June 12, 2019. DISCUSSION: The proposal suggests creating a residential parcel encompassing the dwelling, garage, shed and garden shed with no new structures proposed. The applicant exhibited through the application that the severance of a surplus farm dwelling qualifies through farm consolidation with the owner's dwelling located at 78 Victoria Street Port Burwell in the same ownership and is farmed and operated under the corporate farm operation, McCord Farms Inc. The planner's memorandum dated May 30, 2019 analyzes the application subject to the Provincial Policy, Elgin County Official Plan, Bayham Official Plan and Bayham Zoning By-law regulations. Rezoning is required — retained lands to the Special Agriculture (A2) zone that prohibits future residential development on the lands; severed lands to a site-specific Rural Residential (RR-XX) zone to permit residential use and to prohibit the keeping of livestock. Staff and planner recommend Council's support of the application with the listed conditions Staff Report DS-38/19 McCord 2 including the removal of the mobile home and septic system initially placed on the farm as a supplementary farm dwelling. ATTACHMENTS 1. Consent Application E30/19 2. IBI Memorandum dated May 30, 2019 RECOMMENDATION THAT Report DS-38/19 regarding Consent Application E30/19 McCord be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E30/19 be granted subject to the following conditions: 1. Mobile Home and septic system be removed from the retained parcel 2. Rezoning of both the severed and retained parcels 3. Planning Report fee payable to the municipality 4. Digital Copy of the final survey provided to the municipality Respectfully Submitted by: Reviewed by: Margare Underhill Paul Shipway Deput/Clerk/Planning Coordinator CAO/Clerk G��zJ 4 _ /Elgin SEC WED APPLICATION FOR CONSENT APR 2 9 2019 . Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE 2. NanCtodNtlgt--GIN Mark and Rosemarie McCord LAND DIVISION C MMITTEE Address P.O. Box 220 , Port Burwell, ON NOJ 1TO Telephone Number 519-808-0801 Email Name of owner's solicitor or authorized agent David Roe, Civic-Planning Solutions Inc. Address 599 Larch St., Delhi, ON N4B 3A7 Telephone Number 519-582-1174 Email Please specify to whom all communications should be sent: Owners ( ) Solicitor ( ) Agent (x ) 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. 1 Lot(s)No. 28 Registered Plan No. Name of Street Glen Erie Line Street No.and/or 911 No. 57761 - 7•7 7,3 Assessment Roll No. 34010000010800 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No (x ) If Yes,describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Measurements in Metric) Frontage 51.3m Depth 99.7m , Area 5114m2 Existing Use Agricultural Proposed Use Residential Number and use of buildings and structures on the land to be severed: Existing House, garage, shed, garden shed Proposed Nothing 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 375. Depth 1019m Area 95.3ac Existing Use Agricultural Proposed Use Agricultural Number and use of buildings and structures on the land to be retained: Existing Shed, Mobile home County ofgn Eng,neenngEiServices Proposed nothing 450 sunset Drive a n 0.,Nan.7d1 Phone:519-631-1460 www.elgincounty.ca Progressive by Nature -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 ) (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 (-sle44(x ) ( ) Privately owned and operated communal well ( ) ( ) � Lake or other water body ( ) ( ) jP 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 ) (x ) Privately owned and operated communal septic system ( ) Other means (specify) (b) If existing sewage disposal is privately owned,the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? Existing systems _/ rpt -/ 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 ( ) Unknown ¢c ) If Yes, and known, provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application, describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes ( ) No (x ) (b) If the answer to(a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Date parcel created 17. If this application is for a lot addition, has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No ( ) If Yes, provide the previous severance File No. 18. (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. Surplus to house located at 78 Vittoria St. Port Burwell (..L., Q_ 1 /C. �y.ri'� S and other farm parcels located in Bayham. I9"' �_ y L- 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 ) No ( ) If Yes, and known, specify the appropriate file number and status of the application to be submitted 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 Section 2.3.4.1 c)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 �-��� day of 11,11C( �� �i 20 SIGNATURE OF APPLICANT(S), SOL TO� AUTH o: ZED AGENT AFFIDAVIT OR SWORN DECLARATION I/We David Roe of the of in the County of Norfolk solemnly declare that all the information contained in this application is true, and INVe make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the 1�UnIC t "\--C-LI ofN\atlI ��1 (� in the C air* 1 this ,k-1-4 day of L_—_t C I 19nature 20 I c\ Signature Susan Dianne Galloway,a Commissioner,etc.,County of Elgin,for 1 I A o (t The Corporation of the County of Elgin. Expires Januar 6,2020. Commissioner, etc. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal, if any, must be affixed. It is required that one copy of this application be 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: Bayham, Concession 1, Part Lot 28. 57761 Glen Erie Line I/We,the undersigned, being the registered owner(s) of the above lands hereby authorize David Roe of Norfolk County 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 Municipality of Bayham this (j day of ` 20 1 9 Si!-- ure of ess Signature of Owner Sig ature of Witness Signature of Owner Signature of Witness Signature of Owner WELL TECH. 4009 M.O.E LIC. T67 Date /7,/,_7,1,c,./ „Re-fycp21, DAVE OATMAN PUMPS WELL INSPECTION Owner Lot 74r ,4 ,T ZE Con / County Address .6"-- / viviv Phone ,579'--ep e) Fe) / Well Size / GPM Well-Depth 22 — Z 16 e- p Type of Pump ' Well Age /6 Pump Age Water Sample AA1 A Casing Condition 00.0 Test Pumped ,:s2 / Well Record Ail9 Remarks "2/Ai fi s zr_6 4/7 7 7 Distance From Septic X0 Dave Oatman Pumps/2 /77 Public I Sante Public Health Laboratory-London Health I publique 850 Highbury Ave.,5th Floor Ontario ! Ontario 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'Nameond Mallin Address/ 9Location of:Water Source! Nona etadre'sse:postale de l'auteur dela demands d'analyse ':Emplacement de la source d'eau mtrattlarto.Las tItar-ra.Sreivorr Nom tie farn;ttn Lol-.0r-_s:pin ou101,:cOflronv,cn Er egeic.: e_uul:,c'ay"-:.. MARK MCCORD PT 28 1 57761 Sunttet.tatifireSS i..is n muhicip=, - - .Stott actri__c,?dr.,_. m ute:taale - 61 VICTORIAST 57761 GLEN ERIE LINE PO BOX 220 BAYHAM ON 2N0J1TO PORT BURWELL,ON:.-NOJ 1T0 county'comic-ELGIN - .. Health Unit.7-4 di bureau tic-ante.4913 - . Specimen details/Details sur I'echantillon: Barcode I.Code a'barres:011076486 Purification system used(e.g.UV,filtration,etc.)?I Yes I Oui Phone#/#tel.:519 808 0801 Systeme depuration utilise(p.ex.rayons UV,filtration,etc.)? Date/Time Collected I Datelheure du prelevemene:2019-03-27 21:00:00 Authorized by/Autodse par Date/Time Received/Datelheure Regu le':2019-03-28 15:50:00 Chief,Medical Microbiology or Designate Specimen Note/Note sur l'echantillon: This specimen was received in good condition unless otherwise stated./A moins d'avis contraire,I'echantillon etait en bonne condition au moment de la reception. Test results/Resultats d'analyse: Total Coliform CFU/100 mL I Coliformes totaux UFC/100 mL 0 E.coli CFU/100 mL/E.coli UFC/100 mL U Interpretation!Interpretation: There is no evidence of fecal contamination.If the results show the presence of coliforms it 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. II n'y a aucune preuve de contamination fecale.Si les resultats indiquent la presence de coliformes,. cela pout etre revelateur dune source d'eau polluee.L'eau des puits etant susceptible d'être degradee par des facteurs externes,it est important de la faire analyser frequemment.Consultez le bureau local de sante publique pour plus de details,si:necessaire. Date of Analysis/Date de('analyse: 2019.03-28 Date Read/Analyse effectuee Is;2019-03-29 Please Note!Priere de noter ce qui suit: These results relate only to the sample tested./Le resultat obtenu se rappone seulement a tet echantillon d'eau analyse. Note:This water sample was only tested for the presence of both Total Coliforms and E,coil(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 ions significant evidence of bacterial contamination.Contact your local public health unit for Information on testing for other contaminants./Remarque:Cat echantillon d'eau n'a ete analyse que pour deceler(par un laboratolre accredits conformement a norma ISO/IEC 17025)la presence des coliformes totaux et des batteries collibacillaires, indicateurs de contamination par filtration sur membrane.L'echantillon n'a pas die taste pour d'eutres contaminants,y compris les contaminants chimiques et,par copse quent,mean pent etre Impropre ala consommation mama lorsqu'it n'y a aucune preuve significative de contamination bacterienne.Veuillez communiquer avec le bureau de sante publique de votre localise pour nous renseigner au sulet de 1'analyse visent a detecter la presence d'autres contaminants. If the reported client information does not match the information you supplied on the form please contact the PHO Customer Service Centre. Telephone:1-677-604-4567 or 416-235-6556 or E-mail:customersen/cecentre@eahpp.ca.For operating hours see our websle www.publichealthontario.callabs./SI les informations sur le client (ndtquees ne correspondent pas aux informations que vows avez foumies sur le formulaire,veuillez communlquer avec le Service ala clientele de SPO par telephone au 1- 877-604.4567 ou 416-235-6556,ou par courlel au customerservlcecentrei5oahpp.ca.Pour connaitre les heures d'ouverture,veu/lez consulter notre site Web a www. publtchealthontario.ca/labs. End of report/Fin du rapport All time values are EST/EDT/Toutes les heures soot exprimdes en HNE ou en HAE. Rrint,Date l Date d'tmpression':2019-04-01 Page 1 of 1. LIMS Report#:31110917!/'Orltado Date Reported/pate du rapport':2019-04-01 08:37:25 X_SingleSampleOPHL WATPRIVATE.rpt '2?7--. Gilles Therrien Septic Tank Pumping Backhoe Services 6346 Plank Rd Vienna,Ontario NOJ 1Z0 Septic System Inspection at 57761 and 57773 Glen Erie Line in the Municipality of Bayham for land owner Mark McCord on April 10th 2019 The septic system at 57761 Glen Erie Line consists of approximately 3000 liter septic tank and four distribution lines 50 feet in length and is in good working order. The septic system at 57773 Glen Erie Line consists of a 3600 liter septic tank and six distribution lines 50 feet in length and is in good working order. Both systems are well within the purposed lot size. BCIN# 17839 Company Gilles Therrien ELGIN J — n } �y �., At... .x 7 fr t- .:f ,,'" ,� � �" ..d'�� ins hr r*,• w 1:i .S P /'"nye r r • :y 7 m r b9 ^r . 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I, t' tt 4''' t, y ,L104-,„..,, "9 g" der:.}x "ze:'ac i.,aec k e4aw afar& '�`ew 'i'.i ,,'p r` ,. :e: '.�` .. ..x L %a�,.'�11'i,.`,p t dvog 0*-I*w 0 r a qaNrt t44 -x w< c."-IA"tsa`..w R�.:+s r rr?�>.::b, row $i"",b•• .. Pe�'4.j. Ex T*y PT4ICIVIN6I,TAINA, ,.# `§.TTRIA,T $moi"+ n=. **ONE xti.?z + °«rra f.„,;*-* eq -' ' "„ .:tP IBI GROUP I B ' 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham Date May30, 2019 From William Pol, MCIP, RPP Project No 3404-724 cc File Subject Mark and Rosemarie McCord - 57761 and 57773 Glen Erie Line, Application for Consent E30/19 1. We have completed our review of consent application E30/19 submitted by Mark and Rosemarie McCord for lands located at 57761 and 57773 Glen Erie Line, south, west of Elgin County Road 55. The owners of the land reside in the Village of Port Burwell. The applicant is requesting consent for severance of 0.44 ha (1.1 acres) of land (#57761 Glen Eire Line); and to retain 38.5 ha (95.3 acres) of land (57773 Glen Erie Line). The intent of the consent is to create a residential lot surplus to the consolidated farm operation. The lands are designated Agriculture and Natural Gas Reservoir on Schedule "Al": Land Use. The lands are zoned Agriculture (A1) on Schedule "A", Map No. 15 in Zoning By-law Z456-2003. 2. The proposed severed lands have a lot frontage of 51.3 m (168 feet) and a lot depth of 99.7 m (327 feet). The lands comprise a single detached dwelling, a garage, shed and garden shed at 57761 Glen Erie Line. Glen Erie Line is maintained year-round. The dwelling is serviced with private septic services and water services. The retained lands have a lot frontage of 489 m (1,604 feet), along Glen Erie Line and a lot depth of 1019 m. The retained lands include a mobile home, at 57773 Glen Erie Line. The mobile home was likely permitted as accommodation for temporary\seasonal farm help on the original farm parcel. It is in poor condition and the site is poorly maintained. There is no indication the occupants are employed on the farm operation nor is it necessary for the ongoing operation of the retained lands. 3. 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. Lot creation is generally discouraged, however, may be permitted for: c) a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—May 30,2019 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance ; The proposed lot area is 0.44 ha where 0.4 ha is the required minimum in the zoning by-law. The proposed has existing water and sewer services. Zoning By-law Special Agricultural (A2) zone restricts residential development on retained farm lands for surplus dwelling severances. The applicant will be required to rezone the retained lands to Special Agricultural (A2) and the severed lands to Rural Residential (RR). 4. 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 front on a public road, Glen Erie Line is a municipal road maintained year-round. b) The existing access is to a municipal road. c) Glen Eire Line is straight and flat along the dwelling frontage and the access has existed for some time, therefore, a traffic hazard is not created. d) The severed lands have 51.3 m frontage where 50 m is the required minimum in the Rural Residential (RR) zone. The lot area of 0.44 ha exceeds the 0.4 ha minimum requirement of the RR zone. The retained lands frontage of 375 m is above the minimum of 150 m in the A2 zone.The lot area of 38.7 hectares is above the minimum of 20 ha required in the A2 zone. A zone change will be required for the severed lot to allow residential use; recognize the reduced rear yard setback for the shed and to prohibit the keeping of livestock. e) The conditions of consent include the applicant rezoning the retained lands to a Special Agriculture (A2) zone in order to prohibit any new residential development on the lands and removal of the temporary supplementary farm help accommodated in the mobile home; and the applicant rezoning the severed lands to a site-specific Rural Residential (RR-XX) zone to allow for residential use. f) The dwelling is serviced with private water and sewage services. The applicant has provided an assessment of the water service from Dave Oatman Pump and Pressure Systems confirming the well is producing enough water for household use, the pump is working well and in good condition. Water test results were received from Public Health Ontario, dated March 2019, confirming the water is safe as a drinking water source. There is one well shared by both the single detached dwelling and the mobile home. A letter IBI GROUP MEMORANDUM 3 Municipality of Bayham—May 30,2019 from Gilles Therrien Septic Tank Pumping and Backhoe Services confirms the septic systems for both dwellings are acceptable. g) No new structures or physical site changes are associated with the proposed consent, therefore, negative impacts to the drainage patterns in the area are not anticipated. h) The retained lands would prohibited from any new dwellings and are not designated for development. The removal of the supplementary farm dwelling mobile home is consistent with the intent to prohibit permanent dwellings on the retained lands. The lands are designated for agricultural use and have adequate frontage on Glen Erie Line. i) Bayham Official Plan Schedules do not identify any significant features in close proximity to the new lot, therefore, no negative impacts are anticipated. j) The proposed use does not increase the amount of water being sourced from local groundwater. The applicant has provided recent Public Health Ontario positive drinking water test. k) Bayham Official Plan Schedule A2 indicates there are no hazard lands within the retained lands and no negative impacts associated with the severed lot are anticipated. I) A review of Official Plan policies follows in a separate section. m) The proposed surplus farm dwelling lot and retained agricultural lands will conform to Section 51 (24) of the Planning Act, as amended upon fulfillment of the conditions identified below. The consent is consistent with the County of Elgin Official Plan policies for surplus farm dwellings. 