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August 15, 2019 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, August 15 2019 7:00 p.m. 7:30 p.m. — Public Meeting — Planning A. Gingrich — 5552 Godby Road B. Grewal — Sandytown Road C. Weber—7057 & 7059 Plank Road 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. John Stewart &Alyssa Cousineau, ALUS Elgin re ALUS Elgin Overview and Fourth Annual ALUS Elgin Environmental Stewardship Tour B. Chuck Buchanan, Port Burwell Historical Society, Wheelhouse Committee re Funding Request 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held July 18, 2019 B. Statutory Public Planning Meeting held July 18, 2019 re Orchard Crest Farms Ltd. 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 A. Municipality of Bayham Water Financial Plan 2019 Council Agenda August 15, 2019 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Passing of Zoning By-Law No. Z686-2019 — Lama B. Notice of Passing of Zoning By-Law No. Z687-2019 — 1841449 Ontario Inc. C. Notice of Passing of Zoning By-Law No. Z688-2019 — 1841449 Ontario Inc. D. Notice of Public Meeting re Zoning By-Law Amendment— Gingrich, 5552 Godby Road E. Notice of Public Meeting re Intent to Pass an Amending By-Law to Remove a Holding Symbol - Grewal F. Notice of Public Meeting re Proposed Zoning By-Law Amendment—Weber, 7057 & 7059 Plank Road 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-53/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning Application — Orchard Crest Farms Zoning By-Law No. Z689-2019 B. Report DS-54/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Subdivision Agreement and Rezoning to Remove Holding — Grewal By-Law No. 2019-069 & Zoning By- Law No. Z690-2019 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ministry of Infrastructure re ICIP Rural and Northern Funding Stream Important Information B. Ministry of Municipal Affairs and Housing re Provincial Policy Statement Review— Draft Policies C. City of Stratford re Opposition to Changes in 2019 Provincial Budget and Planning Act D. Municipality of McDougall resolution in support of Township of Warwick resolution re Enforcement for Safety on Family Farms E. Township of McKellar re Municipal Amalgamation F. Town of Halton Hills resolution re Reducing Litter and Waste in Our Communities 2 2019 Council Agenda August 15, 2019 G. Elgin County Council Draft Minutes of meeting held July 9, 2019 H. Municipality of Bayham August 2019 Newsletter I. Municipality of Bayham Notice re Proposed Closure of a Highway— Otter Street (also known as Valley Lane) J. Notice re Fred Bodsworth Public Library Grand Reopening K. Notice re Port Burwell Marine Museum & Lighthouse Display at Queen's Park Toronto 11.1.2 Requiring Action A. Bob & Sue Drayson request re Fence By-law B. Elgin County re new exterior signage for Fred Bodsworth Public Library of Port Burwell C. Lighthouse Gospel Church request to use the Memorial Park in Port Burwell 11.2 Reports to Council A. Report CAO-45/19 by Paul Shipway, CAOICIerk re Water St. - Vienna B. Report CAO-46/19 by Paul Shipway, CAOICIerk re Rural Economic Development (Red) Program C. Report CAO-48/19 by Paul Shipway, CAOICIerk re Municipal Sale & Disposition of Land By-law— Road Allowances 12. BY-LAWS A. By-Law No. Z689-2019 Being a by-law to further amend By-Law No. Z456-2003 — Orchard Crest Farms Ltd. (This by-law follows the recommendation in Report DS-53/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of August 15, 2019) B. By-Law No. Z690-2019 Being a by-law to further amend By-Law No. Z456-2003 — Grewal (This by-law follows the recommendation in Report DS-54/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of August 15, 2019) C. By-Law No. 2019-069 Being a by-law to authorize the execution of a subdivision agreement between Nariender Singh Grewal and the Corporation of the Municipality of Bayham, to provide for the development of four severed lots on Sandytown Road, Village of Straffordville, Municipality of Bayham (This by-law follows the recommendation in Report DS-54/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of August 15, 2019) 3 2019 Council Agenda August 15, 2019 D. By-Law No. 2019-070 Being a by-law to authorize the execution of a land licence agreement between the Municipality of Bayham and North Frontenac Telephone Elgin Corp. E. By-Law No. 2019-071 Being a by-law to authorize the execution of a municipal access agreement between the Municipality of Bayham and North Frontenac Telephone Elgin Corp. F. By-Law No. 2019-072 Being a by-law to repeal By-Law No. 2015-093 (Agreement No. 0554) a by-law to authorize the execution of an agreement between the Municipality of Bayham and Can Sweep for the provision of Roadside Grass Cutting Services G. By-Law No. 2019-073 Being a by-law to amend By-Law No. 2018-095 (Agreement No. 0677) a by-law to authorize the execution of an agreement between the Municipality of Bayham and Underhill Trucking Ltd. for various works associated with construction and operational maintenance activities 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. Ms. Bev Howes request for signage at the corner of Calton Line and Plank Road to identify the location as Froggett's Corner B. Ms. Cheryl Wardle request for increased grass cutting frequency at the Richmond Community Park C. Municipal Drainage Process 14.1 In Camera A. Confidential Report regarding advise that is subject to solicitor-client privilege, including communications necessary for that purpose; 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 (Municipal Drainage) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-074 Being a by-law to confirm all actions of Council 16. ADJOURNMENT 4 A LUS Canada Long Point Region ALLIS• ELGIN Conservation Authority A Weston Family Initiative f • • • Erosion comes in many forms in Elgin County and has a large impact.This photo shows the erosion along the shoreline in Malahide Township. WHO IS ALUS ELGIN? ALU ' • a community within ALUS CCanada Canada LPRCA PAC • a program of the Long Point Region Conservation • delivered by the Authority Partnership Advisory Committee ALUS Elgin is three parts:the overarching entity ALUS Canada,the legal entity, LPRCA and the ALUS communities Partnership Advisory Committee. WHERE IS ALUS ELGIN? 1 2 3 4 5 6 7 a 0 '0 4 �uncoe , / \ .y4,- -_ ._) � 1 NwHmY.YtF \- � � 1 � 2 Z / _ 9/ - frT,wc. .tram rm... - 2 . ty,F,-. . ,t, ii, '"a ° �. 'Raten Rai N j It 1 A 'F M :100C1: 000 -.......d 1 2 3 4 5 6 7 a 9 11111114111. ALUS planted its roots in Elgin County in 2012. Beginning as a pilot project in Bayham the program expanded in 2016 to include the rest of Elgin County. WHAT DOES ALUS DO? ALUS WORKS WITH LOCAL FARMERS AND RANCHERS TO MEET THE ENVIRONMENTAL NEEDS OF THE COMMUNITY AND PROVIDES FARMERS WITH AN ANNUAL PAYMENT THAT SUPPORTS THEM IN MAINTAINING HABITATS AND ECOLOGICAL SERVICES OVERTIME. 35 2 t 3i. r IP We build a healthier environment by integrating habitats and erosion controls on marginal,ecologically sensitive and inaccessible parcels of farmland. _ ..,. ......_ -._•.•ir „or .-Yd 4111. - '''''''''''';:'. -. 'de. ..?-.4\--:::.*''.--:1--Vr- .-r ",:,- " 1 ..-' • .." .'3 •.'. :.3- - - '''— ''-- Grassland __.,.. ,._•,.. _ , .., T.,.... _ ,..r . . _. _ ::::-__ _•_,_ - , , _,,,,,_ • _ _..,._ _ .0.'---- ... ""--.- '-i7:-..-4,- - -;,..,:,-, _.- - -.: -•-'-----'7-.f: -_-*1.1.''''V4e—---; .'- .,--.?4'_0- Atop /•- -. ---- --------,:-;--- .....s.- -- , . -- —- .- _ ..= • -f_In -•' ----".r . . -'2" 'N. ... ---- ''..:. : -.-v• - le"rf."7- .— . w- 54 projects -"iv. - riliplit..21!'&, , :,-, 2'7-, ' ''''. ,....".•--"'..-.4. dilf"!1'44k, - - - -- . - ;..,e11.1;dil;A, et F'r.-• ---- ...K.k-- .. • - ''''----''''. `-'-' ‘ _ -.. — .. ' . o,4‘, ,•orry' , 1 93 acres ,_,..... _ ..rAirt6i.-_ - .. _ , .....„ , , • .„, .: .,. ,..„.. _ ..... ..41_,A,tvli., ir ;:g.." ----'legi4 - A 4 -` • • - ' ...1.-• * •, '71011t:' ' . "' ,41.dp: :.A1'. ' ..1 T 1 t:Werd7 _ 3.1 X4411,011g.ft- 49111 . 4111•01111.4 ......A-- .- '• , .L... .: „ tP. , , ... -. .._.-... .. • ' . - ' _ - . .421,—Irt liii*. aliiI4‘' _ —Iv, in -. i . — , ...... 111 t.":":-'': ' C.„.. i - • -, 41,-,... , • lb- \All* 'Iv —1 • \ \t t .04 .,... 441111111tS .• .. .mVIC:‘'........ " . b - •••-.. - , Sc- . 45 projects Weti Wetland 43 acres .„ tiiiif/k/ifi* r 4 f .f mT a ,- 1, ijF , Arrt T' N � q �I`' +''�� �-•.d,s � Ste��-' 401;it :�x 1 rnr , • , ` rc - - 3� Ss '� �, krff ,i.4-1k- r r r Ir r 4,, t7Jws NI S' ` ipI �'c ,^ - I. In , ` !1 :mayrjr , •';� 7 � • • CJS 1$ w • -0' a ov1ie6,./.4-.8e2,,:,--7,'1,.•-..-.0 .l','1 • . 4,.., .... >4lyky\ / 1 mss' . :,;..:'hI_.,. S' /_ ' b �F6�y 1 E, n�`+`,;. i . i' .,. ;:y _7 Vin" _ 5'4...• .'- ,'• .. ,.. ■ 43 projects Reforestation 120 acres • s ` 4�, n yr 14,,..., t -s 1. �' �- a -i"- s ...i...44-_.:a r.-...0.. ..... �'.._r • '. r -``@' � •t A•r.. .r'-t'L - . 5- d �(4•f � .4 •., ti `-" ;.,1 ___ r Y - C f ♦. / �. • Ccs - +... . A's,• �1Ti k- '�.. . 4# -.4, r " -syxT.,r...•.:,•-4;- ; � ' ° y. , 4, -,:,,,,.......-e;. ` �r ty'r ,+ft a • ,. akx x.+b+ a" _. _ » _,. ..ua'c . ...---7--,' . 7-- - S a ,a. er4;,. k' -' x e ` 4(. ,f..- - t � - r1 • �� 1, i . t ;... .11'n:! __�, , • 2 projects RI, odified t 24 acres . . ,. _rt • -r' yP 1 �r r "—� t .-, IL 1 6 rl4_'lir�r1 fi �. 'IS. ,� '; A f i 1 • ; - ( .0; 1 T Y' .,t-14 ' 1 ? 1 ° ' .S. 1 f. r'.y S,r re ^ t y 1 i yi R - 11 ;r�i�� _ r S, y r� y,� �. •,,,-1,,,• �., /�,t'C �tA;i '„ ! 'k,, .., ,.',d' � 1 • ?,.^. } l.''"qt.1� }{e 1 �1} 'rl p'' �._1 � , `y;1r'5, fi•'1 �i'ii'3�, y �y�+ 1' .�:; f ir Isf. Vi'''; i ' T p S r y „',r y .,..,...r,,!,,, y, M` 1r4� ; a , , t.I} �r# -, k y it.�� t \ 1.4, �,,,\`,,,:\;-•/,' ,7'4*,., � ..� Y ' V - `t r i sr�,S 1; }.r.��. _ � y '. y, 3 k\I r' ✓. ,1 ; y�i i / h �' I ..,/,,w...„-, � 1 r f � , /• s1� o _ + P , ; : ,1 .\, .j ±� ,� • "r l •`, I ! - Jf`r ,:,P r l , r , r�VT fi,,, ;' " Y1 - .1A1.5t134 • 'i ' � • .II ..' yli .Pf... , --.--, it-. zt.....- 1 .;, • ' 1:1 tti ' " s .� • `7:er •;‘, F! �4 � rtJV . I 4.11-1110ftillattillilligINIMIONk,„ ,.•., . d'� , �•���', `4.1,11 1,....q`�� .��;II ,Ltiri ;orf i r. r . • , ;"f-.. ,, .• ''•a 1° i` r •. . Ise! 1‘... �` (I 4 yJ• ...�.ti • :" • r' + fir • r A 3 1 1 .•+ A !'_ • Jr 1/ 5 R� •J 1 N � •,•1/4� 8 �$3 '� S � to rr sre. r_ - - s y' • � .y� "f•"Jrle •c,�. s . r �• � r• try �K••r V'N I •;),,:,,N:'':„.'r r1' y - vrr r,i'� s ,,',,,4,.,‘f! s s, f•,r� i s:: I*i& Lk i + I• t� t�^ �� r .• f' .,•--r rol'. ' .s n w.'els•, 1 � s �r •�l•?� •�•� Ijri' ',‘',,O, .i 1 rlZ f 1 ji. -Y Y 1'Ii •p.b �_i1 , •. • /- l / i �ppe�k���t O,1y ,e r + !� 1 i n Ct "t. - • '}'�Yr i 1' 7 i r•. ,r _ il`h,{1:;8 P' , d�, § rs'" "' �s ry.�2ti v d rA ,r�?.:�'i v '�+ �t,•j �{� �� r rt; ti R • e K2nl �1,� 1E $ ,E t t• ,, t, 4f� 1 x :Is • r�.. �. :�. r�' �,, 4• 9'i': ,,E r r I • ,d, ti �°� ��� r uS�i y � �1 iq ql /,�a 1 °t I 1 fi▪ t`•N��k;' !y irk'I;y �,� - .�. _ 11114,' s. ail;7, � iw tt• 4}' 44. /f Fu.,-',,:,;..7..2,-, ! ='F' 1 p 4?'�. \l .i iVr. 1 . ; i``. ;05t. ...N r t 41 ,Sh �'f• Yee 3 �, +� ,4fiJ1 ��aSy&�,. .0*`..,,15 ... ?', �,r:,'..P 64f�1 444 ir• �yi1' usq ,4rg�44li g 9rs t rc. +, ly 'u'.,l�L'7 r r Sjy^A { wA Rii 0'0,If'A l! c r ALUS - LGIN TIMELINE 2013 2014 2015 2016 4 participants 7 participants 4 participants 16 participants 10 projects 17 projects 9 projects 44 projects 12 acres 17 acres 31 acres 119 acres 2017 2018 Total 25 participants 22 participants 63 participants 43 projects 45 projects 144 projects 94 acres 128 acres 380 acres ALus ELGIN p 7 0 JEcTs .. i t • • r k ' + ' . • 5 10- k- . - ),-,,,,_ $4, illArr Y 111.V..- • r. +� Ilk . .-4 ��77 t 00 „. i' ,-1-(.A.6 "-- N-- • Total ' 63 participants Legend E inCounty_DBO_Water_Line c 144 projects Watershed_Pro; _pt ".er i a I_Photog raphy_SWOOP_2015 380 acres We build a healthier environment by integrating habitats and erosion controls on marginal,ecologically sensitive and inaccessible parcels of farmland. ALUS BAYHAM TIMELINE 2013 2014 2015 2016 4 participants 7 participants 4 participants 4 participants 10 projects 17 projects 9 projects 12 projects 12 acres 17 acres 31 acres 38.4 acres 2017 2018 Total 5 participants 9 participants 33 participants 10 projects 16 projects 74 projects 16.36 acres 29.66 acres 116.42 acres k _ '1; :11 a • E 4,4 2018 ANNUAL WETLAND PLANTING DAY IN BAYHAM ai • - • - . , — R i � meq., +a thin 1 a i '.(,.-t Ali,, :' k - ' 4' cl I gyp, , - �Ydk` d a yy 4...N...,-/...--4,,,,. _ i r ''''' - ....,,,,,' . 441,,Te-,,-*" , -trh:4'''t.4" ''''''. 161,:t k5".;1 ttth.f:Ve"-.., ' -•''4.,..Z... r,,k1.; ii.. , 7/ k r- * , --ii ri if_r,,_ ,_ti 1,. ii 1 ' n. 1C - " aF. e`! 2016 ANNUAL ENVIRONMENTAL o r STEWARDSHIP TOUR IN BAYHAM G¢ . J ALUS ELGIN IS GENEROUSLY SUPPORTED BY: THE W. GARFIELD WESTON ---7---=)))---- F 0 U N D A T I 0 N --=- This project was undertaken with the financial support of: 1 Ce projet a eta realise avec I'appui financier de: ( • ?IP PIEnvironment and Environnement et � Ontario Climate Change Canada Changement climatique Canada 1,/ ' �����a Comm unityFof�, �� OntarioFondation OVA [41 (-(11P. ' •,- Trillium � � Trillium nao e'Foundavn Foundation de ('Ontario O ,f' e Alt 1 THANK YOU Alyssa Cousineau ALUS Elgin Program Coordinator (519) 842-4242 x 263 aluselgin@lprca.on.ca "Conservation will ultimately boil down to rewarding the private landowner who conserves the public interest." -Aldo Leopold 1 Port Burwell Historical Society, PO Box 10, Port Burwell, ON N0J1T0 To: Bayham Council From: Port Burwell Historical Society,Wheelhouse Committee Date: August 5, 2019 Re: Delegation to Council August 15, 2019 In the three years since Council approved the placement of the Wheelhouse on the Marine Museum property, municipal staff and the Wheelhouse Committee have worked collegially and effectively on the many compliance details of the project. The attached provides background information about the Society's request to Council: 1. That Council reimburse the Society the Variance Fee ($2000.) and Building Permit Fee ($352.) assessed the Society for the installation of the Wheelhouse. 2. That Council fund the installation of insulation and basic electrical service (estimated cost$4200-$8600). Variance Fee and Building Permit The Historical Society has exercised complete fiscal responsibility throughout this project and continues to do so. Since 2014, we have raised and dispersed $26,920 in cash to acquire, move and restore the Wheelhouse in preparation for donating it to the Municipality on completion. In addition, we have procured over$15,000 in donations-in-kind for professional services, material and labour. The Society is financially solvent with no past invoices outstanding. We continue to work on the restoration in the same steady way. Concurrently, our small Society recently pulled off another successful Canada Day celebration for the Bayham community,which involved raising and dispersing$2600, including a fourth spectacular Harvard flypast. As per the previous Council's requirements for the Wheelhouse project,the Municipality has recently invoiced the Society$2136.44 for sidewalk reconstruction, which will be paid as soon as possible. (The ample assets in the Society's lottery trust account may not be used for municipal enhancements.) The Municipality's variance and building fees account for 8.7%of the$26,920 in cash expenditures on the project to date. When the sidewalk and enhanced foundation requirements are included, expenditures to meet municipal requirements rise to over$14,000 (52%) of cash expenditures. (Donations-in-kind by professional firms for the required site plans and engineered drawings are not included in these figures.) The Historical Society has acted in good faith on all of these compliance matters; and it is in this spirit that we ask Council to reconsider the previous Council's assigning to the Historical Society a variance fee on the Municipality's own property and a building permit charge on a structure that the Municipality will own. Insulation and Electrical The Committee is now ready to install the ground-floor interior walls and ceiling. Before that proceeds, and in conversation with municipal staff, we have come to recognize significant opportunity in the Wheelhouse's location adjacent to the Marine Museum entrance. Insulation and electrical would considerably enhance the value and usability of the interior. Spray foam will prevent rust from forming on the interior of the metal hull with seasonal temperature and humidity changes. Basic lighting and outlets will transform it, at relatively minor cost, into needed Museum space that is in keeping with the Museum's mandate. (The Society's original proposal included a steel frame and catwalk floor rather than the poured foundation structure, now in place, which is capable of supporting access to the interior.) 2 It can provide inclement weather backup for children's summer programs; program and meeting space— separate from exhibit space—for staff,the Historical Society and other municipal and community groups; and revenue-generating potential for meeting and event rentals. The Historical Society had an opportunity to use it for inclement weather relief during its yard sale in May. Visitors that day were impressed by the interior space; two young people mentioned they would love to be married in the wheelhouse; others mentioned family birthday parties at the Museum. There is no other meeting space of this practical, small size in the community, and certainly none with such character—and so easily monitored by the Museum facility's staff. Spray foam is$1/square foot for each inch of insulation. For this area of 1600 square feet: 1"-$1600; 2"- $3200; 3"-$4800. Electrical materials and labour (2 electricians, 2 days) = $3800;this could be reduced by one day of labour($1200) if Historical Society volunteers install the cable. Conclusion For 25 years,the Port Burwell Historical Society has raised funds in order to acquire artifacts to donate to the Port Burwell Marine Museum, as well as audiovisual equipment, cameras,the mariner's tower and the Robinson Street mural. More than half the artifacts in the museum are Historical Society donations. In recent weeks, the Historical Society has come into possession, by donation, of a large and significant painting— appraised at$4500—by Tom Roberts (1909-1998; OSA, RCA)—of the self-unloading 'Valley Camp' coal ship which delivered thousands of tons of coal to Port Burwell Harbour. Members also donate hundreds of volunteer hours assisting the Municipality in the care and upkeep of the museum building. The George Barnes Wheelhouse is the Society's most ambitious donation to date. Restoration is progressing well,with the exterior metal skirting, roof antennae and interior stairs installed this year. Framing of the ground floor interior is underway. Cleaning and refinishing of the pilot room is about to begin; and a professional painter is donating his time and expertise to paint the exterior this fall. An unexpected opportunity arose in June to purchase a solid brass ship's helm for the pilot room, and a donor stepped up; the helm is on display in the Marine Museum until the pilot room is fully refinished. The Society will continue to fund-raise and acquire relevant artifacts to donate to the Wheelhouse after the restoration and donation to the Municipality is complete. There are now 54 individuals, families, businesses and granting agencies to be recognized—in categories ranging from $20-$100 to$10,000 plus—on the donor plaque which will be installed when the finished Wheelhouse is turned over to the Municipality of Bayham: over$40,000 in cash, materials and professional services. We are confident that the Municipality will want to appear prominently among these contributors. With sincere thanks for your support and attention, Ron Bradfield, Chuck Buchanan, Susan Start, Albert White THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, July 18, 2019 7:00 p.m. 7:30 p.m. — Public Meeting — Planning — Orchard Crest Farms Ltd. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE ABSENT: COUNCILLOR SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL 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 A. Item 12-H By-Law No. 2019-066 to be replaced by amended By-Law No. 2019-066 at the request of the County of Elgin 4. ANNOUNCEMENTS A. Councillor Donnell reported on the interesting guided walking tour hosted by the Bayham Historical Society on July 14, 2019. B. Councillor Donnell advised the Edison Mystery Cruise hosted by the Bayham Historical Society is scheduled for July 20, 2019. 5. DELEGATIONS A. None. 2019 Council Minutes July 18, 2019 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held June 20, 2019 B. Committee of Adjustment held June 20, 2019 re 2210064 Ontario Inc. VanRoboys C. Committee of Adjustment held June 20, 2019 re Murray D. Statutory Planning Public Meeting held June 20, 2019 re Robert, Andrew and John Lama 12 Elizabeth Street E. Statutory Planning Public Meeting held June 20, 2019 re 1841449 Ontario Inc. Pedro Dyck 7855 Plank Road F. Statutory Planning Public Meeting held June 20, 2019 re 1841449 Ontario Inc. Pedro Dyck 6978 Plank Road G. Statutory Planning Public Meeting held June 20, 2019 re Official Plan Amendment Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the minutes of the Regular Meeting held June 20, 2019, Committee of Adjustment held June 20, 2019 re 2210064 Ontario Inc. VanRoboys, Committee of Adjustment held June 20, 2019 re Murray, Statutory Planning Public Meeting held June 20, 2019 re Robert, Andrew and John Lama 12 Elizabeth Street, Statutory Planning Public Meeting held June 20, 2019 re 1841449 Ontario Inc. Pedro Dyck 7855 Plank Road, Statutory Planning Public Meeting held June 20, 2019 re 1841449 Ontario Inc. Pedro Dyck 6978 Plank Road and Statutory Planning Public Meeting held June 20, 2019 re Official Plan Amendment 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 2 2019 Council Minutes July 18, 2019 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Orchard Crest Farms Ltd., 55957 Green Line Proposed Zoning By-law Amendment Moved by: Councillor Froese Seconded by: Councillor Donnell THAT correspondence item 10.1.1-A be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-45/19 by Bill Knifton, Chief Building OfficiallDrainage Superintendent re 2nd Quarter Report Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT report DS-45/19 re the activities of the Building Services & Drainage Department for the second quarter of 2019 be received for information. CARRIED B. Report DS-52/19 by Bill Knifton, Chief Building OfficiallDrainage Superintendent re Hildebrandt Drain Award Contract Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-52/19 re Hildebrandt Drain Award Contract be received for information; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Hildebrandt Drain, as submitted by Froese Excavating Ltd, in the amount of $24,840.00+HST, with work to commence on or before August 1, 2019 and be completed on or before August 15, 2019; AND THAT By-Law 2019-065, being a by-law to authorize the execution of contract documents with Froese Excavating Ltd. be presented to Council for enactment CARRIED C. Report DS-46/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Development Agreement— Minor Variance —A-06/19 Murray, 57057 and 57083 Jackson Line 3 2019 Council Minutes July 18, 2019 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Development Agreement with Wm. Dan and Carolyn Murray in accordance with Official Plan Section 2.1.10.1 with the Municipality of Bayham be executed; AND THAT By-Law No. 2019-063 be presented for enactment. CARRIED D. Report DS-47/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Development Agreement— Minor Variance —A-05/19 2210064 Ontario Inc., 56998 and 57064 Heritage Line Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Development Agreement with 2210064 Ontario Inc. in accordance with Official Plan Section 2.1.10.1 with the Municipality of Bayham be executed; AND THAT By-Law No. 2019-064 be presented for enactment. CARRIED E. Report DS-48/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning Application — 1841449 Ontario Inc. (Dyck) Zoning By-Law No. Z687-2019 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-48/19 regarding 1841449 Ontario Inc. (Pedro Dyck) E16/19 rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held June 20, 2019 associated with this application, there were no written submissions and no oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-Law No. Z456-2003, as amended, be further amended by changing the zoning on the lands owned by 1841449 Ontario Inc. described as Concession 5 Part Lot 15 from Agriculture (A1) to Special Agricultural (A2-15) on the retained lands and from Agriculture (A1) to site-specific Rural Residential (RR-39) on the severed surplus farm dwelling portion; AND THAT Zoning By-Law No. Z687-2019 be presented to Council for enactment. CARRIED 4 2019 Council Minutes July 18, 2019 F. Report DS-49/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning Application — 1841449 Ontario Inc. (Dyck) Zoning By-Law No. Z688-2019 Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-49/19 regarding 1841449 Ontario Inc (Pedro Dyck) E17/19 rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held June 20, 2019 associated with this application, there were no written submissions and no oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-Law No. Z456-2003, as amended, be further amended by changing the zoning on the lands owned by 1841449 Ontario Inc. described as Concession 4 Part Lots 16 & 17 from Agriculture (A1) to Special Agricultural (A2-16) on the retained lands and from Agriculture (A1) to site-specific Rural Residential (RR-40) on the severed surplus farm dwelling portion; AND THAT Zoning By-Law No. Z688-2019 be presented to Council for enactment. CARRIED G. Report DS-50/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application — Lama Zoning By-Law No. Z686-2019 Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report DS-50/19 regarding Lama rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held June 20, 2019 associated with this application, there was one written submission received and one oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-Law No. Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Robert, Andy and John Lama described as Concession 1 Part Lot 13 from Mobile Home Park (MH) to Site-specific Mobile Home Park (MH-3); AND THAT Zoning By-Law No. Z686-2019 be presented to Council for enactment. CARRIED H. Report DS-51/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re By-Law No. 2019-066 Community Improvement Plan Policies 5 2019 Council Minutes July 18, 2019 Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-51/19 regarding the Elgincentives CIP Amendments be received for information; AND THAT By-Law No. 2019-066, being a By-law to designate the entirety of the Municipality of Bayham as a Community Improvement Project Area and approve Community Improvement Plan updated March 2019 be presented for enactment. CARRIED Council recessed for the public meeting at 7:30pm and reconvened at 7:39 p.m. 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. City of Hamilton re Proposed Public Health Changes in Ontario B. City of St. Catharines re Free Menstrual Products at City Facilities C. Township of Warwick re Enforcement for Safety on Family Farms D. City of Brantford re Endorsement of LUMCO Resolution regarding Retail Cannabis Stores E. Elgin Group Police Services Board re Provincial Appointees F. Elgin County Minutes of meeting held June 11, 2019 and Draft Minutes of meeting held June 25, 2019 G. AffordAbility Fund Trust re Affordable Energy for Ontarians H. Hydro One Ombudsman re Hydro One Complaints I. Long Point Region Conservation Authority Board of Directors minutes of meeting held June 5, 2019 J. Municipality of Bayham 2019 Capital Works Projects Notice K. Municipality of Bayham Carson Line Temporary Road Closure Moved by: Councillor Donnell Seconded by: Councillor Froese THAT correspondence items 11.1.1-A— 11.1.1-K be received for information. CARRIED 6 2019 Council Minutes July 18, 2019 11.1.2 Requiring Action A. Terry Woods, Kid In A Candy Store Request re candy booth Moved by: Councillor Donnell Seconded by: Councillor Froese THAT request from Terry Woods, Kid In A Candy Store be received for information. CARRIED 11.2 Reports to Council A. Report TR-12/19 by Lorne James, Treasurer re 2019 Q2 Variance Report Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report TR-12/19 re 2019 Q2 Variance Report be received for information. CARRIED B. Report CAO-41/19 by Paul Shipway, CAOICIerk re Capital Item No. WW-1 Wastewater Treatment Plant Energy Upgrades Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-41/19 re Capital Item No. WW-1 Wastewater Treatment Plant Energy Upgrades be received for information; AND THAT staff be directed to proceed as outlined within Report CAO-41/19. CARRIED C. Report CAO-44/19 by Paul Shipway, CAOICIerk re Port Burwell Lighthouse Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-44/19 re Port Burwell Lighthouse be received for information; AND THAT a copy of Report CAO-44/19 be provided to the Museums Bayham Committee for informational purposes; AND THAT Port Burwell Lighthouse capital renovations be referred to 2020 Capital budget deliberations. CARRIED 7 2019 Council Minutes July 18, 2019 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-35/19 by Bill Knifton, Chief Building OfficiallDrainage Superintendent during the Court of Revision of June 6, 2019) Third and Final Reading B. By-Law No. Z686-2019 Being a by-law to further amend By-Law No. Z456-2003 — Lama (This by-law follows the recommendation in Report DS-50/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of July 18, 2019) C. By-Law No. Z687-2019 Being a by-law to further amend By-Law No. Z456-2003 — 1841449 Ontario Inc. (E16/19) (This by-law follows the recommendation in Report DS- 48/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of July 18, 2019) D. By-Law No. Z688-2019 Being a by-law to further amend By-Law No. Z456-2003 — 18414449 Ontario Inc. (E17119) (This by-law follows the recommendation in Report DS- 49/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator during the regular meeting of July 18, 2019) E. By-Law No. 2019-063 Being a by-law to authorize the execution of a Development Agreement between Wm. Dan & Carolyn Murray and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-46/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator at the regular meeting of July 18, 2019) F. By-Law No. 2019-064 Being a by-law to authorize the execution of a Development Agreement between 2210064 Ontario Inc. and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-47/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator at the regular meeting of July 18, 2019) G. By-Law No. 2019-065 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Froese Excavating Ltd. for the provision of drainage works for the Hildebrandt Drain in the Municipality of Bayham pursuant to provisions of the Drainage Act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation in Report DS-52/19 by Bill Knifton, Chief Building OfficiallDrainage Superintendent during the regular meeting of July 18, 2019) H. By-Law No. 2019-066 Being a by-law to designate the entirety of the Municipality of Bayham as a Community Improvement Project Area and approve a Community Improvement Plan (This by-law follows the recommendation in Report DS-51/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of July 18, 2019) I. By-Law No. 2019-067 Being a by-law to authorize the execution of an Intermunicipal Agreement for joint ownership of Fire Communication Equipment between The Corporation of the Municipality of Bayham, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton/Dunwich, 8 2019 Council Minutes July 18, 2019 The Corporation of the Township of Malahide, The Corporation of the Township of Southwold and The Corporation of the Municipality of West Elgin Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT By-Law No. 2019-046 be read a third time and finally passed; THAT By-Laws No. Z686-2019, Z687-2019, Z688-2019, 2019-063, 2019-064, 2019-065, 2019-066, as amended and 2019-067 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS A. None 14. OTHER BUSINESS A. Mayor Ketchabaw discussed the mechanics and procedure for the CAOICIerk performance review. 14.1 In Camera Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council do now rise to enter into an "In Camera" Session at 8:20 p.m. to discuss: • labour relations or employee negotiations; • advice that is subject to solicitor-client privilege, including communications necessary for that purpose; • 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. CARRIED A. Confidential Report regarding labour relations or employee negotiations (CUPE Negotiations) B. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Drainage) C. Confidential Report regarding a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Road Use Agreement) D. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose; a position, plan, procedure, criteria or 9 2019 Council Minutes July 18, 2019 instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Municipal Law Enforcement) 14.2 Out of Camera Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Council do now rise from the "In Camera" session at 9:08 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-068 Being a by-law to confirm all actions of Council Moved by: Councillor Weisler Seconded by: Councillor Donnell THAT Confirming By-Law No. 2019-068 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 9:09 p.m. CARRIED MAYOR CLERK 10 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, July 18, 2019 7:30 p.m. — Orchard Crest Farms Ltd. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE ABSENT: COUNCILLOR SUSAN CHILCOTT STAFF PRESENT: CAOICLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERKIPLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: David Roe John Seldon 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:31 and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by Orchard Crest Farms to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted Orchard Crest Farms Ltd. The purpose of the public meeting is to consider an application to amend the zoning on a 1.3 hectare (3.2 acre, lands to be severed) parcel of land from an Agricultural (A1) zone to a site- specific Rural Residential (RR-XX) zone to permit a single detached dwelling and to prohibit livestock; and to amend the zoning on a 13 ha (32 acre, lands to be retained) farm parcel from Agriculture (A1)to a site-specific Special Agriculture (A2-XX)to prohibit new residential dwellings 2019 Planning Meeting Minutes July 18, 2019 Orchard Crest Farms Ltd. on the site and to recognize the reduced lot area to Zoning By-Law No. Z456-2003. The subject lands are located at 55957 Green Line south side west of Elliott Road. The effect of the 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 and recognize reduced lot area. 5. PUBLIC PARTICIPATION John Seldon inquired about the reduced lot size. David Roe, agent for the applicant advised the reduced lot size is due to the railroad track division. