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HomeMy WebLinkAboutOctober 17, 2019 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, October 17, 2019 7:00 p.m. 7:30 p.m. – Public Meeting – Planning A. Antonia Van Leeuwen and Best Line Farms Ltd. 8:00 p.m. – Public Meeting – Drainage A. Chalk Municipal Drain B. Vienna Line Municipal Drain 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS A. Ontario Trillium Fund – Port Burwell Pavilion 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Budget Meeting held October 1, 2019 re 2020 – 2029 Capital Budget B. Regular Meeting held October 3, 2019 C. Statutory Planning Meeting held October 3, 2019 re John Fehr – 54303 Eden Line 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 2019 Council Agenda October 17, 2019 2 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Official Plan Amendment – Antonia Van Leeuwen and Best Line Farms Ltd., 54728 & 55744 Best Line B. Notice of Public Meeting re Proposed Drainage Works for the Chalk Drain C. Notice of Public Meeting re Proposed Drainage Works for the Vienna Line Drain 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-64/19 by Bill Knifton, Chief Building Official|Drainage Superintendent re 3rd Quarter Report B. Report DS-65/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E60/19 Emerson C. Report DS-66/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E75/19 Reimer D. Report DS-67/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Fehr Zoning By-Law No. Z693-2019 E. Report DS-68/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E61/19 Emerson 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. City of Hamilton re consumer packaging on single-use wipes to remove the word flushable B. Town of the Blue Mountains re Integrity Commission Matters C. City of St. Catharines re Menstrual Products in City Facilities D. County of Elgin minutes of meeting held September 24, 2019 E. Long Point Region Conservation Authority Board of Directors minutes of meeting held September 4, 2019 F. Nature at the Beach Photo Contest Winners 2019 Council Agenda October 17, 2019 3 11.1.2 Requiring Action A. City of London re Lake Erie Region Source Protection Committee municipal representative 11.2 Reports to Council A. Report TR-14/19 by Lorne James, Treasurer re Municipal Auditor Appointment B. Report TR-15/19 by Lorne James, Treasurer re 2019 Q3 Variance Report 12. BY-LAWS A. By-Law No. Z693-2019 Being a by-law to further amend By-Law N0. Z456-2003 - Fehr (This by-law follows the recommendation in Report DS-67/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of October 17, 2019) B. By-Law No. 2019-084 Being a by-law to appoint a Municipal Auditor for the Municipality of Bayham (This by-law follows the recommendation in Report TR-14/19 by Lorne James, Treasurer during the regular meeting of October 17, 2019) C. By-Law No. 2019-085 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Chalk Drain (This by-law follows the recommendation in Report DS-62/19 by Bill Knifton, Chief Building Official|Drainage Superintendent during the public meeting of October 17, 2019) First and Second Reading Only D. By-Law No. 2019-086 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Vienna Line Drain (This by-law follows the recommendation in Report DS-63/19 by Bill Knifton, Chief Building Official|Drainage Superintendent during the public meeting of October 17, 2019) First and Second Reading Only E. By-Law No. 2019-087 Being a by-law to authorize an amendment to By-Law No. 2005- 058 being a by-law authorizing the execution of a road use agreement between The Corporation of the Municipality of Bayham and Erie Shores Wind Farm General Partner Trust, as General Partner of and on behalf of Erie Shores Wind Farm Limited Partnership F. By-Law No. 2019-088 Being a by-law to authorize the extension of an agreement between The Corporations of the Municipality of Bayham and Pollard Distribution Inc. 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-089 Being a by-law to confirm all actions of Council 2019 Council Agenda October 17, 2019 4 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL BUDGET MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Tuesday, October 1 2019 6:30 p.m. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO | CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS TREASURER LORNE JAMES MANGER OF CAPITAL PROJECTS WATER | WASTEWATER ED ROLOSON ROADS OPERATIONS SUPERVISOR STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:30 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. Capital Project Suggestion Port Burwell Beach Observation Tower Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT correspondence item 3-A be received for information. CARRIED 4. 2020 – 2029 CAPITAL BUDGET – DRAFT A. Report TR-13/19 by Lorne James, Treasurer and Paul Shipway CAO | Clerk re 2020 – 2029 Capital Budget – Draft Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report TR-13/19 re 2020-2029 Capital Budget – Draft be received for information; AND THAT Council approve in principle the 2020-2029 Capital Budget. 