5. The 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 indicates that farm consolidations may result in the identification of existing farm dwellings that are rendered surplus to the consolidated farm operation and that consent to sever may be permitted within the "Agriculture" designation in accordance with the following criteria response: a) The creation of a residential parcel does not create a land use conflict with the agricultural operations or other existing land uses in the immediate area of the subject lands. A conflict is not anticipated. c) The applicant listed a property in Port Burwell as the main farm dwelling. The applicants operate a number of agricultural parcels under a family corporation with several dwellings in the municipality. The intent of the policy is being met whereby the McCord farm corporation has a farm dwelling in the municipality. IBI GROUP MEMORANDUM 4 Municipality of Bayham—May 30,2019 Section 2.1.7.2 includes the following criteria response for consideration of the surplus farm dwelling lands: a) The proposed lot area meets the minimum lot area for the Rural Residential (RR) zone. Water and sewer services are accommodated on site. c) The applicant shall rezone the severed lands to Rural Residential zone. Section 2.1.7.3 includes criteria response for consideration for the surplus dwelling lands: a) The existing shed to be retained does not meet the minimum zoning by-law regulations for setbacks in accordance with the Rural Residential Zone. A special provision is needed to retain the existing shed. b) The shed is not used for livestock and the site-specific rezoning will prohibit the keeping of livestock. Section 2.1.7.4 includes criteria response for consideration for the retained lands: a) The retained lands have a lot area of 38.5 ha where 20 ha (49 acres) is the required minimum in the A2 zone. The lot frontage of the retained lands is 489 m where the minimum lot frontage in the A2 zone is 150 m (492 feet). Therefore the lands conform to the minimum regulations for the A2 zone. b) The applicant must rezone the retained lands to a Special Agricultural (A2) zone to prohibit the placement, development, or establishment of any additional type or form of residential dwelling. The removal of the supplementary farm dwelling mobile home is consistent with the rezoning. The proposed consent generally conforms to the Municipality of Bayham Official Plan policies for surplus farm dwelling. 6. Policy 2.1.10 sets out criteria for Supplementary Farm Dwellings. The existing mobile on the retained lands was a supplementary farm dwelling. It becomes the main dwelling when the lands are finally severed and the retained lands are farmed. The policy sets out that mobile homes are intended to be temporary dwellings for use by farm labour on the farm. Retaining the existing mobile home is contrary to the intent of the Official Plan for supplementary farm dwellings. In accordance with the policies, the mobile home should be removed from the site as a condition of the consent; the septic system be removed and the land converted to agricultural use. Supplementary Farm Dwellings may not be severed from the farm operation as per the Official Plan policy 2.1.10.1. By removing it from the permanent dwelling it is no longer part of the operation. IBI GROUP MEMORANDUM 5 Municipality of Bayham—May 30,2019 7. The subject lands are located in the Agricultural (A1) zone in By-law Z456-2003. The proposed retained lot setbacks, lot area and frontage meet the minimum requirements for the Special Agriculture (A2) zone. The severed lands require a rezoning to a site-specific Rural Residential (RR-XX)zone to allow for residential use; recognize the reduced rear yard setback for the shed and prohibit the keeping of livestock. 8. Based on the above review of consent application E17/19 we have no objection to the surplus farm dwelling severance of 0.44 ha and a retained lot of 38.5 ha subject to the following conditions: a. That the applicant remove the existing mobile home and septic system on the retained lands. b. That the applicant rezone the retained lands to a Special Agriculture(A2)zone in order to prohibit future residential development on the lands. c. That the applicant rezone the severed lands to a site-specific Rural Residential (RR-XX) zone to permit residential use, to recognize reduced setback for the shed and prohibit the keeping of livestock. d. That the applicant provide a digital copy of a land survey for the entirety of the subject lands. e. That the applicant purchase civic numbering signage for the retained lands. f. That the applicant provide a Planning Report Fee payable to the Municipality of Bayham. W4lliainV IBI Group William Pol, MCIP, RPP Consulting Planner to the Municipality of Bayham I , , iNpociLttivi Allini ,_ .4.41/4,.v ea,,,,, it* < ; ; ..., .. _ �_ ',-, t REPORT oI = �,,,cy DEVELOPMENT SERVICES p°Z.tunity Is': TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: June 6, 2019 REPORT: DS-39/19 FILE NO. C-07/ D10.TVDSB Roll # 3401-002-001-12500 SUBJECT: Application for Site Plan Agreement— By-law 2019-057 BACKGROUND: A site plan approval application was received on April 16/2019 and deemed complete April 24, 2019 from Thames Valley District School Board — Charlie Attard for the property located at 30 Strachan Street Port Burwell, known as the Port Burwell Public School. The application proposes the development of their property by adding a paved parking area to accommodate 25 parking spaces. The subject land is designated "Institutional" in the Official Plan and zoned Institutional (I) in the Municipality of Bayham Zoning By-law Z456-2003. DISCUSSION: TVDSB is looking to place 25 off-street parking spaces in the area of the south west corner of the property near the intersection of Strachan and Wellington Streets. The overall parking area will be 700 m2 (7534 sq. ft.). Based on staff review of the Application for a Site Plan Agreement and accompanying final drawing received on April 24, 2019, staff concur that it meets the intent of the Official Plan and the requirements of the Zoning By-law. Staff circulated the County engineering office and they have no concerns as the entrance is accessed from the local street and not from the County road. Staff recommends approval of the site plan agreement as presented for the development of the parking lot on the Port Burwell Public School property. ATTACHMENTS 1. Application for Site Plan Approval Application DS-39/19 TVDSB Site Plan 2 2. Draft By-law 2019-057 with Schedule "a" Site Plan Agreement RECOMMENDATION THAT Staff Report DS-39/19 regarding the Site Plan Agreement with Thames Valley District School Board be received for information; AND THAT By-law 2019-057 being a by-law to approve a site plan agreement between the Municipality of Bayham and Thames Valley District School Board be presented to Council for enactment; Respectfully Submitted by: Reviewed by: Marga -t �derhill Paul Shipway Deput ' ClerkiPlanning Coordinator CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-057 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN THAMES VALLEY DISTRICT SCHOOL BOARD AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Thames Valley District School Board. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Thames Valley District School Board affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 6th day of June 2019. READ A THIRD TIME AND FINALLY PASSED this 6th day of June 2019. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW NO. 2019-057 SITE PLAN CONTROL AGREEMENT THAMES VALLEY DISTRICT SCHOOL BOARD AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Plan 12 Lot 21 to 25 W/S Shakespeare Plan 12 Lot 21 to 25 E/S Strachan, Municipality of Bayham 2 This Agreement made in duplicate this 6th day of June 2019. BETWEEN: THAMES VALLEY DISTRICT SCHOOL BOARD (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Plan 12 Lot 21 to 25 W/S Shakespeare Plan 12 Lot 21 to 25 E/S Strachan, Village of Port Burwell therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands"); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "B3" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no entrance permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a entrance permit. 3 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands Description, Attachment "B1" "B2" B3" — Drawings: New Parking Lot Removals and Site Plan, and Attachment "C"—Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands Description) hereto identifies the Lands which are subject to this Agreement and, furthermore, Attachment "B3" depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "B3" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B3" ("Site Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B3" hereto, subject only to such changes receiving prior approval from the Municipality. 4 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (g) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (h) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (i) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (j) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby 5 reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (k) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (I) Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of Environment, Conservation and Parks (MECP). 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality 6 by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate 7 relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy , or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of _Zero Dollars and Zero Cents ($0.00). 25. Upon execution of this agreement and as contribution to the Private Drain Connection Fee, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Five Thousand Two Hundred and Fifty Dollars and Zero Cents ($5250.00). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of $_Zero_ per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 8 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before June 6, 2020. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of Zero Dollars and Zero Cents ($_0.00 ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B1" "B2" and "B3" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32.The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and 9 every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this day , 2019. ) Thames Valley District School Board ) Jeff Pratt, CPA, CMA ) Associate Director of Education &Treasurer ) Cathy Lynd, CPA, CA ) Superintendent of Business ) We have authority to bind the School Board ) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) Mayor ) Clerk ) We have authority to bind the Corporation 10 ATTACHMENT "A" Lands Description Roll# 3401-002-001-12500 Legal: Plan 12 Lot 21 to 25 W/S Shakespeare, Plan 12 Lot 21 to 25 E/S Strachan, Municipality of Bayham, County of Elgin Village of Port Burwell PIN # 35327-0156 (LT) Stantec N`0 5 U^- PORT BURWELL WATERLOO ST PUBLIC SCHOOL�� WELLINGTON ST iv ps - IC HI• c•A'I KEY PLAN NTS PORT BURWELL PUBLIC SCHOOL NEW PARKING LOT PORT BURWELL, ON Drawing Index C001 REMOVALS 0002 NOTES B SITE PLAN ISSUED FOR SITE PLAN APPROVAL Project Number: 165630130 ALL DRAWINGS 5X0000 BE REVIEWED WITN REFERENCE TOCOMPFETE CONTRACT DOCUMENTS Stantec ,„. . .„., WATERLOO ST Stare ore ..„. 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I. �. .. 11 no Port Burwell ON Conado R wcnmra.ense A..nu,r _ owzw.w •r,,•.. oaAae,wcAxw wnwu x,ro,ce snwAnlw P,acolmrsr NP.m.s.u,on. a cunuu,on. avow se uumn¢nraxws mrrro.n¢ a wwE.Pa. 'vaoe.oam Pww 'uerornssm¢xrAnaowx. 8 7. A we '"a0. eeuu.wvnw,e,wrwawnaEa0000 eroxurt.xae.;,war Knit TO oxoa,sm ilHe ' �r3�:aT��ro�.00 11111' AC,aas,w,0R nvanr.P 00000.aa¢a.o,rocPnn.n PROTECT.CIXIITAISCIOV..lom,ma1.4001:/.PI APPROVED MOM m'501..,.�nn. PORT BURWELL If 4 �S�;d!3� >I L. Caxslw1000W.N,An0.Nn.1,.s.a.<.a.o wroAa wvwn. Pm mNB RU MNIwaA00 OMF,FA a A . mamma. PARKING LOT ADDIT ON NOTES&SITE PLAN $. I,swr.,a,.e...a®..s.m.ws..a.IA mwKrAnw.awoA TMA m1^^^P°" /i..naA,.Rwswwo,.wow,. Proiecl no. Scale . MILLING DETAIL ,.,NEmA,eanwwawww.w,vACE.wo ar.uu. wa,s.le masre,c,wew,xsrAs.a.w,o.mlwlm.Asmm nmaeawe. n, waswo a ,w C ^9ONs�osr .'00130 I�lrinr=�—rw N.T.S. 10 Mira... ANF/0 aEmrn¢c.lnAsl a MIMS MP/lom.aw.cwucoearamlrx ww.r.91.0.1 100 fi.wuIXIM14 wa.oa.Na,oce.1.w N.w.ulen Drawing No. Sheet RariiUn 95 aurw.Peeamauw.0E WAVER, wesAwm.nnoxe0OA...10.000C roxa ecwowLCmazev., 000000,rm0A,o mwm.,aii,wa ^�^°� C002 2 of 2 0 12 ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20_, and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_ Witness Signature Name of Owner(Print) Address of Owner(Mailing) Telephone Number (qxrord Co 1 1 ty 21 Reeve Street,PO Box 1614 Woodstock,ON N4S 7Y3 519.539.9800 11.800.755.0394 Growing stronger together oxfordcounty.ca May 10, 2019 Mr. Paul Shipway Chief Administrative Officer Municipality of Bayham 9344 Plank Road Box 160 Straffordville, ON NOJ 1Y0 RE: NOTICE OF STUDY COMPLETION OXFORD COUNTY TRANSPORTATION MASTER PLAN (TMP) Oxford County recently completed the final draft version of the Oxford County Transportation Master Plan (TMP) and is seeking input from members of the public, stakeholders, municipal and agency staff and other interested parties/groups. The Oxford County TMP is a strategic planning document that outlines and defines the policies, programs and infrastructure modifications needed to manage both existing and anticipated transportation demands to the year 2038 and beyond. Building on the directions articulated in several key County policy and Plan documents, the TMP establishes the goals, strategies and initiatives necessary to achieve the municipality's future transportation vision. The TMP integrates municipal transportation planning with environmental assessment objectives and land use planning, ultimately providing for a multi-modal transportation system that is sustainable, integrated and accessible. The TMP has been prepared to document the planning and decision-making process undertaken for this study. Key recommendations of the TMP were presented to Council on April 24, 2019 and approved, pending the 30-day public review period that commence with issuance of the attached Notice of Completion. Please review the draft available at local area municipal offices, the Oxford County Administration Building, and on Speak Up, Oxford! (http://www.oxfordcounty.ca/Your- Government/Speak-up-oxford). Please provide all written comments to Oxford County by June 17, 2019. Yours Truly, Frank Gross, C.Tech Manager of Transportation & Waste Management Services Committed to 100%RE I Zero Waste I Zero Poverty PUBLIC NOTICE NOTICE OF COMPLETION Oxford County Transportation Master Plan The Study The Completion Oxford County has completed the Oxford County The TMP has been prepared to document the Transportation Master Plan (TMP), a strategic planning and decision-making process undertaken planning document that outlines and defines the for this study. Key recommendations of the TMP policies, programs and infrastructure modifications were approved by County Council on April 24, 2019 needed to manage both existing and anticipated along with support to issue this Notice and to transportation demands to the year 2038 and commence the 30-day public review period. beyond. The Oxford County TMP is available for review at Building on the directions articulated in several key local area municipal offices, the Oxford County County policy and planning documents, the TMP Administration Building, and on Speak Up, Oxford! establishes the goals, strategies and initiatives at www.oxfordcounty.ca/speakup. Further questions necessary to achieve the municipality's future or comments can be directed to: transportation vision. The TMP integrates municipal transportation planning with environmental Frank Gross, C. Tech. assessment objectives and land use planning, Manager, Transportation &Waste Services ultimately providing for a multi-modal transportation Oxford County system that is sustainable, integrated and 21 Reeve Street, PO Box 1614 accessible. Woodstock, ON N4S 7Y3 519-539-9800 ext. 3120 1 1-800-755-0394 The Process fgross@oxfordcounty.ca The Oxford County TMP was conducted in Stew Elkins, BES, MITE accordance with the master planning process Vice-President and CRO following the requirements of Phases 1 and 2 of Paradigm Transportation Solutions Limited the Municipal Class Environmental Assessment 5A-150 Pinebush Road (October 2000, as amended in 2007, 2011 and Cambridge, ON Ni R 8J8 2015), which is an approved process under the 905-381-2229 ext. 300 Ontario Environmental Assessment Act. The TMP selkins@ptsl.com addresses need and justification at a broad level and recommended infrastructure projects will Please provide all written comments to Oxford require further detailed studies as per the Municipal County by June 17, 2019. Class Environmental process. We extend our thanks to those in Oxford County communities who participated in the Transportation Master Plan project. Information is collected in accordance with the Municipal Oxford Co u n t y Freedom of Information and Protection of Privacy Act. With the exception of personal information, all comments become part of the public record. Growing stronger together This Notice first issued May 15, 2019. oxfordcounty.ca 0 E1ginCounty May 13, 2019 To: Municipal Clerks—County of Elgin Re: Notice to Destroy Weeds—2019 Once a year, municipalities are requested to publish in the local media a notice to destroy weeds. The notice must inform residents that noxious weeds are to be destroyed. All complaints received by your office regarding noxious weeds are to be referred to myself at 519-631-1270 ext. 231. Cost sharing these notices between municipalities is acceptable. The Weed Control Act R.S.O. 1990, Chapter W.5 is primarily concerned with the control of noxious weeds that interfere with lands used for agricultural and horticultural industries. The intent of the Weed Control Act is: 1. To reduce the infestation of noxious weeds that impact on the industries of agriculture and horticulture; 2. To reduce plant diseases by eliminating plant disease hosts such as common barberry and European buckthorn; 3. To reduce health hazards to livestock caused by poisonous plants; The Weed Control Act is not to be used for property standards issues. If you or your council have any concerns regarding this, I would be happy to attend your next scheduled council meeting. Please include in your media notice that all weeds must be destroyed by June 15,2019. You can refer to the attached example for reference. If possible, try to utilize your municipal crest with these notices. Ads should run as soon as possible. You should also consider posting this notice on your municipal website as well. Please refer to the attached Schedule for a current list of noxious weeds in Ontario. If there are concerns in your municipality with any of the weeds on the Ontario Noxious Weed list, I can be available to provide positive identification and to provide control advice for your ratepayers. County of Elgin Administrative Services 450 Sunset Drive St.Thomas.Oh! N5R 5V1 Phone:519.631.1460 www.elgincounty.ca Progressive by Nature -2 - I look forward to working with each municipality over the coming months. If you have any questions or concerns, feel free to contact me at any time. Yours truly, ff, Jiff awrence Elgin County Weed Inspector Tel.: (519)631-1270 ext. 231 Fax: (519) 631-5026 Email:jeff_,kettlecreekconservation.on.ca SCHEDULE OF NOXIOUS WEEDS M 1 COMMON NAME SCIENTIFIC NAME ' I 1 ! Barberry, common € Berberis vulgaris L. 2 Bedstraw, smooth ;L Galium mollugo L. r---1 I Buckthorn European Rhamnus cathartica L. r4-1 Chervil,wild LAnthriscus sylvestris(L.)Hoffman 5 flroot Tussilago farfara L. � 6 Crupina, common Crupina vulgaris Cass. 7 1 Cupgrass,woolly Eriochloa villosa(Thunb.) Kunth 8 1 Dodder spp. Cuscuta spp. 9 1 Dog strangling vine Vincetoxicum rossicum (Kleopow) Barbar. 