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 7:37 p.m. CARRIED MAYOR CLERK , K F .,', ��rlr�.7� L aro f r.1'.t,r. 4 - ic.;., { 4 S .`! ;d -, Lipr C 1. ".v.., -1Z- .!� �4_'d,1 — jillhillh w""i. lir ---.., . ti/i 0 W &Assatsonociates ECONOMISTS LTD. Water Ontario Regulation 453/07 Financial Plan Municipality of Bayham Financial Plan #061 -301A Watson & Associates Economists Ltd. 905-272-3600 August 1, 2019 info@watsonecon.ca Table of Contents Page 1. Introduction 1-1 1.1 Study Purpose 1-1 1.2 Background 1-1 1.2.1 Financial Plan Defined 1-2 1.2.2 Financial Plan Requirements — Existing System 1-2 1.2.3 Financial Plan Requirements — General 1-3 1.2.4 Public Sector Accounting Board (PSAB) Requirements 1-4 1.2.5 The Municipality's Financial Plan 1-4 2. Sustainable Financial Planning 2-1 2.1 Introduction 2-1 2.2 Sustainable Water and Sewage Systems Act 2-2 2.3 Water Opportunities Act, 2010 2-2 2.4 Infrastructure for Jobs and Prosperity Act (I.J.P.A.), 2015 2-3 2.5 Water Forecast 2-4 3. Approach 3-1 3.1 Overview 3-1 3.2 Conversion Process 3-1 3.2.1 Calculate Tangible Capital Asset Balances 3-1 3.2.2 Convert Statement of Operations 3-2 3.2.3 Convert Statement of Financial Position 3-4 3.2.4 Convert Statement of Cash Flow and Net Financial Assets/Debt 3-4 3.2.5 Verification and Note Preparation 3-6 4. Financial Plan 4-1 4.1 Introduction 4-1 4.2 Water Financial Plan 4-1 4.2.1 Statement of Financial Position (Table 4-1) 4-1 4.2.2 Statement of Operations (Table 4-2) 4-2 Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx de Table of Contents (Cont'd) Page 4.2.3 Statement of Change in Net Financial Assets/Debt (Table 4-3) 4-3 4.2.4 Statement of Cash Flow (Table 4-4) 4-3 5. Process for Financial Plan Approval and Submission to the Province 5-1 6. Recommendations 6-1 Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx List of Acronyms and Abbreviations Acronym Full Description of Acronym MECP Ministry of the Environment, Conservation and Parks MMAH Ministry of Municipal Affairs and Housing O. Reg. Ontario Regulation PSAB Public Sector Accounting Board S.D.W.A. Safe Drinking Water Act T.C.A. Tangible Capital Assets W.O.A. Water Opportunities Act Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx • • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• •• • • • • • • • • • • • • 55 • • • • • • • • • • • • • • • • • •0 • • • • • • •• • • • 0 • • • •• • • • • • •• •• •• • •• • • •• •• • • • • •• • • • 0 • •• • 55 • • • • •• •• • • • • • •• • 00 • • • 00 • • • • • 0000 • 0000 • •0 •• •• •00• • • • ••• •• • 50 •S • • • • •• • • 0 •. • • • •. • • •00 •• 000 .• • • 0 .. •• •00 • • • • • 000 • 000 • • •• •• • •• 004000 •• •• 0000 •• •• • • • • • • 000 • 000 • 55 • • •00041 •S• • • •• •5 • •5 55 • •5 • 55 • • •40 5555 • •• • • •0 004100 •• •• 55 •0040005 • 000 •00000•••00•••••000•••• 004000 • •00000• •• •• 00. 0000••••••• • •0000 0000 000 00000 000 •• •• •000 •55• •0000000. 0000••• 0000. 000 •4000••••• ••••000•••••• 00 ••• 0000• •• • ••• 050 0. 0. 0000. 00• • •0000000••• ••• 5555 ••SSSSSS••••SSS•••SS 00••.•••0•••....•• .55• •SSSS•••• ••...... ......••..4141•••••••••••••4141•••••••..........••...5.......•••.•5.. I. ............••••••........................••••••.....•••.....••...•••.....••• Report Chapter Introduction Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 1 . Introduction 1 .1 Study Purpose The Municipality of Bayham (the Municipality) retained Watson & Associates Economists Ltd. (Watson) to prepare a water financial plan as part of the five submission requirements for the purposes of obtaining a municipal drinking water license as per the Safe Drinking Water Act, 2002. In general, a financial plan requires an in-depth analysis of capital and operating needs, a review of current and future demand versus supply, and consideration of available funding sources. The detailed financial planning and forecasting regarding the Municipality's water systems has been completed based on the Municipality's 2019 Water and Wastewater Rate Study, dated June 14, 2019 (2019 Rate Study). The objective of the report provided herein is to convert the findings of the 2019 Rate Study into the prescribed reporting requirements for a financial plan as defined by Ontario Regulation 453/07 (0. Reg. 453/07). 1 .2 Background The Safe Drinking Water Act (S.D.W.A.), "the Act," was passed in December 2002 in order to address the recommendations made by the Walkerton Inquiry Part II report. Note that S.D.W.A. has been amended several times since 2002. One of the main requirements of the Act is the mandatory licensing of municipal water providers. Section 31 (1) specifically states: "No person shall, a) establish a new municipal drinking water system or replace or carry out an alteration to a municipal drinking water system except under the authority of and in accordance with an approval under this Part or a drinking water works permit; or b) use or operate a municipal drinking water system that was established before or after this section comes into force except under the authority of and in accordance with an approval under this Part or municipal drinking water licence." In order to become licensed, a municipality must satisfy five key requirements as per section 44(1): Watson &Associates Economists Ltd. PAGE 1-1 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 1. Obtain a drinking water works permit. 2. Acceptance of the operational plan for the system based on the Drinking Water Quality Management Standard. 3. Accreditation of the Operating Authority. 4. Prepare and provide a financial plan. 5. Obtain permit to take water. For licence renewals, the application must be accompanied by proof that the financial plan meets the prescribed requirements as per the Act s. 32 (5) 2.ii. The preparation of a financial plan is a key requirement for licensing and as such, must be undertaken by all municipal water providers. 1.2.1 Financial Plan Defined Subsection 30 of the Act provides the following definition of financial plans: "financial plans" means financial plans that satisfy the requirements prescribed by the Minister. 2017, c. 2, Sched. 11, s. 6 (3). As of time of writing, the Sustainable Water and Sewage Systems Act, 2002 has been repealed (see section 2.2 of this report); however, the standards that it directs underpin the specific requirements of s. 30 as they are outlined in O. Reg. 453/07 and which will be examined in detail below. 1.2.2 Financial Plan Requirements — Existing System The O. Reg. 453/07 provides details with regards to the financial plans for existing water systems. The requirements for existing systems are summarized as follows: • Financial plans must be approved by resolution of Council (or governing body); • Financial plans must include a statement that the financial impacts have been considered and apply for a minimum six-year period (commencing in the year of licence expiry); • Financial plans must include detail regarding proposed or projected financial operations itemized by total revenues, total expenses, annual surplus/deficit and Watson &Associates Economists Ltd. PAGE 1-2 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx accumulated surplus/deficit (i.e. the components of a "Statement of Operations" as per the PSAB) for each year in which the financial plans apply; • Financial plans must present financial position itemized by total financial assets, total liabilities, net debt, non-financial assets, and tangible capital assets (i.e. the components of a "Statement of Financial Position" as per PSAB) for each year in which the financial plans apply; • Gross cash receipts/payments itemized by operating transactions, capital transactions, investing transactions and financial transactions (i.e. the components of a "Statement of Cash Flow" as per PSAB) for each year in which the financial plans apply; • Financial plans applicable to two or more solely-owned drinking water systems can be prepared as if they are for one drinking water system; • Financial plans are to be made available to the public upon request and at no charge; • If a website is maintained, financial plans are to be made available to the public through publication on the Internet at no charge; • Notice of the availability of the financial plans is to be given to the public; • Financial plan is to be submitted to the Ministry of Municipal Affairs and Housing; and • The resolution of Council approving the Financial Plan be submitted to the Ministry of the Environment, Conservation and Parks (MECP). 1.2.3 Financial Plan Requirements — General Given that the requirements for a financial plan is legislated under the Act, a financial plan is mandatory for water systems. The financial plans shall be for a forecast period of at least six years but longer planning horizons are encouraged. The ten-year forecast goes above and beyond the minimum requirement. The financial plan is to be completed and approved by resolution of Council or the governing body in accordance with subsection 3(1)1 of O. Reg. 453/07. Confirmation of approval of the financial plan must be submitted at the time of municipal drinking water license renewal (i.e. six months prior to license expiry). A copy of the financial plan will be submitted to the Ministry of Municipal Affairs and Housing (MMAH) and not the MECP; however, MECP may request it in the course of review of the licence renewal. Financial plans may be amended and additional Watson &Associates Economists Ltd. PAGE 1-3 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx information beyond what is prescribed can be included if deemed necessary. The financial plan must contain on the front page, the appropriate financial plan number as set out in Schedule A of the Municipal Drinking Water Licence. 1.2.4 Public Sector Accounting Board (PSAB) Requirements The components of the financial plans indicated by the regulation are consistent with the requirements for financial statement presentation as set out in section PS1200 of the Canadian Institute of Chartered Accountants Public Sector Accounting Handbook: "Financial statements should include a Statement of Financial Position, a Statement of Operations, a Statement of Change in Net Debt, and a Statement of Cash Flow." The format required is to conform to the requirements of PS1200 and PS3150. The financial statements are to be reported on a full accrual accounting basis. The accrual accounting method recognizes revenues and expenses in the same period as the activities that give rise to them regardless of when they are actually paid for. Since an exchange of cash is not necessary to report a financial transaction, the accrual method is meant to provide a more accurate picture of financial position. The accounting treatment of tangible capital assets is prescribed under section PS3150. Tangible capital assets are to be capitalized to ensure an inventory of the assets owned are recorded and to account for their ability to provide future benefits. The Statement of Cash Flow and the Statement of Change in Net Financial Assets/Debt are required statements. The Statement of Change in Net Financial Assets/Debt reports on whether enough revenue was generated in a period to cover the expenses in the period and whether sufficient resources have been generated to support current and future activities. The Statement of Cash Flow reports on how activities were financed for a given period providing a measure of the changes in cash for that period. 1.2.5 The Municipality's Financial Plan The Municipality is currently in the process of renewing the drinking water licenses (061- 101 for the Bayham system and 061-102 for the Richmond system) and the previous version of the financial plan no longer meets the requirements as it must apply to a period of a least six years beginning in the year that the licenses would otherwise expire. Although the Act requires at least six years to be included, this financial plan Watson &Associates Economists Ltd. PAGE 1-4 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx f provides for a ten-year forecast period 2019-2028. This Financial Plan #061-301A is a combined financial plan for both water licences. The Municipality's application renewal deadline is August 30, 2019. Watson &Associates Economists Ltd. PAGE 1-5 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Chapter Sustainable Financial Planning Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 2. Sustainable Financial Planning 2.1 Introduction In general, sustainability refers to the ability to maintain a certain position over time. While the Act requires a declaration of the financial plan's sustainability, it does not give a clear definition of what would be considered sustainable. Instead, MECP released a guideline ("Towards Financially Sustainable Drinking-Water and Wastewater Systems") that provides possible approaches to achieving sustainability. The Province's Principles of Financially Sustainable Water and Wastewater Services are provided below: Principle #1: Ongoing public engagement and transparency can build support for, and confidence in, financial plans and the system(s) to which they relate. Principle #2: An integrated approach to planning among water, wastewater, and storm water systems is desirable given the inherent relationship among these services. Principle #3: Revenues collected for the provision of water and wastewater services should ultimately be used to meet the needs of those services. Principle #4: Life-cycle planning with mid-course corrections is preferable to planning over the short-term, or not planning at all. Principle #5: An asset management plan is a key input to the development of a financial plan. Principle #6: A sustainable level of revenue allows for reliable service that meets or exceeds environmental protection standards, while providing sufficient resources for future rehabilitation and replacement needs. Principle #7: Ensuring users pay for the services they are provided leads to equitable outcomes and can improve conservation. In general, metering and the use of rates can help ensure users pay for services received. Principle #8: Financial plans are "living" documents that require continuous improvement. Comparing the accuracy of financial projections with actual results can lead to improved planning in the future. Watson &Associates Economists Ltd. PAGE 2-1 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Principle #9: Financial plans benefit from the close collaboration of various groups, including engineers, accountants, auditors, utility staff, and municipal Council. 2.2 Sustainable Water and Sewage Systems Act The Sustainable Water and Sewage Systems Act (S.W.S.S.A.) was passed on December 13, 2002. The intent of the Act was to introduce the requirement for municipalities to undertake an assessment of the "full cost" of providing their water and the wastewater services. In total, there were 40 areas within the Act to which the Minister could have made Regulations. It is noted that, the regulations, which accompany the Act, were not issued and the Act was repealed on December 31, 2012. 2.3 Water Opportunities Act, 2010 Since the passage of the Safe Drinking Water Act, changes and refinements to the legislation have been introduced, including the Water Opportunities Act (W.O.A). W.O.A. was introduced into legislation on May 18, 2010 and received Royal Assent on November 29, 2010, as the Water Opportunities Act. The purposes of the Water Opportunities Act are to: foster innovative water, wastewater and storm water technologies, services and practices; create opportunities for economic development and clean-technology jobs; and conserve and sustain water resources. To achieve this W.O.A. provides for the creation of performance targets (financial, operational and maintenance related), which will vary by service type and location and the required submission of conservation and sustainability plans for water, wastewater and stormwater. The sustainability plan in W.O.A. expands on interim legislation for financial plans included in O. Reg. 453/07, to include the following: • an asset management plan for the physical infrastructure; • financial plan; • water conservation plan (for water service only); • a risk assessment; • a strategy for maintaining and improving the services; and Watson &Associates Economists Ltd. PAGE 2-2 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx • additional information considered advisable. Where a Board has jurisdiction over a service, the plan (and any plan amendments) must be approved by the municipality in which the municipal service is provided, before submission to the Minister. The Minister may also direct preparation of joint or partially joint plans. Regulations (still forthcoming) will prescribe details in regard to any time periods or time limits, contents of the plans, identifying which portions of the plan will require certification, the public consultation process (if required), limitations updates and refinements. 2.4 Infrastructure for Jobs and Prosperity Act (I.J.P.A.), 2015 On June 4, 2015, the Province passed the Infrastructure for Jobs and Prosperity Act (I.J.P.A.) which, over time, will require municipalities to undertake and implement asset management plans for all infrastructure they own. On December 27, 2017, the Province of Ontario released Ontario Regulation 588/17 under I.J.P.A. which has 3 phases that municipalities must meet. Every municipality in Ontario will have to prepare a strategic asset management policy by July 1, 2019. Municipalities will be required to review their strategic asset management policies at least every five years and make updates as necessary. The subsequent phases are as follows: • Phase 1 — Asset Management Plan (by July 1, 2021): o For core assets — Municipalities must have the following: ■ Inventory of assets; ■ Current levels of service measured by standard metrics; and ■ Costs to maintain levels of service. • Phase 2 — Asset Management Plan (by July 1, 2023): o Same steps as Phase 1 but for all assets. • Phase 3 — Asset Management Plan (by July 1, 2024): o Builds on Phase 1 and 2 by adding: ■ Proposed levels of service; and ■ Lifecycle management and Financial strategy. Watson &Associates Economists Ltd. PAGE 2-3 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx In relation to water (which is considered a core asset), municipalities will need to have an asset management plan that addresses the related infrastructure by July 1, 2021 (Phase 1). 0. Reg. 588/17 specifies that the municipality's asset management plan must include the following for each asset category: • the current levels of service being provided; o determined in accordance with the following qualitative descriptions and technical metrics and based on data from at most the two calendar years prior to the year in which all information required under this section is included in the asset management plan. • the current performance of each asset category; • a summary of the assets in the category; • the replacement cost of the assets in the category; • the average age of the assets in the category, determined by assessing the average age of the components of the assets; • the information available on the condition of the assets in the category; • a description of the municipality's approach to assessing the condition of the assets in the category, based on recognized and generally accepted good engineering practices where appropriate; and • the lifecycle activities that would need to be undertaken to maintain the current levels of service. Upon completion of the asset management plan for water, the Municipality will need to consider the impacts during the annual budget and forecast process. 2.5 Water Forecast As noted earlier, the Municipality has already completed and approved a 2019 Rate Study in June of 2019. The 2019 Rate Study process is designed to address "full cost" principles and reflect the guiding principles toward sustainable financial planning. As a result of employing this process, the 2019 water budget and ten-year forecast (2020 to 2029), included in the 2019 Rate Study, provides the basis for a sound financial plan for the Municipality's water system by assessing: • A detailed assessment of current and future capital needs including an analysis of potential funding sources; Watson &Associates Economists Ltd. PAGE 2-4 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx f • An analysis of operating costs in order to determine how they will be impacted by evolving infrastructure needs; • A review and recommendation on rates that ensure revenues are equitable and sufficient to meet system needs; and • A public process that involved consultation with the main stakeholders including the Municipality's staff, Council, the general public (specifically the users of the system) and others with the aim of gaining input and collaboration on the sustainability of the water systems. Watson &Associates Economists Ltd. PAGE 2-5 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Chapter Approach Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 3. Approach 3.1 Overview The 2019 Rate Study (along with additional detailed information provided by Municipal Staff) has been used as a starting point to prepare the water financial plan. The Water forecast is prepared on a modified cash basis; therefore, a conversion is required in order to present a full accrual financial plan for the purposes of this report. The conversion process used will help to establish the structure of the financial plan along with the opening balances that will underpin the forecast. This chapter outlines the conversion process utilized and summarizes the adjustments made to prepare the water financial plan. 3.2 Conversion Process The conversion from the existing modified cash basis found in the 2019 Rate Study to the full accrual reporting format required under O. Reg. 453/07 can be summarized in the following steps: 1. Calculate Tangible Capital Asset Balances 2. Convert Statement of Operations 3. Convert Statement of Financial Position 4. Convert Statement of Cash Flow and Net Assets/Debt 5. Verification and Note Preparation 3.2.1 Calculate Tangible Capital Asset Balances In calculating tangible capital asset balances, existing and future purchased, developed, and/or contributed assets will need to be considered. For existing water assets, an inventory has already been compiled and summarized by the Municipality for the purposes of their annual PSAB 3150 compliance process. As required, for PSAB 3150 reporting purposes, the asset inventory listing included historical cost (which is the original cost to purchase, develop, or construct each asset) along with an estimated Watson &Associates Economists Ltd. PAGE 3-1 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx useful life for each asset and any anticipated salvage value is recorded. The following calculations are made to determine net book value: • Accumulated amortization up to the year prior to the first forecast year. • Amortization expense on existing assets for each year of the forecast period. • Acquisition of new assets for each year of the forecast period. • Disposals and related gains or losses for each year of forecast period. Future water capital needs have also been determined and summarized within the 2019 Rate Study. These estimates, however, only represent future assets that the Municipality anticipates purchasing or constructing without consideration for future assets that are contributed by developers and other parties (at no or partial cost to the Municipality). These contributed assets will form part of the infrastructure going forward in terms of the sustainability of the system and despite their non-monetary nature; future financial plans may need to be adjusted in order to properly account for these transactions. Once the sequence and total asset acquisition has been determined for the forecast period, annual amortization of these assets for each year is calculated in a similar manner as that used for existing assets. Once the historical cost, accumulated amortization, and amortization expenses are calculated as described above, the total net book value of the tangible capital assets can be determined and recorded on the Statement of Financial Position. 3.2.2 Convert Statement of Operations A wide range of adjustments will be considered, dependent on the size and complexity of the systems, in order to convert from the cash to full accrual basis (see Figure 3-1). For example, debt repayment costs relating to the principal payment portion only needs to be removed under the accrual basis, as they no longer qualify as an expense for reporting purposes. Principal payments are reported as a decrease in debt liability on the Statement of Financial Position. Transfers to and from reserves are removed as these transactions are represented by changes in cash and accumulated surplus. Finally, expenses relating to tangible capital assets, such as amortization, write-offs, and (gain)/loss on disposal of assets are reported on the Statement of Operations in order to capture the allocation of the cost of these assets to operating activities over their useful lives and therefore are added in under the accrual basis. Watson &Associates Economists Ltd. PAGE 3-2 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Table 3-1 Conversion Adjustments Statement of Operations Budget Adjustments Full Accrual Modified Cash Basis Budget Accrual Basis 2019 DR CR 2019 Revenues Revenues Base Charge Revenue 160,804 160,804 Base Charge Revenue Rate Based Revenue 593,536 -- 593,536 Rate Based Revenue Other Revenue 67,800 15,845 83,645 Other Revenue Total Revenues 822,140MIR' — 837,985 Total Revenues Expenditures Expenses Operating 686,644 51,000 737,644 Operating Expenses Capital Transfers to Reserves 135,496 135,496 Transfers to Capital - - Debt Repayment(Principal&Interest) - - - Interest on Debt 92,559 92,559 Amortization Total Expenditures ' 822,140 830,203 Total Expenses Net Expenditures - 7,782 Annual Surplus/(Deficit) Increase(decrease) in amounts to be recovered 4,283,423 Accumulated Surplus/(Deficit), beginning of year Change in Fund Balances - 7,782 - 4,291,205 Accumulated Surplus/(Deficit), end of year TOTAL ADJUSTMENTS 151,341 151,341 Note: The combined adjustments above should be balanced and net to$0(i.e. Total DR=Total CR) Watson &Associates Economists Ltd. PAGE 3-3 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx f 3.2.3 Convert Statement of Financial Position Once the Statement of Operations has been converted and the net book value of tangible capital assets has been recorded, balances for the remaining items on the Statement of Financial Position are determined and recorded (see Figure 3-2). The opening/actual balances for the remaining accounts such as accounts receivable, inventory, accounts payable, outstanding debt (principal only), are recorded and classified according to the structure of the Statement of Financial Position as outlined in PS 1200. It is acknowledged that some of the balances required on the Statement of Financial Position will be consolidated across the Municipality and as such, will be difficult to isolate the information that is relevant to water. An example of this is accounts receivable, which may be administered centrally by the Finance Department. Ontario Regulation 453/07 allows for the exclusion of these numbers if they are not known at the time of preparing the financial plan. Please refer to the Financial Plan Notes in Chapter 4 for more details. 3.2.4 Convert Statement of Cash Flow and Net Financial Assets/Debt The Statement of Cash Flow summarizes how the Municipality financed its activities or in other words, how the costs of providing services were recovered. The statement is derived using comparative Statement of Financial Position, the current Statement of Operations and other available transaction data. The Statement of Change in Net Financial Assets/Debt is a statement which reconciles the difference between the surplus or deficit from current operations and the change in net financial assets/debt for the year. This is significant, as net debt provides an indication of future revenue requirements. In order to complete the Statement of Net Financial Assets/Debt, information regarding any gains/losses on disposals of assets, asset write-downs, acquisition/use of supplies inventory, and the acquisition use of prepaid expenses is necessary, (if applicable). Although the Statement of Change in Net Financial Assets/Debt is not required under O. Reg. 453/07, it has been included in this report as a further indicator of financial viability. Watson &Associates Economists Ltd. PAGE 3-4 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx f Table 3-2 Conversion Adjustments Statement of Financial Position Budget Adjustments ull Accrual Modified Cash Basis Budget Accrual Basis 2019 DR C' 2019 ASSETS ASSETS Financial Assets Financial Assets Cash 752,261 752,261 Cash Accounts Receivable 116,891 116,891 Accounts Receivable Total Financial Assets 869,152 869,152 Total Financial Assets Non-Financial Assets Inventory of Supplies - - Prepaid Expenses - - Total Non-Financial Assets - LIABILITIES Liabilities Accounts Payable&Accrued Liabilities 61,051 61,051 Accounts Payable&Accrued Liabilities Other - - Other Total Liabilities ' 61,051 61,051 Total Liabilities Net Assets/(Debt) I MP 808,101 808,101 Net Financial Assets/(Debt) Non-Financial Assets 3,534,104 51,000 3,483,104 Tangible Capital Assets 3,483,104 Total Non-Financial Assets Municipal Position Water Reserves 808,101 808,101 Total Municipal Position 808,101 4,291,205 4,291,205 Accumulated Surplus/(Deficit), end of year TOTAL ADJUSTMENTS 4,342,205 4,342,205 Note: The combined adjustments above should be balanced and net to$0(i.e. Total DR=Total CR) Watson &Associates Economists Ltd. PAGE 3-5 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 3.2.5 Verification and Note Preparation The final step in the conversion process is to ensure that all the statements created by the previous steps are in balance. The Statement of Financial Position summarizes the resources and obligations of the Municipality at a set point in time. The Statement of Operations summarizes how these resources and obligations changed over the reporting period. To this end, the accumulated surplus/deficit reported on the Statement of Financial Position should equal the accumulated surplus/deficit reported on the Statement of Operations. The Statement of Change in Net Financial Assets/Debt and the Statement of Financial Position are also linked in terms of reporting on net financial assets/debt. On the Statement of Financial Position, net financial assets/debt is equal to the difference between financial assets and liabilities and should equal net financial assets/debt as calculated on the Statement of Net Financial Assets/Debt. While not part of the financial plan, the accompanying notes are important to summarize the assumptions and estimates made in preparing the financial plan. Some of the significant assumptions that need to be addressed within the financial plan are as follows: a) Opening cash balances — Opening cash balances are necessary to complete the Statement of Cash Flows and balance the Statement of Financial Position. Preferably, opening cash balances should be derived from actual information contained within the Municipality's ledgers. However, it may not be possible to extract this information from the ledgers for water alone; therefore, a reasonable proxy will be needed. One approach is to assume that opening cash balances equal ending reserve and reserve fund balances from the previous year adjusted for accrual-based transactions reflected by accounts receivable/payable balances. The following equation outlines this approach: Ending Reserve/Reserve Fund Balance Plus: Ending Accounts Payable Balance Less: Ending Accounts Receivable Balance Equals: Approximate Ending Cash Balance Watson &Associates Economists Ltd. PAGE 3-6 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx f b) Amortization Expense — The method and timing of amortization should be based on the Municipality's amortization policy. c) Accumulated Amortization —Will be based on the culmination of accumulated amortization expenses throughout the life of each asset however derived, along with information on construction/acquisition date and useful life obtained from the capital asset listing provided. d) Contributed Assets —As noted earlier, contributed assets could represent a significant part of the Municipality's infrastructure acquisitions. As such, a reasonable estimate of value and timing of acquisition/donation may be required in order to adequately capture these assets. In the case where contributed assets are deemed to be insignificant or unknown, an assumption of "no contributed assets within the forecast period" will be made. e) Accumulated Surplus — The magnitude of the surplus in this area may precipitate the need for additional explanation especially in the first year of reporting. This Accumulated Surplus captures the historical infrastructure investment which has not been reported in the past but has accumulated to significant levels. It also includes all water reserve and reserve fund balances. f) Other Revenues —Will represent the recognition of revenues previously deferred (i.e. development charge revenues) and/or accrued revenues (developer contributions), and/or other minor miscellaneous revenues. Watson &Associates Economists Ltd. PAGE 3-7 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Chapter Financial Plan Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 4. Financial Plan 4.1 Introduction The following tables provide the complete financial plan for the Municipality's water systems. A brief description and analysis of each table is provided below. It is important to note that the financial plan that follows is a forward look at the financial position of the Municipality's water systems. It is not an audited document' and it contains various estimates as detailed in the "Notes to the Financial Plan" section below. 4.2 Water Financial Plan 4.2.1 Statement of Financial Position (Table 4-1) The Statement of Financial Position provides information that describes the assets, liabilities, and accumulated surplus of the Municipality's water systems. The first important indicator is net financial assets/(debt), which is defined as the difference between financial assets and liabilities. This indicator provides an indication of the system's "future revenue requirement." A net financial asset position is where financial assets are greater than liabilities and implies that the system has the resources to finance future operations. Conversely, a net debt position implies that the future revenues generated by the system will be needed to finance past transactions, as well as future operations. Table 4-1 indicates that in 2019, the Municipality's water system was in a net financial asset position of $808,101. The financial plan forecasts a net financial asset position for each year of the forecast period, increasing to a net financial asset position of $1 .45 million by 2029. Another important indicator on the Statement of Financial Position is the tangible capital asset balance under section PS3150. As noted earlier, providing this information is a requirement for municipalities as part of PS3150 compliance and is significant from a financial planning perspective for the following reasons: • Tangible capital assets such as watermains and treatment facilities are imperative to water service delivery. 1 O. Reg. 453/07 does not require an audited financial plan. Watson &Associates Economists Ltd. PAGE 4-1 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx • These assets represent significant economic resources in terms of their historical and replacement costs. Therefore, ongoing capital asset management is essential to managing significant replacements and repairs. • The annual maintenance required by these assets has an enduring impact on water operational budgets. In general terms, an increase in the tangible capital asset balance indicates that assets may have been acquired either through purchase by the municipality or donation/ contribution by a third party. A decrease in the tangible capital asset balance can indicate a disposal, write down, or use of assets. A use of assets is usually represented by an increase in accumulated amortization due to annual amortization expenses arising as a result of allocating the cost of the asset to operations over the asset's useful life. Table 4-1 shows tangible capital assets net book value is expected to decrease over the forecast period of approximately $975,000. This indicates that the Municipality continues to write down and continue to use the existing assets over the forecast period. 4.2.2 Statement of Operations (Table 4-2) The Statement of Operations summarizes the revenues and expenses generated by the water system for a given period. The annual surplus/deficit measures whether the revenues generated were sufficient to cover the expenses incurred and in turn, whether net financial assets have been maintained or depleted. Table 4-2 illustrates the ratio of expenses to revenues, although fluctuating to some extent, fluctuating slightly over the forecast period with an increase from 99% in 2019 to 106% by 2029. As a result, annual surplus decreases from a surplus of $7,782 to a deficit of $63,039 by 2029. This is due to a general increasing trend in amortization expense. It is important to note that an annual surplus is beneficial to ensure funding is available to non-expense costs such as tangible capital asset acquisitions and reserve/reserve fund transfers. Another important indicator on this statement is accumulated surplus/deficit. An accumulated surplus indicates that the available net resources are sufficient to provide future capital water services. An accumulated deficit indicates that resources are insufficient to provide future services and that borrowing or rate increases are required to finance annual deficits. From Table 4-2, the financial plan proposes to decrease by approximately $243,800 from a 2019 accumulated surplus of $4.28 million over the forecast period to $4.04 million in 2029. The accumulated surplus, as indicated in Table Watson &Associates Economists Ltd. PAGE 4-2 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 4-2, is predominantly made up of reserve and reserve fund balances as well as historical investments in tangible capital assets by the municipality. 4.2.3 Statement of Change in Net Financial Assets/Debt (Table 4-3) The Statement of Change in Net Financial Assets/Debt indicates whether revenue generated was sufficient to cover operating and non-financial asset costs (i.e. inventory supplies, prepaid expenses, tangible capital assets, etc.) and in so doing, explains the difference between the annual surplus/deficit and the change in net financial assets/ debt for the period. Table 4-3 indicates that in some years, that forecasted annual surplus exceeds forecasted tangible capital asset acquisitions (net of amortization for the year), resulting in increases in the net financial asset balance. In other years, forecasted tangible capital asset acquisitions (net of amortization for the year) exceeds the forecasted annual surplus, resulting in decreases in the net financial asset balance. Therefore, a slight overall decrease to net financial assets is anticipated over the forecast period to 2029. This is a result of more significant capital asset acquisitions forecasted between 2019 and 2029 allowing for a long-term plan of funding capital through accumulated surplus (i.e. reserves and reserve funds). This is evidenced by the ratio of cumulative annual surplus before amortization to cumulative tangible capital asset acquisitions decreasing from 7.43 to 7.06 over the forecast period. 4.2.4 Statement of Cash Flow (Table 4-4) The Statement of Cash Flow summarizes how water systems are expected to generate and use cash resources during the forecast period. The transactions that provide/use cash are classified as operating, capital, investing, and financing activities as shown in Table 4-4. This statement focuses on the cash aspect of these transactions and thus is the link between cash-based and accrual-based reporting. Table 4-4 indicates that cash from operations will be used to fund capital transactions (i.e. tangible capital asset acquisitions) and build internal reserves and reserve funds over the forecast period. The financial plan projects the cash position of the Municipality's water systems to improve from a balance of$721,260 at the beginning of 2019, to just over $1.39 million by the end of 2029. For further discussions, on projected cash balances please refer to the Notes to the Financial Plan. 1 A desirable ratio is 1:1 or better. Watson &Associates Economists Ltd. PAGE 4-3 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 77 i 0 \`..,,, Table 4-1 Statement of Financial Position: Water Services UNAUDITED: For Financial Planning Purposes Only 2019-2028 Notes 1 1 Forecast 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Financial Assets Cash 1 752,261 883,849 968,102 1,046,392 1,119,335 1,126,892 1,201,454 1,269,296 1,306,190 1,357,390 1,398,693 Accounts Receivable 1 116,891 119,480 115,874 118,893 121,939 125,029 128,162 131,562 135,010 138,488 142,014 Total Financial Assets 869,152 1,003,329 1,083,976 1,165,285 1,241,274 1,251,921 1,329,616 1,400,858 1,441,200 1,495,878 1,540,707 Liabilities Bank Indebtedness - - _ - - - - - - - - _ - Accounts Payable&Accrued Liabilities 1 61,051 63,521 65,982 68,451 71,032 73,708 76,502 79,408 82,420 85,553 88,812 Debt(Principal only) 2 - - - - - - - - - - - Deferred Revenue 3 - - - - - - - - - - - Total Liabilities 61,051 63,521 65,982 68,451 71,032 73,708 IF 76,502 79,408 82,420 85,553 88,812 Net Financial Assets/(Debt) 808,101 939,808 1,017,994 1,096,834 1,170,242 1,178,213 53,114 1,321,450 1,358,780 1,410,325 1,451,895 Non-Financial Assets Tangible Capital Assets 4 3,483,104 3,403,195 3,328,886 3,247,477 3,164,468 3,080,859 2,978,550 2,876,241 2,796,932 2,692,323 2,587,714 Total Non-Financial Assets 3,483,104 3,403,195 3,328,886 3,247,477 3,164,4683,080,859 2,978,550 2,876,241 2,796,932 2,692,323 2,587,714 Accumulated Surplus/(Deficit) 5 4,291,205 4,343,003 _ 4,346,880 4,344,311 4,334,710 4,259,072 4,231,664 _Vaal4,155,712 4,102,648 4,039,609 Financial Indicators Total Change 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 1)Increase/(Decrease)in Net Financial Assets 730,635 86,841 131,707 78,186 78,840 73,408 7,971 74,901 68,336 37,330 51,545 41,570 2)Increase/(Decrease)in Tangible Capital Assets (974,449) (79,059) (79,909) (74,309) (81,409) (83,009) (83,609) (102,309) (102,309) (79,309) (104,609) (104,609) 3)Increase/(Decrease)in Accumulated Surplus (243,814) 7,782 51,798 3,877 (2,569) (9,601) (75,638) (27,408) (33,973) (41,979) (53,064) (63,039) Watson &Associates Economists Ltd. PAGE 4-4 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Table 4-2 Statement of Operations: Water Services UNAUDITED: For Financial Planning Purposes Only 2019-2028 Notes 1 Forecast 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Water Revenue Base Charge Revenue 160,804 164,509 168,570 172,774 177,025 181,422 185,973 190,574 195,324 200,132 205,092 Rate Based Revenue 593,536 608,185 624,336 640,631 657,070 673,653 690,380 708,880 727,543 746,367 765,354 Earned Development Charges Revenue 3 - - - - - - - - - - - Other Revenue 6 83,645 85,914 45,755 47,613 49,360 49,827 51,607 53,255 54,298 55,618 56,743 Total Revenues 837,985 858,608 i 838,661 861,018 883,455= 904,902 927,960 952,709 977,165 1,002,117 1,027,189 Water Exoenses Operating Evenses Sch.4-1 737,644 712,901 739,475 766,178 794,047 879,931 853,059 884,373 916,835 950,572 985,619 Interest on Debt 2 - - - - - - - - - - - Amortization 4 92,559 93,909 95,309 97,409 99,009 100,609 102,309 102,309 102,309 104,609 104,609 Loss on Disposal of Tangible Ca.ital Assets - - - - - - - - - - - Total Expenses 830,203 806,810 834,784 863,587 893,056 980,540 955,368 986,682 1,019,144 1,055,181 1,090,228 Annual Surplus/(Deficit) 7,782 51,798 3,877 (2,569) (9,601) (75,638) (27,408) (33,973) (41,979) (53,064) (63,039) Accumulated Surplus/(Deficit),beginning of year 5 4,283,423 4,291,205 4,343,003 4,346,880 4,344,311 4,334,710 4,259,072 4,231,664 4,197,691 4,155,712 4,102,648 Accumulated Surplus/(Deficit),end of year 4,291,205 4,343,003 4,346,880 4,344,311 4,334,710 4,259,072 4,231,664 4,197,691 4,155,712 4,102,648 4,039,609 Note 5: Accumulated Surplus/(Deficit)Reconciliation: 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Reserve Balances Reserves:Development Charges - - - - - - - - - - - Reserves:Gas Tax - - - - - - - - - - - Reserves:Capital/Other 808,101 939,808 1,017,994 1,096,834 1,170,242 1,178,213 1,253,114 1,321,450 1,358,780 1,410,325 1,451,895 Total Reserves Balance 808,101 939,808 1,017,994 1,096,834 1,170,242 1,178,213 1,253,114 1,321,450 1,358,780 1,410,325 1,451,895 Less:Debt Obligations and Deferred Revenue - - - - - - - - - - - Add:TangibleCapitalAssets 4 3,483,104 3,403,195 3,328,886 3,247,477 3,164,468 3,080,859 2,978,550 2,876,241 2,796,932 2,692,323 2,587,714 Total Ending Balance 4,291,205 4,343,003 4,346,880 4,344,311 4,334,710 4,259,072 4,231,664 4,197,691 4,155,712 4,102,648 4,039,609 Financial Indicators Total Change 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 1)Egmense to Revenue Ratio 99% 94% 100% 100% 101% 108% 103% 104% 104% 105% 106% 2)Increase/(Decrease)in Accumulated Surplus (243,814) 7,782 51,798 3,877 (2,569) (9,601) (75,638) (27,408) (33,973) (41,979) (53,064) (63,039) Watson &Associates Economists Ltd. PAGE 4-5 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx V 0 Schedule 4-1 Statement of Operating Expenses: Water Services UNAUDITED: For Financial Planning Purposes Only 2019-2028 Forecast Notes 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Operating Expenses Bayham System: Salaries&Wages 65,200 66,504 67,800 69,200 70,600 72,000 73,400 74,900 76,400 77,900 79,500 Statutory Benefits 7,296 7,442 7,600 7,800 8,000 8,200 8,400 8,600 8,800 9,000 9,200 Non-Statutory Benefits 27,851 28,408 29,000 29,600 30,200 30,800 31,400 32,000 32,600 33,300 34,000 One Call Locates 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500 Supplies 2,500 2,600 2,700 2,800 2,900 3,000 3,200 3,400 3,600 3,800 4,000 Tools and Equipment 650 675 700 700 700 700 700 700 700 700 700 Lab Fees 5,500 5,800 5,900 6,000 6,100 6,200 6,300 6,400 6,500 6,600 6,700 Utilities 2,467 2,541 2,700 2,800 2,900 3,000 3,200 3,400 3,600 3,800 4,000 Association Fees 900 950 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Auditing Fees 3,900 4,000 4,100 4,200 4,300 4,400 4,500 4,600 4,700 4,800 4,900 System Maintenance 12,000 14,000 14,300 14,600 14,900 15,200 15,500 15,800 16,100 16,400 16,700 Vehicle Maintenance 700 775 800 800 800 800 800 800 800 800 800 Insurance 830 872 900 900 900 900 900 900 900 900 900 Legal Fees 500 550 600 600 600 600 600 600 600 600 600 Truck water distribution 4,590 4,700 4,800 4,900 5,000 5,100 5,200 5,300 5,400 5,500 5,600 Training&Education 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 3,500 Licenses 501 151 200 200 200 200 200 200 200 200 200 Conference&Seminars 2,400 2,500 2,600 2,700 2,800 2,900 3,000 3,100 3,200 3,300 3,400 Telephone 2,300 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 2,400 Sundry 100 100 100 100 100 100 100 100 100 100 100 Water Quality Management 4,400 4,500 4,600 4,700 4,800 4,900 5,000 5,100 5,200 5,300 5,400 Primary and Secondary Water System Costs 458,598 478,433 499,615 521,018 543,557 567,051 591,539 617,063 643,665 671,392 700,289 Administrative Overhead 5,700 5,750 5,900 6,000 6,100 6,200 6,300 6,400 6,500 6,600 6,700 Water adjustments I 4,300 4,350 4,400 4,500 4,600 4,700 4,800 4,900 5,000 5,100 5,200 Richmond System: Richmond Water Salary&Wages 30,500 30,870 31,490 32,120 32,760 33,420 34,090 34,770 35,470 36,180 36,900 Richmond Water Statutory Benefits 2,420 2,470 2,520 2,570 2,620 2,670 2,720 2,770 2,830 2,890 2,950 Richmond Water Non-Statutory Benefits 1,365 1,390 1,420 1,450 1,480 1,510 1,540 1,570 1,600 1,630 1,660 One Call Locates 550 580 590 600 610 620 630 640 650 660 670 Source Water Protection 3,500 3,500 3,570 3,640 3,710 3,780 3,860 3,940 4,020 4,100 4,180 Richmond Water Supplies 3,400 3,400 3,570 3,750 3,940 4,140 4,350 4,570 4,800 5,040 5,290 Tools and Equipment 300 330 340 350 360 370 380 390 400 410 420 Richmond Water Lab fees 4,600 4,750 4,850 4,950 5,050 5,150 5,250 5,360 5,470 5,580 5,690 Richmond Water Utilities 4,774 4,920 5,170 5,430 5,700 5,990 6,290 6,600 6,930 7,280 7,640 Property Taxes 2,000 2,100 2,140 2,180 2,220 2,260 2,310 2,360 2,410 2,460 2,510 Association Fees 250 280 290 300 310 320 330 340 350 360 370 Water Quality Management 2,800 2,900 2,960 3,020 3,080 3,140 3,200 3,260 3,330 3,400 3,470 Richmond Water System Maintenance 2,300 2,400 2,450 2,500 2,550 2,600 2,650 2,700 2,750 2,810 2,870 Equipment Maintenance 3,000 3,100 3,160 3,220 3,280 3,350 3,420 3,490 3,560 3,630 3,700 Vehicle Maintenance 300 350 360 370 380 390 400 410 420 430 440 Truck Richmond 3,152 3,210 3,270 3,340 3,410 3,480 3,550 3,620 3,690 3,760 3,840 Training&Education 800 1,000 1,020 1,040 1,060 1,080 1,100 1,120 1,140 1,160 1,180 Licenses 450 - - - - - - - - - - Conferences&Seminars 600 700 710 720 730 740 750 770 790 810 830 Richmond Water Amtelecom 1,400 1,450 1,480 1,510 1,540 1,570 1,600 1,630 1,660 1,690 1,720 Administrative Overhead - - - - - - - - - - - Non TCA-Expenses from Capital Budget 7 51,000 - - - - 57,000 - - - - - TOTAL OPERATING EXPENSES MIIMME 737,644 712,901 739,475 766,178 794,047 879,931 853,059 884,373 916,835 950,572 985,619 Watson &Associates Economists Ltd. PAGE 4-6 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx i� . r 0 Table 4-3 Statement of Changes in Net Financial Assets/Debt: Water Services UNAUDITED: For Financial Planning Purposes Only 2018-2027 ' I Forecast Notes 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Annual Surplus/(Deficit) 7,782 51,798 3,877 (2,569) (9,601) (75,638) (27,408) (33,973) (41,979) (53,064) (63,039) Less:Acquisition of Tangible Capital Assets 4 (13,500) _ (14,000) (21,000) (16,000) (16,000) (17,000) - - (23,000) - - Add:Amortization of Tangible Capital Assets 4 92,559 93,909 95,309 97,409 99,009 100,609 102,309 102,309 102,309 104,609 104,609 (Gain)/Loss on disposal of Tangible Capital Assets - - - - - - - - - - - Add:Proceeds on Sale of Tangible Capital Assets - - - - - - - - - - - • Add:Write-downs of Tangible Capital Assets - - - - - - - - - - - 79,059 79,909 74,309 81,409 83,009 83,609 102,309 102,309 79,309 104,609 104,609 Less:Acquisition of Supplies Inventory - - - - - - - - - - - Less:Acquisition of Prepaid E>Tenses - - - - - - - - - - - Add:Consumption of Supplies Inventory - - - - - - - - - - - Add:Use of Prepaid Expenses - - - - - - - - - - - Increase/(Decrease)in Net Financial Assets/(Net Debt) i 86,841 131,707 78,186 78,840 73,408 7,971 74,901 68,336 37,330 51,545 41,570 Net Financial Assets/(Net Debt),beginning of year 721,260 808,101 939,808 1,017,994 1,096,834 1,170,242 1,178,213 1,253,114 1,321,450 1,358,780 1,410,325 Net Financial Assets/(Net Debt),end of year 808,101 939,808 1,017,994 1,096,834 1,170,242 1,178,213 1,253,114 1,321,450 1,358,780 1,410,325 1,451,895 Financial Indicators 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 1)Acquisition of Tangible Capital Assets(Cumulative) 13,500 27,500 48,500 64,500 80,500 97,500 97,500 97,500 120,500 120,500 120,500 2)Annual Surplus/Deficit before Amortization(Cumulative) 100,341 246,048 345,234 440,074 529,482 554,453 629,354 697,690 758,020 809,565 851,135 3)Ratio of Annual Surplus before Amortization to Acquisition of TCA's(Cumulative) 7.43 8.95 7.12 6.82 6.58 5.69 6.45 7.16 6.29 6.72 7.06 Watson &Associates Economists Ltd. PAGE 4-7 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 77 i 0 \`..,,, Table 4-4 Statement of Cash Flow - Indirect Method: Water Services UNAUDITED: For Financial Planning Purposes Only 2018-2027 Forecast Notes 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Operating Transactions Annual Surplus/Deficit 7,782 51,798 3,877 (2,569) (9,601) (75,638) (27,408) (33,973) (41,979) (53,064) (63,039) Add:Amortization of TCA's 4 92,559 93,909 95,309 97,409 99,009 100,609 102,309 102,309 102,309 104,609 104,609 (Gain)/Loss on disposal of Tangible Capital Assets - - - - - - - - - - - Less:Earned Deferred Revenue 3 - - - - - - - - - - - Less:Developer Contributions - - - - - - - - - - - Add:Deferred Revenue Proceeds - - - - - - - - - - - Change in A/R(Increase)/Decrease (116,891) (2,589) 3,606 (3,019) (3,046) (3,090) (3,133) (3,400) (3,448) (3,478) (3,526) Change in NP Increase/(Decrease) 61,051 2,470 2,461 2,469 2,581 2,676 2,794 2,906 3,012 3,133 3,259 Less:Interest Proceeds (15,845) (18,428) (19,961) (21,507) (22,946) (23,102) (24,571) (25,911) (26,643) (27,653) (28,469) Cash Provided by Oi g Transactions I 28,656 127,160 85,292 72,783 65,997_ 1,455 49,991 41,931 33,251 23,547 12,834- Capital Transactions Proceeds on sale of Tangible Capital Assets I - - - - - - - - - - - _Less:Cash Used to acquire Tangible Capital Assets 4 (13,500) (14,000) (21,000) (16,000) (16,000) (17,000) (23,000) Cash Applied to Capital Transactions (13,500) (14,000) (21,000) (16,000) (16,000) (17,000) (23,000) Investing Transactions Proceeds from Investments 15,845 18,428 19,961 21,507 22,946 23,102 24,571 25,911 26,643 27,653 28,469 Less:Cash Used to Acquire Investments - - - - - - - - Cash Provided by(applied to)Investing Transactions I 15,845 18,428 19,961 21,507 - 23,102 24,571 5,911 26,643 27,653 28,469 Financing Transactions Proceeds from Debt Issue 2 - - - - - - - - - - - Less:Debt Repayment(Principal only) 2 - - - - - - - - - - - Cash Applied to Financing Transactions I - - - - - - - _ - - - - Increase in Cash and Cash Equivalents 31,001 131,588 84,253 78,290 72,943 7,557 74,562 67,842 36,894 51,200 41,303 Cash and Cash Equivalents,beginning of year 1 721,260 752,261 883,849 968,102 1,046,392 1,119,335 1,126,892 1,201,454 1,269,296 1,306,190 1,357,390 Cash and Cash Equivalents,end of year 1 752,261 883,849 968,102 1,046,392 1,119,335 1,126,892 1,201,454 1,269,296 1,306,190 1,357,390 1,398,693 Watson &Associates Economists Ltd. PAGE 4-8 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Notes to Financial Plan The financial plan format as outlined in Chapter 4 closely approximates the full accrual format used by municipalities on their audited financial statements. However, the financial plan is not an audited document and contains various estimates. In this regard, section 3 (2) of O. Reg. 453/07 states the following: "Each of the following sub-subparagraphs applies only if the information referred to in the sub-subparagraph is known to the owner at the time the financial plans are prepared: 1. Sub-subparagraphs 4 i A, B and C of subsection (1) 2. Sub-subparagraphs 4 iii A, C, E and F of subsection (1)." The information referred to in sub-subparagraphs 4 i A, B and C of subsection (1) includes: A. Total financial assets (i.e. cash and receivables); B. Total liabilities (i.e. payables, debt and deferred revenue); C. Net debt (i.e. the difference between A and B above). The information referred to in sub-subparagraphs 4 iii A, C, E and F of subsection (1) includes: A. Operating transactions that are cash received from revenues, cash paid for operating expenses and finance charges B. Investing transactions that are acquisitions and disposal of investments C. Change in cash and cash equivalents during the year D. Cash and cash equivalents at the beginning and end of the year In order to show a balanced financial plan in a full accrual format for the Municipality, some of the items listed above have been estimated given that the Municipality does not maintain all financial asset and liability data separately for water. Usually, this type of data is combined with the financial assets and liabilities of other departments and Watson &Associates Economists Ltd. PAGE 4-9 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx services given that there is not a current obligation to disclose this data separately (as there is with revenue and expenses). The assumptions used have been documented below: 1. Cash, Receivables and Payables It is assumed that the opening cash balances required to complete the financial plan are equal to: Ending Reserve/Reserve Fund Balance Plus: Ending Accounts Payable Balance Less: Ending Accounts Receivable Balance Equals: Approximate Ending Cash Balance For the Municipality, receivable and payable balances were estimated for each year of the forecast based on the following factors: a) Receivables: Based on the historical levels of water and wastewater receivables as a percentage of annual water and wastewater revenue earned; and b) Payables: Based on historical levels of Municipal-wide payables as a percentage of annual Municipal-wide expenses. 2. Debt Currently there is no outstanding water related debt and the municipality is not anticipating the need to issue debt over the forecast period. 3. Deferred Revenue Deferred revenue is typically made up of water development charge reserve balances which are considered to be a liability for financial reporting purposes until the funds are used to emplace the works for which they have been collected. The Municipality of Bayham does not collect water development charges currently, therefore deferred revenue is assumed to be zero over the forecast period. Watson &Associates Economists Ltd. PAGE 4-10 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 4. Tangible Capital Assets • Opening net book value of tangible capital assets includes water related assets in the following categories: i. Infrastructure within the Bayham system (watermains, curb stop and water meters, hydrants and valves); ii. Land associated with the Richmond system; and iii. Infrastructure within the Richmond system (facilities and linear distribution system). • Amortization is calculated based on using the straight-line approach with no amortization in the year of acquisition or construction. • Given the planned asset replacement forecast in the 2019 Rate Study, useful life on acquisitions is assumed to be equal to the weighted average useful life for all assets on hand in each respective asset category. • Write-offs are assumed to equal $0 for each year in the forecast period. • Tangible capital assets are shown on a net basis. It is assumed that disposals occur when the asset is being replaced. To calculate the value of each asset disposal, the replacement value (of each new asset that has been identified as a "replacement") has been deflated (by weighted average useful life for all assets on hand in the respective asset category) to an estimated historical cost. This figure was used to calculate disposals only. Future assets are disposed of when fully amortized. • Gains/losses on disposal are assumed to be $0 (it is assumed that historical cost is equal to accumulated amortization for all disposals). • Residual value is assumed to be $0 for all assets contained within the forecast period. • Contributed Assets, as described in Section 3.2.1, are deemed to be insignificant/unknown during the forecast period and are therefore assumed to be $0. • The Municipality is unaware of any specific lead service piping in the municipal water system. However, when older portions of the watermain system is replaced as part of the ongoing replacement program, any lead service pipes will be replaced if and when found. Watson &Associates Economists Ltd. PAGE 4-11 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx f • The balance of tangible capital assets is summarized as follows: Asset Historical Cost 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Opening Tangible Capital Asset Balance 4,589,948 4,592,404 4,595,001 4,598,263 4,600,503 4,602,739 4,604,970 4,604,970 4,604,970 4,606,616 4,606,61.6_ Acquisitions 13,500 14,000 21,000 16,000 16,000 17,000 - - 23,000 - - Disposals 11,044 11,403 17,738 13,760 13,764 14,769 - - 21,354 - - Closing Tangible Capital Asset Balance 4,592,404 4,595,001 4,598,263 4,600,503 4,602,739 4,604,970 4,604,970 4,604,970 4,606,616 4,606,616 4,606,616 Opening Accumulated Amortization 1,027,785 1,109,300 1,191,806 1,269,377 1,353,026 1,438,271 1,524,111 1,626,420 1,728,729 1,809,684 1,914,293 Amortization Expense 92,559 93,909 95,309 97,409 99,009 100,609 102,309 102,309 102,309 104,609 104,609 Amortization on Disposal 11,044 11,403 17,738 13,760 13,764 14,769 - - 21,354 - - Ending Accumulated Amortization 1,109,300 1,191,806 1,269,377 1,353,026 1,438,271 1,524,111 1,626,420 1,728,729 1,809,684 1,914,293 2,018,902 Net Book Value 3,483,104 3,403,195 3,328,886 3,247,477 3,164,468 3,080,859 2,978,550 2,876,241 2,796,932 2,692,323 2,587,714 Watson &Associates Economists Ltd. PAGE 4-12 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 5. Accumulated Surplus Opening accumulated surplus for the forecast period is reconciled as follows: 2019 Opening Accumulated Surplus Reserve Balances Reserves: Capital/Other 721,260 Total Reserves Balance 721,260 Add: Tangible Capital Assets 3,562,163 Total Opening Balance 4,283,423 The accumulated surplus reconciliation for all years within the forecast period is contained in Table 4-2. 6. Other Revenue Other revenues include minor revenues from water meter sales, connection charges, and outstanding recoveries from landowners, these revenues have been held constant over the forecast period. Other revenues related to penalties and service permit fees have been inflated annually by 2% over the forecast period. 7. Operating Expenses Capital expenditures for items not meeting the definition of tangible capital assets have been reclassified as operating expenses and have been expensed in the year in which they occur. Watson &Associates Economists Ltd. PAGE 4-1 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Chapter Process for Financial Plan Approval and Submission to the Province Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 5. Process for Financial Plan Approval and Submission to the Province As mentioned in section 1.2, preparation of and approval of a financial plan for water assets that meets the requirements of the Act is mandatory for municipal water providers. Proof of the plan preparation and approval is a key submission requirement for municipal drinking water licensing and, upon completion, must be submitted to the MECP. The process established for plan approval, public circulation and filing is set out in 0. Reg. 453/07 and can be summarized as follows: 1. The financial plan must be approved by resolution of Council of the municipality who owns the drinking water system or the governing body of the owner. (0. Reg. 453/07, section 3 (1) 1.) 2. The owner of the drinking water system must provide notice advertising the availability of the financial plan. The plans will be made available to the public upon request and without charge. The plans must also be made available to the public on the municipality's website. (0. Reg. 453/07, section 3 (1) 5.) 3. The owner of the drinking water system must provide a copy of the financial plan to the Director of Policy Branch, Ministry of Municipal Affairs and Housing. (0. Reg. 453/07, section 3 (1) 6.) 4. The owner of the drinking water system must provide proof satisfactory to the Director that the financial plans for the system satisfy the requirements under the Safe Drinking Water Act. (S.D.W.A. section 32 (5) 2.ii.) Watson &Associates Economists Ltd. PAGE 5-1 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx Chapter Recommendations Watson &Associates Economists Ltd. H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx 6. Recommendations This report presents the water financial plan for the Municipality in accordance with the mandatory reporting formats for water systems as detailed in 0. Reg. 453/07. It is important to note that while mandatory, the financial plan is provided for Council's interest and approval however, for decision making purposes, it may be more informative to rely on the information contained within the 2019 Water and Wastewater Rate Study, dated June 14, 2019. Nevertheless, Council is required to pass certain resolutions with regard to this plan and regulations and it is recommended that: 1. The Municipality of Bayham's Water Financial Plan prepared by Watson & Associates Economists Ltd. dated August 1 , 2019 be approved. 2. Notice of availability of the Financial Plan be advertised. 3. The Financial Plan dated August 1 , 2019 be submitted to the Ministry of Municipal Affairs and Housing. (0. Reg. 453/07, section 3 (1) 6). 4. The resolution of Council approving the Financial Plan be submitted to the MECP, satisfying the requirements under the Safe Drinking Water Act. (S.D.W.A. section 32 (5) 2.ii.). Watson &Associates Economists Ltd. PAGE 6-1 H:\Bayham\2019 W&WW Rate Study and O.Reg\Reports\2019 Financial Plan.docx $X,YH AW144;* a rWl , PLANNING ACT pPo�.LunityIsxo� NOTICE OF THE PASSING OF ZONING BY-LAW Z686-2019 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: LAMA, R, A and J TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z686-2019 on the 18th day of July 2019 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 8th day of August, 2019 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is 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-3) zone to permit one addition to individual Mobile Homes of 27.4 m2 (288 ft2)whereas a mobile home by definition cannot have additions in Zoning By-law Z456-2003. The mobile home park has a reduced lot area of 1.2 ha (3.0 acre) whereas the minimum in the zoning by-law is 4.0 ha (9.9 acres). 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 one addition, in accordance with setback regulations, to each of the existing mobile homes for the purpose of additional living area excluding washrooms or kitchen areas. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 19TH DAY OF JULY 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 IY0 NST T: 519-866-5521 Ext 222 _ ■ x ■ F: 519-866-3884 1 Huh E: munderhill(a�bavham.on.ca � y N == " W: www.bayham.on.ca 7 7 a �= c IIISUBJECT LANDS, IlT 1 ETT:y NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at$300.00 by the Province of Ontario. ��E �'...dorbillk PLANNING ACT NOTICE OF THE PASSING OF �g Z ZONING BY-LAW Z687-2019 BY -P*1111 ity O." O G THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z687-2019 on the 18th day of July 2019 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 8th day of August, 2019 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to amend the zoning regulations on a 0.4 ha (1 acre, lands to be severed) parcel of land from an Agricultural (Al-A) zone to a site-specific Rural Residential (RR- 39) 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 (A2-15) 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 EFFECT of this By-law will be to fulfil conditions of the consent application E16/19. Firstly, to change the severed lands to a residential zone, to recognize front yard setback and to prohibit the keeping of livestock; and secondly to recognize lot setbacks and prohibit new dwellings on the retained farm lands. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 19TH DAY OF JULY 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill c ,N Deputy Clerk/Planning Coordinator pl 111 Municipality of Bayham 56169 Heritage Line, P.O. Box 160. it ao , O , Tel:Strff519-866-52rdvilleN1ExtNOJ222IY0 l -mail: munderhillAbavham.on.ca SUCT LANDS iE e ...:14r, ,„„,110 NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at$300.00 by the Province of Ontario. 4+b ""'`: PLANNING ACT NOTICE OF THE PASSING OF o ( , ZONING BY-LAW Z688-2019 BY pj6QrtunttyXsx�q THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z688-2019 on the 18th day of July, 2019 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 8th day of August, 2019 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to amend the zoning on a 0.4 hectare (1 acre, lands to be severed) parcel of land from an Agricultural (A1-1) zone to a site-specific Rural Residential (RR- 39) 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 41 ha (105.6 acre, lands to be retained) farm parcel from Agriculture (Al-A) to Special Agriculture (A2-16) 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 EFFECT of this By-law will be to fulfil conditions of the consent application E17/19. Firstly, to change the severed lands to a residential zone, to recognize yard setbacks and to prohibit the keeping of livestock; and secondly to recognize side yard setbacks and prohibit new dwellings on the retained farm lands. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 19TH DAY OF JULY 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill L Deputy Clerk/Planning Coordinator Municipality of Bayham „ C 56169 Heritage Line, P.O. Box 160. Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 BE RETAINED F: 519-866-3884 E: munderhillt�bayham.on.ca LANDS TO BE SEVERED <t�yr[r NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at$300.00 by the Province of Ontario. INNYHAjit NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT p W O IN THE MUNICIPALITY OF BAYHAM ty Oppfounity 1 °, APPLICANT: LESTER AND LORENE GINGRICH, 5552 GODBY 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, August 15, 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 change the zoning on a 12.9 ha (31 acres) parcel of land from an Agricultural (A1) zone to a site-specific Agricultural (A1-XX) zone to permit a second dwelling unit in the upper storey of the existing accessory building of 44.9m2 (484 ft2) floor area for the accessory use, in Zoning By-law Z456-2003. The subject lands are located at 5552 Godby Road, east side, south of Tunnel Line. THE EFFECT of this By-law will be to allow a second dwelling unit in the upper storey of the detached garage building built in 2019 for short-term accommodation for family and friends. 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 231d day of July 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: munderhill(a�bayham.on.ca W: www.bayham.on.ca SUBJECT LANDS z �►,p YHA NOTICE OF INTENT TO PASS AN ice AMENDING BY-LAW TO REMOVE A �, HOLDING SYMBOL �y IN THE MUNICIPALITY OF BAYHAM PP tunity Is' APPLICANT: N. GREWAL TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a meeting on Thursday August 15th, 2019 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider the removal of a holding symbol under Section 34 & 36 of the PLANNING ACT. AND TAKE NOTICE that only the applicant may file an appeal to the Local Planning Appeal Tribunal of a decision by Council not to remove the holding symbol, or where Council fails to make a decision within 150 days after the application was submitted. THE PURPOSE of the amendment is to remove the Holding (h2) provisions on four (4) residential lots with a combined land area of 1.7 hectare (4.3 acres) located on Part Lot 123, Concession North of Talbot Road, on the north end of Straffordville along Sandytown Road, south of Stewart Road, in the Village of Straffordville from the Village Residential Holding (R1(h2)) Zone to the Village Residential (R1) Zone in the Zoning By-law of the Municipality of Bayham No. Z456-2003. The applicant will fulfill the requirements of the holding provisions following approval of the Subdivision Agreement By-law 2019-069 to be considered August 15, 2019. THE EFFECT of this By-law will be to permit the development of four (4) residential building lots created by consent (Applications E65-68/18) in accordance with the Village — Residential Uses policies of the Official Plan. The complete By-law is available for inspection at the Municipal office during regular office hours. DATED at the Municipality of Bayham this 31st day of July, 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Planning Coordinator/ Deputy Clerk Municipality of Bayham P.O. Box 160, �- 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 _ F: 519-866-3884 AkTkl! E: munderhill@bayham.on.ca a SUBJECT LANDS W. www.bayham.on.ca 1y . F!E°Rj��LINF, �i1 ! rt_4 Village of Straffordville INNYHAllt NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT Ailks , IN THE MUNICIPALITY OF BAYHAM Opl'Oxrunity 15-0w APPLICANT: MARK WEBER, 7057 & 7059 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, August 15, 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 change the zoning on a 6,240 m2 (1.5 acres) parcel of land from a Rural Residential (RR) zone to a site-specific Rural Residential (RR-XX) zone to permit a federally licensed cannabis cultivation, micro use as an accessory industrial use to the main residential use; to permit the outdoor cultivation with a growing area of 200m2 (2,152 ft2); and to permit the indoor drying, curing and packaging of the cannabis flower inside the existing accessory building of 44.9m2 (484 ft2) floor area for the accessory use, in Zoning By-law Z456- 2003. The subject lands are located at 7057 & 7059 Plank Road, west side, north of Light Line. THE EFFECT of this By-law will be to allow cannabis cultivation, micro use as a secondary use; and to allow harvesting of cannabis within an accessory building. 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 23rd day of July 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill 1ZDeputy 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: munderhill(a,bayham.on.ca W: www.bayham.on.ca SUBJECT LANDS ) m� vAYHA4? -11nPPI tfliw ,. REPORT „/ 7/'" . 1 04 CO, T ,c4, DEVELOPMENT SERVICES ��'ortunity Is.•�� TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: August 15, 2019 REPORT: DS-53/19 FILE NO. C-07 I D13.Orchard Crest Roll # 3401-000-005-14900 SUBJECT: Rezoning Application —Orchard Crest Farms Zoning By-law Z689-2019 BACKGROUND: Orchard Crest Farms Ltd. (do Mark Elliott) submitted a rezoning application to rezone the property at 55957 Green Line to satisfy a condition of Consent Application E1/19 granted February 6, 2019 for the purpose of severing a surplus farm dwelling. A public meeting was held July 20, 2019 with no written public comments and two attendees. At the time of writing this report no additional applicant or public comments have been received. The purpose of this By-law is to amend the zoning on a 1.3 hectare(3.3 acre, lands to be severed) parcel of land from an Agricultural (A1) zone to a Rural Residential (RR) zone to permit a single detached dwelling; and to amend the zoning on a 13 hectare (32.1 acre, lands to be retained) farm parcel from Agriculture (A1) to Special Agriculture (A2-17) to prohibit new residential dwellings on the site and to recognize reduced lot area of 13 hectare where 20.0 hectare (49.4 acre) is the required minimum to Zoning By-law Z456-2003. The subject lands are located at Part Lot 13 & 14, Concession 10, 55957 Green Line south side, west of Elliott Road. The effect of this By-law will be to fulfil conditions of the consent application E1/19. Firstly, to change the severed lands to a rural residential zone; and secondly, to recognize reduced lot area and to prohibit new dwellings on the retained farm lands. DISCUSSION In regards to zoning to prohibit livestock, the Official Plan policies for farm consolidation and surplus farm dwellings state that a severed lot with the surplus farm dwelling may include accessory buildings and structures where the property has been rezoned to prohibit the keeping of livestock. The Land Division Committee decision dated February 6, 2019 includes a condition "Removal of the garage on the severed parcel and the barn of the retained parcel". At the time of writing this report, both buildings have been removed. With the absence of accessory buildings, the regulation to prohibit livestock is not required. Staff Report DS-53/19 Orchard Crest Farms Ltd. 2 Staff and planner are supportive of the purpose and effect of the zoning amendments to satisfy the condition of consent and therefore recommend approval. ATTACHMENTS: 1. Rezoning Application May 16, 2019 2. Draft Zoning By-law Z689-2019 RECOMMENDATION THAT Report DS-53/19 regarding Orchard Crest Farms Ltd. rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 18, 2019 associated with this application, there were no written submissions and two oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Orchard Crest Farms Ltd. described as Concession 10 Part Lots 13 & 14 from Agriculture (A1) to Special Agricultural (A2-17) on the retained lands and from Agriculture (A1) to Rural Residential (RR) on the severed surplus farm dwelling portion; AND THAT Zoning By-law Z689-2019 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: / /77.- Margaret Underhill "pwa. Deputy Clerk1Planning Coordinator CAOI - -6NYHAitt MUNICIPALITY OF BAYHAM ±,4111111 op 56169 Heritage Line RECEIVED lir P.O. Box 160 o„f Straffordville, ON NOJ 1Y0 MAY 1 0 Mg Pportunity is.4°4 Phone (519) 866-5521 - Fax(519) 866-3884 DAMAN APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000(Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500(Temporary Use Zoning By-law Renewal) or$1500(Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/We, Orchard Crest Farms Ltd. shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed applie1ion. I also agree to accept all costs as rendered. Property Owner I have power to bind the corporation Property Owner FOR OFFICE USE ONLY 3(7, 0-p0 -62°5 -/17900 y crC> DATE RECEIVED: /�� /l 9i/� AMOUNT RECEIVED: 500 0 DEEMED COMPLETE: J/r-C gy�// RECEIPT# : ® Oo a V FILE NO: (/ /3 , OK) -/-//Y/ DATE ADOPTED BY COUNCIL: cops;%c- AI/#/T Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): Orchard Crest Farms Ltd. Address: 12165 Elliott Road, Tillsonburg, ON N4G 4G8 Phone No. (Home): 519-842-3835 Business: Fax: Email: Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. Applicant/Authorized Agent: David Roe , Civic Planning Solutions Inc. Address: 599 Larch Street, Delhi, ON N4B 3A7 Phone No.: 519-582-1174 Fax: E-mail: dfrfez@me.com Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent ) 3. Legal Description of the land for which the amendment is requested Roll #340100000514900 Concession: 10 Lot: 13 & 14 Reference Plan No: Part Lot: Street and Municipal Address No.: 55957 Green Line What is the size of property which is subject to this Application? Area: 1.3ha m2 Frontage: 116m m Depth: 143m m When were the subject lands purchased by the current owner? Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: Agricultural How does the application conform to the Official Plan? Severance of a dwelling made surplus through farm consolidation 5. Existing Zoning By-law Classification: Al What are the current uses of the subject lands? cash crop framing If known, provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks House 17m 10m/93m 90m 6.5m 185m2 Garage 38m 3m/107m 87m 4m 50m2 Barn 60m 40m/436m 84m 14m 278m2 If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. Rezone to Rural Residential Restrict new dwelling on retained lands Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? Satisfy conditions of severance /// 4u4/(' / 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes/ No adjustment of a settlement area? no If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Yes/ No no If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) No new buildings proposed For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( x ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System (x ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: Existing ditches Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway( ) County Road ( ) Municipal Road —maintained all year ) Municipal Road —seasonally maintained ( ) Right-of-way( ) Water( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent (x ) Zoning By-law Amendment ( ) Ministers Zoning Order( ) If yes to any of the above, indicate the file number and status of the application. Application E 1/19 approved February 6, 2019 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? Section 2.3.4.1 c) surplus farm dwelling 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks)that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance,a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: older home Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands are being consolidated. Di Cffv=l,:o c,'657 //-)K,ri.5- Li. Roll # 34 - 01 - 340100000514900 3y-O/-o CO - Uo s x/79''0 911 Address: 55957 Green Line /a�l69 j //jo# a v� Zoning Classification: Al oich,1/ . K6-5/-E5 // 7�/5 I/We, David Roe , Civic Planning Solutions Inc., of the of , in the County of Norfolk , do solemnly declare: Nn m (i) that I/We am/are the o�vn ris) of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint to act as an Agent on my/our behalf in all aspects of this application. Owner(s) Signature(s): And I/We make this solemn declaration conscientiously believing it to .¢ rue, and knowing that it is of the same force and effect as if made under oath, and by virtue • -the "Canada Evidence Act". DECLARED BEFORE ME at the: Man iCkfu/ of /a7AaOwner Agent in the County/Region of ��9�y. this /C�r day of /ay / 20 /9 . Owner/Agent // A Commissioner, etatAEGARET UNDERHILL,a Commissioner, etc. Deputy Clerk of the Corporation of the Municipality of 8 eyham. Owner's Authorization iJ , 2019 Orchard Crest Farms Ltd. are the registered owner of the lands that are the subject of this application for an zoning By-law amendment. For lands located at 55957 Green Line, being Concession 10, part Lots 13 and 14, in the Municipality of Bayham. We authorize, David Roe, Civic Planning Solutions Inc. to make this application on our behalf and to provide any of our personal information necessary for the processing of this application. Moreover, this shall be your good and sufficient authorization for so doing. c I have power to bind the corporation ELGIN MAPPING --w Legend Elgin Parcels Local Arterial Highways LI Boundary World Street Map 9 SSS 1 1. 57 Notes H-House,G-Garage,B-Barn 0.1 0 0.06 0.1 Kilometers This mapis a usergenerated static output from an Internet mapping site and is for W-Well,SpSeptic P PP 9 p reference only.Data layers that appear on this map may or may not bes accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current,or otherwise reliable ©Latitude Geographies Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION v' ELGIN ,APPING Legend Elgin Parcels �" Arterial� =g it AOMINAMI I,rtiiiiimigroi fi - _ —� � 0 World aSytsre et Map'' �7 , y yf6 *,:-.::],i,..„,,,,, 'y *Fr,t s FteJ � y 'qe l \ ty bd {t I Ns- y�� , • t Y.1 �l ` 1.111111 11 ' k 1 > " k Y ^� •a ,� .Fns � r , • z � -:fes* �� '� E "' sc� .,, •� .�a � « - „• s z a a :; .ems c may,. Com, ; M t _ ?•ate ,.r.. �'y _ ., •.� :.,.g � •„ �,�y:,---,,•7,,,-:--- „,.,. ".v., `” .� ^ � Ilt . 1: 4,514 Notes H-House,G-Garage,B-Barn 0.2 0 0.11 0.2 Kilometers This map is a user generated static output from an Internet mapping site and is for W-Well,Sp-Septic reference only.Data layers that appear on this therwise reliable. map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current or o ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z689-2019 ORCHARD CREST FARMS LTD. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 2 by changing the zoning symbol on the retained lands from Agricultural (A1) zone to site-specific Special Agricultural (A2-17) zone, which lands are outlined in heavy solid lines and marked A2-17 on Schedule "A" Map No. 2 to this By- law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 2 by changing the zoning symbol on the severed lands from Agricultural (A1) zone to Rural Residential (RR) zone, which lands are outlined in heavy solid lines and marked RR on Schedule "A" Map No. 2 to this By-law, which schedule is attached to and forms part of this By-law. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 6.12 Exception — Special Agricultural (A2) Zone by adding the following clauses: 6.12.17.1 Defined Area A2-17 as shown on Schedule "A" Map No. 2 to this By-law. 6.12.17.2 Minimum Lot Area 13.0 ha 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Local Planning Appeal Tribunal. READ A FIRST TIME AND SECOND TIME THIS 15th DAY OF AUGUST 2019. READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF AUGUST 2019. MAYOR CLERK i .. Rts Sk Y•RD'� :. `` . (O V I i a `�: 'yy —_ - - A217j I RR / '.. i r f I 1', r 1 /I r ..- — .,\ \ I .. _ \ `1 -, O i a z � \na ; il: — Ig D J O_ to PESTL/1to u2 ow IL ch I �` ``L I f .- I J _ }\ L 31)3..:LIY£. l IJ 4 1 I0T 14 pT t \I i� I O`,t3.C. LOT IL LST 13 -- jl ! i \_ 4'S' I f.I iL `. 4,_ l .. /k aIf C J LCT , / L CI t rF _ _ _ — - nI' . / 1 -) i 1\ SEE'SCHEDULEC- i1 �) MAP NORTH HALL \ ` SEE SCHEDULE ,—."'44..PDF.SL.6T£ A-MAP No.4 SEE SCHEDULE A-MAP No.5 This is Schedule"A"to By-law No.Z689-2019,passed the day of ,2019 Mayor Clerk MUNICIPALITY OF BAYHAM Legend - SCHEDULE ASpeCificPolicyAreallo.i (See NORTH MAP No.2 I Official Plan Section 3.31) 0 230 460 920 (' LPRCA Regulation Loot ZONING BY-LAW 2466-2003 CONSOLIDATED APRIL 12,2019 vAYH.44,1 voz. � � 4 REPORT o `Jfy DEVELOPMENT SERVICES Ppui'tunity Is..ioN► TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: August 15, 2019 REPORT: DS-54/19 FILE NO. C-07 / D11.GREWAL/D13.GREW Roll # 3401-000-004-09030 Split SUBJECT: Subdivision Agreement and Rezoning to Remove Holding BACKGROUND: Nariender Grewal is in process of severing four (4) building lots on Sandytown Road, north of Heritage Line, in the Village of Straffordville. A condition of the consents E63-66/18 granted by the Elgin County Land Division Committee on September 5, 2018 is to rezone to Remove the Holding 2 provision, which is subject to a Municipal Drain and Subdivision Agreement with the municipality to permit the construction and installation of specific municipal services. A Subdivision Agreement obligates the Subdivider to carry out the installation of sanitary sewers, storm sewers, driveway access, and road reconstruction/restoration and holds security against the services to reduce the risk to the municipality and ensure proper and timely completion. This report includes both the Subdivision Agreement approval and Rezoning to Remove the Holding provision. DISCUSSION: The Agreement deviates from historic practice in regards to collecting a 100% security deposit for a municipal drain. This Agreement proposes 50% of the estimated costs of the drainage works as security as requested by the Subdivider. Staff are generally supportive of this request as it facilitates development while providing a significant collection measure for unpaid amounts, namely addition to the tax roll. Following this pilot, if approved, this would be a recommended practice for future drain securities. The subdivision agreement has been reviewed and signed by the applicant including the time limits, cost estimates and securities required for the completion of the required works for the four (4) building lots. Staff and planner are satisfied that the owner meets the requirements to remove the holding 2 provision and recommend Council enact the attached by-laws and agreement. Staff Report DS-54/19 Grewal 2 ATTACHMENTS 1. Draft By-law 2019-069 — Subdivision Agreement 2. Rezoning Application dated November 14, 2018—deemed complete July 22, 2019 3. Draft Zoning By-law Z690-2019 RECOMMENDATION THAT Report DS-54/19 regarding the Subdivision Agreement and an application for Rezoning To Remove the Holding 2 Provision submitted by Nariender Grewal be received for information; AND THAT By-law 2019-069 being a By-law to authorize a subdivision agreement between Nariender Grewal and the Municipality of Bayham be presented for enactment; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held August 15, 2019 associated with the rezoning application, there were no written or oral submissions received regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Nariender Grewal described as Parts 2-5 on Registered Plan 11R-10449 from Village Residential — Holding 2 [R1(h2)] to Village Residential (R1); AND THAT Zoning By-law Z690-2019 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margar t Underhill ■- ins •w-� � :A Deputy Clerk�Planning Coordinator SCI THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-069 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION AGREEMENT BETWEEN NARIENDER SINGH GREWAL AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF FOUR SEVERED LOTS ON SANDYTOWN ROAD, VILLAGE OF STRAFFORDVILLE, MUNICIPALITY OF BAYHAM THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule "A", being a subdivision agreement with Nariender Singh Grewal (Owner), is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the Subdivision Agreement be registered upon the title to all four(4) lots subject to County of Elgin Consent Applications E63-66/18 described as being Concession North Talbot Road Part Lot 123 being Parts 2-5 on Registered Plan 11R-10449. READ A FIRST and SECOND time this 15th day of August 2019. READ A THIRD time and finally passed this 15th day of August 2019. MAYOR CLERK - 1 SCHEDULE 'A' TO BY-LAW 2019-069 SUBDIVISION AGREEMENT BETWEEN NARIENDER SINGH GREWAL Concession North Talbot Road Part Lot 123 being Parts 2-5 on 11R10449 AND MUNICIPALITY OF BAYHAM - 2 THIS SUBDIVISION AGREEMENT made in duplicate this—day of_2019. BETWEEN: NARIENDER SINGH GREWAL Hereinafter called the "OWNER OR SUBDIVIDER" OF THE FIRST PART AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "CORPORATION" OF THE SECOND PART WHEREAS, the Owner or Subdivider proposes to subdivide and register severed lots on property described as Part Lot 123 Concession North Talbot Road, being PARTS 2-5 on Plan 11 R-10449, Municipality of Bayham, County of Elgin; the said proposed Registered Plan, being appended as Attachment"A"to this Agreement; AND WHEREAS, this Agreement has been made as a condition of consent approval by the County of Elgin Decision dated September 5, 2018 of the Owner's or Subdivider's proposed Consent Applications, County Files E63/18, E64/18, E65/18 and E66/18, and shall be referred to as the Sandytown Road Grewal Development; AND WHEREAS, the Owner or Subdivider, has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided and other matters hereinafter set forth; NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) "Owner or Subdivider" shall include the applicant for the approval of a Subdivision Agreement, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. - 3 (b) "Council" shall mean the Municipal Council of the Corporation of the Municipality of Bayham. (c) "Engineer" shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner or Subdivider agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (a) The Owner or Subdivider agrees to retain a Professional Engineer as the Consulting Engineer of the Owner or Subdivider, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner or Subdivider agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement and where applicable, use the Municipality of Bayham Design and Construction Standards 2018. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation digital and paper reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation's Engineer. - 4 (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation's Engineer. (ix) Supervise the construction of any remedial work required by the Corporation. (c) The Owner or Subdivider agrees with the Corporation that no public services will be installed prior to receiving, in writing, approval of the detailed plans and specifications by the Corporation. 4. LIENS The Owner or Subdivider shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner or Subdivider. The Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner or Subdivider under paragraph 17 of this Agreement. 5. CONVEYANCES AND EASEMENTS Upon completion and acceptance of the Subdivision Agreement, the Owner or Subdivider shall: (i) convey road widening as shown on the Survey Plan as Part 1 on Registered Plan 11R-10449, to the Municipality of Bayham for the purpose of public highway Stewart Road; (ii) provide the Corporation with such rights and easements as it may require for sanitary sewers, drainage and other utility purposes; (iii) provide Hydro One, EastLink Inc. and Epcor Ltd./Union Gas with such easements as each of them may require for utilities Any such conveyance transfer, pursuant to (i) above, shall be in fee simple and for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation's Solicitor, and title to such lands shall be good and free from all liens and encumbrances. - 5 The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee's Solicitor, and the title to lands over which the rights and easements are granted, shall be good and free from liens and encumbrances and if required by the Grantee's Solicitor, the consent of the Elgin County Land Division Committee, to such rights and easements shall be obtained by the Owner or Subdivider. The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title, pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii) above, it shall provide to the Transferee's Solicitor or Grantee's Solicitor, a Certificate of Opinion of Title of the lands in respect of which such transfer and rights and easements are granted, in a form satisfactory to the Transferee's or Grantee's Solicitor, such Certificate or Opinion to be given by a Solicitor authorized to practice Law in the Province of Ontario. The Owner or Subdivider agrees to provide the Corporation with a digital and paper copy of the reference or survey plan designating the lands in respect of which such transfers of title and grants or rights and easements are given. The lands to be transferred and the lands over which rights and easements are to be given, pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration of the Agreement, be in a clean and tidy condition, graded as required, and if necessary, stabilized against erosion. After such lands or such rights and easements are so transferred, the Owner or Subdivider shall not use or permit the use of such lands for the storing of topsoil or any excavated material or equipment except with the written consent of the Corporation, and in the event of default, the Corporation, after giving the Owner or Subdivider such notice as it considers reasonable, may remove such soil, material or equipment and the cost thereof shall be paid by the Owner or Subdivider to the Corporation. 6. SANITARY SEWERS 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 11R10449, 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 'D', 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 lands and outside the subdivision, 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. - 6 7. DRAINAGE AND GRADING (a) The Owner or Subdivider agrees to provide complete storm water management by means of a municipal drain and grading plans for the four lots, including petitioning for municipal drainage works. (b) The Owner or Subdivider agrees to pay for all costs to install the municipal drain, as shown in Attachment"E"; and in the case of incomplete construction the costs incurred by the municipality to complete the drain will be added to the affected property tax roll(s) and collected in like manner 8. ROAD RESTORATION Following the installation of the sanitary sewer system extension, the Owner or Subdivider agrees to restore Sandytown Road to specifications for paved roads in effect at the date hereof and approved by the Corporation (Municipality of Bayham Design and Construction Standards 2018). Security amount to be determined and retained by the Corporation for maintenance 2-year period. 9. ROAD GRADES, ETC. Not applicable (a) GRADE Not applicable 10. CURBS AND GUTTERS Not applicable. 11. SIDEWALKS Not applicable 12. PRIVATE WATER SOURCE The Owner or Subdivider agrees to install a private well for each of the four (4) lots on Sandytown Road. As a matter of public health and safety, the Owner or Subdivider agrees to provide, for each well, water quality testing reports for nitrates and bacteria content and water quantity testing reports, all meeting the Provincial standards for residential use in order to meet the condition of four Consent Applications E63/18, E64/18, E65/18 and E66/18. 13. LOT GRADING, SODDING, LANDSCAPING - 7 (a) The Owner or Subdivider agrees to grade and provide top soil on any portion of the street allowances lying between the front property line of lots and the roadside, save and except any portion of the street allowance within the driveway. (b) Upon the elevations and grades being established in accordance with this Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so long as the Owner or Subdivider is the registered owner of the lot. The Parties agree that the Lot Grading Plan, attached hereto, and marked as Attachment "D" is a photographically reduced copy of the Lot Grading and Servicing Plan, initialed by the parties on the execution of this Agreement and that such initialed Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of Attachment "D", are illegible or conflict with the initialed Plan from which it was made, the initialed Plan shall prevail. (c) If, in the opinion of the Corporation, the Owner or Subdivider has at any time during which the Owner or Subdivider is the registered owner of any lot within the Subdivision Plan failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation's opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner or Subdivider, to the Corporation. (d) Where the Owner or Subdivider has sold a lot within the Subdivision Agreement and in the opinion of the Corporation, the Owner or Subdivider, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c), the Corporation may, after giving such notice to the subsequent Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and remove anything from the lot as in the Corporation's opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen (15) days after the mailing of the statement to the subsequent Owner or Subdivider, at his/her last known address. 14. STORM WATER MANAGMENT Storm water management lands are not required. 15. ADMINISTRATION AND INSPECTION COSTS - 8 (a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (b) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Corporation. The Owner or Subdivider hereby agrees to pay all accounts of the Corporation in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Corporation. 16. FINANCIAL PAYMENTS — CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner or Subdivider as specified. (a) PARKLAND DEDICATION FEE The Owner or Subdivider shall provide parkland dedication in the form of cash-in-lieu $500.00 per created lot. This value is to be $2000.00 and shall be collected as a condition of consent applications E63/18, E64/18, E65/18 and E66/18. (b) STREET LIGHTING Streetlights are not required. (c) ELECTRICAL DISTRIBUTION SYSTEM The installation of a complete electrical system is not required. (d) LOT FRONTAGE AND CONNECTION CHARGES (i) The Owner or Subdivider acknowledges and will be responsible for the payment of the Corporation's Lot Frontage and Connection Charges for the municipal sanitary sewer system as established by the Corporation and CPI adjusted annually. Such payment shall be made at the time of the issuance of a building permit. 17. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner or Subdivider, shall supply the Corporation with a Liability Insurance Policy in the amount of Five Million ($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner or Subdivider. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner or Subdivider, - 9 agrees to pay the cost of such renewal or renewals within Fourteen (14) days of the account therefore being rendered by the Corporation. The Owner or Subdivider shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (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 $24,750.00 (Twenty-four Thousand, Seven Hundred and Fifty dollars) which is Seventy-Five per cent (75%) of the estimated cost of the sanitary sewer works as set out in Attachment "C" and with security for performance and completion of all drainage works required by this Agreement, in an amount of $25,000.00 (Twenty-five Thousand Dollars) which is approximately 50% of the estimated cost of the drainage works as set out in Attachment"E". 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. The said security shall be for the period of time set forth in Attachment "B" for the completion of the works. (b) The Owner or Subdivider agrees with the Corporation that after Fifty percent (50%) of the said works are completed, to the satisfaction of the Corporation, the amount of the security will be progressively reduced to the amount equal to the estimated cost of the uncompleted work, plus Twenty per cent (20%) as determined by the Corporation's Engineer. The reduction will be made after the receipt of the progress certificate from the Consulting Engineer, proof that the contractor has been paid, and approval by the Corporation. However, the said security will not be allowed to be reduced below Twenty-Five per cent (25%) of the estimated cost of all works until all of the work has been completed to the satisfaction of the Corporation's Engineer and the Corporation and the Owner or Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If staging is approved by Council, the above shall be applicable per stage. 19. MAINTENANCE GUARANTEE The Owner or Subdivider agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner or Subdivider, will provide at his/her own expense, a Letter of Credit for the sum of Twenty-Five per cent (25%) of the actual cost of all the works still - 10 subject to the guarantee, to guarantee the workmanship and materials for a period of Two (2) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING The Owner or Subdivider agrees that no building shall be occupied or used for any purpose in the subdivided lots until municipal sanitary sewer and private water wells are in operation, and in the opinion of the Corporation, capable of providing adequate service. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner or Subdivider agrees to complete the work required under this Agreement within the Time Limits specified in the Attachment attached hereto as Attachment "B", and to guarantee the workmanship and materials for a period of Two (2) years from the date that the said works are approved, in writing, by the Corporation. Any work other than that specifically provided for in Attachment "B" shall be completed within the time limit provided for herein. The Owner or Subdivider shall, in the period prior to final acceptance of the services or utilities to be constructed under this Agreement as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner or Subdivider fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner or Subdivider is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner or Subdivider neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner or Subdivider neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shall the Owner or Subdivider, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner or Subdivider and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, - 11 shall be required for the proper completion of the said work, at the cost and expense of the Owner or Subdivider, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner or Subdivider shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner or Subdivider, it being hereby declared and agreed that the assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 23. GENERAL PROVISIONS The Owner or Subdivider agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner or Subdivider agrees that this Agreement shall be registered by the Corporation's Solicitor upon the title to the lands and agrees to pay all solicitor's fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith, upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, such work to be completed in a good workmanlike manner and at the expense of the Owner or Subdivider with the proper approvals. (c) PUBLIC LANDS — FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, other than the actual construction of roads in the subdivision without the written consent of the authority responsible for such lands. The Owner or Subdivider shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner or Subdivider's compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS - 12 The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner or Subdivider within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner or Subdivider further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the Subdivision Agreement for registration the Owner or Subdivider shall pay the taxes in full for all the lands included in the said Subdivision Agreement according to the last revised assessment roll, until the lands are assessed and billed as separate registered lots. (g) LOCAL IMPROVEMENTS Prior to the release of the Subdivision Agreement for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said Subdivision Plan. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. Any and all approval of plans and specifications by the Corporation does not relieve the Owner or Subdivider of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner or Subdivider to supply any third party contractor with all necessary information to complete the works contemplated under this Agreement. (i) STREETS No internal streets included in the subdivision agreement. (j) STREET SIGNS No street signs and traffic control signs are required by the Municipality. (k) LICENCE TO ENTER - 13 To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (I) SANDING, DUST CONTROL, SNOW/ICE REMOVAL FROM ROADS Not applicable. (m) SURVEY MONUMENTS AND MARKERS Prior to the formal acceptance of the services and roadwork by the Corporation, the Owner or Subdivider shall supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he/she has found all standard iron bars and survey monuments as they pertain to only vacant lots remaining on the date of the acceptance of the subdivision agreement. (n) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation's bank shall be payable by the Owner or Subdivider, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen (14) days after the date of the invoice. (o) CANCELLATION OF AGREEMENT In the event the Subdivision Agreement is not registered within one year from the date hereof, the Corporation may, at its option, on one month's notice to the Owner or Subdivider, declare this Agreement to be null and void. (p) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (q) UNSOLD LOTS The Owner or Subdivider is to provide suitable weed control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a charge or lien to the property. (r) STAGING - 14 The Owner or Subdivider covenants and agrees that the construction of the sanitary sewer extension and connections to the subdivided lots will be completed in one year in accordance with Time Limit proposal as specified in Attachment "B". (s) BUILDING PERMITS The Owner or Subdivider covenants and agrees not to apply for any building permit for any building on the lands until the following pre- requisites have been satisfied: 1. The Water/Wastewater Operations Manager has advised in writing that all sanitary sewer main systems, as applicable, have been constructed and installed in accordance with this agreement and connected to existing facilities that are in operation and until the entire system is, in the opinion of the Manager, capable of servicing said lands. 2. The Road Operations Supervisor has advised in writing that rough grading has been carried out to his/her satisfaction and that building permits may be issued in accordance with the grading control plan attached hereto as Attachment 'D'; and road restoration; and utilities have been installed. Exceptions to this condition may be permitted where, in the opinion of the Road Operations Supervisor, there are extenuating circumstances. In these cases, the Owner or Subdivider shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner or Subdivider. 3. The Owner or Subdivider has satisfied all the financial requirements under this agreement. (t) SIGNAGE FOR PROJECT The Owner or Subdivider is entitled to erect one sign on the property of the proposed plan advertising the project. Any sign erected must conform to the Corporation Sign By-law. The sign must be kept in good repair at all times and will be required to be removed once all lots are sold. _ (u) TREE PLANTING Not required. (v) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner or Subdivider agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion provisions such as silt fencing, straw bales and rough - 15 grading of undeveloped lots to maintain all surface water on developed property. (w) DRIVEWAY APPROACHES The Owner or Subdivider shall pave or hard surface all driveway aprons to the satisfaction of the Road Operations Supervisor upon the construction of the building serviced by any such driveway. (Municipality of Bayham Design and Construction Standards 2018, Residential Driveway Entrance MSD-10) 24. The Owner or Subdivider agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications; also, of all excavations, drains, sheathing, shoring, false-work, forms, tools, appliances, and materials necessary for the safe expeditious and effective execution of all temporary and permanent work. The Owner or Subdivider shall be responsible for obtaining the location of all other Utilities such as Electric Underground Cables, Telephone Conduits, Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the utility concerned, and must protect and/or repair same subject to the regulations of the particular service involved. Excavations, backfilling and all work on Municipal Streets must have the approval of the Engineer and/or Corporation. Pavements, driveways, entrance to property, lawns, etc., must be replaced in as good condition as found. Barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize the risk of damage and inconvenience to others. All work shall be carried out so that it conforms to the regulations of the Trench Excavators Act, and the Worker's Compensation Board, as it pertains to the safe working conditions of the workers employed on the job. The Owner or Subdivider shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. The closing of roads due to the installation of sanitary sewer main must have the advance approval of the Corporation's - 16 Engineer and the Owner or Subdivider, must observe all applicable regulations. In the absence of the Owner or Subdivider from the job (whether permanent or temporary), he/she shall provide and leave a competent and reliable agent or foreman in charge and all notices, communications, instructions, or orders given, sent, or served upon this person, shall be taken as served upon the Owner or Subdivider. (b) SPECIFICATIONS The installation of the sanitary sewer system extension is to be carried out in accordance with the specifications previously referred to as supplied by the Corporation. These specifications are considered to be a part of this Agreement. The Owner or Subdivider is required to obtain the necessary approvals and permits from the Ministry of Environment, Conservation & Parks (MECP) and provide approvals confirmation to the Corporation. The installation of the municipal drain system is to be carried out in accordance with the specifications provided by the Owner or Subdivider's Engineer and Report accepted by Council. (c) LIENS OR CLAIMS The Owner or Subdivider agrees that, upon applying for final acceptance of the sanitary system extension and municipal drainage works to the said subdivided lots, to supply the Corporation with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner or Subdivider, in connection with the subdivision. 25. Attachments "A" through "D" as listed are attached hereto: 1. Attachment "A" Registered Plan — RP 11R10449 Parts 1-5 2. Attachment "B" Time Limits Estimate 3. Attachment"C" Estimated Costs of Sanitary Sewer Works 4. Attachment "D" Grading and Servicing Plan 5. Attachment "E" Estimate Costs of Drainage Works All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner or Subdivider may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be - 17 reasonably required by the parties for the completion of the work contemplated by this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. Date /7/17 Witness Nariender Singh Grewal, Owner We are authorized to bind the Corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Mayor Clerk .. .... \\fi 0 /q T7-- C7-/in Ejil lj -- PLAN 11R-0-i'l'i ,.--_.... 1111' 4Lair:;TIOAsigti,% ___F,,,b 14 PECCI.O.mo 022021TIO SO, SrEw4ii7 TI3'4 VELQ.20 ''''''''''..,01•/''Ian, 201212.2 8! ,„,,,F,,s 20 020C252. AIN .-.....- .T-A 222., 1'-----7. '7,110o 227./ I , PAhi.1 A.22 I.2.J..1....0 5 COL11.2..1122.AIN 25227-0227 PLAN OF SURVEY 00 PA.0, I LOT 123 -----:1 CONCESSION NORTH OF TALBOT ROAD LEW...201.1.,CA 2.1212.1 Wet 200 MUNICIPALRY OF BAYHAII COUNTY OF ELGIN --.0 20.112 POKE:1'020 1.,1124 NA GEOMATOS Oa PRAM LAND SURVEYORS SURVEYOR'S CERTIFICATE .crRY.12.2. 'Tf,,2%1SF7JT.,..S72:7,4:740'4'7:711g r All PART 2 2 1.2 2.20 PAS 0012,22720 ON ME 512 OAP Or 6,00EP 2012. 'P f Ali. 0 I2---Ar .110,0YI 2,060 ....A I , 11' w '' ,•,', .clk z 5 f 4 F.,..' x . .k> pArrr 3 k • 11 i4 4 z a 6 PART 4 q I N. 9 c 4* .. 1---- .I/ N04,5,01,.5.oeo h• ,T , PART 5 IIll----• .14,0Yr MANI LEGEND NM NOTES: '''''''TIVITIFnOM nrk=D1=0/17'''' '4'::1'''''n 71/iE'nFFrEFiS:1:711S".'''Irr i i PA RI I.1 IR-9,74 Pre J.I.R.,0.1,6 U I g rx E"C 7.s7't.°EC:17-2';';1 rET=70 AV:Mr e LW IONE 17 0 voo.1.01.RICE WS,10.02 00.0 20. .Amom22 won.....P.220.0 7111.2.1.1.22...2' OW PI POW.. M.. OAP 0 0.2.95 51.2732 COORONAlES CANNOT.IN 1NDASELAS.BE USED III TO RE-ESTABLISH CORNERS OR BOUNOARIES SNONN ON RAS KAN. 12 op0.2,12s.{-0,11,3 p2.22 0001,..0 2, 1 s MOT.RON OM rr.... C000122 1.1050.0 re mgt.0.0211i0 AI.110-.1702 HARI,I I R-8703 g w 1 P) 00/0222 0002020..1112-.00. SOUTH EASTERLY CORNER NA GEOMATICS INC. 's LOT 123,CONCESS/ON ONTARIO LANO SURVEYORS 4k NORTH OF TALBO T 621 02102.Sr.200.20010,OP.1.14S ILO AlE7RIC LEL 012250-B212 DISIANCES ANO MORONI.SHOWN ON 1,1/.5 PUN ARC IN ,•`•,,-,`-'• ,...,..."'II."-., A,77,-5 AND CAN HE cavvoiwo 70 0,7 HY 1:11IONG HY er......,,2....... 1 a...4•,,....., I a...4-mm 0 4011, - 19 ATTACHMENT "B" to Subdivision Agreement - Grewal ESTIMATED TIME LIMITS SERVICES TO BE PROVIDED TIME LIMIT FOR CONSTRUCTION (1) Sanitary Sewer Extension Construction August 15, 2020 (2) Road Restoration August 15, 2020 (3) Lot Grading August 15, 2020 (4) Municipal Drain Installation August 15, 2020 L j JDL Cy911..J. DEMEYERE LIMITED John D.UViebe,P.Eng. T Paul Tuff,P Eng. Peter J.Penner,P.Eng. Deren Lyle,P.Eng. Consuiting Engineers Andrew Gilvesy,P. Eng. Matt Sweetland,P Eng. 261 Broadway, PO. Box 460,Tillsonburg,ON N4G 4H8 T_519-688-1000 F.519-842-3235 www.cjdieng.com IT; 1 a 18084 31 January 2019 SANDYTOWN ROAD-LOW PRESSURE SEWER MUNICIPALITY OF BAYHAM-STRAFFORDVILLE COST ESTIMATE 1. End of Existing Forcemain to Flushing Connection, 110 m -50mrnO HDPE SDR 11 Forcemain @$ 140/m $ 15,400.00 2. Relocate Existing Single Flush Connection, 1 @ $1,000/each 1,000.00 3. 50mm0 Valve and Curb Box 1,000.00 4. 32mrnm service incl.saddle, mainstop,curb stop, check valve and cap, 4 @$2,000 8,000.00 5. Restoration of R.O.W. incl.grading and seeding/sod 3,600.00 Sub-Total $29,000.00 Contingency 2,000.00 Engineering 2,000.00 TOTAL(Excl. HST) 533,000.00 The foregoing costs exclude: ® Lot grading; ® Driveway culverts; o Electrical e Geotechnical Andrew Gilvesy, P. Eng., CYRILJ. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG, ONTARIO ® � .I.\�V :: I `b, • MINIMUM TRENCH^ S'MOTHS �G SOL DAR"LS GENERAL NOTES DN THE \�,t, I k • k a I \ t• ` Cs NOT GUMADNT�e,Y THE AREA CPNE Y OR BY a Duan¢U111191OMNm. / ur 31''As IS ay32 ay,33 •.,,,1T °.,. 34 TIe 36 aw a wTes I I } I r , i RSEMm�.um a BAmAM arhrsNGnoNs rPrRr FOR EJNTARY M.S.FORCE..AND IIHI ARE REQUIRED Trey SEM.TO Inn .r.r,AND Tr. mnmu111�1 umu Iee.��� '�1�181111r •,,, 1 I I- -•. roar, Eu,MME - N:r.ILANIO rtMR. REC BROOKS CMNriY LACED( > .-Axoo>mN„wc,m w •'W d 'AN":N TETBH MI CONNECTIONS SI,� STEPHA AIN roAA D Nr. P aT I ! .., I ( ."° _ „N as mm..0D STANE ,�a M / P RIAM mEEDm xa,G °ETC ....• ... • •”/,. iu leu---6 .l lira' ' ,,,.@•, I ae 1 ,. i ,'s, 37 �` wr E%moi wj%` ACCORDANCE CENTACT FININGS. .I.c.Pc Tsn a,a az ''' ,� PRIMURE T,BDP.1.1.T.0 t3 H.*PMG TO mMEDTI.m / 69410LE 21 A ' i n { + .; >.NDM. Damon.NS ::.� T a nNIEDRATED Mm ALL PPE I /c-fl w DBA 1 I , Ir , h,. / .•.Rest.. 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HORIZ. 1:500,VERT. 1:50 MUNICIPALITY OF BA Y H A M - S T R A F F O R D V I L L E _ 0,0 PRmogn...OLE mBAND CR A.cax.Mu0TED •,1,E' Cl 1 Derney 60,261e`�e"" GREWAL SEVERANCES ----�-- SANITARY SO. way •.® a MANIC.Ex o,A.CONSTRUCTED ,42.,,,,, c°is2*00 1(T10*11 NOT s vrn 000 tyThc -pAtit..A TUIs., Tel SANDYTOWN ROAD —�=sum SACRAL,GAT VALVE n... ma(Er DEB%,,ENSRnO slump MaYE•x r P.J.PENNER G G LYES °668 519 3ze5 DENTS BROLESE PROPOSED mHmR,D�MM STREETLIGHT 5.11ND GRADING AND TELEPHONE DISTEND E'n..- AME to DAlmsy E.T. O ma le ConmItYE9EnYln.as k aia..C'''n TAV CAME MST. ELEVATE.OAP/ -CDu 0 BY MHO. `.J °"O ORSON 0V- DRAWN BY:MRD 0150(00 BY:�tP SERVICING PLAN PROPOSED SNNE 55511x0 _. -, PR0Osm SURFACE DRAINAGE E5.m0 =,,r,.....,,--. 0TIa1U ' No. *NISCH DATE BY PRO,ECT NO.190E14 SURVEY 11001PM DATE JAN 2019 DRAWING No. SCHEDULE 'B' - COST ESTIMATE GREWAL DRAIN Municipality of Bayham We have made an estimate of the cost of the proposed work which is outlined in detail as follows: MAIN DRAIN 6 meters of 300mm dia., H.D.P.E. plastic sewer pipe including rodent gate, quarry stone rip-rap protection around pipe and end of ditch (Approximately 6m3 quarry stone req'd) Supply $ 670.00 Installation $ 1,200.00 Installation of the following HDPE pipe, including supply and installation of bedding around pipe 220 meters of 300mm dia. H.D.P.E. $ 9,500.00 135 meters of 200mm dia. HDPE pipe $ 5,800.00 Supply of the above listed pipe $ 9,300.00 Supply and install four 600mm x 600mm catchbasins , and one offset catchbasin including grates, berms, leads, ditching, $ 11,310.00 Exposing and locating existing tile drains and utilities $ 1,000.00 Tile connections and contingencies $ 1,000.00 Allowances under Sections 29& 30 of the Drainage Act $ 2,530.00 ADMINISTRATION Interest and Net Harmonized Sales Tax $ 1,300.00 Survey, Plan and Final Report $ 6,200.00 Expenses $ 990.00 Supervision and Final Inspection $ 1,800.00 TOTAL ESTIMATED COST $ 52,600.00 01144,1 MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 Straffordville, ON NOJ 1Y0 ° Phone(519)866-5521 Fax(519)866-3884 1'0itunity Ise° APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000(Zoning By-law Ame st or Temporary Use Zoning By-law) or $1500(Temporary Use Zoning By-law Renewal) o 1500 r oning Amendment to Remove Holding Provision). If the application is not comple e• in full,the application will be returned. I/We, Narienripr Singh Grewal shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner Property Owner FOR OFFICE USE ONLY/hi/ �/ U�� G1f`�0 _00V—-- Uq0 30 DATE RECEIVED: /hi /VA" AMOUNT RECEIVED: 7 O 0 "� , DEEMED COMPLETE: :IA1 (/9 RECEIPT# : O 7&7 Ne -) FILE NO: LP E�'� DATE ADOPTED BY COUNCIL: ldhSidP(r/ /4-€,/577 bot,lvtsl - en+ l` �/t7VCxX. \J U 9 Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): Grewal, Nariender Singh Address: 502 Moore St. Port Lambton, ON NOP 2B0 Phone No. (Home): 226 998-6464 Business: Fax: Email: nsatnaam@yahoo.ca Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. No 2. Applicant/Authorized Agent: Denis Brolese Address: 230 Orchard Road, Woodstock, ON N4S 7N8 Phone No.: 519 535-9278 Fax: E-mail: dbrolese@live.ca Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent (X ) 3. Legal Description of the land for which the amendment is requested Roll# 3401-000-004-09030 Concession: NTR Lot: Part of Lot 123 Reference Plan No: Part Lot: Street and Municipal Address No.: 8419 Sandytown Line What is the size of property which is subject to this Application? Area: 17411.8 m2 Frontage: 129.796 m Depth: 55.08 m 2008 When were the subject lands purchased by the current owner? Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: Residential How does the application conform to the Official Plan? Proposal is Residential Use 5. Existing Zoning By-law Classification: Village Residential - Holding 2 What are the current uses of the subject lands? Farm Crops If known, provide the length of time these uses have continued on this property. Unknown If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks N/A If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. Remove Holding Provision RI(h2) in Zoning By-law No. Z456-2003 Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? To permit Single Family Residential Homes 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes/No adjustment of a settlement area? NO If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. NO 9. Does the proposed amendment remove land from an area of employment? Yes/No If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested(i.e. permitted uses, buildings or structures to be erected. Be Specific) Single Family Residential Homes For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks Single Family Min. 7.0 m Min. 1.2 m Min. 7.0 m 2 Storey as permitted Residential Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ) (X ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers (X ) ( ) Individual Septic System ( ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day,the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway( ) County Road ( ) Municipal Road—maintained all year(X ) Municipal Road—seasonally maintained ( ) Right-of-way( ) Water( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ) Zoning By-law Amendment( ) Ministers Zoning Order( ) If yes to any of the above, indicate the file number and status of the application. Consent Application E63-66/18 Grewal - Consent Approved OnYi9 Ij iect.h0r15 Elm - ez io - 6415‘,7/5 tyyro are/ ,MA1-A' 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? Section 1.1.3.1 Settlement areas shall be focus of growth ... 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? N/A Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads,watercourses, drainage ditches, banks of rivers or streams,wetlands,wooded areas, wells and septic tanks)that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council k5 fc4N, /4(e2/ 4k-e/0 0/9 - 06 he 49' `/9. -> ,_)o,i: ?/7 ' 'f 1 X•Ie, /�:� iiic , iThECP aV/re(h - ervii/6-21G{ / /1,Y1z'di() a S rk?,/2'L- /cLci// brif v/iSery... /9"ree-01 ell 71" %i S /� �ei v( vtie/A5-/7rifeir?en (/`1Cludel 111 6,//( / 7/�/v�c�� �i� 6c�/✓ iGr l �e/� .-7 �' Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, location, .-: zoning of the farm parcel with which the subject lands are being consolidated. Roll# 34-01 - 911 Address: Zoning Classification: I/We, Grewal, Nariender Singh , of the Village Name Town/Township/City/Village etc. of Port Lambton , in the County of Lambton , do solemnly declare: Municipality Name County Name (I) that I/We am/are the owner(s) of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint Denis Brolese to act as an Agent on my/our behalf in all aspects of this application. Owner(s)Signature(s): And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". ,-�% �Z DECLARED BEFORE ME at the: / t�("le :-s City of Woodstock Owner/Agent -,4. in the CountyftgOR of Oxford this 2 5 day of Octo 6-r 20 18 t� Owner/Agent A Commissioner, etc. David James Raithby,a Commissioner,etc., Province of Ontario, for Benedict Raithby Inc. Expires December 10,2018 sr��,q�'l �.�q 46-,„��r�'Qq� PLANNING SKETCH m PUBI/C 7 R4pe- RQgOJ 4"040 4.05 ', 0 57.o0 4.50m(IYPJg' ` •0o 4.05 .,m1,: f, .... ....._ .f20.12 C.:1 et QI I 0 O cd a y' u 0 0I We iWu) tdI5 PROPOSED SINGLE o- o W FAMILY RES/DENT/ALm I Z \ k.‘ Ni I h L. — 11/004Y • ZI O OR/VEWAY LJ o WI O ec ec r•-• a I PROPOSED SINGLE o• FAMILY RES/DENT/AL °I W I a W L ' _ a r ' ' 5:08 • --- • ` —ry _3 c t� Q • 1 m Q V W I o• Y V N I PROPOSED SINGLEW' o M FAMILY RES/DENT/AL o I . (4N • - — � NEWAYt col JORz 7.Gbm(IYR)--/ . Ulra(IYR). -'--5-5.08" • -- • ..._ kul Q DRIVEWAY O a M ' 1I N a I PROPOSED SINGLE o' Q z y • FAMILY RESIDENTIAL 9 I a z a 5• o N (J) jI e L . K. 55.08 ` . J V RES/DENT/AL ta1(m'J 7cta>,l A) NA GEOMATICS INC. SCALE: 1 : 750 METRIC ONTARIO LAND SURVEYORS 107 ERIE STREET, STRATFORD, ON., N5A 2M5 11110 0 10 20 30 40 metres TEL: 519-273-3205 Exam m���m��� 871 DUNDAS ST., WOODSTOCK, ON., N4S 1G8 V ' NA GEOMAT1CS INC. TEL: 519-537-6212 ONTARIO LAND SURVEYORS Date:13-Nov-18 I Cad I Checked By:D.anolthby .dwg Drawn By:T.Shulman 'Checked t3y:D. Roithby I File No.18-7053 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z690-2019 GREWAL BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "F" Straffordville, by deleting from the Village Residential — holding (R1(h2)) Zone and adding to the Village Residential (R1) Zone those lands outlined in heavy solid lines and marked R1 on Schedule "F" Straffordville to this By-law, which is attached to and forms part of this By-law. 2) THIS By-law shall come into force on the date of passing. READ A FIRST TIME AND SECOND TIME THIS 15th AUGUST 2019. READ A THIRD TIME AND FINALLY PASSED THIS 15th AUGUST 2019. MAYOR CLERK SEE SCHEDULE A-MAP No.5 SEE SCHEDULE A-MAP No.6 L I1 /\ 1 _ , / ..."'"'°..\ i I \ / \ R1 v "..'st-,I •.-.11 °x 7 Cti J /�yT�ISTREET".' - r.., STRE,� �3� 1 TREE I . '''.,.................„,,j . I L. l I s7 STREET T —_�Ia sr RIrA i— INS LT I i i � __ � _�:_ _--�_ Ty ilR � 11 sTR I 1 i This is Schedule"A"to By-law - - - __ _ - • No.2690-2019, passed the ,�- / day ofA,2019 SEE SCHEDULE A-MAP No.8 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE F Legend NORTH STRAFFORDVILLE (-, LPRCA Regulation Limit o Sao 200 aaa metres ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 From: ICIP Rural (OMAFRA)<ICIPRural@ontario.ca> Sent:July 18, 2019 4:07 PM To: Paul Shipway<PShipway@bayham.on.ca> Subject: ICIP Rural and Northern Funding Stream Important Information Case #2019-03-1-1295355977 Project Title: Light Line Road Reconstruction Bayham M To: pshipway@bayham.on.ca Cc: pshipway@bayham.on.ca Dear CAO/Clerk: I am writing to provide you with an update to your community's project, which was submitted under the 2019 intake of the Rural and Northern funding stream of the Investing in Canada Infrastructure Program (ICIP). Following an evidence-based provincial review process, your project was not nominated for federal review and approval. The 2019 intake of the Rural and Northern funding stream was highly competitive, and demand far exceeded the available funding — about $1 billion in funding was requested, however only$417 million in federal and provincial funding is available. Projects that were nominated to the federal government for review and approval were those that most closely aligned with provincial assessment criteria and federal requirements. The provincial assessment criteria included reviewing projects based on critical health and safety aspects, the technical merit of the proposed project, the funding need of the proposed project and efficiencies through joint projects. Your community could access federal funding through other ICIP streams launching this year including the Community, Culture and Recreation funding stream and/or Green funding stream. Details for the funding streams will be shared as soon as the information is available. Ministry staff are available to provide additional details on your project's assessment. Staff can be reached via phone at 1-877-424-1300 or email at ICIPRural©ontario.ca. Sincerely, Julia Danos Director of Intergovernmental Policy Ministry of Infrastructure Ministry of Ministere des Municipal Affairs Affaires municipales and Housing et du Logement Office of the Minister Bureau du ministre Imm Ontario 777 Bay Street, 17`h Floor 777,rue Bay, 17e etage Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel.:416 585-7000 Tel. :416 585-7000 July 22, 2019 Dear Head of Council: RE: Provincial Policy Statement Review — Draft Policies I am writing today to announce that my ministry is launching a consultation on proposed policy changes to the Provincial Policy Statement (PPS). The PPS is an important part of Ontario's land use planning system, setting out the provincial land use policy direction. Municipalities play a key role in implementing these policies through local official plans, zoning by-laws and other planning decisions. The Planning Act requires that decisions on land use planning matters be "consistent with" the Provincial Policy Statement policies. The government is consulting on draft policy changes to: • Encourage the development of an increased mix and supply of housing • Protect the environment and public safety • Reduce barriers and costs for development and provide greater predictability • Support rural, northern and Indigenous communities • Support the economy and job creation The proposed PPS policy changes support the implementation of More Homes, More Choice: Ontario's Housing Supply Action Plan. The Action Plan includes a series of distinct but coordinated initiatives to address housing supply, including a review of the Provincial Policy Statement. The proposed PPS changes work together with other recent changes to the land use planning system — including to the Planning Act through Bill 108, More Homes, More Choice Act, 2019 (once proclaimed) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe. For more information about the consultation, please visit http://www.mah.gov.on.ca/Page215.aspx where you will find: • A link to the posting on the Environment Registry of Ontario (ERO #019-0279), including the proposed Provincial Policy Statement and questions to consider • Information on how to provide comments The consultation is open for 90 days and closes on October 21, 2019. .../2 - 2 - I look forward to hearing your ideas on the proposed changes to the Provincial Policy Statement. If you have any questions about the consultation, please contact the ministry at planningconsultation@ontario.ca or by calling 1-877-711-8208. Sincerely, Steve Clark Minister c: Planning Head and/or Clerks y;! rt t7:5• THE CORPORATION OF THE CITY OF STRATFORD Resolution: Opposition to Changes in 2019 Provincial Budget and Planning Act WHEREAS on April 11, 2019, the Provincial government tabled a new budget, some of which represents a significant shift in priorities, with direct implications to the City of Stratford and municipalities across Ontario; AND WHEREAS this shift in priorities will put disproportionate pressure on municipal governments to either fully fund Provincially discontinued programs or partially supplement programs and services at current service levels; AND WHEREAS the City of Stratford recognizes that the Government of Ontario announced in May 2019 that it will reverse mid-year cuts to critical services of public health, childcare and ambulance services and requests an opportunity to work collaboratively to find solutions that will work for all partners and protect services prior to drafting 2020 budgets; AND WHEREAS previous legislation that abolished the OMB and replaced it with LPAT received unanimous — all party support as all parties recognized that local governments should have the authority to uphold their provincially approved Official Plans and community driven planning; AND WHEREAS in the spirit of working together for the benefit of all Ontario residents, Stratford City Council opposes the upcoming changes to the Planning Act as municipalities were not consulted and afforded an opportunity to provide feedback; AND REQUESTS a meeting with MPP Pettapiece, the Minister of Municipal Affairs and other related ministries on the effects of downloading onto municipal governments; AND THAT this resolution be forwarded to all municipalities in Ontario and to AMO. The Corporation of the City of Stratford, P.O. Box 818, Stratford ON N5A 6W1 Attention: City Clerk, 519-271-0250 ext 235, clerks@stratford.ca "Community Excellence with Worldwide Impact" RESOLUTION NO.: 2019- 'S McDougall DATE: July 17, 2019 Fit 1172 CARRIED: DEFEATED: MOVED BY: DIVISION LIST FOR AGAINST Councillor Constable Councillor Dixon SECONDED BY: Councillor Gregory Councillor Ryman rllL...r Mayor Robinson THAT the Council for the Corporation of the Municipality of McDougall supports the attached resolution of the Township of Warwick regarding enforcement for safety on family farms. MAYOR TOWNSHIP OF WARWICK . "A Community in Action" °`v yet a 6332 Nauvoo Road, R.R. #8, Watford, ON NOM 2S0 Township Office: (519) 849-392611-877-849-3926 Works Department: (519) 849-3923 Watford Arena: (519) 876-2808 Fax: (519) 849-6136 Website: www.warwicktownship.ca E-mail: info©warwicktownship.ca June 26, 2019 The Honourable Doug Downey, Attorney General of Ontario Ministry of the Attorney General 720 Bay Street 11th Floor Toronto, ON M7A 2S9 Dear Honourable Sir: Re: Resolution Regarding Enforcement for Safety on Family Farms Please be advised that Warwick Township Council adopted the following resolution at their regular meeting on June 17, 2019: WHEREAS agriculture is the second largest industry in Ontario, contributing $13.7 billion annually to Ontario's GDP and is essential for putting food on the tables of millions of people here and around the world; AND WHEREAS in recent months there has been a steady increase in harassment of farmers and livestock transporters by activists opposed to animal agriculture and the consumption of animals; AND WHEREAS the protests have become blatantly illegal in nature with extremist groups trespassing onto private property, unlawfully entering into buildings and removing animals without fear of prosecution and even promoting and publishing their crimes on social media; AND WHEREAS maintaining proper biosecurity is essential to ensure the health and well-being of the animals cared for on these agricultural operations; AND WHEREAS the recent attacks on farmers homes and businesses have resulted in no criminal charges laid, leaving farmers feeling unprotected by the Ontario legal system and afraid for the welfare of themselves, their families, their employees and the animals they care for; NOW THEREFORE BE IT RESOLVED THAT the Council for the Corporation of the Township of Warwick requests that Hon. Doug Downey work with his fellow MPP's and agricultural leaders to find a better way forward to ensure stronger enforcement of existing laws- or new legislation - to ensure the safety of Ontario's farm families, employees and animals; AND BE IT FURTHER RESOLVED THAT this motion be circulated to Hon. Doug Downey, Ministry of the Attorney General, Hon. Doug Ford, Premier of Ontario, Hon. Sylvia Jones, Solicitor General and Hon. Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs and all Municipalities in the Province of Ontario, AMO, and ROMA. - Carried. Yours truly, '1. 'R.. Amanda Gubbels Administrator/Clerk Township of Warwick cc: The Honourable Doug Ford, Premier of Ontario The Honourable Sylvia Jones, Solicitor General The Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs All Ontario Municipalities Association of Municipalities of Ontario (AMO) Rural Ontario Municipal Association (ROMA) ae'LOW,�,S H°„IN '6,, Township Township of McKellar 701 Hwy#124, P.O. Box 69, McKellar, Ontario POG 1C0 Phone: (705) 389-2842 \ ”( Fax: (705) 389-1244 July 16, 2019 Hon. Doug Ford, Premier Legislative Building Rm 281, Queen's Park Toronto, Ontario M7A 1A1 Dear Premier Ford, Re: MUNICIPAL AMALGAMATION Please be advised that at its regular meeting held, Monday July 15, 2019 the Council of the Township of McKellar passed the following resolution: 19-355 WHEREAS there are 444 municipalities in Ontario that are very efficient and well- governed, and who respond quickly to ratepayer's needs; AND WHEREAS in the 1990's the Conservative Government forced many municipalities to amalgamate on the guise they would become more efficient, effective, save money, lower taxes and ultimately reduce the provincial deficit; AND WHEREAS there has never been a valid evidence-based study that supported these outcomes; AND WHEREAS forced amalgamation actually accomplished just the opposite: ill feelings, increased animosity and mistrust,job losses,rise in local taxes and an increase in the provincial deficit; AND WHEREAS there are many positive examples of small rural and northern municipalities working together in a collaborate and cooperative manner via shared agreements that responds to local needs without amalgamation and provincial interference; AND WHEREAS the Provincial Government has a large deficit due to their own decision-making; AND WHEREAS recently the same Conservative Government recently reduced one large regional municipal government by 50%,without"consultation"; AND WHEREAS this same Conservative Government is presently reviewing other provincial regional governments through a purported"consultative"approach with a view to reduce or eliminate them; AND WHEREAS the Provincial Government should investigate all other internal ways of reducing their deficit and becoming more fiscally responsible over time rather than downloading to the one level of government that is the most efficient, has the lowest cost and is closest to the electorate which will not put a dent in the provincial deficit; AND WHEREAS the Province could look at what other provinces have done to reduce the debt with one singular education system, organizing unorganized municipalities, controlling OPP costs, substantially increase fines, and find a way to collect millions and millions of dollars in unpaid fines and instead,invest in the north to create jobs and stimulate and enhance economic development; NOW THEREFORE BE IT RESOLVED that before the Provincial Government forces amalgamation in any of the 444 municipalities in Ontario,our AMO organization go beyond requesting"consultation"and"demand"that the Provincial Government do the following: 1) Hold a local referendum letting the citizens decide to amalgamate or not 2) Conduct an evidence-based study to show that amalgamation actually saves costs,jobs, lowers taxes and reduce the provincial deficit 3) Allow those municipalities to work out their own local collaborative agreement that best suit their local needs and to be permitted to do so on their own time line and volition 4) To ensure that there is absolutely no conflict of interest in this consultative process 5) To emphasize the political reality of forcing amalgamation on the many rural and northern municipalities across Ontario AND FURTHER that a copy of this resolution be sent to Doug Ford,Premier of Ontario; Christine Elliott,Deputy Premier; Steve Clark,Minister of Municipal Affairs;Andrea Horwath,Leader of the New Democratic Party; and all MPPs in the Province of Ontario; AND FURTHER that a copy of this resolution be sent to the Association of Municipalities of Ontario(AMO),the Northwestern Ontario Municipal Association (NOMA),Rural Ontario Municipalities Association(ROMA),Federation of Northern Ontario Municipalities (FONOM),the District of Parry Sound Municipal Association(DPSMA)and all Ontario municipalities for their consideration. Carried Sincerely, "ditl'ilett9: TammyyIVA Clerk Administrator 2 Cc: Deputy Premier of Ontario; Minister of Municipal Affairs and Housing; Leader of the New Democratic Party; All Ontario MPP's; Association of Municipalities of Ontario(AMO); Northwestern Ontario Municipal Association(NOMA); Rural Ontario Municipalities Association(ROMA); Federation of Northern Ontario Municipalities(FONOM); District of Parry Sound Municipal Association(DPSMA); all Ontario municipalities O:\Council mtg letters\July 15 2019/Municipal Amalgamation 3 Wei*100,14 TOWN OF HALTON HILLS IWorking Together Working for You! THE CORPORATION OF THE TOWN OF HALTON HILLS 9 /9/ Moved by: G _A/ Date: July 8, 2019 Councillor Clark Somerville Seconded by: 9g, Q /' 7iJ Resolution No.: WHEREAS the Province of Ontario, through the Ministry of the Environment, Conservation and Parks, has posted a discussion paper entitled "Reducing Litter and Waste in our Communities"; AN WHEREAS producer responsibility has not been adequately addressed by the Province of Ontario; AND WHEREAS a successful deposit/return program for single use plastic, aluminum and metal drink containers has been in existence in other Provinces in Canada including Newfoundland, Nova Scotia and British Columbia; AND WHEREAS these successful program have eliminated many of these containers from the natural environment; THERFORE BE IT RESOLVED that the Council of the Town of Halton Hills call upon the Province of Ontario, through the discussion paper entitled "Reducing Litter and Waste in our Communities", to review and implement a deposit/return program for all single use plastic, aluminum and metal drink containers; AND FURTHER THAT that the Province of Ontario review current producer requirements and look for extended producer responsibility for all packaging; AND FURTHER THAT a copy of this motion be sent to the Premier of Ontario; the Minister of the Environment, Conservation and Parks; the Minister of Municipal Affairs; the Association of Municipalities of Ontario; the :-gion of Halto :rid all municipalities in the Province of Ontario. 