10 I Dog strangling vine,black 1 Vincetoxicum nigrum(L.) Moench . . ......... 11Goatgrass,jointed Aegilops cylindrical Host 12 Hogweed,Giant Hera cleum,mantegazzianum Sommier&Levier 13 ; Knapweed spp. Centaurea spp. 14 I Kudzu Pueraria montana(Lour.)Merr. m 15 I Parsnip, Wild [Pastinaca sativa L. 16 ' Poison-hemlock Conium maculatum L. 17 , Poison-ivy I Toxicodendron radicans (L.) Kuntze 1 18 I Ragweed spp. Ambrosia spp. 19 I Ragwort,tansy Senecio jacobaea L. 20 I Sow-thistle spp. Sonchus spp. [21-- Spurge,Cypress Euphorbia cyparissias L. 22 Spurge, leafy EEuphoraesulaL. 23 1 Thistle, bull Cirsium vulgare (Savi) Tenore 24 1 Thistle,Canada Cirsium arvense (L.) Scopoli 25 I Tussock, serrated Nassella trichotoma Hackel ex Arech. Township/Municipality of Notice to Residents and Property Owners Regarding Noxious Weeds NOTICE is hereby given to all persons in possession of any land or a lot in a registered plan of subdivision or on any lot not exceeding ten acres, in accordance with the Weed Control Act, Statutes of Ontario, 1990, Chapter W.5, Section 3, 13, 16, 18 and 23, that unless noxious weeds growing on their lands within the municipalities listed below are destroyed by June 15, 2019 and throughout the season, the municipality may then enter upon the said lands and have the weeds destroyed, charging the costs against the land as set out in the Act. The main purpose of the Weed Control Act, R.S.O. 1990, is to reduce the impact of noxious weeds on the industries of agriculture and horticulture. Primarily this act applies to agricultural and horticultural lands that generate income or other benefits to agriculture; this excludes lawns, gardens and private areas for personal enjoyment and leisure. Under the Weed Control Act, R.S.O. 1990, Chapter W.5 Section 3, 16 and 23 that you are requested to destroy all noxious weeds on your property. In Urban Areas Section 3, 13, 16 and 18 do not apply to noxious weeds or weed seeds that are far enough away from any land used for agricultural or horticultural purposes, as they do not interfere with that use. All properties within the Municipality (Township) of are hereby requested to be in compliance with the Weed Control Act, R.S.O. 1990 by the 15th day of June 2019 and throughout the growing season. THE COOPERATION OF ALL CITIZENS IS EARNESTLY SOLICITED Municipal Clerk Jeff Lawrence, Weed Inspector 519-631-1270 SCHEDULE OF NOXIOUS WEEDS ITEM COMMON NAME SCIENTIFIC NAME 1 Barberry,common Berberis vulgaris L. 2 Bedstraw, smooth Galium mollugo L. 3 Buckthorn,European Rhamnus cathartica L. 4 Chervil,wild Anthriscus sylvestris(L.)Hoffman 5 Coltsfoot Tussilago farfara L. 6 Crupina,common Crupina vulgaris Cass. 7 Cupgrass,woolly Eriochloa villosa(Thunb.)Kunth 8 Dodder spp. L Cuscuta spp. 9 Dog-strangling vine Vincetoxicum rossicum(Kleopow)Barbar. 10 Dog-strangling vine,black - Vincetoxicum nigrum (L.)Moench 11 Goatgrass,jointed [ egiiops cylindrical Host 12 Hogweed,Giant Heracleum,mantegazzianum Sommier&Levier 13 Knapweed spp. Centaurea spp. _i 14 Kudzu Pueraria montana(Lour.)Men. 15 Parsnip,Wild Pastinaca sativa L. 16 Poison-hemlock Conium maculatum L. 17 Poison-ivy Toxicodendron radicans (L)Kuntze 18 Ragweed spp. Ambrosia spp. 19 Ragwort,tansy Senecio jacobaea L. 20 Sow-thistle spp. Sonchus spp. 21 Spurge,Cypress Euphorbia cyparissias L. 22 Spurge,leafy Euphorbia esula L. 23 Thistle,bull Cirsium vulgare(Savi)Tenore 24 Thistle, Canada Cirsium arvense(L.)Scopoli 25 Tussock, serrated Nassella trichotoma Hackel ex Arech. Township/Municipality of Notice to Residents and Property Owners Regarding Noxious Weeds NOTICE is hereby given to all persons in possession of any land or a lot in a registered plan of subdivision or on any lot not exceeding ten acres, in accordance with the Weed Control Act, Statutes of Ontario, 1990, Chapter W.5, Section 3, 13, 16, 18 and 23, that unless noxious weeds growing on their lands within the municipalities listed below are destroyed by June 15, 2019 and throughout the season, the municipality may then enter upon the said lands and have the weeds destroyed, charging the costs against the land as set out in the Act. The main purpose of the Weed Control Act, R.S.O. 1990, is to reduce the impact of noxious weeds on the industries of agriculture and horticulture. Primarily this act applies to agricultural and horticultural lands that generate income or other benefits to agriculture; this excludes lawns, gardens and private areas for personal enjoyment and leisure. Under the Weed Control Act, R.S.O. 1990, Chapter W.5 Section 3, 16 and 23 that you are requested to destroy all noxious weeds on your property. In Urban Areas Section 3, 13, 16 and 18 do not apply to noxious weeds or weed seeds that are far enough away from any land used for agricultural or horticultural purposes, as they do not interfere with that use. All properties within the Municipality (Township) of are hereby requested to be in compliance with the Weed Control Act, R.S.O. 1990 by the 15th day of June 2019 and throughout the growing season. THE COOPERATION OF ALL CITIZENS IS EARNESTLY SOLICITED Municipal Clerk Jeff Lawrence, Weed Inspector 519-631-1270 ///C Page9 E1 1 Ounty 1 May 21, 2019 Progressive byNature ELGIN COUNTY COUNCIL MINUTES May 21,2019 Council Present: Warden Duncan McPhail Deputy Warden Grant Jones Councillor Bob Purcell Councillor Sally Martyn Councillor Tom Marks Councillor Mary French Councillor Dave Mennill Councillor Dominique Giguere Councillor Ed Ketchabaw Staff Present: Julie Gonyou, Chief Administrative Officer Rob Bryce, Director of Human Resources Jim Bundschuh, Director of Financial Services Brian Lima, Director of Engineering Services Brian Masschaele, Director of Community and Cultural Services Michele Harris, Director of Homes and Seniors Services Steve Gibson, County Solicitor Alan Smith, General Manager of Economic Development Jenna Fentie, Legislative Services Coordinator Leesa Shanley, POA Supervisor(report only) Mike Hoogstra, Purchasing Coordinator(report only) Jennifer Ford, Senior Financial Analyst(report only) 1. CALL TO ORDER Elgin County Council met this 21st day of May, 2019 in the Council Chambers, at the County Administration Building, St.Thomas at 9:00 a.m.with Warden McPhail in the chair. 2. ADOPTION OF MINUTES Moved by: Councillor Mennill Seconded by: Councillor Marks Resolved that the minutes of the meeting held on May 7, 2019 be adopted. - Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 Moved by: Councillor Purcell Seconded by: Councillor Martyn Resolved that the agenda be amended to include a brief presentation in regard to National Paramedic Week from Mac Gilpin, Managing Director/General Manager of Medavie EMS. - Motion Carried. 4.2 Retirement Recognition: Irene Kydd, PSW Warden McPhail presented a certificate of retirement to Irene Kydd for 15 years of service as a Personal Support Worker at Bobier Villa. He thanked her for many years of dedicated service. Page 2 May 21, 2019 4.2 Canadian Association of Municipal Administrators Long Service Award— Alan Smith, General Manager of Economic Development Warden McPhail presented Alan Smith, General Manager of Economic Development with a long service award from the Canadian Association of Municipal Administrators for his twenty years of municipal service in a management role. 4.3 Medavie Emergency Medical Services Mac Gilpin, Managing Director/General Manager for Medavie EMS, informed Council that National Paramedic Services week is May 26—June 1,2019 and that the Medavie EMS Elgin Paramedic Awards and Recognition Ceremony will be taking place on May 29, 2019 at 7:30 p.m. at the St.Anne's Centre in St. Thomas. Warden McPhail requested a motion to declare May 26—June 1, 2019 "Paramedic Services Week"to recognize the great work of paramedics across Canada. Moved by: Councillor Marks Seconded by: Councillor Jones Resolved that the week of May 26-June 1, 2019 be declared as"Paramedic Services Week". - Motion Carried. 4.4 Excellence In Resident Centred Care(ERCC) Ashley Temple, Resident Care Coordinator, and Dave MacPherson, Manager of Resident Care provided a presentation outlining the Excellence in Resident Centred Care training program for Personal Support Workers in Long-Term Care Homes. Moved by: Councillor Ketchabaw Seconded by: Councillor Martyn Resolved that the presentation titled"Excellence in Resident Centered Care (ERCC)"from the Resident Care Coordinator and Manager of Resident Care be received and filed. - Motion Carried. 4.5 RNAO LTC—BPSO Program Terri Benwell, Administrator for Bobier Villa and Elgin Manor, and Michele Harris, Director of Homes and Seniors Services provided a presentation highlighting how the Registered Nurses Association of Ontario's Best Practice Spotlight Organization goals and guidelines will be implemented in County of Elgin Long- Term Care Homes. Moved by: Councillor Marks Seconded by: Councillor Purcell Resolved that the presentation titled "RNAO LTC-BPSO Program"from the Administrator for Bobier Villa and Elgin Manor and the Director of Homes and Seniors Services be received and filed. - Motion Carried. Page 3 May 21, 2019 4.6 Healthy Communities Partnership—Elgin County Trails Study Jessica Lang, Health Promotor for Southwestern Public Health, and Patricia Cornell,Vice Chair, Healthy Communities Partnership provided a presentation on the Elgin County Trails Study outlining key recommendations provided in the final report. Moved by: Councillor Purcell Seconded by: Councillor Jones WHEREAS Elgin County Council supports trail development as part of an integrated approach to promoting healthy communities,tourism and local economic development; therefore be it resolved that County Council continue to support the work of the Healthy Communities Partnership and the work of our local municipal partners;and that County Council consider this initiative as part of Council's strategic planning process in September 2019; and that County Council continue to explore potential opportunities for trails in Elgin County on a case-by- case basis and consider trail development within our policies when possible; and that the report be received. - Motion Carried. Council recessed at 10:07 a.m.and reconvened at 10:19 a.m. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Giguere Seconded by: Councillor French Resolved that we do now move into Committee of the Whole Council. - Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Terrace Lodge Building May Update — Councillor Purcell, Terrace Lodge Steering Committee Chair Councillor Purcell presented the report updating Council on the progress of the Terrace Lodge building project. Moved by: Councillor Purcell Seconded by: Councillor Martyn Resolved that the report titled "Terrace Lodge Building May Update"from the Terrace Lodge Steering Committee Chair dated May 13, 2019 be received and filed; and that staff be directed to prepare a report in regard to considering options related to the provision of child care services at Terrace Lodge. - Motion Carried. 6.2 Furniture for POA Courthouse—Provincial Offences Supervisor The Provincial Offences Supervisor presented the report seeking Council's approval to award the contract to Staples Business Advantage for the supply, delivery, and installation of administrative area furniture for the new POA Courthouse. Moved by: Councillor Mennill Seconded by: Councillor Jones Page 4 May 21, 2019 Resolved that the contract for the supply, delivery and installation of furniture for the POA Courthouse be awarded to Staples Business Advantage in the amount of $67,585.00 exclusive of H.S.T.; and that the Warden and Chief Administrative Officer be authorized to sign the contract. - Motion Carried. 6.3 Quarterly Information Report—Contract Awards January 1,2019 to March 31,2019—Purchasing Coordinator The Purchasing Coordinator presented the report detailing the contracts awarded over$15,000 from January 1, 2019 to March 31, 2019. Moved by: Councillor French Seconded by: Councillor Giguere Resolved that the report titled "Quarterly Information Report—Contract Awards January 1, 2019 to March 31, 2019"from the Purchasing Coordinator dated May 9, 2019 be received and filed. - Motion Carried. 6.4 2019/20 Ambulance Funding—Senior Financial Analyst The Senior Financial Analyst presented the report updating Council on the implications to funding for 2019/20 as it relates to Ambulance Services. Moved by: Councillor Ketchabaw Seconded by: Councillor Marks Resolved that the report titled"2019/20 Ambulance Funding"from the Senior Financial Analyst dated May 15, 2019 be received and filed. - Motion Carried. 6.5 Elgin Manor Wastewater Treatment Plant Train#1 Rehabilitation—Director of Engineering Services The Director of Engineering Services presented the report seeking approval to award the contract to Dielco Industrial Contractors Ltd.to complete the Elgin Manor Wastewater Treatment Plant Train#1 Rehabilitation project and recommends bringing forward $85,000 from the 2021 capital budget in order to complete the project. Moved by: Councillor Ketchabaw Seconded by: Councillor Mennill Resolved that the Elgin Manor Wastewater Treatment Plant Train#1 Rehabilitation Project be completed by Dielco Industrial Contractors Ltd. in the amount of$73,900 plus H.S.T as detailed in their quotation dated April 11, 2019; and that$85,000 identified in year 2021 of the approved 10-Year Capital Budget be brought forward to fund the required Elgin Manor Wastewater Treatment Plant #1 Rehabilitation Project. - Motion Carried. 6.6 Traffic Impact Study Funding Contribution—Director of Engineering Services The Director of Engineering Services presented the report outlining a consistent approach, procedures, and parameters with which the County will consider undertaking shared traffic impact studies with Elgin partner municipalities. Page 5 May 21, 2019 Moved by: Councillor Mennill Seconded by: Councillor Martyn Resolved that the report titled"Traffic Impact Study Funding Contribution"from the Director of Engineering Services dated May 21, 2019 be received and filed; and that the Elgin partner municipalities may request an equal funding partnership of locally initiated Traffic Impact Studies, so long as County staff determines value in the study's anticipated findings and that the study scope is jointly prepared. - Motion Carried. 6.7 Provincial Health System Transformation Update—Chief Administrative Officer The Chief Administrative Officer presented the report providing background on the transformation of health services in Ontario and outlining the progress made by local health care providers in an Elgin County Ontario Health Team application. Moved by: Councillor Purcell Seconded by: Councillor Jones Resolved that the report titled "Provincial Health System Transformation Update" from the Chief Administrative Officer dated May 15,2019 be received and filed. - Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 1. Larry Martin, Board of Health Chair, Southwestern Public Health with an update regarding the recent announcement concerning the provincial government's plan to modernize public health. Moved by: Councillor Ketchabaw Seconded by: Councillor Marks Resolved that the Warden and Chief Administrative Officer be directed to organize and attend a preliminary planning meeting with the City of London, County of Middlesex, City of St.Thomas, and County of Elgin to discuss changes to health services in Ontario; and that correspondence item#1 from the Board of Health Chair, Southwestern Public Health be received. - Motion Carried. 2. Rick Kester, President, Ontario Good Roads Association (OGRA)with a letter regarding combining annual conferences with the Rural Ontario Municipal Association (ROMA). Moved by: Councillor Martyn Seconded by: Councillor French Resolved that correspondence item#2 from the President of the Ontario Good Roads Association be received. - Motion Carried. 7.2 Items for Information 1. Larry Martin, Chair, Southwestern Public Health,with an update regarding Elgin's request for the return of surplus funds. 2. Southwestern Public Health's Population Health Assessment Report. 3. Long Point Region Conservation Authority 2018 Audited Financial Statements. Page 6 May 21, 2019 4. Long Point Region Conservation Authority 2018 Annual Report. 