1 fa tag Ma or Rick Bonnette i6sf 6 Page 1 ElgiinnCounty July 9, 2019 Progressive by Nature ELGIN COUNTY COUNCIL MINUTES July 9, 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 Michele Harris, Director of Homes and Seniors Services Brian Masschaele, Director of Community and Cultural Services Steve Evans, Manager of Planning Stephen Gibson, County Solicitor Jenna Fentie, Legislative Services Coordinator 1. CALL TO ORDER Elgin County Council met this 9th day of July, 2019 in the Council Chambers, at the County Administration Building, St. Thomas at 9:02 a.m.with Warden McPhail in the chair. 2. ADOPTION OF MINUTES Moved by: Councillor Jones Seconded by: Councillor Marks Resolved that the minutes of the meeting held on June 25,2019 be adopted. - Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 Retirement Recognition—Rob Bryce, Director of Human Resources Warden McPhail presented a certificate of retirement to Rob Bryce, Director of Human Resources and thanked him for 9 years of dedicated service to the County of Elgin. 4.2 St.Thomas—Elgin Health Recruitment Partnership—Cheryl Fish, Health Recruiter Cheryl Fish, Health Recruiter for City of St. Thomas—County of Elgin provided a presentation to Council outlining the role of the Partnership Committee and the strategies and challenges in recruiting physicians in Elgin County. Page 2 July 9, 2019 Moved by: Councillor Jones Seconded by: Councillor Martyn Resolved that the presentation titled "St.Thomas-Elgin Health Recruitment Partnership"from the Health Recruiter for City of St.Thomas—County of Elgin be received and filed. - Motion Carried. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that we do now move into Committee of the Whole Council. - Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 International Plowing Match (IPM) Legacy Agricultural Scholarship—2019 Winners-Warden Warden McPhail congratulated the 2019 winners of the International Plowing Match Scholarship. Nolan McLarty and Murranda McCallum will each receive $2,500 towards their future education in agriculture. Moved by: Councillor Marks Seconded by: Councillor Ketchabaw Resolved that the Warden, County Council and 2010 IPM Executive Committee hereby acknowledge and congratulate Ms. Murranda McCallum of the Township of Southwold ($2,500)and Mr. Nolan McLarty of the Municipality of West Elgin ($2,500)as the 2019 recipients of the International Plowing Match Legacy Agricultural Scholarship. - Motion Carried. 6.2 County Council Strategic Planning -Warden Warden McPhail presented the report recommending that an external facilitator be hired to guide public and staff conversations which will be utilized to inform the corporate mission, vision, priorities, goals, and objectives. Moved by: Councillor Jones Seconded by: Councillor Mennill Resolved that the Chief Administrative Officer be directed to hire an external facilitator to assist with the Strategic Plan group conversations,for an amount not to exceed $10,000; and that the Chief Administrative Officer be directed to provide a report to Council detailing the strategic planning process roll-out and schedule for Council's consideration in August 2019; and that the Chief Administrative Officer be directed to work with the Management Team to provide a follow-up report on Council's 2019 Action Plan validating the measures implemented as a background document for use by Council during the Strategic Planning Process. - Motion Carried. 6.3 POA/Museum Landscaping—Warden Warden McPhail presented the report outlining the landscaping design plans for the Elgin County Heritage Centre and the new POA Courthouse. Page 3 July 9, 2019 Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that the Warden and Chief Administrative Officer be authorized to sign a tree planting agreement with Kettle Creek Conservation Authority(KCCA);and that the report titled"POA/Museum Landscaping"from the POA Steering Committee Chair dated July 3, 2019 be received and filed. - Motion Carried. 6.4 Elgin Natural Heritage Systems Study 2019—Cathy Quinlan and Terry Chapman, Upper Thames Conservation Authority Moved by: Councillor Giguere Seconded by: Councillor Ketchabaw Resolved that the report titled "Elgin Natural Heritage Systems Study 2019"from Cathy Quinlan and Terry Chapman from the Upper Thames Conservation Authority be deferred; and that Cathy Quinlan and Terry Chapman be invited to present at the August 13, 2019 County Council meeting. - Motion Carried. 6.5 Elgin County Official Plan Five(5)Year Review—Natural Heritage System Study—2019(June 5th Draft)—Manager of Planning The Manager of Planning presented the report recommending that the 2019(June 5th Draft)of the Elgin Natural Heritage System Study be made available to the public for review and comment. Moved by: Councillor Giguere Seconded by: Councillor Ketchabaw Resolved that the report titled "Elgin County Official Plan Five(5)Year Review— Natural Heritage System Study—2019"from the Manager of Planning dated June 28, 2019 be deferred to allow the Steering Committee sufficient time to meet and review the Elgin Natural Heritage Systems Study prior to presentation to Council at a future meeting. - Motion Carried. Council recessed at 10:00 a.m.and reconvened at 10:08 a.m. 6.6 Approval for Official Plan Amendment No. 18—Manager of Planning The Manager of Planning provided Council with the information required in order to consider granting approval to Official Plan Amendment No.18 to the Town of Aylmer Official Plan. Moved by: Councillor French Seconded by: Councillor Marks Resolved that the Council of the Corporation of the County of Elgin approves Official Plan Amendment No.18 to the Town of Aylmer Official Plan, File No.AY- OPA18-19; and that staff be directed to provide notice of this decision in accordance with the Planning Act. - Motion Carried. Page 4 July 9, 2019 6.7 Approval for Official Plan Amendment No.19 -Manager of Planning The Manager of Planning provided Council with the information required in order to consider granting approval to Official Plan Amendment No. 19 to the Town of Aylmer Official Plan. Moved by: Councillor French Seconded by: Councillor Jones Resolved that the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 19 to the Town of Aylmer Official Plan, File No.AY- OPA19-19;and that staff be directed to provide notice of this decision in accordance with the Planning Act. - Motion Carried. 6.8 Notice of Final Approval Plan of Vacant Land Condominium—Manager of Planning The Manager of Planning presented the report informing Council that final approval was given for a plan of condominium in the Municipality of Central Elgin on June 4, 2019. Moved by: Councillor Martyn Seconded by: Councillor Marks Resolved that the report titled "Final Approval for a Vacant Land Plan of Condominium (Jacklin Farm Phase 3)"from the Manager of Planning dated June 4, 2019 be received and filed. - Motion Carried. 6.9 Exemption from Draft Plan Approval—Harbourside Corporation—Manager of Planning The Manager of Planning provided Council with the information necessary to consider granting an exemption for a plan of condominium in Port Stanley. Moved by: Councillor Martyn Seconded by: Councillor French Resolved that the Council of the Corporation of the County of Elgin grants an exemption to draft plan approval for a Standard Plan of Condominium for Harbourside Corporation in the Municipality of Central Elgin(Port Stanley) File No. 34CD-CE1702; and that staff be directed to provide a certificate of exemption, sign the final plans and submit them to the Land Registry Office in accordance with the Planning Act and the Condominium Act. - Motion Carried. 6.10 Adult Day Program Fees—Director of Homes and Seniors Services The Director of Homes and Seniors Services presented the report informing Council that the Adult Day Program fees are scheduled to increase effective August 1,2019. Moved by: Councillor Martyn Seconded by: Councillor Giguere Resolved that the report titled "Adult Day Program Fees"from the Director of Homes and Seniors Services dated June 27, 2019 be received and filed. - Motion Carried. Page 5 July 9, 2019 6.11 Newspaper Digitization Funding from Ontario Genealogical Society— Director of Community and Cultural Services The Director of Community and Cultural Services presented the report seeking approval to accept a$7,000 donation from the Elgin County Chapter of the Ontario Genealogical Society for the purpose of funding a project to digitize and publish online select editions of County newspapers. Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that the Elgin County Archives be authorized to accept$7,000 from the Elgin County Chapter of the Ontario Genealogical Society for the purpose of funding a digitization project for Elgin County newspapers; and that the funds be deposited into a project account for this purpose; and that the Warden on behalf of Council issue a letter of appreciation to the President of the Elgin County Chapter of the Ontario Genealogical Society. - Motion Carried. 6.12 2018 Annual Report and Audited Financial Statements-Director of Financial Services The Director of Financial Services presented the report recommending that the 2018 Annual Report and the audited financial statements be approved for publication. Moved by: Councillor Mennill Seconded by: Councillor Jones Resolved that the 2019 Annual Report, Financial Information Return (FIR)and Audited Consolidated Financial Statements be approved for publication. - Motion Carried. 6.13 Port Bruce Bridge Replacement—Structure Alternatives—Director of Engineering Services The Director of Engineering Services presented the report updating Council on the ongoing Municipal Class Environmental Assessment Process and four available alternatives being considered to replace the Port Bruce Bridge. Moved by: Councillor Mennill Seconded by: Councillor Jones Resolved that the report titled "Port Bruce Bridge Replacement—Structure Alternatives"from the Director of Engineering Services dated June 28, 2019 be received and filed. - Motion Carried. 6.14 Imperial Road Transportation Impact Study Preliminary Findings—Director of Engineering Services The Director of Engineering Services presented the report recommending that as a result of the Imperial Road Transportation Impact Study the No-Parking By-law be amended to include sections of Imperial Road in the Township of Malahide. Moved by: Councillor Mennill Seconded by: Councillor Ketchabaw Resolved that the report titled "Imperial Road Transportation Impact Study Preliminary Findings"from the Director of Engineering Services dated June 26, Page 6 July 9, 2019 2019 be received and filed; and that By-law No. 16-11 "Being a By-law for the Regulation of Traffic"Schedule A be amended as follows: 20.8 County Road#73 (Imperial Road)starting 370 metres north of Glencolin Line(NPL)on the east side of Imperial Road north for a distance of 1,325 metres; and 20.9 County Road#73(Imperial Road)starting 370 metres north of Glencolin Line(NPL)on the west side of Imperial Road north for a distance of 1,325 metres. - Motion Carried. 6.15 Community Flag Raising and Flag Protocol Policy—Chief Administrative Officer The Chief Administrative Officer presented the report seeking Council's approval for the installation of a Community Flagpole at the Elgin County Heritage Centre and approval for the new policy"Community Flag Raising and Flag Protocol Policy". Moved by: Councillor Marks Seconded by: Councillor French Resolved that the report titled"Community Flag Raising and Flag Protocol Policy" from the Chief Administrative Officer dated July 1, 2019 be received and filed; and resolved that Council approve the expenditure of$3,000 from the established project budget for the Provincial Offences Administration Building Project for the supply and installation of a flagpole to be located in front of the Heritage Centre building; and resolved that Council approve an additional expenditure for a walkway to the flagpole of 180 square feet at a cost of$4,500 from the established project budget for the Provincial Offences Administration Building project;and resolved that Council approve the proposed "Community Flag Raising Flag Protocol Policy"replacing the"Flag Half-Masting Protocol Policy"previously approved by Council on October 2,2015; and resolved that Council delegate the authority for approving or denying requests for the Community Flag Raising(s)to the Warden, subject to the terms of the Community Flag Raising and Flag Protocol Policy; and resolved that the list of approved Community Flag Raisings be brought forward to Council once a year for information and review purposes; and resolved further that staff be authorized and directed to do all things necessary to give effect to this resolution. - Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration None. 7.2 Items for Information (Consent Agenda) 1. Elgin County Homes Farm to Table Seniors Gathering Event Posters. 2. Class Environmental Assessment Imperial Road Port Bruce Bridge at Catfish Creek Notice of Public Information Centre. 3. Fred Eisenberger, Mayor, City of Hamilton with a letter to Honourable Christine Elliott regarding the proposed changes to public health in Ontario. 4. Jon Pegg, Chief of Emergency Management, Office of the Fire Marshal and Emergency Management congratulating the County of Elgin on achieving compliance with the Emergency Management and Civil Protection Act in 2018. 5. SWIFT Quarterly News Update—June 2019. Page 7 July 9, 2019 Moved by: Councillor Marks Seconded by: Councillor Giguere Resolved that Correspondence Items#1 —5 be received and filed. - Motion Carried. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.1.1 Warden McPhail announced that$19,000 was raised for the Elgin- Middlesex United Way at the Warden's Annual Golf Tournament on June 27, 2019.The Warden expressed his appreciation to the Special Events Committee for their hard work and dedication in planning this year's tournament, and thanked Councillor Jones for volunteering at the event. 8.2 Notice of Motion None. 8.3 Matters of Urgency 8.3.1 Moved by: Councillor Jones Seconded by: Councillor Purcell WHEREAS information has been received that the constitutionality of a provision commonly utilized in Tender/Proposal Documents, by which any tender, proposal,or quotation will not be accepted from any proponent who has made claim or initiates litigation against the inviting municipality is being challenged in an action involving Middlesex County and an asphalt paving contractor. AND WHEREAS Elgin County includes the same or a similar provision in its Tender/Proposal Documents as is relevant in the said action and has utilized the prohibition contained therein in the past. AND WHEREAS staff representatives of the most relevant municipal departments have expressed support for continued inclusion and use of the said prohibition. NOW THEREFORE BE IT RESOLVED THAT: 1. Elgin County Council acknowledges that the litigation involving the constitutionality of the prohibition against acceptance of tenders, proposals, or quotations from active claimants/litigants as included in Tender/Proposal Documents is a matter of significance to its purchasing operations and practices. 2. Elgin County Council acknowledges and declares that its purchasing operations and practices would be adversely affected if the prohibition against acceptance of tenders, proposals, or quotations from active claimants/litigants as included in Tender/Proposal Documents were found to be unconstitutional. - Motion Carried. 8.3.2 Moved by: Councillor Marks Seconded by: Councillor Mennill Resolved that we consider an additional item for closed meeting session in accordance with the Municipal Act to discuss matters under the Municipal Act Section 239(2) regarding contract negotiations. Page 8 July 9, 2019 In-Camera Item#3 (a)the security of the property of the municipality or local board. - Motion Carried. 8.3.3 Moved by: Councillor Marks Seconded by: Councillor Mennill Resolved that we consider an additional item for closed meeting session in accordance with the Municipal Act to discuss matters under the Municipal Act Section 239(2) regarding property matters. In-Camera Item#4 (k)a position, plan,procedure, criteria or instruction to be applied to any negotiations carried on to be carried on by or on behalf of the municipality or local board. - Motion Carried. 8.3.4 Warden McPhail requested Council's direction to send letters welcoming the new Minister of Infrastructure, Minister of Transportation, and Minister of Long-Term Care. Moved by: Councillor Marks Seconded by: Councillor Purcell Resolved that the Warden be directed to send letters to the Minister of Infrastructure, Minister of Transportation, and Minister of Long-Term Care welcoming them to their new roles. - Motion Carried. 9. CLOSED MEETING ITEMS Moved by: Councillor Marks Seconded by: Councillor Martyn 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): In-Camera Item#1 (a) the security of the property of the municipality or local board—Museum and Archives Collection Purchase In-Camera Item#2 (b)personal matters about an identifiable individual, including municipal or local board employees—Human Resources Update In-Camera Item#3 (a) the security of the property of the municipality or local board. In-Camera Item#4 (k)a position,plan,procedure, criteria or instruction to be applied to any negotiations carried on to be carried on by or on behalf of the municipality or local board. - Motion Carried. Page 9 July 9, 2019 10. RECESS None. 11. MOTION TO RISE AND REPORT Moved by: Councillor Purcell Seconded by: Councillor Martyn Resolved that we do now rise and report. - Motion Carried. In-Camera Item#1 —Museum and Archives Collection Purchase Moved by: Councillor Jones Seconded by: Councillor Marks Resolved that staff proceed as directed. - Motion Carried. In-Camera Item#2—Human Resources Update Moved by: Councillor Purcell Seconded by: Councillor Mennill Resolved that staff proceed as directed. - Motion Carried. In-Camera Item#3 Moved by: Councillor Martyn Seconded by: Councillor Giguere Resolved that staff proceed as directed. - Motion Carried. In-Camera Item#4 Moved by: Councillor Jones Seconded by: Councillor French Resolved that staff proceed as directed. - Motion Carried. INTERNATIONAL PLOWING MATCH LEGACY SCHOLARSHIP PRESENTATIONS Warden McPhail congratulated Murranda McCallum of the Township of Southwold and Nolan McLarty of the Municipality of West Elgin on being the 2019 International Plowing Match Legacy Scholarship recipients. Ms. McCallum and Mr. McLarty were each awarded $2,500 towards their future studies in agriculture. 12. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Marks Seconded by: Councillor Jones Resolved that we do now adopt recommendations of the Committee Of The Whole. - Motion Carried. Page 10 July 9, 2019 13. CONSIDERATION OF BY-LAWS 13.1 By-law No. 19-28—No Parking By-law Amendment To Amend the Schedule to By-law No. 16-11 Being a By-law for the Regulation of Traffic. Moved by: Councillor Ketchabaw Seconded by: Councillor French Resolved that By-law No. 19-28 be now read a first, second and third time and finally passed. - Motion Carried. 13.2 By-law 19-29—Ontario Nurses'Association Agreement Renewal BEING a By-law to Authorize the Execution of a Collective Agreement Between the Corporation of the County of Elgin and the Ontario Nurses'Association,with Respect to All Nurses at Elgin Manor,Terrace Lodge and Bobier Villa. Moved by:Councillor Giguere Seconded by: Councillor Jones Resolved that By-law No. 19-29 be now read a first,second and third time and finally passed. - Motion Carried. 13.2 By-law 19-30—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 July 9, 2019 Meeting. Moved by: Councillor Martyn Seconded by: Councillor Mennill Resolved that By-Law No. 19-30 be now read a first,second and third time and finally passed. - Motion Carried. 14. ADJOURNMENT Moved by: Councillor Marks Seconded by: Councillor French Resolved that we do now adjourn at.11:58 a.m.to meet again on August 13, 2019 at the County Administration Building Council Chambers at 9:00 a.m. - Motion Carried. Julie Gonyou, Duncan McPhail, Chief Administrative Officer. Warden. MUNICIPALITY OF BAYHAM AUGUST 2019 41A Y MUNICIPAL NEWSLETTER 9,ycover sayha� MUNICIPALITY OF BAYHAM 56169 HERITAGE LINE, PO BOX 160 —' °PPortynity Isl(0" STRAFFORDVILLE ON NOJ 1Y0 Gateway to Erie's Shore T: 519-866-5521 F: 519-866-3884 AFTER HOURS MUNICIPAL EMERGENCY T: 519-435-6454 W: www.bayham.on.ca E: bayham@bayham.on.ca Community Information, Events and Things To See & Do Visit the municipal website for Municipal News, Alerts —Weather/Safety, Community Information, Sites to See and Things to Do. Check out the "Calendar" for Bayham events. New events are being added regularly. Be aware of Ticks. If you are exploring in long grasses, wear light-coloured clothes to see ticks more easily, wear a hat, wear a long sleeved shirt, spray clothes & shoes with tick repellent, wear long pants tucked into socks and wear closed shoes. Take precautions and be aware. MUNICIPAL TAXES FINAL TAX INSTALLMENT EMAIL BILLING —SIGN UP Final Installment Due Dates: 2019 Final Taxes The option is available for Property August 30, 2019 and Final tax calculations are based Tax and/or Water/Wastewater October 25, 2019 on property assessments and account holders to receive billings by reassessments carried out by email. Easily file and access your Payment options available: MPAC, budget impacts for the bills wherever you have access to Monthly/quarterly pre-authorized Municipality, County & School your email. To sign up for email payments, cheque, on-line or Boards divided into two billing, visit the Municipal Website — telephone banking, cash or debit installments on one bill. "Forms" and complete the "Email at counter. Contact the office to Billing-Subscribe Form".Please refer to the municipal Please contact the Treasury arrange pre-authorized payments website for the 2019 Tax Rates. (PAP). Penalty charges apply to Department with any questions you late payments. may have regarding this service. BY-LAW DEPARTMENT FIRE & EMERGENCY SERVICES The Municipality of Bayham has By-laws in place to ensure Working Smoke Alarms and Carbon Monoxide the health and safety of residents and visitors which can be Detectors are required by law on every floor and found on the municipal website www.bayham.on.ca outside all sleeping areas. Only WORKING The By-law Enforcement Department enforces by-laws Smoke Alarms and Carbon Monoxide Detectors based on complaints/concerns received. can save lives. Both should be tested monthly to Confidential Municipal Law Enforcement Complaint and ensure they are working and should be replaced Service Request Forms are available on the municipal within the time frame recommended by the website under the heading "Forms". manufacturer. By-Law No. 2015-113 s. 2.3 prescribes dog owners or guardians must clean up after their dogs anywhere in the EMERGENCY PLANNING Municipality. Emergencies can strike anywhere, anytime By-Law No. 2015-113 s. 2.4 or 2.5 Owners shall not permit Be prepared — Know the Risks —Make a Plan a dog(s) to run at large Prepare an Emergency Kit By-Law No. 2015-113 s. 2.7 prohibits dogs on the Municipal East Beach between the hours of 8am — 8pm during Jun-Oct Ontario's Emergency Public Warning system is a tool that provides timely & accurate information to By-Law No. 2017-068 s. 4.11.1 Table 4-1 prohibits persistent barking, calling or whining or other similar noise Ontario residents, businesses and visitors during making by any domestic pet at any time. an emergency. To learn more, visit the website www.emergencymanagementontario.ca Visit the Port Burwell Municipal Blue Flag Beach- Free parking Enjoy the Trans Canada Trail/Cycling & Hiking Trail MUNICIPALITY OF BAYHAM AUGUST 2019 CEMETERIES Contact the municipal office for plot procurement and municipal cemetery URBAN AREA LEAF &YARD information. Cemetery Donations can be made at the municipal office. WASTE COLLECTION Cemetery Decoration Days: 3rd Weekend in August — Straffordville Fall Dates: Pickup on 3rd Sunday in August—Calton and Smuck Mondays starting 4th Sunday in August— Best, Bayham West(Richmond), Light, Guysboro, October 21 to November 15. St. Luke's Anglican 1st Sunday in September— Eden Ensure waste is curbside by 2nd Sunday in November (2pm) - Estherville 7am Monday mornings in paper bags or bundled. WASTE COLLECTION SERVICES - HOLIDAY SCHEDULE CHANGES Wednesday, Dec 25/19 collection will be on Thursday, Dec 26/19 See your Waste Schedule and Thursday, Dec 26/19 collection will be on Friday, Dec 27/19 the website for more Wednesday, Jan 1/20 collection will be on Thursday, Jan 2/20 information. Thursday, Jan 2/20 collection will be on Friday, Jan 3/20 MUSEUM BAYHAM BENCH Port Burwell Marine Museum & Historic 1840 Lighthouse PROGRAM 20 Pitt St& 17 Robinson St, Open Daily 10 am—5:30 pm Open until Labour Day. For Off-season Tours call 519-866-5521. Please contact the For info during seasonal hours, 519-874-4807 or email: bayhambayham.on.ca municipal office if interested in sponsoring a bench with COMMUNITY CENTRES an inscribed plaque for Straffordville—56169 Heritage Line placement on approved Hall, Pavilion and Ball Diamond Rental Municipal properties Contact: sccbayham.on.ca or T: 226-931-0262 throughout Bayham. Makes Vienna - 26 Fulton Street a unique gift or memorial for Hall Rental a loved one. Contact: facilitiesbayham.on.ca or T: 226-970-2265 BAYHAM COUNCIL 2018 — 2022 Public is welcome to attend Council meetings held on the 1st and 3rd Thursdays of the month at 7:00pm in the Municipal Office Council Chambers, Lower Level. The schedule is subject to change, check the website. 2020 Pre-Budget Consultation —the Municipality of Bayham invites your suggestions on how to make our community better by asking for your input into setting the 2020 Budget priorities. Through consultation with the public, the municipality can build a stronger community. Submit your feedback, thoughts and suggestions for the 2020 Budget by August 31, 2019 to consultationsbayham.on.ca or by fax 519-866-3884 or mail to the municipal office. Confidential Municipal Law Enforcement Complaint and Service Request Forms are available on the website. DOG TAG REGISTRATIONS/RENEWALS • All dogs new to Bayham, must be registered within 14 days. Failure to do so may result in a fine • Renewals are due by March 31st yearly. Early discount applies for renewals done before Jan 31st each year • If not renewed by April 1st, late fees apply and may also result in a fine • If/when your dog has been spayed/neutered, provide a certificate/proof from a vet for a reduction in tag fee(s). • Urban Areas: Two (2) dogs permitted per household * Rural Areas: Three (3) dogs permitted per household • If you no longer have a dog please contact the office to provide the information to keep our records up-to-date Visit Museums & Historic Sites and climb the 1840 Lighthouse. Enjoy Camping, Boating, Fishing, Shops & Eateries. VNYHA i .41111ir log limmligliglitift Air V ORit j`tuni I� �o��y pp0 NOTICE CONCERNING THE PROPOSED CLOSURE OF A HIGHWAY IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham proposes to permanently close a portion of Otter Street (also known as Valley Lane) as outlined on the Key Map below. ADDITIONAL INFORMATION relating to this proposed permanent closure may be obtained by contacting the Bayham Municipal Office, 56169 Heritage Line, Straffordville, during office hours Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. Comments will be received until 11:00 a.m. August 30, 2019. Council may consider a by-law to permanently close the portion of Otter Street (also known as Valley Lane) at the September 5, 2019 meeting of Council. DATED at the Municipality of Bayham this 8th day of August, 2019. KEY MAP MUNICIPALITY OF BAYHAM (__ -v Paul Shipway, CAOICIerk Municipality of Bayham 56169 Heritage Line ♦ Straffordville, ON, NOJ 1Y0 Telephone: 519-866-5521 consultations@bavham.on.ca io SUBJECT LANDS . ' ,451 _ 000 4 - w 4411. 5 R e U 5 C og Ro Join us in Celebration for the *la °a, eliviiiiiiiiiiiimml i la°I * vs is 0 a 0 • a 4 INI II FRED BODSWORTH PUBLIC LIBRARY GRAND REOPENING Thursday , September 5 , 2019 1 3PM - 5PM 1 1 1 21 Pitt Street , Port Burwell 1 1 1 Light refreshments will be served 1 1I 4.h . ri L 41!"psi II] It li, , i 7 - \f r I 1------- Ilt. 1:1 ii INSY1144,/- 441rikr40441/4.,•,... 4114 ..illaillikli --A„-: 0 Aka_ i ' ° THE CORPORATION OF THE MUNICIPALITY OF BAYHAM IS PLEASED TO INTRODUCE THE PORT BURWELL MARINE MUSEUM & LIGHTHOUSE DISPLAY AT QUEEN'S PARK, TORONTO PORT BURWELL MARINE MUSEUM & HISTORIC (1840) LIGHTHOUSE Exciting News! Visit Queen's Park in Toronto from August until early December and once again see the Port Burwell Marine Museum Exhibit. Through a second successful application process, museum artifacts are on display in the West Wing of the Legislature for the next few months for the public to enjoy. Theme: "Port Burwell and Commercial Fishing on Lake Erie". � r EEE ,,.y _ L - �� -.Y 00.4$40�. : '.-.1 ..... r ,. August 9, 2019 Municipality of Bayham Fencing By Law Proposal We are writing to cancel today, to request that council enact a fencing bylaw for the Municipality of Bayham. Currently there is absolutely no fencing bylaw in place to protect tax paying home owners. Every other community around Bayham and especially surrounding the Lake Erie vacation area has some sort of fencing bylaw in place. They range from very simplistic, ie. West Elgin Bylaw #2015-56 2.7 - No person shall construct a fence that is greather than .06 metres (2 ft) in height along any point of a sight triangle and such fence must be of open construction. 3.1 - Fences in Rear Yards No fence erected in a rear yard shall exceed 1.8 metres (6 ft) in height Some are more complex and specific, ie. Chatham Kent Bylaw #142-2014 5.0 - Fences on Residential Lots no person shall erect, construct or cause or permit to be erected or constructed a fence on a residential lot except in accordance with the following: (1) A fence within any front yard shall not exceed a height of .76 m (30 in) (2) A fence within any rear yard or side yard shall not exceed a height of 2.1 m (7 ft) (3) No fence or hedge exceeding a height of .76 m (30 in) within any visibility triangle from future litigation. If/when we decide to sell our home,we will be seeking legal advice on how the erection of a "Spite Fence" has impacted our resale value. Not To mention how it has negatively affected our enjoyment of our property. We ask that you, as a council, take the necessary steps to enact local bylaws to protect the citizens that you represent. Respectfully yours,s Bob and Sue Drayson Enclosed please see before and after photos of our rear yard facing Lake Erie to see why we feel a fence bylaw is needed sooner rather than later. k,, �rk.. +{r I ,. ,., .,. _ , . .,,,,, ,,.‘7..-,-..'.•'.' .r I Y.Yt q - n ` ° 4'tF+,{9i v- rkir �aV,j �'% -td'L;kW f {r .. \`ice k 1D4 rr ' ( 'tF •4';... ,I �kt*44t...A� /r� I y 3 •.•' "+mow:••' ° 4 ' .,t !,.• , 1 'ta ; -, :t. /+41 } Al A` T -f 4` .°. 3'r r ,t,..K • 'u 1 ..,•„.•,,..,"ku7 . Jt / .i 6 oe'9f ' J � ' ` lti} 'Fti ` '1, ' 3. - r e ..,-,,L-,-._.1..,,:1,.-- -..A.,:,.-„:3,-.,-. ...4': :l'. -- ... !, ,:,. . A t: � ,,.....i., . . .. .,. .,. . , •� C�'* --1.b4,..,-,.. i Y' �`moi I \� / -'�``'�?-ash=x4t "' { = t�.. .'--I. �`� �\` cv L, f p , � .w t.. 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V-'4` 4-"** - , CI f p:,-;4 -4' ,•,k'N ' '' ,''''''. /'''''' 7 ,c7 7 �f � � a i � j e,`� � rh' r 1� ,u �h r� �i< ��.t T f � t e. �� �� � l t ' 3 . ,, ,',}� 0. , �• Ail `'t i € 2 - 1 ,r r._ • • i, �' €'i•d �? i ' ,‘0'..;'3'.-,. iji ''` €1S.'S;�Ar R �`f �� �1 ; �) €Qj#i.,••,`� F �+ {y i } • k...„... ,_ . . _ • ' k , i If} tae . w - ,.<. _s Jia• a _ _ .,._. Y G '..7 •- ' ''.1‘;',-,_:.,,,*.,_. � `L '� 1 v c y _ L � ciM Vii`: -y ' .,.usrc..wan+...�.yaearsshr..._ -. ElginCounty July 24 , 2019 Delivered by E- mail Mr. Paul Shipway, CAO Municipality of Bayham 56169 Heritage Line , P . O . Box 160 Straffordville ON NOJ 1Y0 pshipway@bayham . on . ca Re : New Exterior Signage for Fred Bodsworth Public Library of Port Burwell Dear Mr. Shipway: Elgin County Library is seeking approval from Bayham Council on the attached design concept and schematic drawing for new exterior signage for Fred Bodsworth Public Library of Port Burwell . The existing sign has deteriorated significantly and we are recommending replacement. The following are items relating to the proposed sign for Council's consideration : It will go in the same vicinity as the existing sign ; ® It will have lighting , thereby requiring a connection to the building ' s electricity; ® It has been designed with antique decorative posts to respect its proximity to the village's market square . Elgin County Library will cover all costs associated with production and installation of the proposed sign . There will not be any cost to the municipality for this project. We will be coordinating an open house event in the coming weeks to celebrate the municipality's investment into improvements to the building and will have further information about this event shortly. Thank you for your consideration . Sincerely, 14 Brian Masschaele , Director of Community and Cultural Services Cc: Julie Gonyou , County of Elgin CAO Susan Morrell , Library Supervisor County of Elgin 450 Sunset Drive Encl : signage concept and schematic St. Thomas, Ontario N5R 5V1 Canada Phone: 519-631-14E www.elgin.ca Progressive by Nature l ' ( ..__________ \\( 5 \,,,, ,e, ,%., ____I t „3,,,.\\ T-4 .,. 4 ___I iily- . zis \j___ __ _. • , ..g =O V i , o T,,,, 7 _ ______ \\\, __ __ .,- ___,. „.:____ .. u w C ..) ______., ___, Q.)_ \ 2 ‘.1. . „iiiV ) 4miiimb } G �Li J-------- !! V I I cil ramit., _____J..• .. 7 ) li I -- - -\--,_. i - ) 'Iv 11111111 11 V / ( )C ) (11\111!1:11 t� .- -... r ---__ L___ : ____ _ ___ ___ . (: --- - - ) __ _______--) 1 .._.__ ,, Q 1 ..,. -__________, ,________.___ _____ ___ ___________ I 1 �1 \�' _. jr----------- ) __ \\ ... _______, _,../ \... _ _ __,, _____ ) 1 - ., ,- ____ ,,_______ ___ _ _ 1 .„, \ \-- __ i_ v _____. ___ _ ) \` )c) ( \\.. , ..._._ _.„/ __ _..., ____ ______ IT, ------1 ..„___ c____._ '' ) „1----( _. „.._______ __.1 _..,___ , _.„. ______ _____ ,___ ( d _ ________ _ ____ __________ _______ / ___________ \,- L ,___ C () C ) ( _I N M v - L._ H Lan • GO Y 1 itt N !V M v CO ri t I I I I lan • 2nd August 2019 Dear council, please accept this as our formal letter of request to use the Memorial Park in Port Burwell on the last Saturday of August, - 31St August 2019 Below, please find the necessary information as requested for Purpose: We as a church in our local community, we feel we have not done enough in the past years to actively get involved and in participating to give back to our community, - Port Burwell. We are thus, doing this as the first of the very many activities we intend to do with the purpose of actively getting involved with and in our community. Dates: Saturday 31st August 2019 Time: From 2pm—5pm Expected Attendance: We have planned to have food and drinks (hot dogs)for 200 people. Please note,there will NOT be any alcohol served at the event Any Other relevant Information: • We will have kids' activities like face painting • We will be playing both live and recorded music • This event will not be a sit-down arrangement for our guests, unless somebody wanted to. We plan to have a 'pass through' event where people come and leave. • Our team of helpers and volunteers will make sure the park is well cleaned after the event • We will have help to make sure our guests are in a safe environment I hope this information is all you require. Many thanks for the good job you do to look after our community. Regards, Richard 1N NY 114.4 04; REPORT 4116wo, ► CAO *op° o� unity Is� l't TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: August 15, 2019 REPORT: CAO-45/19 SUBJECT: WATER ST. -VIENNA BACKGROUND Water Street, in Vienna between King Street East and Plank Road is an unopened road allowance on Plan D104 from 1939. Water Street is depicted in Appendix 'A' attached hereto. DISCUSSION In 2017, when the Municipality issued RFT 17-04 2018-2021 Lawn Maintenance Services the subject portion of Water Street was not included in RFT 17-04 in order to treat Water Street like other unopened road allowances within the Municipality. Unopened road allowances are generally not maintained. The Municipality has received requests to maintain the subject portion of Water Street as green space fronting onto the Big Otter. The Municipal Contractor has submitted quotes as follows should Council provide direction to maintain the subject portion of Water Street as green space: • Initial Works: $250 • Contracted Cut Rate: $40 RECOMMENDATION 1. THAT Report CAO-45/19 re Water St. -Vienna be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk . „. 9 ELGIN MAPPING Water Street , . ' -*11001 wi i A" .r .- Aii. 111 Ilik Jilipti . . . , . Legend 1.40.. , ❑ Parcels jr m• = Local uY k Arterial . lill! — Highways P Lagoons �' �' �% J f World Imagery :::':\::'"' : 7:' - .. .';'-* ' . 1°*qa. ..!e _7.11. .. . . .: - _ . :. lc )ki> lk- -, — 1,-, ' s• grit. r 2474,'IA t Vik. ' : %_-.. _- .. 6.,...- .. . 1: 3,329 Notes 0.2 0 0.08 0.2 Kilometers This mapis a usergenerated static output from an Internet mapping site and is for I I P PP 9 reference only.Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION REPORT ,�,� ►.-- CAO �b°l'tunity Is�o� TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: August 15, 2019 REPORT: CAO-46/19 SUBJECT: RURAL ECONOMIC DEVELOPMENT (RED) PROGRAM BACKGROUND On May 10, 2019 the Ontario government announced a redesign of the Rural Economic Development (RED) Program. On July 26, 2019 the redesigned RED Program was unveiled supporting projects in two streams: • Economic Diversification and Competitiveness Stream: Projects that remove barriers to business and job growth, attract investment, attract or retain a skilled workforce or strengthen sector and regional partnerships and diversify regional economies. • Strategic Economic Infrastructure Stream: Minor capital projects that advance economic development and investment opportunities. The initial intake period for applications in the redesigned RED Program is July 29, 2019 — September 9, 2019. The RED program provides cost sharing caps as outlined below: RED Program Stream Maximum Provincial Cost-Share Maximum Funding Percentage for Eligible Costs Provincial Funds Economic Diversification and 50% $150,000 Competitiveness Strategic Economic 30% $250,000 Infrastructure DISCUSSION The Municipality of Bayham generally focuses grant applications on capital projects in an effort to reduce the infrastructure backlog. The RED Program — Strategic Economic Infrastructure Stream includes the following eligible project types: Project Type Description Example Projects Rehabilitation of Minor capital Projects that rehabilitate an • Restoration of a cultural, heritage or existing cultural, heritage, or tourism historical building or tourism attractions attraction, as defined through previously structure completed strategies and Projects that • Restoration of an establish its significance for economic established tourism development attraction • Trail rehabilitation Redevelopment of .Minor capital Proects to redevelop • Development of an vacant and/or interior of vacant and or underutilized incubator or underutilized buildings to achieve an economic innovation hub buildings development outcome • Youth centre • Agri-food hubs Streetscaping and Minor capital Projects as defined through • Wayfinding signage landscaping previously completed strategies that • Beautification (e.g. improve the design quality of public lighting, banners, areas murals, street furniture, public art, trees) • Wi-Fi equipment/ software for public use The Municipality of Bayham Capital Budget currently contains the following Capital Items which are eligible, to varying degrees, under the RED Program — Strategic Economic Infrastructure Stream: • Port Burwell Lighthouse— FA-04 $184,000 (2020) o A grant application is currently submitted under the Canadian Experience Fund. • Quality of Place Initiatives PR-05 $40,000 (2021) • Straffordville Library Elevator FA-06 $243,000 (2021) • Port Burwell Marine Museum — FA-09 - $20,000 (2021) Capital Item No. PR-05 Qualities of Place Initiatives best aligns with the RED Program— Strategic Economic Infrastructure Stream. Council will recall Report CAO-31/19 re Quality of Place Activities of April 18, 2019 discussed current Quality of Place Activities. Report CAO-31/19 noted current Quality of Place materials require end of life replacement and the costs associated with the same. Report CAO-31/19 also discussed a community wide banner program to deploy Quality of Place Activities in a more equitable manner. A copy of Report CAO-31/19 is attached hereto for informational purposes. RECOMMENDATION 1. THAT Report CAO-46/19 re Rural Economic Development (RED) Program be received for information. 2. AND THAT Council provide staff direction. Respectfully Submitted by: Paul Shipway CAOICIerk APPENDIX 'A' 4nrooris..„,;..,,,, i ,,,,iyabi t.fr.14;*7- 1111ft I REPORT 4D,-4W4i,�o . CAO "-irtunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: April 18, 2019 REPORT: CAO-31/19 SUBJECT: QUALITY OF PLACE ACTIVITIES BACKGROUND: The 2014 Municipality of Bayham Economic Opportunities & Initiative Plan identified the importance of Quality of Place activities. Specifically the 2014 Municipality of Bayham Economic Opportunities & Initiative Plan recommended enhancements to Bayham's Quality of Place experience. The need for focused attention on enhancing the quality of place, vibrancy and aesthetic appeal of Bayham is a key consideration in the attraction of residents, visitors and business investment...As such, it is important that Bayham target placemaking efforts to enhance the community's quality of place experience. Beyond capital improvements to municipal infrastructure and recent community signage enhancements the Municipality of Bayham currently utilizes the following legacy Quality of Place activities. • Port Burwell Utility Pole Christmas Lights • Port Burwell Historic Lighthouse Christmas Lights • Port Burwell Flowers— Hanging Baskets • Port Burwell Flowers— Concrete Planters • Port Burwell Banners— Polestars • Port Burwell Banners— Bridge • Vienna Flowers— Hanging Baskets • Vienna Flowers— Concrete Planters • Straffordville Parkette Christmas Lights • Straffordville Banners—Watermelonfest • Straffordville Banners— Fall • Straffordville Banners— Christmas Many of the assets utilized for Quality of Place activities are at or near end of life. The purpose of Report CAO-31/19 is to provide an overview of each initiative for Council consideration and to present options for future Quality of Place initiatives that may be able to deploy human and financial resources more equitably across the entire Municipality. DISCUSSION The Municipality largely relies on Hydro One utility poles for Quality of Place activities. The Municipality does not own decorative utility poles which is typically accompanied by underground utilities. As such, the Municipality is required to obtain consent from Hydro One to utilize utility poles for Quality of Place activities and also contend with existing utility infrastructure on the same. Pole Count Poles with Poles with Banner Poles with Flower No. of Poles Outlets Brackets Brackets Corinth (Culloden) 13 Corinth (Best) 30 Eden (Eden) 26 • Eden (Plank) 23 Richmond (Heritage) 25 Richmond (Richmond) 18 Straffordville (Heritage) 38 5 • Straffordville (Plank) 94 5 Port Burwell (Robinson) 45 6 30 12 Port Burwell (Wellington) 39 13 Port Burwell (Victoria) 27 2 Port Burwell (Bridge) 8 8 Vienna (Plank) 36 6 BANNERS Banner inventory statistics is as follows: Banners Location No. Dimensions Straffordville Watermelonfest 11 34.5 inches 0/C Straffordville Fall 18 34.5 inches 0/C Straffordville Christmas 12 34.5 inches 0/C Port Burwell Bridge 11 70 inches 0/C Port Burwell Polestars 33 45.5 inches 0/C It is important to note the original capital outlay for some banners was funded by community groups (Polestars, Straffordville Community Committee). The above noted banners have reached end of life and/or have one season remaining. The Municipality annually utilizes a contractor to install and remove banners at an expense of approximately $2,200/year. FLOWERS Flower inventory statistics is as follows: Flowers Location No. No. of Vienna Planters 6 No. of Vienna Hanging Baskets 6 No. of Port Burwell Planters 40 No. of Port Burwell Hanging Baskets 20 Flowers require the following inputs: • Flower Expense o Hanging Baskets are procured by the Municipality at an expense of approximately $800/year o Ground Planters are planted by the Port Burwell Horticultural Society and The Bayham Historical Society • Water & Labour Expense o Municipality of Bayham Public Works Student obtains water from the Wastewater Treatment Plant and waters both hanging and ground flowers 3 times per week from May— September at an approximate expense of$5,000/year. ■ This function adds stress to Public Works vehicle allocation during the capital construction season as a pickup is dedicated to watering flowers five hours a day, three times per week. CHRISTMAS LIGHTS Christmas light inventory statistics is as follows: Christmas Lights _ Location No. Straffordville (Strands) 300 ft. Port Burwell (Strands) 1000 ft. Port Burwell (Pole Mounts) 19 The Port Burwell (Pole Mounts) have reached end of life. Public Works staff have annually conducted repairs to the same to obtain an additional season out of the Pole Mounts. Replacement LED Pole Mounts are estimated at approximately $1000/ Pole Mount. Annually the Municipality utilizes a contractor to install and remove Christmas Lights at an expense of approximately$4,600/year. In summary, the various Quality of Place activities conducted by the Municipality, carry an annual operating expense of approximately $12,600. Given the need for capital outlay to procure new inventory to continue current Quality of Place activities in 2020 staff wanted to present an additional option for Council consideration versus status quo. COMMUNITY WIDE BANNER PROGRAM 1) Replace Municipal activities associated with existing banners, flowers and pole mounts. 2) Procure Summer&Winter Banner sets of 100-140 Blackout Mesh Banners (30" x 60") a. Obtain consent from Hydro One to mount the banners on County Roads in Calton, Richmond, Eden, Corinth, Straffordville, Port Burwell &Vienna. b. Five (5)designs which establish continuity of appearance 3) Estimated Capital Costs: a. 140 Summer Banners - $12,500 i. Five year expected life b. 140 Winter Banners - $12,500 i. Five year expected life c. 140 Banner Hardware sets - $14,000 i. Ten year expected life A Community Wide Banner Program would have similar capital costs to continuing legacy Quality of Place activities however would have the added benefit of providing more equitable Quality of Place activities to the Municipality. RECOMMENDATION 1. THAT Report CAO-31/19 re Quality of Place Activities be received for information; 2. AND THAT procurement of `Quality of Place' activities inventory be referred to 2020 Capital Budget deliberations. Respectfully Submitted by: Paul Shipway CAOICIerk YHA -1441L11116416.-- REPORT CAO OA�ortu .,, A% 5 nity TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: August 15, 2019 REPORT: CAO-48/19 SUBJECT: MUNICIPAL SALE & DISPOSITION OF LAND BY-LAW - ROAD ALLOWANCES BACKGROUND On September 20, 2019 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Staff Report DS-56/18 regarding Consent Application E57/18 submitted by Chad Underhill Farms Ltd. and Staff Report DS-57/18 regarding Consent Application E58/18 submitted by Douglas Dennis be deferred until further notification from the applicant or agent as per the agents written request. Details of the Consent Applications are as follows: CONSENT APPLICATION E57/18 Consent application E57/18 was received from the Elgin County Land Division Committee submitted by Chad Underhill Farms Limited proposing to sever an irregular shaped parcel of land 1.132 ha(2.79 acres) and to retain +/- 75 ha (185.3 acres) of land with the intent to add to the adjoining agricultural land to the north owned by Douglas Dennis. The subject lands are described as Concession 3 Part Lots 7, 8 & 9 with no municipal address. The subject lands are designated Agricultural, Natural Gas Reservoir, and Natural Heritage on Schedule "Al": Land Use and Hazard Lands, Significant Woodlands on Schedule "A2" Land Constraints in the Official Plan. The lands are zoned Agriculture (A1) and LPRCA Regulation Limit on Schedule "A" Map No. 10 in Zoning By- law No. Z456-2003. The intent of this application is to add the lands to the neighbouring property owned by Douglas Dennis identified as Roll # 3401-000-002-03300. Consent Application E58/18 Dennis is being considered concurrently for an easement to a municipal road allowance for Chad Underhill to access a farm field in exchange for the severed lands. CONSENT APPLICATION E58/18 Consent application E58/18 was received from the Elgin County Land Division Committee submitted Douglas Dennis proposing to create an easement over lands legally described as Concession 3 Part of Lots 6, 7& 8, east side Woodworth Road. The proposal is to create an easement with a frontage of 12.9 metres by an irregular depth, area 0.478 ha, proposed to provide driveway access for the agricultural parcel owned by Chad Underhill Farms Limited in Concession 3 Part Lot 7. The owners are retaining approximately 23 +/- ha proposed to remain in agricultural use. The subject lands are currently designated Agriculture, Natural Gas Reservoir and Natural Heritage on Schedule 'Al' Land Use and Hazard Lands and Significant Woodlands on Schedule `A2' Constraints in the Official Plan and zoned Agricultural and Long Point Region Conservation Authority Regulation Limit in the Zoning By-law No. Z456-2003. The applicant wishes to provide a permanent easement for access for the adjacent agricultural property located to the south. Mr. Dennis will retain ownership and share the easement with the neighbour. No new lots are being created. The easement is requested by Mr. Dennis to provide formal access to Chad Underhill Farms Ltd. lands. Mr. Underhill is presently using the unopened portion of Dennis Road (north of the creek), the bridge and Dennis' lands to access his agricultural lands. Both parties would like to formalize the easement of access through a consent application. The subject applications would comply with the Elgin County Official Plan, Bayham Official Plan and Zoning By-law policies should Council implement the recommendation contained within Report CAO-48/19. DISCUSSION The request for easement in its original state cannot be supported as it requests an easement to an unopened road allowance (municipally owned) both northerly across the bridge to Dennis Road and southwesterly to Woodworth Road. This easement and Consent Applications may only be considered if both landowners agrees to the process of the Municipal Sale & Disposition of Land By-law to stop up, close and convey the subject road allowances. All of which is subject to the approval and direction of Council. The agents for the subject Consent Applications submitted the request attached hereto as Appendix 'A' for Council consideration. Draft surveys completed by the Applicants are attached hereto as Appendix 'B'. By-law No. 2015-021, the Municipal Sale & Disposition of Land By-law is attached hereto as Appendix 'C'. The process to stop up close and convey the subject portions of land in accordance with the Municipal Sale & Disposition of Land By-law provides significant benefits to all parties including the Municipality of Bayham. RECOMMENDATION 1. THAT Report CAO-48/19 re Municipal Sale & Disposition of Land By-law— Road Allowances be received for information. 2. AND THAT staff be directed to Stop Up, Close and Convey portions of Dennis Road and Woodworth Road pursuant to the Municipal Sale & Disposition of Land By-law as outlined within Report CAO-48/19 Respectfully Submitted by: Paul Shipway CAOICIerk MCKENZIE LAKE LAWYERS Please send reply to: Patrick E Clancy May 21, 2019 clancy@mckenzielake.com Our File No. 91784 SENT BY E-MAIL Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville ON NOJ 1Y0 Attention: Margaret Underhill Dear Margaret: Re: Doug Dennis easement to Chad Underhill Farms Limited File No. C-07/D09.DENN As requested, we are writing this letter to formally set out our proposal with respect to the above-noted consent application to create an easement over lands legally described as Concession 3, Part of Lots 6, 7 & 8, to provide driveway access between the agricultural parcel owned by Chad Underhill Farms Limited south of Otter Creek and Chad Underhill's residence to the north of Otter Creek. The proposal is as follows, with reference to Figure 1: Figure 1 MKLK Client 3305930.1 McKenzie Lake Lawyers LLP 140 Fullarton Street,Suite 1800,London,Ontario N6A 5P2 t:519.672.5666 tf:800.261.4844 f:519.672.2674 mckenzielake.com - 2 - 1. Stop up, close and convey the unopened road allowance south of the Chad Underhill's residential property, the bridge across Otter Creek and a small portion of the unopened road allowance just south of the bridge known as Woodworth Road to Chad Underhill Farms Limited, shown in green in Figure 1; 2. Stop up, close and convey the unopened road allowance south-west of the bridge (except a small sliver immediately south of the bridge referenced in the previous paragraph) to Doug Dennis, shown in blue in Figure 1; and 3. The municipality will retain the lands shown in red in Figure 1. The foregoing steps are required by Development Services at the municipality of Bayham to consider supporting the consent application submitted by Patrick Clancy as agent for Doug Dennis to create an easement in favour of the land owned by Chad Underhill Farms Limited to the north and to the south of the bridge. The proposed easement is roughly sketched in orange in Figure 1. Regards, McKenzie Lake Lawyers LLP Patrick E Clancy PEC/ MKLK Client 3305930.1 McKenzie Lake Lawyers LLP 140 Fullarton Street,Suite 1800,London,Ontario N6A 5P2 t:519.672.5666 tf:800.261.4844 f:519.672.2674 mckenzielake.com REQUIRE THIS DE PUN TO BE pLAN 1 1 R— C. ° DEPOSITED UNDER THE LAND RECEIVED AND DEPOSITED °N T C L. DA,E: DATE: sS AN 6 6 °( OLSTEAD REPRESENTATIVE FOR LAND Y ONTARIO LAND B. 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E REE ,a«,o.,: ..:.yr. 2 22E= - .o.a METRIC:".:"`:, .r.„1„,9„,.7.7... ,„ro,"'z'lz.im,c„.E.,....,x,�,c,=-..e«n« ••••w ire„°9L.53]SZm CJ BY-LAW NUMBER 2015-021 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO ESTABLISH A POLICY WITH RESPECT TO THE SALE AND OTHER DISPOSITION OF LAND WHEREAS Bill 130, Municipal Statute Law Amendment Act, 2006, received Royal Assent on December 20, 2006, which amended the Municipal Act, 2001, S.0.2001, c.25, effective January 1,2007; AND WHEREAS Council of The Corporation of the Municipality of Bayham deems it expedient to adopt a policy, pursuant to Section 270 (1)of the Municipal Act, 2001 S.O. 2001, c.25, with respect to the sale and other disposition of land to comply with the new legislative requirements; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS: Short Title This By-law may be referred to as the Sale and Disposition of Land By-law Section 1 - Definitions 1.1 In this by-law: a. "Act" shall mean the Municipal Act, 2001, S.O. 2001, c.25, as amended; b. "Appraisal" shall mean a written opinion of the market value of the land prepared by a registered member of the Appraisal Institute of Canada; c. "CAO" shall mean the CAO of the Municipality of Bayham; d. "Council" shall mean the Council of the Corporation of the Municipality of Bayham; e. "Municipality" shall mean The Corporation of the Municipality of Bayham; f. "Public Utility" shall mean a public utility as that term is defined in the Act; g. "Sale" shall mean the sale of land; h. "Surplus Land" shall mean any land of the Municipality of Bayham declared surplus to the needs of the Municipality under this by-law; I. "Website" shall mean the website of the Corporation of the Municipality of Bayham www.bavham.on.ca; Section 2—General Provisions 2.1 Schedule 'A' shall form part of this By-law. 2.2 This By-law shall apply to all classes of land owned by the Municipality of Bayham save and except: a. An interest in Land sold pursuant to Section 110 of the Act. re municipal capital facilities; b. Land sold under Part Xi of the Act re sale of land under Tax arrears; and c. Easements over Municipally owned lands, as approved by Council. 2.3 Notwithstanding Section 2.2 and Schedule 'A' of this By-law, this By-law shall not apply to the following classes of land owned by the Municipality: a. Sale of Lands to public bodies: I. A municipality ii. A Local Board, including a school board and a conservation authority; iii. The Crown in right of Ontario or Canada and their agencies. b. Parcels of land being exchanged with a land owner as part of a procedure that requires the acquisition of that owner's land for municipal purposes. 2.4 Council may, at any time, by resolution, declare any of the Municipality's land to be surplus to the needs of the Municipality and may, by by-law, authorize the sale of such land in accordance with the procedures set out in Schedule 'A'. 2.5 Council shall authorize such actions as are required to finalize the sale and the CAO shall ensure the completion of the required documentation and subsequent registration, thereof. 2.6 Notwithstanding any other provision of this By-law, inclusive of Schedule 'A', Council shall have the absolute discretion to select a particular method of exposing property to the public for sale, if at all, and/or to select any method of sale as, in the opinion of Council, the circumstance require. 2.7 Council shall have the absolute discretion to accept any proposal to purchase the land, to judge the acceptability of any terms or conditions placed therein and to judge the sufficiency or acceptability of any consideration proposed by any purchaser. 2.8 That this By-law shall come into full force and take effect on the date of passing. READ a FIRST, SECOND and THIRD TIME and finally passed this 19th day of February, 2015. MA R CLERK SCHEDULE 'A' 73JL aai5 VPXY114441 Ic. iri7-4410541111fr. °i'tunity 19 'j Corporation of the Municipality of Bayham Policy Name: Sale of Surplus Municipal Land Policy Section 1 - Application 1.1 This Policy applies to the sale or other disposal of land by the Corporation of the Municipality of Bayham. Section 2— Policy Statement 2.1 The Municipality will dispose of surplus land in an open and transparent process to ensure that the consideration for such disposal is fair, reasonable and in the best interest of the Municipality. Section 3- Procedures 3.1 The Municipality shall obtain a survey of the land proposed to be disposed of from a Registered Ontario Land Surveyor, if deemed necessary. 3.2 Council shall have the absolute discretion to determine the sale price of the land. 3.3 The Municipality shall obtain an appraisal of the land to be sold. An appraisal shall be a written opinion of the market value of the land prepared by a registered member in good standing of the Appraisal Institute of Canada and such appraiser shall not be a real estate agent nor be directly connected with any real estate brokerage firm. 3.4 Any appraisals obtained shall be used solely as a guide and shall not be determinative of the terms of price upon which Council may sell any particular piece of real estate. Without limiting the generality of the foregoing, other factors including the history of the real estate or related properties may be determinative. 3.5 Notwithstanding Section 3.3 of this policy, the Municipality shall not be required to obtain an appraisal, unless Council deems it desirable to obtain an appraisal, for any class of land as follows: 3.5.1 Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; 3.5.2 Closed highways, roads and road allowances; 3.5.3 Land formerly used for railway lines if sold to an owner of land abutting the former railway land; 3.5.4 Land that does not have direct access to a highway if sold to the owner of the land abutting that land; 3.5.5 Land repurchased by an owner in accordance with Section 42 of the Expropriations Act; 3.5.6 Land sold under Sections 107 and 108 of the Municipal Act, 2001, S.0.2001, c.25, as amended; 3.5.7 Easements granted to Public Utilities or to telephone companies. Section 4- Notice 4.1 The CAO shall publish a notice of the intended sale of the land on the Municipal Website at least 14 days before consideration of the same. 4.2 The notice shall specify that anyone wishing to comment on the proposed sale may do so by delivering such comment in writing to the Clerk at the Municipal office. 4.3 The final date for submitting comments shall be specified in the notice. Any comments received shall be considered by Council, which in its sole discretion shall decide if any further action shall be taken. Section 5— Disposition of Land 5.1 Council shall determine in its sole discretion, by resolution, to dispose surplus land by either of the three (3)following methods: sale by public tender, sale by real estate firm or broker, or direct sale to a landowner. Sale by Public Tender 5.2 Should Council determine to sell the land by public tender, the following apply: 5.2.1 Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. 5.2.2 An estimated bid amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Section 5.2.1 of this Policy. Notwithstanding the foregoing, Council may accept an amount less than the estimated bid amount. 5.2.3 A Notice shall be placed on the Municipal Website and shall include a brief description of the property, including a small location sketch and shall specify the final date that offers will be accepted and shall include the following statement: "the highest or any offer may not necessarily be accepted". 5.2.4 The tender documents shall be delivered in person to the CAO by the date specified therein. Sale by Real Estate Firm or Broker 5.3 Should Council determine to engage a real estate firm or broker to sell the land, the following applies: 5.3.1 Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. 5.3.2 A listing amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Section 5.3.1 of this Policy. 5.3.3 The CAO, or designate, shall be authorized to sign the listing agreement. 5.3.4 The offers shall be submitted to the CAO, or designate, on the Ontario Real Estate Offer to Purchase Forms and shall provide for an irrevocable period of at least fourteen (14)days. 5.3.5 All final offers shall be submitted to Council for approval of the sale price. Direct Sale to a Landowner 5.4 Should Council determine to sell the land directly to a landowner(s)the landowner to whom the land is to be conveyed must be a landowner(other than a mortgagee or chargee)who abuts the land or an owner of other land in the Municipality(other than a mortgagee or chargee)who claims legal interest in the property such as, but not limited to an; easement, a right-of-way, possessory title or a restrictive covenant. The following shall apply: 5.4.1 Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. 5.4.2 An estimated purchase amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Section 5.4.1 of this Policy. Notwithstanding the foregoing, Council may accept an amount less than the estimated purchase amount. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z689-2019 ORCHARD CREST FARMS LTD. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 2 by changing the zoning symbol on the retained lands from Agricultural (A1) zone to site-specific Special Agricultural (A2-17) zone, which lands are outlined in heavy solid lines and marked A2-17 on Schedule "A" Map No. 2 to this By- law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A" Map No. 2 by changing the zoning symbol on the severed lands from Agricultural (A1) zone to Rural Residential (RR) zone, which lands are outlined in heavy solid lines and marked RR on Schedule "A" Map No. 2 to this By-law, which schedule is attached to and forms part of this By-law. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 6.12 Exception —Special Agricultural (A2) Zone by adding the following clauses: 6.12.17.1 Defined Area A2-17 as shown on Schedule "A" Map No. 2 to this By-law. 6.12.17.2 Minimum Lot Area 13.0 ha 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Local Planning Appeal Tribunal. READ A FIRST TIME AND SECOND TIME THIS 15th DAY OF AUGUST 2019. READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF AUGUST 2019. MAYOR CLERK \,, A. ✓J _� ti \ A217 RR \, I I I /1 f0'd In r\_. / \rte \ M Z 6 __. a_ d n t w J 1D w L ` Z U Ill l '____.HESTL LLE_.--... .�\�(. N N rn W U \ L I � i f \ \ I 4`,1b UT l: LOT 13. 1. 1 \ \_I \_. 2 Lr r I J ," (•,Y'.)/ ,OT 7 - / LC1 / 14 / I.. SEE SCHEDULE C- S ) MAP NORTH HALL \ SEE SCHEDULE e�+oa...,,'Qe.EnE-1iLlE 7' A-MAP `"" .e, No 4 SEE SCHEDULE-MAP No.5 This is Schedule"A"to By-law No.Z689-2019,passed the day of ,2019 Mayor Clerk MUNICIPALITY OF BAYHAM Legend A MAPSCHEDULENRtNORTH A Specific Policy Area No 1 (See MAP o.2 Official Plan Section 3.3 1) 0 230 490 920 (2 LPRCA Regulation Limit ra�tre, ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z690-2019 GREWAL BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "F" Straffordville, by deleting from the Village Residential — holding (R1(h2)) Zone and adding to the Village Residential (R1) Zone those lands outlined in heavy solid lines and marked R1 on Schedule "F" Straffordville to this By-law, which is attached to and forms part of this By-law. 2) THIS By-law shall come into force on the date of passing. READ A FIRST TIME AND SECOND TIME THIS 15th AUGUST 2019. READ A THIRD TIME AND FINALLY PASSED THIS 15th AUGUST 2019. MAYOR CLERK SEE SCHEDULE A-MAP No.5 SEE SCHEDULE A-MAP No.6 ',.1-, ij 1 l a; 1 i '..."....."'