5. Four Counties Health Services Foundation with an invitation to attend the Grand Re-Opening of the Endoscopy Suite. 6. Jeff Yurek, MPP,with a letter acknowledging receipt of Elgin's request for the addition of a Long-Term Care Admissions Category prioritizing municipal residents. 7. Notice of Port Burwell Library Temporary Closure. 8. St.Thomas&District Chamber of Commerce with an invitation to attend the MP&MPP Luncheon on June 26, 2019. Moved by: Councillor Purcell Seconded by: Councillor Giguere Resolved that Correspondence items#1-8 be received and filed. - Motion Carried. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.1.1 Councillor Jones expressed concerns that the draft Natural Heritage Systems Study currently under review by a Steering Committee was released to members of the public prior to County Council's review.Warden McPhail noted that public consultation on the Natural Heritage Systems Study will take place once the document has been reviewed by the Steering Committee pursuant to the County's statutory obligations under the Planning Act as part of County Council's review of the Official Plan. 8.1.2 Councillor Marks inquired about whether the Elgin Group Police Services Board had been notified of the break and enters occurring in the Lynhurst area. Councillor Martyn, Chair of the Elgin Group PSB, informed the Detachment Commander and members of the PSB at their meeting on May 7, 2019. 8.2 Notice of Motion None. 8.3 Matters of Urgency 8.3.1 Warden McPhail requested a verbal update from the Director of Engineering Services on the structural issues with the road base on Chatham Street in the Municipality of Bayham and the need for reconstruction. Moved by: Councillor Martyn Seconded by: Councillor Marks Resolved that the Director of Engineering Services be directed to prepare a report with recommendations regarding road status reconstruction and options. - Motion Carried. Council recessed at 11:09 a.m. and reconvened at 11:23 a.m. 9. CLOSED MEETING ITEMS Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239(2): Page 7 May 21, 2019 In-Camera Item#1 (b)personal matters about an identifiable individual, including municipal or local board employees—Organizational Update In-Camera Item#2 (b)personal matters about an identifiable individual, including municipal or local board employees—VERBAL In-Camera Item#3 (c)a proposed or pending acquisition or disposition of land by the municipality or local board;(k)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—VERBAL In-Camera Item#4 (Additional Item) (k)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-VERBAL - Motion Carried. 10. RECESS None. 11. MOTION TO RISE AND REPORT Moved by: Councillor Marks Seconded by: Councillor Ketchabaw Resolved that we do now rise and report. - Motion Carried. In-Camera Item# 1 —Organizational Update Moved by: Councillor Mennill Seconded by: Councillor Giguere Resolved that staff proceed as directed. - Motion Carried. In-Camera Item#2 Moved by: Councillor Jones Seconded by: Councillor Marks Resolved that staff proceed as directed. - Motion Carried. In-Camera Item#3 Moved by: Councillor Purcell Seconded by: Councillor Martyn Resolved that staff proceed as directed. - Motion Carried. Page 8 May 21, 2019 In Camera Item#4 Moved by: Councillor Marks Seconded by: Councillor Giguere Resolved that the verbal report from Councillor Purcell be received. - Motion Carried. 12. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Martyn Seconded by: Councillor Purcell Resolved that we do now adopt recommendations of the Committee Of The Whole. - Motion Carried. 13. CONSIDERATION OF BY-LAWS 13.1 By-law 19-17—Amendment to No-Parking By-law To Amend the Schedule to By-law No. 16-11 Being a By-law for the Regulation of Traffic. Moved by: Councillor Jones Seconded by: Councillor Giguere Resolved that By-Law No. 19-17 be now read a first,second and third time and finally passed. - Motion Carried. 13.2 By-law 19-18—Amendment to Community Safety Zone By-law Being a By-law to Amend By-law No. 17-12 Designating Community Safety Zones on County Roads. Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that By-law No. 19-18 be now read a first,second and third time and finally passed. - Motion Carried. 13.3 By-law 19-19—Amendment to Speed Zone By-law To Amend the Schedule to By-law No. 17-11 Being a By-law to Authorize Speed Limits. Moved by: Councillor Marlyn Seconded by: Councillor Ketchabaw Resolved that By-law No. 19-19 be now read a first,second and third time and finally passed. - Motion Carried. Page 9 May 21, 2019 13.4 By-law 19-20—Confirming All Actions and Proceedings BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 21,2019 Meeting. Moved by: Councillor Giguere Seconded by: Councillor Marks Resolved that By-law No. 19-20 be now read a first,second and third time and finally passed. - Motion Carried. 14. ADJOURNMENT Moved by: Councillor Marks Seconded by: Councillor Jones Resolved that we do now adjourn at 12:25 p.m.to meet again on June 11, 2019 at the County Administration Building Council Chambers at 9:00 a.m. - Motion Carried. Julie Gonyou, Duncan McPhail, Chief Administrative Officer. Warden. r Wi ELGIN GROUP POLICE SERVICES BOARD Chair Sally Martyn Tel . 519-631 -1460 450 Sunset Drive St. Thomas, ON N5R 5V1 Municipality of Bayham I Municipality of Central Elgin I Municipality of Dutton Dunwich Municipality of West Elgin I Township of Malahide I Township of Southwold May 20, 2019 Hon. Jeff Yurek MPP, Minister of Transportation Suite 201 750 Talbot Street, St. Thomas, ON N5P 1E2 Dear Minister Yurek, Re: Increased Speed Limits on 400 Series Highways On behalf of the Elgin Group Police Services Board, I am writing to share our Board's concerns in regard to the increased speed limits pilot project on the 400 series highways recently announced by the Ministry of Transportation as part of the Get Ontario Moving Act. Public safety is our group's main priority and we are concerned that driving faster on the 400 series highways presents serious safety problems. The 400 series highways are the busiest highways in Canada. As you are in the process of examining speed limits on some of your main highways and undertake a review of the pilot projects associated with this initiative, we ask that your Ministry give careful consideration to the following: • While the roads may be designed to handle traffic at higher speed limits, we fear an increased posted speed limit will result in an increase in serious collisions. Traffic studies indicate that speeding increases the likelihood and severity of a collision and the results are not forgiving. This was the unfortunate result in several instances following a study of the increase in posted speed limits on British Columbia's highways in 2014. • Studies also indicate that fatality rates increase at speeds greater than 100 km/hr. A contributing factor to such serious collisions is limited reaction time when it comes to hazards thereby reducing the reaction time for others on the highway. • Many motorists automatically travel faster than the posted speed limits and we are concerned that there is an increased tendency for speed to increase with increased posted limits. • We recommend that an evaluation of penalties associated with infractions on the 400 series highways must be considered as well, consideration must be given to the regulated speeds for semi-trucks on the highways. • There is a need to consult with enforcement agencies and Police Services Boards. Elgin Police Services Board is keenly interested in participating in the consultation process. • Enhanced enforcement will be required to monitor highways, yet the budget for Ontario Provincial Police has been cut. While we understand your motivations, we strongly encourage you to undertake a careful, evidence-based review of the pilot initiatives and ask that you give careful consideration to our Board's concerns. Yours very truly, Sally Martyn, Chair Elgin Group Police Services Board cc. Elgin County Municipalities Elgin County Council Zone 6 Police Services Boards Elgin OPP Detachment ,y,--....4.1.s. -- ------ . Township of The Archipelago 9 James Street, Parry Sound ON P2A 1T4 ti Tel: 705-746-4243/Fax: 705-746-7301 �, www.thearchipelago.on.ca .4, `1 RC H l t '.- ,- cORp°RA"`° May 17, 2019 19-078 Moved by Councillor Ashley Seconded by Councillor Frost RE: Bill 108, the More Homes, More Choice Act, 2019 WHEREAS, the Government of Ontario has introduced Bill 108, The More Homes, More Choice Act, which amends 13 different Acts with the stated objective of stimulating the supply of housing in the Province of Ontario; AND WHEREAS, Schedule 9 of the proposed legislation would amend the Local Planning Appeal Tribunal Act, reverting many of the practices and procedures of the tribunal to those of the former Ontario Municipal Board, thereby allowing an un-elected, unaccountable body to make important planning decision for our community; AND WHEREAS, Schedule 12 of the proposed legislation would make multiple amendments to the Planning Act and, specifically, would reduce the timelines for making decision related to official plans, zoning by-laws and plans of subdivision, further impeding a municipalities ability to make important planning decision at the local level and reducing appeals to the Local Planning Appeals Tribunal; AND WHEREAS, Schedule 5 of the proposed legislation would amend the Endangered Species Act, thereby establishing a Species at Risk Conservation Fund, enabling a charge in lieu of meeting requirements to adequately protect species at risk and their habitat; AND WHEREAS the government of Ontario has not adequately consulted with the municipalities with respect to this proposed legislation, and; NOW THEREFORE BE IT RESOLVED that Council for the Township of The Archipelago opposes Schedules 9, 12, and 5 of the proposed legislation highlighted above, as they will have a negative impact on our community and therefore call for their removal from the Bill; AND NOW THEREFORE FURTHER BE IT RESOLVED that Council for the Township of The Archipelago request the Government of Ontario to halt the legislation and properly engage and consult with Municipalities before further considering the proposed legislation. 1 BE IT FURTHER RESOLVED that a copy of this resolution be sent to The Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Andrea Horwath, Leader of the New Democratic Party, Norm Miller, Parry Sound Muskoka MPP, Association of Municipalities of Ontario, and all Ontario Municipalities. Carried. 2 Legislative Services Michael de Rond ' ►., 905-726-4771 AT TIORA clerks@aurora.ca �J Town of Aurora yocire£Jt o cGCoiat(arcicy 100 John West Way, Box 1000 Aurora, ON L4G 6J1 May 15, 2019 Delivered by email doug.ford@pc.ola.org The Honourable Doug Ford Premier of Ontario Premier's Office, Room 281 Legislative Building, Queen's Park Toronto, ON M7A 1A1 Dear Premier Ford: Re: Town of Aurora Council Resolution of Tuesday, May 14, 2019 Re: Motion (a) Mayor Mrakas; Re: Response to Bill 108, the More Homes, More Choice Act Please be advised that this matter was considered by Council at its meeting held on Tuesday, May 14, 2019, and in this regard Council adopted the following resolution: Whereas the legislation that abolished the Ontario Municipal Board (OMB) and replaced it with the Local Planning Appeal Tribunal (LPAT) received unanimous, all-party support; and Whereas all parties recognized that local governments should have the authority to uphold their provincially-approved Official Plans, to uphold their community-driven planning; and Whereas Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; and Whereas on August 21, 2018, Minister Clark once again signed the Memorandum of Understanding (MOU) with the Association of Municipalities of Ontario and entered into "...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government."; and Whereas this MOU is "enshrined in law as part of the Municipal Act" and recognizes that as "...public policy issues are complex and thus require Re: Town of Aurora Motion (a) Response to Bill 108, the More Homes, More Choice Act May 15, 2019 Page 2 of 3 coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest"; and Whereas by signing this agreement, the Province made "...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact"; and Whereas Bill 108 will impact 15 different Acts: Cannabis Control Act, 2017; Conservation Authorities Act; Development Charges Act; Education Act; Endangered Species Act, 2007; Environmental Assessment Act; Environmental Protection Act; Labour Relations Act, 1995; Local Planning Appeal Tribunal Act, 2017; Municipal Act, 2001; Occupational Health and Safety Act; Ontario Heritage Act; Ontario Water Resources Act; Planning Act; and Workplace Safety and Insurance Act, 1997; 1. Now Therefore Be it Hereby Resolved That the Town of Aurora oppose Bill 108, which in its current state will have negative consequences on community building and proper planning; and 2. Be It Further Resolved That the Town of Aurora call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision-making for housing growth that meets local needs will be reasonably achieved; and 3. Be It Further Resolved That a copy of this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and 4. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. The above is for your consideration and any attention deemed necessary. Re: Town of Aurora Motion (a) Response to Bill 108, the More Homes, More Choice Act May 15, 2019 Page 3 of 3 Yours sincerely, M(chae a Rond Town Clerk The Corporation of the Town of Aurora MdR/Ib Copy: Hon. Christine Elliott, Deputy Premier Hon. Steve Clark, Minister of Municipal Affairs and Housing Andrea Horwath, Leader of the New Democratic Party All MPPs in the Province of Ontario Association of Municipalities of Ontario All Ontario Municipalities Grey County Clerk's Department 595 9th Avenue East, Owen Sound Ontario N4K 3E3 519-372-0219 / 1-800-567-GREY / Fax: 519-376-8998 May 28, 2019 Honourable Doug Ford, Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 VIA EMAIL Dear Honourable Sir: At the May 23, 2019 session of Grey County Committee of the Whole, resolution CW116-19 was adopted as follows: That the Town of Aurora correspondence dated May 14, 2019 regarding Bill 108 be supported as follows: WHEREAS the legislation that abolished the OMB and replaced it with LPAT received unanimous —all party support; and WHEREAS all parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; and WHEREAS Bill 108 will once again allow an unelected, unaccountable body make decisions on how our communities evolve and grow; and WHEREAS on August 21, 2018 Minister Clark once again signed the MOU with the Association of Municipalities of Ontario and entered into "...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government."; and WHEREAS this MOU is "enshrined in law as part of the Municipal Act". And recognizes that as "...public policy issues are complex and thus require coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest"; and WHEREAS by signing this agreement, the Province made "...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact"; and Grey County: Colour It Your Way Page 2 May 28, 2019 WHEREAS Bill 108 will impact 15 different Acts -Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997. Now Therefore Be it Hereby Resolved That Grey County oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; and Be it further resolved that Grey County call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; and Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. Yours truly Jacq ely Morrison Depu lerk/ Legislative Coordinator (519) 372-0219 x 1294 iacq uelyn.morrison@g rey.ca www.grey.ca cc. Mayor Tom Mrakas, Town of Aurora Hon. Christine Elliott, Deputy Premier of Ontario Hon. Steve Clark, Minister of Municipal Affairs Hon. Andrea Horwath, Leader of the New Democratic Party MPPs in the Province of Ontario Association of Municipalities of Ontario Ontario Municipalities Grey County: Colour It Your Way TOWN OF I* HALTON HILLS Working Together Working for You! May 28, 2019 The Honourable Doug Ford, Premier of Ontario Legislative Building Queen's Park Toronto, ON M7A 1A1 SENT VIA EMAIL Dear Premier Ford; Re: Resolution regarding Bill 108 Please be advised that Council for the Town of Halton Hills at its meeting of Monday, May 27, 2019, adopted the following Resolution: Resolution No. 2019-0102 WHEREAS the legislation that abolished the Ontario Municipal Board (OMB) and replaced it with the Local Planning Appeal Tribunal (LPAT) received unanimous —all party support; AND WHEREAS all parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; AND WHEREAS Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; AND WHEREAS on August 21, 2018 Minister Clark once again signed the Memorandum of Understanding (MOU) with the Association of Municipalities of Ontario, which recognizes that "Public policy issues are complex and thus require coordinated responses..." and that "The Municipal Act, 2001 provides that the Province of Ontario endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest"; AND WHEREAS the MOU sets out that "Ontario is committed to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact"; AND WHEREAS Bill 108 will impacts 15 different Acts — Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997. 1 Halton Hills Drive, Halton Hills, Ontario L7G 5G2 Tel: 905-873-2601 Toll Free: 1-877-712-2205 Fax: 905-873-2347 Web: www.haltonhills.ca NOW THEREFORE BE IT RESOLVED THAT The Town of Halton Hills oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; AND FURTHER THAT The Town of Halton Hills call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; AND FURTHER THAT a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the Ontario New Democratic Party, the Honourable John Fraser, Leader of the Ontario Liberal Party, the Honourable Mike Schreiner, Leader of the Green Party of Ontario and all MPPs in the Province of Ontario; AND FURTHER THAT a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. CARRIED Enclosed for your information is a copy of Resolution No. 2019-0102. If you have any questions, please contact Suzanne Jones, Town Clerk for the Town of Halton Hills at 905-873-2601 ext. 2331 or suzannej@haltonhills.ca. Yours truly, R•nee Brown Deputy Clerk — Legislation & Elections :enclosure c. The Honourable Christine Elliott, Deputy Premier The Honourable Steve Clark, Minister of Municipal Affairs The Honourable Andrea Horwath, Leader of the New Democratic Party The Honourable John Fraser, Leader of the Ontario Liberal Party The Honourable Mike Schreiner, Leader of the Green Party All MPP's in the Province of Ontario Association of Municipalities of Ontario (AMO) All Ontario Municipalities erlitTOWN OF '6001111 HALTON HILLS IWorking Together Working for You! THE CORPORATION OF THE TOWN OF HALTON HILLS Moved by: t-�, ,� -VLei Date: May 27, 2019 .7r Councillor J. Fo`� I Seconded by: _ Resolution No.: 201°1- 0101 Councillor C. Somerville 15.1 WHEREAS the legislation that abolished the Ontario Municipal Board (OMB) and replaced it with the Local Planning Appeal Tribunal (LPAT) received unanimous - all party support; AND WHEREAS all parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; AND WHEREAS Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; AND WHEREAS on August 21, 2018 Minister Clark once again signed the Memorandum of Understanding (MOU) with the Association of Municipalities of Ontario, which recognizes that "Public policy issues are complex and thus require coordinated responses..." and that "The Municipal Act, 2001 provides that the Province of Ontario endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest"; AND WHEREAS the MOU sets out that "Ontario is committed to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact"; AND WHEREAS Bill 108 will impacts 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997. 0 NOW THEREFORE BE IT RESOLVED THAT The Town of Halton Hills oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; AND FURTHER THAT The Town of Halton Hills call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; AND FURTHER THAT a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the Ontario New Democratic Party, the Honourable John Fraser, Leader of the Ontario Liberal Party, the Honourable Mike Schreiner, Leader of the Green Party of Ontario and all MPPs in the Province of Ontario; AND FURTHER THAT a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. 1 Mayor Rick Bonnette RKHAM May 24, 2019 The Honorable Doug Ford Premier of Ontario Room 281, Legislative Building Queen's Park, Toronto ON M7A 1A1 RE: BILL 108 Dear Premier; This will confirm that at a meeting held on May 14, 2019, the Council of the City of Markham adopted the following resolution: WHEREAS the legislation that abolished the OMB and replaced it with LPAT received unanimous—all party support; and, WHEREAS All parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; and, WHEREAS Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; and, WHEREAS the City of Markham requests that the proposed changes to the Planning Act provide greater deference than that previously afforded to local, municipal decisions on development applications,by restoring the test under the Planning Act that appeals must be on the basis that the municipal decision is not consistent with the Provincial Policy Statement, fails to conform with a provincial plan, or fails to conform with the local and regional Official Plan(s);and, WHEREAS the City of Markham requests that the tribunal framework, restore the previous ability for participants in Local Planning Appeal Tribunal hearings to provide in person evidence in a hearing; and, Page 2.../ WHEREAS, the City of Markham recognizes that proposed grouping together of a variety of community services, including parkland dedication,under community benefits charge framework and subject to a monetary cap will limit a municipality's ability to continue to provide parks, and a range of community services and facilities at a consistent and equitable level of service across the municipality, and requests that the previous Development Charge "soft services"be maintained and separated from the community benefit charge under the proposed Bill 108; and, WHEREAS On August 21, 2018 Minister Clark once again signed the MOU with the Association of Municipalities of Ontario and entered into "...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government."; and, WHEREAS this MOU is "enshrined in law as part of the Municipal Act", and recognizes that as "...public policy issues are complex and thus require coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest"; and, WHEREAS by signing this agreement, the Province made "...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact"; and, WHEREAS Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997. NOW THEREFORE BE IT RESOLVED: 1. That the City of Markham oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; and 2. That the City of Markham supports the positive changes within Bill 108 such as: 1. removing the requirement for low risk projects to undertake environmental assessments; 2. appointing more Local Planning Appeal Tribunal adjudicators to deal with appeals; 3. streamlining the planning process provided that the planning processes are streamlined at both the provincial and local levels; 4. the removal of the 10% discount for determining development charges for hard services; and, Page 3.../ 3. The City of Markham call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; and, 4. That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and further that a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. Yours sincerely, Kimberley Kitteringham City Clerk Cc: The Honourable Christine Elliott, Deputy Premier The Honourable Steve Clark, Minister of Municipal Affairs The Honourable Andrea Horwath, Leader of the New Democratic Party, All MPPs in the Province of Ontario Association of Municipalities of Ontario (AMO) and all Ontario municipalities Administration&Finance Division Operations&Facilities Division Planning&Development Division Phone:807-274-9893 Phone:807-274-5323 Fax:807-274-7360 Fax:807-274-8479 Community Services Division Mailing Address for All Divisions: Phone 807-274-4561 Civic Centre F O R T F R A N C ES Fax:807-274-3799 320 Portage Avenue Fort Frances,ON BOUNDLESS email:town@fortfrances.com P9A 3P9 www.fort-frances.com May 28, 2019 Premier Doug Ford Room 281 Legislative Building, Queen's Park Toronto, ON M7A 1A1 via e-mail doug.ford@pc.ola.org Dear Premier Ford: Re: Resolution to Oppose Funding Cuts to Ontario Library Services - North At the recent meeting of Council held on Monday, May 27, 2019, the following resolution was approved: "WHEREAS: • The Town of Fort Frances considers Public Libraries a vital service to communities across the province,particularly in smaller rural communities like Fort Frances; • Public Libraries offer much needed assistance to every demographic in our community but in particular the most vulnerable members—including children, seniors, newcomers,unemployed residents, the homeless, lower-income citizens, and individuals from other equity-seeking groups; • Ontario Library Services—North (OLS-N)provides essential services and support to all Public Libraries in the North, but in particular smaller stand-alone libraries and First Nation Libraries; • The services provided by OLS-N allow Northern Libraries—including the Fort Frances Public Library Technology Centre—to leverage the funding that they receive from their municipalities,to realize efficiencies, and offer extra services in fulfillment of their mandate; • The Ontario Government without notice, consultation, or rationale cut the budget of OLS-N by 50 percent; • This drastic budget cut will dramatically reduce the services that OLS-N are able to offer Public Libraries in Northern Ontario; • This cut will cause either a reduction in local Library services or an increase in the funding that already financially challenged municipalities must provide to maintain the same level of services by their Public Library; • This cut will disproportionately affect small Northern communities; whose size and geographic distance create challenges in the delivery of resources and programming and • This cut is a form of downloading of additional Library costs to Municipalities; NOW THEREFORE BE IT RESOLVED THAT: • The Council of the Town of Fort Frances strongly urges the Ontario Government to restore funding to OLS-N, at a minimum to the previous 2018 funding level in order for this agency to continue its day-to-day support of Northern Ontario's public libraries, and to continue to maintain the base funding for Ontario Libraries; and • This resolution be forwarded to Minister Greg Rickford, MPP for Kenora-Rainy River, Minister Michael Tibollo, Premier Doug Ford, Ontario Library Services-North, CUPE, The Association of Municipalities of Ontario, The Northern Ontario Municipal Association, The Rainy River District Municipal Association, and all Ontario Municipalities." Yours very truly, ADMINISTRATION & FINANCE DIVISION • ', r Elizabeth Slomke, Clerk /es c.c. Hon. Greg Rickford, MPP Kenora-Rainy River (greq.rickford(a�pc.ola.org) Hon. Michael Tibollo, Minister of Tourism, Culture and Sport (michael.tibollo@pc.ola.org) Ontario Library Services — North (mdonofrio Jones@olsn.ca) AMO (policv(c amo.on.ca) NOMA (admin@noma.on.ca) RRDMA (chapple(c�tbavtel.net) Fort Frances Public Library & Technology Centre All Ontario Municipalities From: sponsor@courageousk9.ca To: Brenda Gibbons Subject: Courageous Companions-Support Date: Monday,May 27,2019 10:21:17 AM Dear Brenda, Thank you for your continued interest in Courageous Companions,an extraordinary organization which provides certified service dogs to military veterans and first responders who suffer with physical and/or psychological injuries as a result of their service. Service dogs are provided at no charge,which is why Courageous Companions relies entirely on the support of individuals,service organizations and the business community. Please help by placing a sponsorship ad or message of support in our upcoming annual edition of Courageous K9 Magazine.You will be supporting the efforts of Courageous Companions in its mission to help military veterans and first responders.Our publication will be available to the public and our business and professional advertisers free of charge via mail and high profile public locations. To learn more and to see our rates and our last edition,please visit our website, www.courageousk9.ca or call 866-767-1731.Without the support of the communi! ty,this important publication would not be possible. We hope to count on your participation. Yours Truly, Mike Bennett BEGIN-ANTISPAM-VOTING-LINKS Teach Canit if this mail(ID 090hglbiV)is spam: Spam: https://emailfilteringservice.net/tuc/b.php?c=s&i=090hglbiV&m=72ba4e8331d6&rlm=bayham-on- ca&t=20190527 Fraud/Phish:https://emailfilteringservice.net/tuc/b.php?c=p&i=090hglbiV&m=72ba4e8331 d6&rlm=bayham-on- ca&t=20190527 Not spam: https://emailfilteringservice.net/tuc/b.php?c=n&i=090hglbiV&m=72ba4e8331d6&rlm=bayham-on- ca&t=20190527 Forget vote:https://emailfilteringservice.net/tuc/b.php?c=f&i=090hg1biV&m=72ba4c8331d6&rlm=bayham-on- ca&t=20190527 END-ANTISPAM-VOTING-LINKS I i); Legislative Building Queen's Park Toronto, Ontario Premier of Ontario M7A 1A1 Premier ministre Edifice de I'Assemblee legislative ®� Queen's Park Ontario de ('Ontario Toronto (Ontario) M7A 1A1 Dear Heads of Council: Our government was elected to clean up Ontario's financial nightmare that was created by 15 years of mismanagement and irresponsible actions on the part of the Liberals. The $15 billion annual deficit and $347 billion long-term debt they left to our children and grandchildren is a direct threat to critical public services the people of Ontario rely on. The interest payments on our debt alone amount to $1 billion a month, not one cent of which goes to hiring more front line-emergency workers, lowering taxes or paying down the debt. Getting Ontario back on a path to balance is essential for protecting important government services, long-term prosperity, attracting investment and creating good- paying jobs. And we also believe that every government needs to step up and do its part; there is only one taxpayer, and the job of finding savings while protecting core services rests with every elected official in Ontario. Having spent time at the city level I also understand that, with municipal budgets already set for the 2019-20 fiscal year, our partners need to have flexibility to achieve those savings. After listening to the concerns of our partners and following the advice of my Minister of Municipal Affairs and Housing, Steve Clark, our government has made the decision to maintain the in-year cost sharing adjustments for land ambulance, public health and child care services. Minister Clark has advised us to take this approach on the understanding that, as partners, Ontario's municipalities will use the additional time to work with the Government of Ontario to transform critical shared public services and find the efficiencies that will ensure their sustainability. Our commitment to provide $7.35 million, through the Audit and Accountability Fund, to help large municipalities find four cents on every dollar will support these efforts. And the $200 million we have committed to small and rural municipalities to modernize services will also play an important part in meeting these objectives. .../2 - 2 - Our government was elected to protect public services for future generations, and a big part of that is by balancing the budget in a responsible way — that was our commitment. It is reassuring for me to hear that municipalities understand the fiscal challenges we face, but more importantly they understand that we face these challenges together. I look forward to working collaboratively with you to find savings, strengthen front-line services and protect what matters most to the people of Ontario. Sincerely, The Hon. Doug Ford Premier of Ontario 11:52 AM, 05/29/2019 -*N.-YHA/4- "kik. -.1'11114W4 0 dr Ppo 011" tunity is MUNICIPALITY OF BAYHAM EMERGENCY ROAD CLOSURE Bayham Norfolk Boundary From Eden Line to Orange Hall Road Effective: Immediately Estimated Re-opening: 9:00 AM, October 30, 2020 Road will not be passable for Emergency Vehicles Reason: Baynor South Bridge Deck Failure - Structure to be replaced in 2020 For further information, contact: Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville ON NOJ 1Y0 T: 519-866-5521 F: 519-866-3884 E: pshipwaycbayham.on.ca www.bayham.on.ca _ ill -CI YELGIN GROUP POLICE SERVICES BOARD Chair Sally Martyn Tel . 519-631 -1460 450 Sunset Drive St. Thomas, ON N5R 5V1 Municipality of Bayham I Municipality of Central Elgin I Municipality of Dutton Dunwich Municipality of West Elgin I Township of Malahide I Township of Southwold May 20, 2019 Dear Elgin County Municipal Partners, Re : Community Safety and Well Being Plan for Elgin County As part of legislative changes to the Police Services Act (Bill 68) passed in March 2019, each municipality in Elgin County will be required to develop a Community Safety and Well-Being (CSWB) Plan. Plans must be prepared and adopted by January 1 , 2021 . The Province encourages the development of joint plans with neighbouring municipalities which is the reason for this correspondence. To provide you with some background information on C S WB Plans, the goal(s) of developing and implementing a CSWB Plan, as presented by the Ontario government is to : . achieve a state of being a sustainable community where everyone is safe, has a sense of belonging, access to services and where individuals and families are able to meet their needs for education, health care, food, housing, income and social and cultural expression; . ensure the right services are delivered to the right people at the right time; . recognize that complex risks to safety and well-being cannot and should not be addressed in isolation by any one organization, agency or sector; and . achieve greater coordination and collaboration on issues and situations before they escalate into a crisis. There are many legislative requirements associated with CSWB planning including the following requirements to : . establish a multi-sectoral advisory committee including representatives from, but not limited to health and mental services, education services, community/social services (adult/children/youth), custodial services to children or youth, municipal council members or municipal employees, the police services board or a detachment commander (or delegate); . conduct consultations with the advisory committee, members of the public including youth, as well as members of First Nations and community organizations that represent these groups; . identify priority risks (e.g. systemic discrimination and other social factors that contribute to crime, victimization, addiction, drug overdose and suicide) and must identify strategies to reduce the prioritized risk factors (e.g. new services, changing/coordinating existing services); and . set measurable outcomes. At the Elgin Group Police Services Board (PSB) meeting on May 7th, 2019 members were supportive of developing one ( 1 ) CSWB Plan for Elgin County and the City of St. Thomas that could be customized by each partner municipality to suit local interests. Three lead agencies were identified and recommended to lead this process including the County of Elgin, City of St. Thomas and Town of Aylmer (as the plan requires the participation of Police Chiefs). With support of Elgin County Council, the PSB recommends that the Elgin County Chief Administrative Officer, who is also the Secretary/Administrator for the Elgin Group PSB be the designated lead for Elgin County along with Administration and Police Services from the City of St. Thomas and Town of Aylmer to coordinate the work required for our community to plan and implement a CSWB Plan. This new initiative will require your Council 's participation as well as the participation of your staff and community agencies. A streamlined approach to this work will undoubtedly save your municipal staff and partner agencies time and resources. As provincial funding is not available for this project, and if partner municipalities in Elgin wish to take a collaborative approach to the CSWB Plan, the PSB is prepared to request that Elgin County Council provide financial support for Elgin County's proportionate share of any external resources required to complete the plan. Request: On behalf of your Police Services Board, I am writing to request that your Municipal Council confirm, by way of resolution, your municipality's interest in working collaboratively on a joint CSWB Plan and your support to have the County Chief Administrative Officer lead the process on behalf of the constituent municipalities represented by the PSB . We would appreciate it if you could share this information with Julie Gonyou, County Chief Administrative Officer (caoelgin.ca) by June 30, 2019 for consideration at the Police Services Board meeting on July 3 , 2019. Yours very truly, Sally Mart n Chair, Elgin Group Police Services Board cc. Elgin County Council Elgin Group Police Services Board Town of Aylmer Administrator Reynaert/Aylmer Police Chief Horvat St. Thomas City Manager Graves/City of St. Thomas Police Chief Herridge Detachment Commander Inspector Fishleigh THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-037 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 WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lot 15, Concessions 3 and 4, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 217121, prepared by Spriet Associates, dated March 18, 2019, which is attached hereto as Schedule "A", and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $172,900.