.b.t..1 .,..,_..1 °a t 1 z 4r�,STREET— STR� Y3� FEf_ r I-- ',Sr STRE -�! _! I � HERITAGE LGVE __ ' L- i � trU , i i ,ST -' /4 is " " This No.Z690-2019Schedule, passedAtoBy-law the �I I /S- day of , 2019 SEE SCHEDULE A-MAP No.8 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE F Legend N STRAFFORDVILLE (-, LPRCA Regulation Limit o ioo 70i, aao moves ZONING BY-LAW Z456-2003 CONSOLIDATED APRIL 12,2019 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-069 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SUBDIVISION AGREEMENT BETWEEN NARIENDER SINGH GREWAL AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF FOUR SEVERED LOTS ON SANDYTOWN ROAD, VILLAGE OF STRAFFORDVILLE, MUNICIPALITY OF BAYHAM THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule "A", being a subdivision agreement with Nariender Singh Grewal (Owner), is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the Subdivision Agreement be registered upon the title to all four(4) lots subject to County of Elgin Consent Applications E63-66/18 described as being Concession North Talbot Road Part Lot 123 being Parts 2-5 on Registered Plan 11R-10449. READ A FIRST and SECOND time this 15th day of August 2019. READ A THIRD time and finally passed this 15th day of August 2019. MAYOR CLERK - 1 SCHEDULE 'A' TO BY-LAW 2019-069 SUBDIVISION AGREEMENT BETWEEN NARIENDER SINGH GREWAL Concession North Talbot Road Part Lot 123 being Parts 2-5 on 11R10449 AND MUNICIPALITY OF BAYHAM - 2 THIS SUBDIVISION AGREEMENT made in duplicate this—day of_2019. BETWEEN: NARIENDER SINGH GREWAL Hereinafter called the "OWNER OR SUBDIVIDER" OF THE FIRST PART AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "CORPORATION" OF THE SECOND PART WHEREAS, the Owner or Subdivider proposes to subdivide and register severed lots on property described as Part Lot 123 Concession North Talbot Road, being PARTS 2-5 on Plan 11R-10449, Municipality of Bayham, County of Elgin; the said proposed Registered Plan, being appended as Attachment"A"to this Agreement; AND WHEREAS, this Agreement has been made as a condition of consent approval by the County of Elgin Decision dated September 5, 2018 of the Owner's or Subdivider's proposed Consent Applications, County Files E63/18, E64/18, E65/18 and E66/18, and shall be referred to as the Sandytown Road Grewal Development; AND WHEREAS, the Owner or Subdivider, has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided and other matters hereinafter set forth; NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) "Owner or Subdivider" shall include the applicant for the approval of a Subdivision Agreement, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. - 3 (b) "Council" shall mean the Municipal Council of the Corporation of the Municipality of Bayham. (c) "Engineer" shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner or Subdivider agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matters as may be provided for herein. 3. CONSULTING ENGINEERS (a) The Owner or Subdivider agrees to retain a Professional Engineer as the Consulting Engineer of the Owner or Subdivider, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner or Subdivider agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement and where applicable, use the Municipality of Bayham Design and Construction Standards 2018. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation digital and paper reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation's Engineer. - 4 (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation's Engineer. (ix) Supervise the construction of any remedial work required by the Corporation. (c) The Owner or Subdivider agrees with the Corporation that no public services will be installed prior to receiving, in writing, approval of the detailed plans and specifications by the Corporation. 4. LIENS The Owner or Subdivider shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner or Subdivider. The Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner or Subdivider under paragraph 17 of this Agreement. 5. CONVEYANCES AND EASEMENTS Upon completion and acceptance of the Subdivision Agreement, the Owner or Subdivider shall: (i) convey road widening as shown on the Survey Plan as Part 1 on Registered Plan 11R-10449, to the Municipality of Bayham for the purpose of public highway Stewart Road; (ii) provide the Corporation with such rights and easements as it may require for sanitary sewers, drainage and other utility purposes; (iii) provide Hydro One, EastLink Inc. and Epcor Ltd./Union Gas with such easements as each of them may require for utilities Any such conveyance transfer, pursuant to (i) above, shall be in fee simple and for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation's Solicitor, and title to such lands shall be good and free from all liens and encumbrances. - 5 The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee's Solicitor, and the title to lands over which the rights and easements are granted, shall be good and free from liens and encumbrances and if required by the Grantee's Solicitor, the consent of the Elgin County Land Division Committee, to such rights and easements shall be obtained by the Owner or Subdivider. The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title, pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii) above, it shall provide to the Transferee's Solicitor or Grantee's Solicitor, a Certificate of Opinion of Title of the lands in respect of which such transfer and rights and easements are granted, in a form satisfactory to the Transferee's or Grantee's Solicitor, such Certificate or Opinion to be given by a Solicitor authorized to practice Law in the Province of Ontario. The Owner or Subdivider agrees to provide the Corporation with a digital and paper copy of the reference or survey plan designating the lands in respect of which such transfers of title and grants or rights and easements are given. The lands to be transferred and the lands over which rights and easements are to be given, pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration of the Agreement, be in a clean and tidy condition, graded as required, and if necessary, stabilized against erosion. After such lands or such rights and easements are so transferred, the Owner or Subdivider shall not use or permit the use of such lands for the storing of topsoil or any excavated material or equipment except with the written consent of the Corporation, and in the event of default, the Corporation, after giving the Owner or Subdivider such notice as it considers reasonable, may remove such soil, material or equipment and the cost thereof shall be paid by the Owner or Subdivider to the Corporation. 6. SANITARY SEWERS 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 11R10449, 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 'D', 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 lands and outside the subdivision, 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. - 6 7. DRAINAGE AND GRADING (a) The Owner or Subdivider agrees to provide complete storm water management by means of a municipal drain and grading plans for the four lots, including petitioning for municipal drainage works. (b) The Owner or Subdivider agrees to pay for all costs to install the municipal drain, as shown in Attachment"E"; and in the case of incomplete construction the costs incurred by the municipality to complete the drain will be added to the affected property tax roll(s) and collected in like manner 8. ROAD RESTORATION Following the installation of the sanitary sewer system extension, the Owner or Subdivider agrees to restore Sandytown Road to specifications for paved roads in effect at the date hereof and approved by the Corporation (Municipality of Bayham Design and Construction Standards 2018). Security amount to be determined and retained by the Corporation for maintenance 2-year period. 9. ROAD GRADES, ETC. Not applicable (a) GRADE Not applicable 10. CURBS AND GUTTERS Not applicable. 11. SIDEWALKS Not applicable 12. PRIVATE WATER SOURCE The Owner or Subdivider agrees to install a private well for each of the four (4) lots on Sandytown Road. As a matter of public health and safety, the Owner or Subdivider agrees to provide, for each well, water quality testing reports for nitrates and bacteria content and water quantity testing reports, all meeting the Provincial standards for residential use in order to meet the condition of four Consent Applications E63/18, E64/18, E65/18 and E66/18. 13. LOT GRADING, SODDING, LANDSCAPING - 7 (a) The Owner or Subdivider agrees to grade and provide top soil on any portion of the street allowances lying between the front property line of lots and the roadside, save and except any portion of the street allowance within the driveway. (b) Upon the elevations and grades being established in accordance with this Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so long as the Owner or Subdivider is the registered owner of the lot. The Parties agree that the Lot Grading Plan, attached hereto, and marked as Attachment "D" is a photographically reduced copy of the Lot Grading and Servicing Plan, initialed by the parties on the execution of this Agreement and that such initialed Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of Attachment "D", are illegible or conflict with the initialed Plan from which it was made, the initialed Plan shall prevail. (c) If, in the opinion of the Corporation, the Owner or Subdivider has at any time during which the Owner or Subdivider is the registered owner of any lot within the Subdivision Plan failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation's opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner or Subdivider, to the Corporation. (d) Where the Owner or Subdivider has sold a lot within the Subdivision Agreement and in the opinion of the Corporation, the Owner or Subdivider, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c), the Corporation may, after giving such notice to the subsequent Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and remove anything from the lot as in the Corporation's opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen (15) days after the mailing of the statement to the subsequent Owner or Subdivider, at his/her last known address. 14. STORM WATER MANAGMENT Storm water management lands are not required. 15. ADMINISTRATION AND INSPECTION COSTS - 8 (a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (b) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Corporation. The Owner or Subdivider hereby agrees to pay all accounts of the Corporation in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Corporation. 16. FINANCIAL PAYMENTS—CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner or Subdivider as specified. (a) PARKLAND DEDICATION FEE The Owner or Subdivider shall provide parkland dedication in the form of cash-in-lieu $500.00 per created lot. This value is to be $2000.00 and shall be collected as a condition of consent applications E63/18, E64/18, E65/18 and E66/18. (b) STREET LIGHTING Streetlights are not required. (c) ELECTRICAL DISTRIBUTION SYSTEM The installation of a complete electrical system is not required. (d) LOT FRONTAGE AND CONNECTION CHARGES (i) The Owner or Subdivider acknowledges and will be responsible for the payment of the Corporation's Lot Frontage and Connection Charges for the municipal sanitary sewer system as established by the Corporation and CPI adjusted annually. Such payment shall be made at the time of the issuance of a building permit. 17. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner or Subdivider, shall supply the Corporation with a Liability Insurance Policy in the amount of Five Million ($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner or Subdivider. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner or Subdivider, - 9 agrees to pay the cost of such renewal or renewals within Fourteen (14) days of the account therefore being rendered by the Corporation. The Owner or Subdivider shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (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 $24,750.00 (Twenty-four Thousand, Seven Hundred and Fifty dollars) which is Seventy-Five per cent (75%) of the estimated cost of the sanitary sewer works as set out in Attachment "C" and with security for performance and completion of all drainage works required by this Agreement, in an amount of $25,000.00 (Twenty-five Thousand Dollars) which is approximately 50% of the estimated cost of the drainage works as set out in Attachment "E". 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. The said security shall be for the period of time set forth in Attachment "B" for the completion of the works. (b) The Owner or Subdivider agrees with the Corporation that after Fifty percent (50%) of the said works are completed, to the satisfaction of the Corporation, the amount of the security will be progressively reduced to the amount equal to the estimated cost of the uncompleted work, plus Twenty per cent (20%) as determined by the Corporation's Engineer. The reduction will be made after the receipt of the progress certificate from the Consulting Engineer, proof that the contractor has been paid, and approval by the Corporation. However, the said security will not be allowed to be reduced below Twenty-Five per cent (25%) of the estimated cost of all works until all of the work has been completed to the satisfaction of the Corporation's Engineer and the Corporation and the Owner or Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If staging is approved by Council, the above shall be applicable per stage. 19. MAINTENANCE GUARANTEE The Owner or Subdivider agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner or Subdivider, will provide at his/her own expense, a Letter of Credit for the sum of Twenty-Five per cent (25%) of the actual cost of all the works still - 10 subject to the guarantee, to guarantee the workmanship and materials for a period of Two (2) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING The Owner or Subdivider agrees that no building shall be occupied or used for any purpose in the subdivided lots until municipal sanitary sewer and private water wells are in operation, and in the opinion of the Corporation, capable of providing adequate service. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner or Subdivider agrees to complete the work required under this Agreement within the Time Limits specified in the Attachment attached hereto as Attachment "B", and to guarantee the workmanship and materials for a period of Two (2) years from the date that the said works are approved, in writing, by the Corporation. Any work other than that specifically provided for in Attachment "B" shall be completed within the time limit provided for herein. The Owner or Subdivider shall, in the period prior to final acceptance of the services or utilities to be constructed under this Agreement as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner or Subdivider fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner or Subdivider is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner or Subdivider neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner or Subdivider neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shall the Owner or Subdivider, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner or Subdivider and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, - 11 shall be required for the proper completion of the said work, at the cost and expense of the Owner or Subdivider, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner or Subdivider shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner or Subdivider, it being hereby declared and agreed that the assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 23. GENERAL PROVISIONS The Owner or Subdivider agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner or Subdivider agrees that this Agreement shall be registered by the Corporation's Solicitor upon the title to the lands and agrees to pay all solicitor's fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith, upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, such work to be completed in a good workmanlike manner and at the expense of the Owner or Subdivider with the proper approvals. (c) PUBLIC LANDS— FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, other than the actual construction of roads in the subdivision without the written consent of the authority responsible for such lands. The Owner or Subdivider shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner or Subdivider's compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS - 12 The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner or Subdivider within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner or Subdivider further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the Subdivision Agreement for registration the Owner or Subdivider shall pay the taxes in full for all the lands included in the said Subdivision Agreement according to the last revised assessment roll, until the lands are assessed and billed as separate registered lots. (g) LOCAL IMPROVEMENTS Prior to the release of the Subdivision Agreement for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said Subdivision Plan. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. Any and all approval of plans and specifications by the Corporation does not relieve the Owner or Subdivider of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner or Subdivider to supply any third party contractor with all necessary information to complete the works contemplated under this Agreement. (i) STREETS No internal streets included in the subdivision agreement. (j) STREET SIGNS No street signs and traffic control signs are required by the Municipality. (k) LICENCE TO ENTER - 13 To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (I) SANDING, DUST CONTROL, SNOW/ICE REMOVAL FROM ROADS Not applicable. (m) SURVEY MONUMENTS AND MARKERS Prior to the formal acceptance of the services and roadwork by the Corporation, the Owner or Subdivider shall supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he/she has found all standard iron bars and survey monuments as they pertain to only vacant lots remaining on the date of the acceptance of the subdivision agreement. (n) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation's bank shall be payable by the Owner or Subdivider, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen (14) days after the date of the invoice. (o) CANCELLATION OF AGREEMENT In the event the Subdivision Agreement is not registered within one year from the date hereof, the Corporation may, at its option, on one month's notice to the Owner or Subdivider, declare this Agreement to be null and void. (p) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (q) UNSOLD LOTS The Owner or Subdivider is to provide suitable weed control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a charge or lien to the property. (r) STAGING - 14 The Owner or Subdivider covenants and agrees that the construction of the sanitary sewer extension and connections to the subdivided lots will be completed in one year in accordance with Time Limit proposal as specified in Attachment "B". (s) BUILDING PERMITS The Owner or Subdivider covenants and agrees not to apply for any building permit for any building on the lands until the following pre- requisites have been satisfied: 1. The Water/Wastewater Operations Manager has advised in writing that all sanitary sewer main systems, as applicable, have been constructed and installed in accordance with this agreement and connected to existing facilities that are in operation and until the entire system is, in the opinion of the Manager, capable of servicing said lands. 2. The Road Operations Supervisor has advised in writing that rough grading has been carried out to his/her satisfaction and that building permits may be issued in accordance with the grading control plan attached hereto as Attachment 'D'; and road restoration; and utilities have been installed. Exceptions to this condition may be permitted where, in the opinion of the Road Operations Supervisor, there are extenuating circumstances. In these cases, the Owner or Subdivider shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner or Subdivider. 3. The Owner or Subdivider has satisfied all the financial requirements under this agreement. (t) SIGNAGE FOR PROJECT The Owner or Subdivider is entitled to erect one sign on the property of the proposed plan advertising the project. Any sign erected must conform to the Corporation Sign By-law. The sign must be kept in good repair at all times and will be required to be removed once all lots are sold. _ (u) TREE PLANTING Not required. (v) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner or Subdivider agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion provisions such as silt fencing, straw bales and rough - 15 grading of undeveloped lots to maintain all surface water on developed property. (w) DRIVEWAY APPROACHES The Owner or Subdivider shall pave or hard surface all driveway aprons to the satisfaction of the Road Operations Supervisor upon the construction of the building serviced by any such driveway. (Municipality of Bayham Design and Construction Standards 2018, Residential Driveway Entrance MSD-10) 24. The Owner or Subdivider agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications; also, of all excavations, drains, sheathing, shoring, false-work, forms, tools, appliances, and materials necessary for the safe expeditious and effective execution of all temporary and permanent work. The Owner or Subdivider shall be responsible for obtaining the location of all other Utilities such as Electric Underground Cables, Telephone Conduits, Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the utility concerned, and must protect and/or repair same subject to the regulations of the particular service involved. Excavations, backfilling and all work on Municipal Streets must have the approval of the Engineer and/or Corporation. Pavements, driveways, entrance to property, lawns, etc., must be replaced in as good condition as found. Barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize the risk of damage and inconvenience to others. All work shall be carried out so that it conforms to the regulations of the Trench Excavators Act, and the Worker's Compensation Board, as it pertains to the safe working conditions of the workers employed on the job. The Owner or Subdivider shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. The closing of roads due to the installation of sanitary sewer main must have the advance approval of the Corporation's - 16 Engineer and the Owner or Subdivider, must observe all applicable regulations. In the absence of the Owner or Subdivider from the job (whether permanent or temporary), he/she shall provide and leave a competent and reliable agent or foreman in charge and all notices, communications, instructions, or orders given, sent, or served upon this person, shall be taken as served upon the Owner or Subdivider. (b) SPECIFICATIONS The installation of the sanitary sewer system extension is to be carried out in accordance with the specifications previously referred to as supplied by the Corporation. These specifications are considered to be a part of this Agreement. The Owner or Subdivider is required to obtain the necessary approvals and permits from the Ministry of Environment, Conservation & Parks (MECP) and provide approvals confirmation to the Corporation. The installation of the municipal drain system is to be carried out in accordance with the specifications provided by the Owner or Subdivider's Engineer and Report accepted by Council. (c) LIENS OR CLAIMS The Owner or Subdivider agrees that, upon applying for final acceptance of the sanitary system extension and municipal drainage works to the said subdivided lots, to supply the Corporation with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner or Subdivider, in connection with the subdivision. 25. Attachments "A" through "D" as listed are attached hereto: 1. Attachment"A" Registered Plan — RP 11R10449 Parts 1-5 2. Attachment "B" Time Limits Estimate 3. Attachment "C" Estimated Costs of Sanitary Sewer Works 4. Attachment"D" Grading and Servicing Plan 5. Attachment "E" Estimate Costs of Drainage Works All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner or Subdivider may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be - 17 reasonably required by the parties for the completion of the work contemplated by this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. /// Date Witness Nariender Singh Grewal, Owner We are authorized to bind the Corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Mayor Clerk / k i2 0 c7 7C/-// 2&-/v / _ -_,------- .....„,„. Srt,,,I F....b ty9 PLAN 11R—0 VI RECEKD MO 0[1,517ED IN _ . eV/LI*, ."----,,,,_?1, .R./,, / SCIILMILE P.M LOT CONCESS. PRI AREA ROAD ii 8 I!".. 222 3, ., P4A7 i / 150.5 0, ISOSO, T PLAN OF SURVEY U7I'123 CONCESSION NORTH OF TALBOT ROAD GEOCRAPN,C Y.NWP O.SAYFLA.v MUNICIPAUTY OF MYRNA COUNTY OF ELGIN SCALE.1.2,0 1.,FTR,C ' • •.' *----" ''''''.. 1NA CEPLATCS INC. MARA LAND SURVEYORS SURVEYOR'S CERTIFICATE PAM'2 ' F:,..il-,saTZ,•Ir.•.:,•15.,,,..ocrir,r4'ff,g7r4 r Z I , THE SURMI WAS COMPLETED ON INE 5.DAV Cr O[TOBt9 201, '.4 DATE ONTARIO LAND ON 43 It .1' 0 143,30.40.0,S5.0.0 'E.. t LA1 s : i ,,f • * . q' t PART 3 • ;•.?... .---.i- 6 4 8 PART 4 51 1 L. 1.1 I : 2* .illik 2 • Nar.le,OV 03.000 I reIS V .....; 4.. OP PART 5 5 I 11 NO.V30,011/50...o LEGEND AND NOTES: „,„,„,,,,•„,,,•,,,,„,,,, 2,,,,..„,,,,,,,,,,,,_20,,,,,.r, ''''"'TE.I-EVCT'PoIN n1,1113'..=5.1D147VS''''' i l PART 4,11R-9171 PIV.11,-0.1PS 4 TargralrcZ==tMOLT,Z X:=1": LILI ZONE 17{81'00'LONCMOE KS,NAD/13(CSRS 2010 ccamorn n,as,ma:Lacy...Anv.m,,,,tAcrio...a,tt,2.00 ORP A 473351780 51754,20 ORP 0 473.3.200 SS S17747 33 COOROINATES COMM%RI THIRRSELVES,BR USE0 I TO RE-ESTABUSH COMERS OR BRUIROMIES SIOVII ON THIS P.N. PART J{IIR-927( (07,V) 1 10 BOWES EFON Lali P. oc,,TEs pt.},,LAR Ri0 DENOTES ROUND!RON MP ,14., DENOTES VEASURED oni KNOTES YONESS PART,I IR-8705 I / p2 DENOTES WOWED FIAl4 1.1R-0705 . 0.0TES CEPOSTTED PLAN 11R-9274 SOUTH EASTERLY CORNER "' TOT 12.3,CONCISE/ON 5 NA GEOLL2.11CS INC. NORTH OF 1:4180T ONTARIO LAND SURVENORS Mi7RIC !I 101 ME STREET STRATFORD ON..45A 2L45 asravas uva LOOR,14175 P.M,ON 1.5 PUN ARE N ,,L,y,,,,,4,,, ' . WIRES AND CAN RE LOWER TED ro IF,8,LWVING, 0 J00,9 0.W 27 FO-1. —F.•...—,,,,,,,...... ...,.,2,4•,,, I,....d.,D.A* ,1—•—•.7,6-7051 - 19 ATTACHMENT "B"to Subdivision Agreement - Grewal ESTIMATED TIME LIMITS SERVICES TO BE PROVIDED TIME LIMIT FOR CONSTRUCTION (1) Sanitary Sewer Extension Construction August 15, 2020 (2) Road Restoration August 15, 2020 (3) Lot Grading August 15, 2020 (4) Municipal Drain Installation August 15, 2020 "Co /q7-7-(Kgrrot.7- . „, JDL CY RIL J. DEMEYERE LIMITED t John D.Wiebe,P.Eng. T Paul Tuff,P. Eng. Peter J.Penner,P. Eng. Deren Lyle,P. Eng. OnSLgtlrdil Engines-1's Andrew P.Eng. Matt Sweetland,P Eng. 261 Broadway, P.O. Box 460,Tillsonburg,ON N4G 4H8 T:519-688-1000 F:519-842-3235 vnnrw.cjdlang.com 18084 31 January 2019 - q F `3 SANDYTOWN ROAD-LOW PRESSURE SEWER MUNICIPALITY OF BAYHAM-STRAFFORDVILLE COST ESTIMATE 1. End of Existing Forcemain to Flushing Connection, 110 m -50mmo HDPE SDR 11 Forcemain @ $ 140/m $ 15,400.00 2. Relocate Existing Single Flush Connection, 1 @$1,000/each 1,000.00 3. 50mm0 Valve and Curb Box 1,000.00 4. 32mrn0 service incl.saddle, mainstop, curb stop,check valve and cap, 4 @$2,000 8,000.00 5. Restoration of R.O.W. incl. grading and seeding/sod 3,600.00 Sub-Total $29,000.00 Contingency 2,000.00 Engineering 2,000.00 TOTAL(Excl.HST) 533,000.00 The foregoing costs exclude: ® Lot grading; ® Driveway culverts; o Electrical • Geotechnical Andrew Gilvesy, P. Eng., CYRILJ. DEMEYERE LIMITED, CONSULTING ENGINEERS, TILLSONBURG,ONTARIO ® , 4 \ MINIMUM NO.e•3.(man,OW sac Mm u x a ME PTnsBAT ♦ GENERAL NOTES Q�� m _ 't Ihillib--4-ilif— M UEN. D,NS t. GEEOxoi RELA ED TO om FIENO uu Tia °M AA a I k e I JI aJ0p" DRA10Y Br nE u CPR TY OR BY c u36 a 3.TDoOAN♦WNCFATIT s BAT.SPEGEMATNND APPLY FOR SANTA V NDN FNmWID AND r T3'Iy I; 0,,32 I; a�33 I; at 3 ;I awII I } I :�i ' \ ARE Rm Pra sABrATr sEmx ro mTz r e ATD 0000000 11111111 �`•� .fA 1 I 0 PRESSURE axon RMB r . 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REVISION GATE BY PROJECT N0.1800.4 SURVEY BY:TPM DATE:JAN 2019 g2AM1NG No. /4)7—M0/M0/Tr T SCHEDULE 'B' - COST ESTIMATE GREWAL DRAIN Municipality of Bayham We have made an estimate of the cost of the proposed work which is outlined in detail as follows: MAIN DRAIN 6 meters of 300mm dia., H.D.P.E. plastic sewer pipe including rodent gate, quarry stone rip-rap protection around pipe and end of ditch (Approximately 6m'quarry stone req'd) Supply $ 670.00 Installation $ 1,200.00 Installation of the following HDPE pipe, including supply and installation of bedding around pipe 220 meters of 300mm dia. H.D.P.E. $ 9,500.00 135 meters of 200mm dia. HDPE pipe $ 5,800.00 Supply of the above listed pipe $ 9,300.00 Supply and install four 600mm x 600mm catchbasins , and one offset catchbasin including grates, berms, leads, ditching, $ 11,310.00 Exposing and locating existing tile drains and utilities $ 1,000.00 Tile connections and contingencies $ 1,000.00 Allowances under Sections 29&30 of the Drainage Act $ 2,530.00 ADMINISTRATION Interest and Net Harmonized Sales Tax $ 1,300.00 Survey, Plan and Final Report $ 6,200.00 Expenses $ 990.00 Supervision and Final Inspection $ 1,800.00 TOTAL ESTIMATED COST $ 52,600.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-070 A BY-LAW TO AUTHORIZE THE EXECUTION OF A LAND LICENCE AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND NORTH FRONTENAC TELEPHONE ELGIN CORP. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a land licence agreement with North Frontenac Telephone Elgin Corp. for the placement of a telecommunications equipment shelter and appurtenances thereto in the Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between North Frontenac Telephone Elgin Corp. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF AUGUST 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-071 A BY-LAW TO AUTHORIZE THE EXECUTION OF A MUNICIPAL ACCESS AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND NORTH FRONTENAC TELEPHONE ELGIN CORP. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a municipal access agreement with North Frontenac Telephone Elgin Corp. for the construction, maintenance and operation of equipment within the Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between North Frontenac Telephone Elgin Corp. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF AUGUST 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-072 BEING A BY-LAW TO REPEAL BY-LAW NO. 2015-093 (AGREEMENT NO. 0554) A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND CAN SWEEP FOR THE PROVISION OF ROADSIDE GRASS CUTTING SERVICES WHEREAS the Council of the Corporation of the Municipality of Bayham on the 20th day of August, 2015 enacted By-law No. 2015-093, being a by-law to authorize the execution of an Agreement between the Municipality of Bayham and Can Sweep for the provision of Roadside Grass Cutting Services. AND WHEREAS the Council of the Municipality of Bayham deems it necessary to repeal By-law 2015- 093 and Agreement No. 0554; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law 2015-093 and Agreement No. 0554 be repealed in its entirety. 2. AND THAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF AUGUST 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-073 BEING A BY-LAW TO AMEND BY-LAW NO. 2018-095 (AGREEMENT NO. 0677) A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND UNDERHILL TRUCKING LTD. FOR VARIOUS WORKS ASSOCIATED WITH CONSTRUCTION AND OPERATIONAL MAINTENANCE ACTIVITIES. WHEREAS the Council of the Corporation of the Municipality of Bayham on the 15th day of November, 2018 enacted By-law No. 2018-095, being a by-law to authorize the execution of an Agreement between the Municipality of Bayham and Underhill Trucking Ltd. for various works associated with construction and operational maintenance activities. AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend By-law No. 2018-095 and Agreement No. 0667; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Appendix 'A' of By-law No. 2018-095 be amended by inserting the following: Item Fee Roadside Grass Cutting $85/hour 2. AND THAT Schedule `A' attached hereto be added to By-law No. 2018-095 as Appendix `B'. 3. AND THAT in all other respects, By-law 2018-095 is hereby confirmed and remains unchanged. 4. AND THAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF AUGUST 2019. MAYOR CLERK APPENDIX `B' Section 1 - General Provisions 1.1 The Contractor shall be solely responsible for the cutting of roadside grass within the Municipality of Bayham in accordance with this Agreement and in accordance with the reasonable directions given by the Manager of Public Works, or designate from time to time. 1.2 The Contractor shall supply all labour and equipment required for the cutting of roadside grass within the Municipality of Bayham. The roadside environment consists of both urban and rural roadsides in both high volume and low volume roads. 1.3 The cutting of vegetation shall be completed 2 times annually, in the spring and in the fall. The width of cutting shall be a minimum of 3.6m from the edge of shoulder where feasible. 1.4 The grass shall be cut to a height of 4". 1.5 Vegetation shall be cut across all road property at intersections to achieve a clear sight distance of at least 200m in all directions from intersections. 1.6 The Contractor shall be responsible for any damage made to Municipal or private property including but not limited to parking curbs, sod repairs and bent signs. Any damage will be repaired at the expense of the Contractor and approved by the Municipality. 1.7 All Contractor equipment shall be inspected by the Manager of Public Works or designate regarding the ability to work through the grass cutting season and the decision of the Manager of Public Works or designate shall be final. 1.8 Operators shall have the appropriate license and class to operate the vehicle they are operating and shall provide their license at any time to be inspected by the Manager of Public Works or designate. Operators shall have met the requirements of time off and a second or relief operator shall be ready to work in the event the initial operator has worked the total hours allowed under the legislation. 1.9 The Contractor shall submit monthly invoices for services rendered throughout the term of this Agreement. 1.10 The Contractor shall be responsible to maintain the standards as set in this agreement as directed by the Manager of Public Works or designate. Section 2 —Schedule of Work & Payment for Work 2.1 The first cutting of each year shall begin by June 1, or as requested by the Manager of Public Works or designate and be completed by July 1. The second cut shall commence by September 1, or as requested by the Manager of Public Works and be completed by October 1, in each year that the contract is in effect. Inability of the Contractor to adhere to said timelines may result in request for a second contractor to perform the duties at the cost of the Contractor. ii. Equipment shall not be operating on the road allowance prior to sunrise and must be off the road allowance before sunset 2.2 Payment shall be made in accordance to attached `Appendix A "' subject to the provision of monthly invoices submitted to the Municipality. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-074 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD AUGUST 15, 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 August 15, 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 15th DAY OF AUGUST, 2019. MAYOR CLERK