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.217121, dated March 18, 2019 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$172,900.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2019-037 A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the Soper Road Drain". READ A FIRST AND SECOND TIME this 18th day of April, 2019 and provisionally adopted this 18th day of April, 2019. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law#2019-037 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on May 16, 2019 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing (1} l> THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-051 A BY-LAW TO AUTHORIZE THE EXECUTION OF A SEWER SERVICES DEVELOPMENT AGREEMENT BETWEEN MARTIN DYCK AND THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting public utilities, including sanitary sewage collection. AND WHEREAS Martin Dyck is the owner of lands in Con 9 Pt Lot 23 Plan 113 Pt Lots 11 & 12 Main St N First Street being 11R8307 Parts 1-12, in the Hamlet of Eden in the Municipality of Bayham. AND WHEREAS the three village residential building lots were created through Consent Applications E15/04, E16/04 and E17/04 and E82/05 and E83/05. AND WHEREAS the County of Elgin Land Division Committee granted the subject applications, subject to conditions including the condition that the owner execute a sewer services development agreement for the lots. AND WHEREAS prior to development occurring on the subject lands, certain services, namely installation of sanitary sewers and the completion of satisfactory plans, are required. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Agreement with Martin Dyck affixed hereto and forming part of this By-law and marked as Attachment "A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS DAY OF JUNE 2019. MAYOR CLERK Development Agreement— Dyck - 1 - SCHEDULE "A"TO BY-LAW 2019 - THIS AGREEMENT made in duplicate this day of May 2019. BETWEEN : MARTIN DYCK of the Municipality of Bayham, in the County of Elgin, Hereinafter called the "Owner" OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Owner represents that he is the registered owner of the lands and premises in Con 9 Pt Lot 23 Plan 113 Pt Lots 11 & 12 Main St N First Street 11R8307 Parts 1-12, Hamlet of Eden in the Municipality of Bayham, in the County of Elgin, being more particularly described in Attachment"A" attached hereto (hereinafter called the "said Lands"); AND WHEREAS Consents to Sever were granted by the County of Elgin Land Division Committee for applications E15/04, E16/04 and E17/04 and E82/0,5 E83/05 conditional upon (inter alia) the entering into an agreement dealing with services for the lots to be developed; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of TWO DOLLARS ($2.00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt and sufficiency whereof is hereby acknowledged, the Owner covenant and agree with the Municipality to do and perform at their own expense the following matters and things: Municipal Engineer 1. Wherever the phrase "Municipal Engineer" is used throughout this Agreement, it shall mean the Municipality's Chief Building Official, the Municipality's Water/Wastewater Superintendent, or the Municipality's Manager of Public Works or such other person as the Council of the Municipality may from time to time appoint to deal with the administration of this Agreement. List of Schedules 2. The following Schedules are hereby declared to form part of the Agreement between the parties: Attachment Description "A" Legal description of the said Lands. Development Agreement— Dyck -2 - "B" Drawing showing the proposed lotting pattern. "C1" & "C2" Plan showing the facilities, works and services to be provided on the said Lands. "D1" &"D2" & "D3" Cost Estimate— Form of Tender Zoning 3. The zoning for the subject lands is Hamlet Residential (HR). Access 4. Access to the lots to be developed shall be at the location applied for and approved by the County of Elgin Engineer. The maximum width of a driveway measured along the street line to serve a residential use shall be nine (9.0) metres (30 feet). As-Constructed Drawings 5. The Owner shall provide for the Municipality records "as-constructed" drawings to the satisfaction of the Municipality for municipal services installed by the Owner. These drawings shall be submitted in a satisfactory form prior to the release of any performance bond or security required by this Agreement. Plans and Specifications 6. Plans and specifications for all works and services herein required to be done by the Owner shall be first submitted to the Municipal Engineer in a form satisfactory to him and such work shall not be commenced until the Municipal Engineer has received such plans and specifications and has expressly authorized, in writing, such work to commence. All works and services shall be constructed and installed strictly in accordance with the said plans and specifications, all to the satisfaction of the Municipal Engineer. The Owner agrees to construct all services and provide other requirements that will be known only after the details of the engineering design are submitted to the Municipality. The Municipal Engineer may require, in writing, such variance from such plans and specifications as may be required by conditions which may be disclosed as the work progresses, and by sound engineering practice. The works and services required to be done by the Owner, including but not limited to engineering and restoration works, shall be wholly at the expense of the Owner except as may be otherwise herein expressly provided. Sanitary Sewers 7. The Owner or Subdivider agrees to construct a complete sanitary sewer system extension, including manholes. This system shall service all the lands on the said Subdivision Survey 11 R8307, Attachment 'A', according to designs approved by the Corporation, and according to the specifications of the Corporation's Engineer and the Ministry of Environment, Conservation & Parks (MECP) in effect at the date of construction thereof, and the Owner or Subdivider shall maintain them including clearing any blockage until they are formally accepted by the Corporation. Such sewer system extension a shown on Attachment 'C', shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth, locations on an adjacent road allowance, to service the subdivided Development Agreement— Dyck - 3 - lands, which, in the opinion of the Corporation, will require their use as trunk outlets. The Corporation may consent to or authorize connection into the sanitary sewer system but such connection shall not constitute acceptance of the sewer system by the Corporation. a. Sanitary sewers, with sanitary private drain connections shall be constructed to the lot line of the subject lands. b. Storm sewers including catch basins and connections, if required by the Municipality, shall be provided and connected as shown on the approved plans and specifications. c. If the works lead to the installation of storm or sanitary sewers, to be assumed by the Municipality, located on easements over private property (including land owned by the Municipality that is not a road allowance), all sanitary sewer manholes shall be located in a location acceptable to the Municipal Engineer in order to facilitate maintenance of the sanitary sewer system by the owner, and all storm sewer manholes shall be placed in easily accessible areas if not placed in paved parking lots or driveways. d. The Owner agrees to notify their consulting engineer in the event that any existing sewer or drain is encountered during the progress of construction. The Owner further agree to have its consulting engineer investigate the matter and comply with the recommendations of its consulting engineer as approved by the Municipal Engineer's Department with respect to the sewer or drain encountered, such as connecting the existing sewer to a new sewer being constructed or into another existing sewer, at no cost to the Municipality. Adequate sewer easements are to be provided to the Municipality if necessary. The Owner shall also ensure that there is no interruption to any subsurface drainage flow because of construction on the site that would have an adverse affect on neighbouring properties. Should such an interruption occur, the Owner shall carry out any necessary remedial work to correct the problem as recommended by its consulting engineer and to the satisfaction of the Municipal Engineer, at no cost to the Municipality. e. Connection charges are payable before any dwelling unit is connected to the public (sanitary) sewer system. Such charges are payable prior to issuance of a building permit, in accordance with the fees and charges in force and effect at the time of application for such building permit. Sewer Ownership 8. The Owner acknowledges and agrees that the Municipality will not accept ownership nor allow connections of any type until the works are completed to its full satisfaction, and such determination is at the sole discretion of the Municipality. Roads 9. a. The Owner, or their consulting engineer, shall ensure that any proposed excavation, construction, entrance or exit installation, demolition, etc. will not interfere with or be in conflict with location and/or depth of any existing underground facilities, including sewers, pipelines, mains on street allowances or private rights-of-way, services, meter and regulator installations, valve boxes, cathodic protection test points, etc. In instances of apparent conflict, the Owner, or their consultant, shall obtain field locates from the appropriate commission, utility or agency. Development Agreement—Dyck - 4 - b. The Owner shall ensure satisfaction and compliance with all terms and conditions pursuant to the Elgin County Road Occupancy Permit issued for the subject works. Inspection and Completion of Works 10. Upon the completion of required off-site works, the Owner shall cause a Certificate of Completion to be delivered to the Municipality in the following form: Certificate of Completion of Works To: The Corporation of the Municipality of Bayham For good and valuable consideration now paid by the Corporation of the Municipality of Bayham (hereinafter called the "Municipality'), the receipt and sufficiency of which I/we hereby acknowledge, I/we hereby certify that the municipal services constructed pursuant to the Agreement between the Municipality and Martin Dyck, Registered as Instrument No. and pertaining to the property known municipally as have been: inspected during construction in accordance with standard engineering practice; and constructed in accordance with plans and specifications approved by the Municipal Engineer. Dated and sealed at , Ontario, this day of , 20 Registered Professional Engineer(Ontario) Building Permits 11. No applications shall be made for building permits and no building permit will be issued until the following materials have been received by the Municipality's Engineer and Chief Building Official: a. Sanitary sewer extension as-constructed drawings have been provided to the municipality b. Connection charges are payable before any dwelling unit is connected to the public (sanitary) sewer system. Such charges are payable prior to issuance of a building permit, in accordance with the fees and charges in force and effect at the time of application for such building permit. Security 12. Before applying for any building permit, or commencing any works on Municipal lands including road allowances, the Owner shall provide the Municipality with performance security as follows to be held by the Municipality until all of the obligations- of the Owner have been discharged: (a) As security for the construction and installation of services required by this Agreement, the Owner or Subdivider, shall supply the Corporation with security for performance and completion of all sanitary sewer works required by this Agreement, in an amount of $87, 978.00 (Eighty Seven Thousand, Nine Hundred and Seventy-eight dollars) which is Seventy-Five per cent (75%) of the estimated cost of the sanitary sewer works as set out in Attachment "D". Development Agreement— Dyck - 5 - Security to be provided in the form of an Irrevocable Letter of Credit, from a chartered bank or other financial institution or Bank Draft/Cheque, satisfactory to the Corporation, expressed to be pursuant to this Agreement, and payable to the Corporation at any time or in part, from time to time, upon written notice from the Corporation, that the Owner or Subdivider, is in default under this Agreement. Default 13. In the event of Owner's default (as determined by the Municipal Engineer), it is specifically anticipated by the parties that the Municipality will, at its sole discretion, contract for completion of all required works, services and other obligations, such that all expenses including administration shall be conducted without cost to the Municipality. In the event that the funds available by means of the security are insufficient to permit the completion of all remaining works and services, these shall be completed according to priorities identified by the Municipality. In the event that the Municipality determines that all works and services cannot be completed with available funds, the Municipality may, in the alternative, defer completion at its discretion, pending more favourable proposals, tenders or completion arrangements. The Municipality has no obligation to complete works for which funds are not available and the Owner on their behalf and on behalf of their heirs, successors and assigns, releases the Municipality from any liability in connection with arrangements for completion. Workplace Safety and Insurance Board Coverage 14. The Owner agree that they shall at their own expense procure and carry or cause to be procured and carried and paid for, full Workplace Safety and Insurance Board (WSIB) coverage for all workers, employees, servants and others engaged in or upon any work undertaken pursuant to this Agreement for which such coverage is required by law. Insurance 15. (a) The Owner agrees to maintain insurance in sufficient amount and description as will protect the Owner and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Owner's operations pursuant to this Agreement, including any act or omission of the Owner's agents or employees while engaged in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. (b) In addition to the foregoing, the Owner covenant and agree that: (i) The limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Two Million ($2,000,000.00) Dollars for each occurrence. (ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be materially changed (to the detriment of the Municipality) without at least thirty (30) day's notice to the Municipality by registered mail. (iii) The Municipality shall be named as an added insured and the policy shall include a provision for cross liability. Development Agreement— Dyck - 6 - Construction Liens 16. (a) The Owner shall comply with all of the provisions of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended from time to time and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the said Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. (b) The Owner shall, at their own expense, within ten (10) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens and all preserved or perfected liens, made, brought or registered pursuant to the Construction Lien Act, R.S.O. 1990, c. C.30, which affect any lands of the Municipality, including public highways and road allowances, and which arise out of the performance of this Agreement by the Owner and their servants, employees, agents, contractors and subcontractors. (c) The Owner shall indemnify and hold harmless the Municipality from all losses, damages, expenses, actions, causes of actions, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of any failure, neglect or refusal by the Owner to comply with the Construction Lien Act, R.S.O. 1990, c. C.30, and arising out of the performance of this Agreement by the Owner and their servants, employees, agents, contractors and subcontractors. (d) The Manager Engineer for the Municipality may at any time, authorize the use of all or part of the securities required pursuant to this Agreement, including cash deposit or letters of credit: (i) to pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Construction Lien Act, R.S.O. 1990, c. C.30, which affect any lands, including public highways and road allowances of the Municipality in the event the Owner default on the performance of this section; and (ii) to pay to the Municipality any amounts owing to it pursuant to this section. Indemnification 17. The Owner shall indemnify and save harmless the Municipality against all losses, damages, claims, actions, demands, suits, costs and interest incurred which arise directly or indirectly from anything done in connection with this Agreement, whether in performance of, outside of or contrary to this Agreement. Other 18. Entry into this Agreement with the Owner shall in no way fetter legislative or administrative discretion of the Municipality or of any of its officers or staff with regard to the approval or administration of any matters in connection with any development on the said Lands. Development Agreement— Dyck - 7 - 19. The Owner understands and agrees that there shall be no work performed except in conformity with all applicable by-laws and Provincial and Federal legislation and regulations, and this Agreement does not exempt the Owner from any applicable statute, regulation, or code of any legislative, administrative, or governmental authority, and the owner shall obtain and pay for all permits. Notice to Subsequent Owner 20. The owner agrees that any payments made or works installed pursuant to this agreement shall not be deemed to be development charges of any sort whether under the provisions of the Development Charges Act or a by-law thereunder, or pursuant to any front-ending provisions of that Act. It is further agreed that the Owner shall not make any claims whatsoever against the Municipality or any other land owner of any lands for a contribution or reimbursement in any way for any monies expended by the Owner to effect the works. Registration 21. The Owner, at his expense, shall register this Agreement on title to the Lands. The Owner shall cause a duplicate registered copy and a Solicitor's Certificate to be delivered to the Municipality in the following form: Certificate of Solicitor TO: The Corporation of the Municipality FROM:"Company Name" RE: street address type of agreement (site plan, condominium, subdivision) Agreement between "owner name" and The Corporation of the Municipality For the sum of TWO DOLLARS ($2.00) and other good and valuable consideration, I hereby certify that "owner name"is the registered owner of the lands described in the type of agreement between owner and The Corporation of the Municipality which was registered on date as Instrument Number at the Land Registry/Land Titles Office Number at I further certify that the lands described in the said agreement are the lands intended to be subject to the agreement and that the agreement binds the owner and its successors in title. I further certify that at the time of registration, the Owner's title was subject to a mortgage in favour of(list any mortgages, liens and assignments - if none, leave paragraph out). Dated in the City of , County of , this day of , 20 "Company" By its solicitor Development Agreement— Dyck - 8 - Name: Firm: Binding 22. The covenants, agreements, conditions and undertakings herein contained on the part of the Owner shall run with the Land and shall be binding upon the Owner and upon the Owner's heirs, executors, administrators, successors and assigns, as owner and occupiers of the Land from time to time and shall be appurtenant to the adjoining highways in the ownership of the Municipality and this Agreement shall enure to the benefit of and be binding upon the appropriate authority and its successors and assigns. Assignment 23. Neither party is permitted to assign rights and obligations under the Agreement without the permission from the other, which shall not be unreasonably withheld. Expiry 24. In the event that no construction of the sanitary sewer connection has commenced within five (5) years from the date of registration of this Agreement the Municipality may, at its option, on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. Separate Covenants 25. All of the provisions of this Agreement are intended to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not enforceable, it shall be considered separate and severable from the Agreement and its remaining provisions as though the unlawful or unenforceable provision had not been included. Municipality's Expense 26. The Owner shall reimburse the Municipality for expenses incurred in the preparation of the Development Agreement upon execution of the agreement. IN WITNESS WHEREOF the Parties have hereunto affixed their signatures and corporate seal attested to by the hands of their proper officers, duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) I am the owner of the property in theresence of„ ) , � �2/:/02 p' /7--/C Martin Dyc Witness ) �� - (2/77 ) Date THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Per: Mayor—Ed Ketchabaw Development Agreement— Dyck - 9 - Per: CAOICIerk— Paul Shipway Date Development Agreement— Dyck - 10 - Attachment "A" DESCRIPTION OF LANDS Lands in the Hamlet of Eden, Municipality of Bayham, County of Elgin more particularly described as: Concession 9 Pt Lot 23 Plan 113 Part Lots 11 & 12 Main Street N First Street, 11R8307 Parts 1-12, Municipality of Bayham, County of Elgin 7 qc 7-//7-) .,,),‘,7-- ! ,I 1 I - m,..a.. PM IlR-f.J07 I (� I PART SCHEDULE I 9 gg I l0! N11 R .NSf ANG.LO'W..t '-.1 / 1 \ API ., .."2",iia •l o T . I a i i PMT 13 i•CONCi.55p•! 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'• NOM 1.ALL LONG(EASTERM 0005 STOLL BE oftccnow,DRILLED ROPE DRII.ALL SHORT (WESTERLY)0000515.41 DE OPEN-CUE PIC ;LOTS rAs-r a, 94111 sTary7 , ". ' ..' ' "' '' "' SOP IS 0140 ,0127,'000 : 7.9ST 9TqET,. '. 2.TRENCH BOA MUST BE USED TO INSTALL PROP S.TART SER. E(AIS:EPELI 11 PLAN ^ TROEES ARE TO RES1040 IR.5 PROJECT ,tor 2 1 "....COHDLSgION s,..0 CEDC.P-IC rtrow.uv D SA,AM j ....ALL PO,.10 BE CAPPEO AT PROPERTY LIME RA, •10 5511 -'1 1,1 ... • *ICU IMSTALLAR061 DE 50000 1AARKER POST 5.altl.PDC DEPTH Ai PRCVERTT OK IS 2 Rm L.4.''''''''....'""'•--T.---' ./•'-- 6.EAR POC 540PC IS 2S. PLANK ROAD / COUNTY ROAD 19 i ! 239 i 239 : ! 1 ' C 1 • i. t • [ .1. , EXIST.CROLIND:ABOVE I. 1 A.; •!.. ; : 238 ' • [ i!PROP..5.01..swk238 ..... _. . ,....: ; . , ; ! '*Xlsl 0/ 500 ,- , I ! 237 i / ! . ' c' ' I i ----A---- !_____'''____,--.. 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CONSULTING A ENGINEERS 3.3.90004 ---- SANITARY SEWER EXTENSION 1 of 2 ... 1.0 IT.WWI 0.0-c—cow. 00,471,,to—61.IN 17:,•9 1.1.109.1. 10.1.1., PLAN & PROFILE ., ...,..... ITN.. • III TRENCHING NOTES ... .... -.. .._ GENERAL FS E... ... ,,I i NOT GF RN O E c RE PRO ECT.O • 1.I ed eN b IED AWA"ANL NILOW II CMENU w CAN "CO INOLLW o 4 nos or aa+mox brotbm eex.ane,one elevation v"DpvMemo Mmes.a.lemma,ors ta be orelesme in a a opy w.wlu nr000 r OY GRWITY GRAIN�wAN COWENTIONALeliluoae NG PON x µN503 n U I elvsw.0.me mN.pe.e a :moxa. ` A _ _ ,elw nee.er al ES7ENOING EIORE THAN 0.5.3E1.,?FE WATER TABLE.P0RN010 TN(E WATER i1Odor to e dr,n dm concha 00 on the roa 0b0.118.OA 01109 undergroundud000 7. lonlmm909 E OF FLOW 1 EITwREWIRN) UST E 09iio IBD DTE IN CONTRACTOR. PCT.A ,T N• :P.4.41d01:1+� °e bcvle 0.d nwrve0 An I n can 0' IVan .0 1n en° neemro p+ ro-n mrem+wa!v ve my mo robe cv e'a ' 1RRLWIDING INE GENCN WIRY(Coon:Wal HEallb,d Rely RI UNIN00 NELULAG.213/01). Me C°+:ra'01' a nw�Mc polepelupport evil amcdaied out M Me app lacy a v.el.„--A°IWIA InatJll°d'a d0erol'an,bee eMvw+'eer unN mP aanurr+vn.n avn bawn --Warm 111a55 II Iraim pans 0.:a uypdIN dor04 eo:clroelion•I IM Cunteseler x:000 momlec ol..I Bu:COISTRUCTION AND DETOUR SIGNING b e+ea x R e On w rrmOP'''ilii b” ham coman UIWLY beet..en. v m ruction 0.e aemm+0+1+9+ r'Oo0N 1 o Re,bens w re.01. 1lOmm M I be tmn1 a to Oeel'vwe. mCOM.01nga°e0 cern!:"1a I., >t::"22,7` T,alrn Mnura`i O'wln9e b a mr;led la III.EngNuOr IIT<OO.welnp(o 110 0 . 3 RESTRAINED JOINTS I.and/or I vm0:.r 0mvnk w a SIT No wa M be a Me „Ilan x:wle ecoa v.:howl Pr Nen OermOwn Iron the /'�� Q • verbalmo+ts et 01mmeany bonds.Je: +ar by mown m I.e Jrn q V°tl c°nets men la PINE OCA YON $ , • The Mop"ob aline° vfnom U.men as y Becdla oa eaeaAeO See drOnlMe IaOb= one mtoretier de,. mformcolourl.aNn n nIl q.n nnen0. pomy el v.wt q in°acw a) v.w m 0• I jj mut ?, PROFILES I e ao.V.. r., a5 tryLai.. ,"aa Wnci cone ore acro Mento cwt., .he woo,Pert:,al I bean ella"°nw. arm.ore >n • • II T • • ' • A•I mare.senroxbm N We mein obs=.1:1 .+.Mw be e"wryp ryrypry .....-... robe made t+ee de teem cc oy en00 PO Or arbor l N[ U5 COMMONSTAND/NOS 5E0 I PROTECT ALL EXPOSED 'FACE:RIO CONTROL ALL RVNOF OUP CONSTRUCTION. roan Factory mode teem bee F00 eMn be VON W a•erNa w rprm 1.CI CARING MO MINING O Tor SOP SHOUN BE WEPT TO Man.AND M A,NN REMOVED ON v N M'+ANCE Or DAUEOU.TF CONSMUCTAN. or...)Wm.numb"derv,al O"oedn dee se,0 ami x Eem,....„=,,,main 3.ALL OMAON C0Ga0L MEASURES AGE 10 OEM PUCE DUPE S•MTINC COSTRUCRON AVO REMNN IN EN UNTIL RESTORATION 5 COMPLETE. e)We Iron n.me demo,0 Na ewWn aaw.Wn • MAINTAIN PROSON 000201 u I IPS MIRING CONSTRUCT00 Ml+e VW be used Mon erl Ino Tr M ewer to coved oIne_ 5.INSPECTION AND C'.ONIVG IV PMC SEOIVENTATroN Tons SNOULO OE CARRIED OUT REGULARLY,CLOGGED FILTER MARRO.AIM AS CRUSHED SONE, 0 n^eebew R I b SOOan. ST..DARDS.SILT FENCE,OR FILTER CLO,SNOIAJ OF REPLACED AS REW'REO C.0104 deco Mw a cowl.. alas-siona cm.,P.M Doso_ .cn. 04fM1Aro" I b.ALL COLLECTED SEUWENI h O E UeN05tU 0 AlAN A"mnkU.oGnOv. 0 Sock.mveIT vv..,0.me mein PW Men • _ s ONAe0F 0111075 SHALL GE WOE TO 1.11141P25 ME.EIGIUo3EO W TIC000. � C Appro..vat-In ANO/OR TOPSOIL SIroJIO BE LOCATED ANO 00 10 TNMJ 0T0•050.. AVM.EITMORLfn AL INTERFERENCE.STOCCP 000(D 0 a.0000.0 n popwlf F+ STOCKPILES Or FAR, NT TO JPCOCW PG,ON 10Mh°n 0000.000 0.P.O,0, wed, M ICRING WATER OR WATER oUMPED E+uNATN)NS r5 E DISPOSED O'- 0 OEOw001.10Ie DLA 0 Pug w Roomyem elms be exeuetMd Nava b aOvna nx nEwre NOUS NIU PPE ENOS FN.0.000,HI 1510JSION PIM 0.01210100(NNRMI0 200 10. D"rrb4 eannocONT Wrw be mea us,•,°00A mew oe. - we s uuum'nl a 11.1 NAP AU_SLAVS CLEAN 9uLL• IC w0_TO OLEIVIC IMA.PRMD-T wNO-OWN DUST. ONTARIO NI dlmwdons 0n In m....Wes won,ahem. aknp lac 4.,. _ F:NC[10 O(A[0 PI EOCAJIR[0 MEAS AR OoE<T0-CT TOE MUbCIP01.01 COUNT.OR E'ILINEEa OWING CC.S�RUCOOh. ONTARIO PROVINCIAL STANDARD DRAWING Na.two IRw) .• M.SU PEACE TO OE if...WED 0Y ROUNDING0 CO051 AVD PALTER RUNOFF. RNs,0.O.. SEWER SERVICE CONNECTIONS :�'' Ommseasso mt.,wonartAmor mac Emma.01,01ft verel.D 1.0.0,00 Mtel °V Of ME AMIE NOTES AND SPOIME01 AN EROSION CONTROL MEASURES A ANY WOW,SEDIVE•R 00 EROSIONCON'9000 MEASURES ARE FOR FLEXIBLE AWN PIPE SEWER w awn.,xMM vm-MSMO TOP.CONPOE Wes OA. -J Pr a ACCURTINCT W.TRMI ISTF Of NAP.RESOINCEs GUDFIINCS ON MOS.Awl VOW.CON,RD1 FOR M MAN CONSTRUCTION ATF.. . OPSD — 1006.020 gm:rzgg m:iireg AT'arcri.ni roe never v.non swe °nA+-32.,.Ae d.PARtt EMpw,o» ceno-1.0.1 evak sumer cow.. Ersaas ome Pen,.rrover 07.1.0.1 ' 0,1"....0,10.. ...... 141 / *n O16�I OWH '� Fh sroEAEW I _ h:;:�O , I — AGRAoA Swan • NC ^y I / A9. A�\, A� . . .mewNw er- po n SECTION .. NOTES: E A DETAIL A DETAIL 0 Ns MAL OF ORATING AND 0011-00 SUPPORT nJ :� I P 00 Mn+°reek*0201"laew 050000l a.9.40 PLAN SECTION B-B A N:mim em Fppelrrle can connate w be on,Mrs a re CUM .IINAnuel of aw TYPE t A 1 y Fit=.,.. .. vrvrs enm _W aeM a_ *00 0 ,41. u.0Wnb an pu+Oiwe MR he r. . - 1 •pRaY art 1 ' � O��0.0mWrm pmtwtl I W w pa.m Sobs. M N1 y0=7.1,_:_i_ n',� . by M Sow+ { len low SEE ea M Maintenance 15.00,grove Na•k N MIrd-Pante. -tr. mr.e ww, c..:mM em,1*.ear. ri!ir I - Imm,,:°d.v, ^�1I ; learn.[er+F rrTuarGx. I 9 M w Yp:.Rem ab.w�"w00® -o cz:sn:apv wsp.t. '•Ms0 : �T: �p I,E. S„we MI o C•`''=Ye>N I V l- _ E u° nam Mega 6331-TA ONTARIO PROYINCW.STANDARD DRAWING Ne.MO _ ".,t beelem to CSA SIAM.515,. IR,1 ,.•.,:,.. "00ae:u Nw00uv°ew ,ammpmprm.e.n ... »PIER Mb.dpnNLp ' e::Iw ewe h�mWmw.. ALUMINUM SAFETY PLATFORM " 'J' "'"°'000,Am°'° m°^^ on 001 '00 ,°„pL"1=MIN NMemL CM,. I FOR CIRCULAR MAINTENANCE HOLE OPSD — 404.020 E:we,P:N,.dW.EM mM bL ANWnNp :comae.Aar IEE r.mm w.°0 A,° v ve K EN"OVA,N"`m«... @EDOING�1ETPll_FOR_ _..._SRNRARY_SEWER__. UTILITY SUPPORT ots w. mwmrNa REM 0310,1.1 9o. _ _ ...- �SPRIET ASSOCIATES ', _ arm. a EDEN 205191 ors u pw LONDON LIMITED �� _ .. robe' :n:.x. M CONSULTING ENGINEERS DGARI"" SANITARY SEWER EXTENSION 2 of 2 —._.---. .--.-- Ivtettawn—woo. wovawco-.eon. i, >�,v ^— MISC. DEraLs i ir1Cf1i'iE xT Di FORM OF TENDER (cont'd) FT-3 ITEMIZED BID CONTRACT NO. 205191 In accordance with the first paragraph of this tender, the Contractor hereby offers to complete the work specified for Contract No. 205191 for the following price: (Provisional)- Provisional items will be required only when field conditions warrant their use and are authorized in writing by the Contract Administrator PART 1 - SANITARY SEWER AND APPURTENANCES Item Description No. of Work Unit Quantity Unit Price Total Price 1.1 Supply and install 250mm dia. PVC SDR35 sanitary sewer pipe including granular bedding, backfill, sawcutting, removal of ex. asphalt and/or topsoil, road and road granulars and replacement of topsoil, seed and mulch, road granulars and asphalt, complete as per specifications a) Ex.M.H. to M.H.#1 (Avg. Depth 4.2m) m 47 $243.30 $11,435.10 b) M.H.#1 to M.H.#2 (Avg. Depth 5.0m) m 79.2 $223.36 $17,690.11 1.2 Supply and Install Sanitary Manholes: (a) M.H.#1 1200mm dia. (Approx. depth to Invert 4.0m) L.S. $7,395.18 (b) M.H.#2 1200mm dia. (Approx. depth to Invert 5.4m) incl. safety landing (OPSD 404.020) L.S. $8,167.62 1.3 Connect prop. 250mm dia. sewer to Ex.M.H. and rebench M.H., complete incl. coring hole L.S. $1,672.80 1.4 Supply and install sanitary sewer private drain connections (PDC) (100mm dia.) incl. excavation, bedding, granular backfill, radius bends, end cap, marker stake, full site restoration and connection to prop. 250mm dia. sewer, complete a) open-cut (SDR 28) m 48 $258.12 $12,389.76 b) directional drilled (HDPE DR11) m 88 $198.73 $17,488.24 1.5 Video new sanitary sewer incl. supply two (2) disks and reports to client m 127 $15.75 $2,000.25 TOTAL FOR PART 1 -SANITARY SEWER AND APPURTENANCES $78,239.06 /4-7---7--Acyinc r LJ FORM OF TENDER (cont'd) FT-4 ITEMIZED BID CONTRACT NO. 205191 In accordance with the first paragraph of this tender, the Contractor hereby offers to complete the work specified for Contract No. 205191 for the following price: PART 2 - MISCELLANEOUS ITEMS Item Description No. of Work Unit Quantity Unit Price Total Price 2.1 Remove and dispose of existing asphalt pavement from sewer installation L.S. $763.20 2.2 Supply and install 450mm of Granular'B' and 150mm of Granular'A' within sanitary sewer trench limits L.S. $773.15 2.3 Supply and place hot mix asphalt on road open cuts consisting of 50mm of HL8 base and 50mm of HL3 surface asphalt L.S. $10,135.02 2.4 Restoration of lawn and boulevard areas with 100mm screened topsoil (stockpile/imported) and seed and mulch L.S. $14,669.50 2.5 Traffic control and signage L.S. $160.00 2.6 Cost of 50% Labour and Materials Bond L.S. $3,141.17 2.7 Cost of 50% Performance Bond L.S. $2,823.24 2.8 Obtain Elgin County Road Occupancy Permit (Appendix A) L.S. $1,600.00 TOTAL FOR PART 2 -MISCELLANEOUS ITEMS $34,065.28 � riir/-/InEirTD 3 FORM OF TENDER (cont'd) FT-5 ITEMIZED BID CONTRACT NO. 205191 In accordance with the first paragraph of this tender, the Contractor hereby offers to complete the work specified for Contract No. 205191 for the following price: SUMMARY OF TENDER PART 1 -SANITARY SEWER AND APPURTENANCES $ $78,239.06 PART 2 -MISCELLANEOUS ITEMS $ $34,065.28 TOTAL TENDER PRICE $ $112,304.34 CONTINGENCY ALLOWANCE $ $5,000.00 SUB-TOTAL-CONTRACT PRICE $ $117,304.34 HS.T. (13% of Sub-Total - Contract Price) $ $15,249.56 TOTAL TENDER PRICE $ $132,553.91 Tenderer's H.S.T. Registration No: The amount referred to in this Tender as the Contingencies shall constitute the total of that part of the Schedule. The Tenderer agrees that he is not entitled to payment of any portion of the Contingencies or Provisional Items except for the additional work carried out by him in accordance with the Contract and as directed by the Contract Administrator and only to the extent of such additional work. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-052 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND JOHNSTON BROS. (BOTHWELL) LTD. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Johnston Bros. (Bothwell) Ltd. for Supplying, Hauling, Mixing & Stacking Winter Sand for the 2019-2020 Winter Season; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between Johnston Bros. (Bothwell) Ltd. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF JUNE 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-053 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND QUAENET CANADA INC. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with QuaeNet Canada Inc. for the placement of a Communication Tower at the property known as 8354 Plank Road, 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 QuaeNet Canada Inc. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF JUNE 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-054 BEING A BY-LAW TO AUTHORIZE AN AMENDMENT TO BY-LAW 2015-041 BEING A BY-LAW AUTHORIZING A SITE PLAN AGREEMENT BETWEEN FROESE VEGETABLES INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham approved Site Plan Agreement By-law 2015-041 on April 2, 2015 now deems it necessary to amend the Site Plan Agreement with Froese Vegetables Inc. 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 and directed to execute an Amendment to the Site Plan Agreement By-law 2015-041 between The Corporation of the Municipality of Bayham and Froese Vegetables Inc., namely: a) Amend Schedule "A" Paragraph 23 Performance Guarantee by removing the date April 2, 2016 and replacing with June 6, 2020. b) Remove Attachment "C" to By-law 2015-041 and replace with the attached Attachment "C" 2. THAT the executed By-law be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 6th day of June 2019. READ A THIRD TIME AND FINALLY PASSED this 6th day of June 2019. MAYOR CLERK ME CONTENTS OF MIS DRAWING SILOAL.DO: \ \ \ S N .lot HO \ \ ,I ROAN ME COPYRIGHTED PROPERTY I.NM AKESIWNIES M.FOR NOM,A9NxuS ME,i w TESTED m®L PARTYIA OF AT M[.SrtveMc MO 00 EE ME SEAsM. O \ \ \ \ \ \ \ \I OF W WVfl16 INC. WELL 3-SLOP=MNMO.i \ \ \ \ \ \ \ \ \ I '. NOTE C-SPROS 14NN MMM..KU SCEA IS RSIED K 1) MTV AT M ffOMOO MTD END OF NE.SON. NORTH \ \ \ \ \ \ \ \ \ Y• ME CONTRACTOR/ONNER SHHL CHECK N1 7..EXOTIC MA ILOCATICKS OF SON A�4 tO MS. w STPPC DA.WERE FUD OM NO SHMAE OF O M.. PwOF AMMCDO iE DINETZJfMS/n01E5/NENS AGVT6f CRANKS A.NOTED C5.1 R A IV.b MONO}Aro GUAM SRN. \ \ \ \ \ \ \ \ \ \ I , �' AND M.REPORT ANY COCOPAK.TO ♦WOO6 UXLY R@I RTMIFD NR WiTIHG NPPO9 Md IAS 'DM If KK00WIOX M AVQLFD BY ME OIEM. \ \ \ \ \ \ \ \ \ `` �' ME PROCEEDING WIMO ME KNO NEER E \ \ \ \ \ \ \ \ \ \/ 1.1%_ DO NOT SCALE DRAWING. \ \ \ \ \ \ \ \ \ A., \ \ \ \ \AN\ \ \ \ \\ \ \ \ \ \ y/ WDDDDNSA \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ © MKS N NOTES \ \ \ \ \ \ \ / \ \ \ \ \;•,...) 0.0.° \ \� RECEIVE D \ \ \ \ \ ` \ % /i /i /i /i �� y EED�MP MAY 2 2 2019 \ \ \ / Ga GRED M� M //r//// //r N. WALL LINED AKA 5/EPROM WON NORMAL 26.1,2013 \ \ \ Y.• ''/''%/%'''' MUNICI'ALITY OF BAYHAM \ \ M MN e x ''/''/''/''/ — — — — x , / / r j NO KEY MAP 1 �I(??�� I cPAw.Al. Emw e1'C /r�/r//r�/r NIXON. v1� MN,GRN iA„) r / / , g MAW,AREA Ai-D //////////////// DP o MATER"C ( I g ® // /.,;' / e UPDATED n AAS MS // / ATE A, MNM� I Re �j '''///'///' MUNICIPALITY TRE�Ew KS D § ,•b O eY ///r/////// REVISIONS /////////// GRAN MFA. E ( m 90'X er!• 2 eix®GRAS '///'/0///0 L I : L AHL MFA 00050 EA /,///r/�/', ii ENSS MSAEMID MD MO SPE, x arn. e, GRASS MG, 1 1 0 E 01- WO NERDYEIID CRASS AKA e%• �. III P , 3 `\��\ DW°t�W.WAY ° A.Myo swwrc�,M« (_1�� 11111111 •tiiii, 4\ 7 7.0.., t SITE PLAN Aauwow TNNm AL non PO107 ve E.M \ �, o.� • SHEET No. ,4 Ti4 c-H'/7 6Wr 11G THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-055 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TERMINATION AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND CAPREIT APARTMENTS INC. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a termination agreement with Capreit Apartments Inc. with respect to the operation, maintenance, management or control of waterworks at the property known as 10085 Culloden Road; 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 Capreit Apartments Inc. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF JUNE 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-056 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND SANDYTOWN RETIREMENT HOME INC. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a lease agreement with Sandytown Retirement Home Inc. to satisfy parking requirements of Site Plan Agreement By-Law No. 2019-049 for the property known as 9344 Plank Road, 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 Sandytown Retirement Home Inc. and the Municipality of Bayham; 2. AND THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11; 3. 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 6th DAY OF JUNE 2019. MAYOR CLERK THIS AGREEMENT DATED THE 6TH DAY OF JUNE 2019 BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the "Municipality" of the First Part and SANDYTOWN RETIREMENT HOME INC. (Hereinafter called the "Lessee") of the Second Part WHEREAS the Municipality owns the parking lot located at 9350 Plank Road and 9366 Plank Road; AND WHEREAS pursuant to Site Plan Agreement By-law No. 2019-049 the Lessee is required to lease parking lot space from the Municipality to satisfy parking requirements for the property located at 9344 Plank Road; NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the payments required hereby, and such other consideration as the parties hereto deem acceptable, the parties agree as follows: Section 1 - Definitions For the purposes of this Agreement, 1.1 `Council' shall mean the Council of the Corporation of the Municipality of Bayham; 1.2 `Parking Lot' shall mean the parking lot owned and maintained by the Municipality described in detail in Schedule 'A'. Section 2—Term 2.2 The term of this agreement shall be fifteen (15) years commencing on July 1, 2019. 2.2 Upon expiry of the initial term, the Lease shall be subject to automatic one (1)year renewals thereafter unless either the Lessee or the Municipality has given at least six(6)months written notice prior to the expiry of the then current term that it does not wish to renew. 2.3 Either party may terminate this lease at any time by providing at least six(6)months prior written notice of termination to the other party. Section 3— Rent 3.1 The Lessee shall pay rent for the use of the parking lot during the Term to the Municipality annually in advance of the first day of June each year. 3.2 Commencing on July 1, 2019 the annual rent shall be Four Thousand Dollars ($4,000.00+HST) and shall thereafter be increased each year by two percent(2%). Section 4—General Provisions 4.1 The Lessee shall not use the parking lot nor allow the parking lot to be used for any purpose other than for the operation of the parking lot. 4.2 An 'Event of Default' shall occur whenever a party shall have breached or failed to comply with any of its covenants and agreements contained in this Agreement and shall have failed to remedy such breach or non-compliance within fifteen (15) days (or such longer period as the party not in default may reasonably determine, having regard to the nature of the default) after written notice thereof given by the non-defaulting party to the party in default. 4.2.1 Upon the occurrence of an Event of Default by the Lessee, the Municipality may at any time thereafter, upon notice to the Lessee, terminate this Agreement and all the rights of the Lessee hereunder. 4.2.2 If and whenever the Municipality exercises its option to terminate this Agreement pursuant to this Section: (a) The Lessee shall immediately vacate the parking lot and the Municipality may remove or cause to be removed from the parking lot the Lessee or any other occupant or occupants thereof and may remove all property therefrom without liability for loss or damage and without prejudice to the rights of the Municipality to recover arrears of rent or damages incurred by the Municipality; 4.2.3 No condoning, excusing or overlooking by either party of any default, breach or non- observance by the other at any time or times in respect of any covenant, proviso or condition herein contained shall operate as a waiver of such party's rights hereunderin respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the party herein in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted save only express waiver in writing. 4.3 The Municipality will maintain and keep in good condition and repair the parking lot, at the sole discretion of the Municipality. The Municipality shall be responsible for all costs and expenses associated with such obligation including maintenance and repair and snow removal. 4.4 The Lessee shall not be permitted to place or permit any third party to place any signage anywhere on the parking lot without the prior written consent of the Municipality which shall be in the sole discretion of the Municipality. Section 5— Insurance & Indemnity 5.1 The Lessee shall not use the parking lot nor allow the parking lot to be used for any purpose other than for the operation of the parking lot pursuant to Site Plan Agreement By-law No. 2019-049. 5.2 The Lessee agrees to maintain insurance in sufficient amount and description as will protect the Lessee and Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Lessee's operations pursuant to this Agreement, including any act or omission of the Lessee's agents or employees while engaged in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. 5.3 In addition to the foregoing, the Lessee covenant and agree that: 5.3.1 The limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Two Million ($2,000,000.00) Dollars for each occurrence. 5.3.2 All policies shall provide that they cannot be cancelled, allowed to lapse or be materially changed (to the detriment of the Municipality)without at least thirty(30)day's notice to the Municipality by registered mail. 5.3.3 The Municipality shall be named as an added insured and the policy shall include a provision for cross liability. 5.4 The Lessee shall indemnify and save harmless the Municipality against all losses, damages, claims, actions, demands, suits, costs and interest incurred which arise directly or indirectly from anything done in connection with this Agreement, whether in performance of, outside of or contrary to this Agreement. Section 6 —Administration 6.1 Any notice required to be given under this Agreement must be in writing to the applicable address set out below: (a) in the case of the Municipality: Attention: CAO Municipality of Bayham PO Box 160 56169 Heritage Line Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 (b) in the case of the Lesseee: Sandytown Retirement Home Inc. Cornelius Penner, President 9344 Plank Rd PO Box 70 Straffordville ON NOJ 1Y0 such notice shall be deemed to have been received by the Lessee or the Municipality on the third business day after the date on which it shall have been so mailed (in the event that there is an interruption of postal service, the aforesaid period shall be extended for a period equivalent to the period of interruption). Notice shall also be sufficiently given if and when the same shall be delivered, in the case of notice to the Lessee, to an executive officer of the Lessee, and in the case of notice to the Municipality to an officer of the Municipality. Such notice, if delivered, shall be conclusively deemed to have been given and received at the time of such delivery. Provided that either party may, by notice to the other, from time to time designate another address in Ontario to which notices mailed more than ten (10) days thereafter shall be addressed. 6.2 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. 6.3 The Lessee shall not assign, delegate or sublet any of its obligations under this Agreement or otherwise part with or share possession of the parking lot, or any part thereof, without the prior written consent of the Municipality, such consent not to be unreasonably withheld or delayed. 6.4 The Lessee shall not mortgage, pledge, hypothecate or otherwise encumber all or any portion of the parking lot. 6.5 In construing this Agreement, words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa. 6.6 All of the provisions contained in this Agreement are to be construed as covenants and agreements and, if any provision is illegal or unenforceable, it shall be considered separate and severable from the remaining provisions which shall remain in force and be binding upon the Lessee and the Municipality. IN WITNESS WHEREOF the parties have duly executed this Agreement this 6th day of June 2019. Authorized by ) THE CORPORATION OF THE Bayham By-law No. 2019-056 ) MUNICIPALITY OF BAYHAM ) Mayor ) Clerk WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this day of , 2019. In the presence of ) I have the authority to bind the corporation. Witness: ) Cornelius Penner Witness ) Jacob Berg SCHEDULE 'A' Municipality of Bayham parking lot located at 9350 Plank Road and 9366 Plank Road zflLi a _ -- ---.!' SFr 0 -_-_ �� I- I W -- -- 0 p ----- i J AGREEMENT IS REQUIRED I FOR PARKING SP.ACES ON ?� I II L LIBRARY PROPERTY: y;T' 1.\ w t1 2 `.9Fn .7rr, & � W ui ill .. „, ,, -.;p;`-;., \ ,:it Y c"., i dirl - \ ti I 'I -• r THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-057 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN THAMES VALLEY DISTRICT SCHOOL BOARD AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Thames Valley District School Board. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Thames Valley District School Board affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 6th day of June 2019. READ A THIRD TIME AND FINALLY PASSED this 6th day of June 2019. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW NO. 2019-057 SITE PLAN CONTROL AGREEMENT THAMES VALLEY DISTRICT SCHOOL BOARD AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Plan 12 Lot 21 to 25 W/S Shakespeare Plan 12 Lot 21 to 25 E/S Strachan, Municipality of Bayham 2 This Agreement made in duplicate this 6th day of June 2019. BETWEEN: THAMES VALLEY DISTRICT SCHOOL BOARD (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Plan 12 Lot 21 to 25 W/S Shakespeare Plan 12 Lot 21 to 25 E/S Strachan, Village of Port Burwell therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands"); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "B3" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no entrance permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a entrance permit. 3 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands Description, Attachment "B1" "B2" B3"— Drawings: New Parking Lot Removals and Site Plan, and Attachment "C" —Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands Description) hereto identifies the Lands which are subject to this Agreement and, furthermore, Attachment "B3" depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "B3" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B3" ("Site Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B3" hereto, subject only to such changes receiving prior approval from the Municipality. 4 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (g) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (h) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (i) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (j) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby 5 reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (k) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (I) Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of Environment, Conservation and Parks (MECP). 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13.The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality 6 by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate 7 relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy , or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of _Zero_ Dollars and_Zero Cents ($0.00). 25. Upon execution of this agreement and as contribution to the Private Drain Connection Fee, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Five Thousand Two Hundred and Fifty Dollars and Zero Cents ($5250.00). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of $_Zero_ per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 8 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before June 6, 2020. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of Zero Dollars and _Zero Cents ($_0.00 ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B1" "B2" and "B3" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32.The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and 9 every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33.The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34.All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this day , 2019. ) Thames Valley District School Board ) Jeff Pratt, CPA, CMA ) Associate Director of Education & Treasurer ) Cathy Lynd, CPA, CA ) Superintendent of Business ) ) We have authority to bind the School Board ) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) Mayor ) ) Clerk ) We have authority to bind the Corporation 10 ATTACHMENT "A" Lands Description Roll# 3401-002-001-12500 Legal: Plan 12 Lot 21 to 25 W/S Shakespeare, Plan 12 Lot 21 to 25 E/S Strachan, Municipality of Bayham, County of Elgin Village of Port Burwell PIN# 35327-0156 (LT) Sta ntec 0.�a5o,5 F PORT BURWELL WATERLOO ST PUBLIC SCHOOL WELLINGTON ST _\ 1 • t : -I KEY PLAN N.T.S PORT BURWELL PUBLIC SCHOOL NEW PARKING LOT PORT BURWELL, ON Drawing Index 0001 REMOVALS COOT NOTES&SITE PLAN ISSUED FOR SITE PLAN APPROVAL Project Number: 165630130 AuoMWMGS SNOLID BE RENEWED M TN REFERENCE TO COMPLETE CONTRACT 000UMENTS N., ...... ., . 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N.T.S. 3 . NA AlrlarANDANOCCANIE Or .......r.E.T.I....E........."................. 16 AU.alALSCAMOICAJOINON3U01.6 000051T.00 MIA MUM RUNON. Drawing No. Sheet Revision 23 SMACE ANISMINACE AMER. 1:00039,111106•1C.10113 M6311,60/60 ONR3P1 AMA)TO a 0000 ,400614000000400o05000000055400000100T05001400010000010 CONTRIATION. 0360100A9 MOHO. C002 201 2 0 12 ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20 , and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_ Witness Signature Name of Owner(Print) Address of Owner(Mailing) Telephone Number THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-058 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JUNE 6, 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 June 6, 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 6th DAY OF JUNE, 2019. MAYOR CLERK