2019 Council Budget Minutes October 1, 2019 CARRIED 5. ANNOUNCEMENTS 6. BY-LAW A. By-Law No. 2019-076 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Confirming By-Law No. 2019-076 be read a first, second and third time and finally passed CARRIED 7. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the Council meeting be adjourned at 7:31 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, October 3, 2019 7:00 p.m. 7:30 p.m. – Public Meeting – Planning A. John Fehr, 54303 Eden Line PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE SUSAN CHILCOTT ABSENT: COUNCILLOR C. VALERIE DONNELL STAFF PRESENT: CAO | CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK | PLANNING COORDINATOR MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Chilcott is the Vice President of the Bayham Historical Society. Councillor Chilcott vacated the Council Chambers and did not take part in the In Camera session. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Report CAO-59/19 by Paul Shipway, CAO|Clerk re Investing in Canada Infrastructure Program (ICIP) – Community Culture & Recreation Stream – Straffordville Community Centre Community Hub added as Item 11.2-A B. Confidential Item regarding a proposed or pending acquisition or disposition of land by the municipality or local board; 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 added as Item 14.1-A 4. ANNOUNCEMENTS A. Mayor Ketchabaw announced October 6 – 12, 2019 is Fire Prevention Week and Bayham Fire and Emergency Services will be hosting Open Houses. Straffordville Fire Station Open House is Tuesday, October 8, 2019 at 7:00 p.m. and Port Burwell Fire Station Open House is Wednesday, October 9, 2019 from 5:30 p.m. – 8:00 p.m. 2019 Council Minutes October 3, 2019 2 5. DELEGATIONS A. Tri-County Travellers re Bayham Campground Proposal for Straffordville Park Lew Acre, John Scott and Paul McQuiggan of the Tri-County Travellers presented information regarding a campground proposal for Straffordville Park and answered questions from Council. Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the presentation from the Tri-County Travellers re Bayham Campground Proposal for Straffordville Park be referred to staff to prepare a report outlining implementation considerations for Council review. CARRIED Council recessed for the Public Meeting at 7:32 p.m. and reconvened at 7:37 p.m. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held September 19, 2019 B. Statutory Planning Meeting held September 19, 2019 Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the minutes of the Regular Meeting held September 19, 2019 and the Statutory Planning Meeting held September 19, 2019 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION A. Elgin County Land Division Request for Reconsideration Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott WHEREAS on September 11, 2018 the Elgin County Council considered a report from Michael Plant, Director of Engineering Services and Steve Evans, Manager of Planning re Land Severances – Unsolicited Conveyance of Lands; AND WHEREAS on September 11, 2018 the County of Elgin established a policy that the County of Elgin not accept unsolicited lands to accommodate Land Division Consent applications that have otherwise not been previously requested or required by the County; AND WHEREAS the Municipality of Bayham has subsequently been approached by Land Division applicants requesting reconsideration of the September 11, 2018 County of Elgin Policy to facilitate lot addition activities; 2019 Council Minutes October 3, 2019 3 AND WHEREAS lot addition, the process of a landowner selling or transferring and merging a part of land to an abutting parcel resulting in an increase in size to the abutting landowners lot, is a form of rural economic development and conforms to the Elgin County and Bayham Official Plans. AND WHEREAS the Planning Act, R.S.O. 1990, c. P.13 also provides a mechanism for planning approval authorities to grant approval for subsequent conveyances of the same parcel, which is normally exercised for lot additions, since the suitability of the lot to be conveyed as a standalone parcel (not to be added to an abutting lot) would not have been reviewed; AND WHEREAS the County of Oxford, and Norfolk County both accept and retain 1’ X 1’ conveyances on County Roads to facilitate lot additions to promote development with the administrative costs of the transaction funded by the applicant; AND WHEREAS the acceptance of 1’ X 1’ conveyances to facilitate lot additions is the most cost effective and least burdensome process to grant lot additions, to both the Municipality and the applicant; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Municipality of Bayham respectfully request Elgin County Council to reconsider its policy of September 11, 2018 re Land Severances – Unsolicited Conveyance of Lands to facilitate rural economic development. CARRIED 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Third Public Meeting re Proposed Zoning By-law Amendment – John Fehr, 54303 Eden Line 2019 Council Minutes October 3, 2019 4 B. Notice of Public Meeting re Proposed Official Plan Amendment – Antonia Van Leeuwen and Best Line Farms Ltd., 54728 & 54744 Best Line Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence items 10.1.1-A – 10.1.1-B be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-59/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Applications E66-69/19 Resubmission of Applications E2-5/19 Schafer, Barnard, Vansevenant Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-59/19 regarding the Consent Applications E66-69/19 submitted by Mathew Schafer, Christine Barnard and Kathy Schafer-Vansevenant be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E66-69/19 be granted subject to the following conditions: 1. Installation of individual private wells with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 2. Engineer design storm water management, drainage and grading plan 3. Purchase of civic number signs 4. Digital copy of the registered plan of survey 5. Cash in Lieu of Parkland Dedication fee for each lot 6. Planning Report fee payable to the Municipality CARRIED B. Report DS-60/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E57/18 Chad Underhill Farms Limited Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Staff Report DS-60/19 regarding the Consent Application E57/18 submitted by Chad Underhill Farms Limited be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E57/18 be granted subject to the following conditions: 1. Planning report fee payable to the municipality 2. Copy of the final survey (digital) provided to the municipality 2019 Council Minutes October 3, 2019 5 3. Letter of Undertaking providing for the merger on title of the severed 1.132 ha parcel with the adjacent northerly parcel as per the consent application CARRIED C. Report DS-61/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator and Paul Shipway, CAO|Clerk re Consent Application E58/18 Dennis Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Staff Report DS-61/19 regarding the Consent Application E58/18 submitted by Douglas Dennis be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E58/18 be granted subject to the following conditions: 1. As per the Municipal Sale and Disposition of Land By-law, an agreement between the Municipality and Chad Underhill for the purchase of the road allowance and bridge “as is where is” at the southerly end of Dennis Road including that parcel of land south of the bridge connecting to the requested easement located in Concession 3 between North Part Lots 6 and 7 including the Municipality retaining a catch basin servicing easement 2. Conveyance of land from Chad Underhill to the municipality for the required turnaround north of 7135 Dennis Road 3. Planning report fee payable to the municipality 4. Copy of the final survey (digital) provided to the municipality CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ministry of Natural Resources and Forestry re Proposed Changes to the Aggregate Resources Act B. Ministry of Municipal Affairs and Housing re Building Code Services Transformation C. Municipality of Chatham-Kent resolution re Provincial Funding Cuts to Legal Aid Ontario D. Town of Newmarket re More Homes, More Choice Act, 2019 – Bill 108 Proposed Regulations E. Municipality of Mississippi Mills re Reducing Litter & Waste in Our Communities F. Municipality of Dutton Dunwich re support of the Terms of Reference for the Elgin-Aylmer- St. Thomas Community Safety and Well-Being Planning Advisory Committee and Coordinating Committee G. Township of Springwater re Joint and Several Liability Consultation 2019 Council Minutes October 3, 2019 6 H. South Central Ontario Region Economic Development Corporation (SCOR) re 2019 AMO Conference I. County of Elgin City-County Minutes of meeting held September 17, 2019 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT correspondence items 11.1.1-A – 11.1.1-I be received for information. CARRIED 11.1.2 Requiring Action A. County of Elgin re Lake Erie Source Water Protection Committee Appointment – Request for Support Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT correspondence from the County of Elgin re Lake Erie Source Water Protection Committee Appointment – Request for Support be received for information. CARRIED 11.2 Reports to Council A. Report CAO-59/19 by Paul Shipway, CAO|Clerk re Investing in Canada Infrastructure Program (ICIP) – Community Culture & Recreation Stream – Straffordville Community Centre Community Hub Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report CAO-59/19 re Investing in Canada Infrastructure Program (ICIP) – Community Culture & Recreation Stream – Straffordville Community Centre Community Hub be received for information; AND THAT Council direct staff to make application to the Investing in Canada Infrastructure Program (ICIP) - Community Culture & Recreation Stream grant for the following: Item No. 1B Item No. 2 Item No. 4 Item No. 5 Item No. 6 Item No. 7 Item No. 7 – Accessible Trail CARRIED 2019 Council Minutes October 3, 2019 7 12. BY-LAWS A. By-Law No. 2019-081 Being a by-law to authorize the execution of a transfer of lands and to declare lands in the Municipality of Bayham as part of the open public highway system (Clarke Road) B. By-Law No. 2019-082 Being a by-law to authorize the execution of a tax arrears extension agreement pursuant to Section 378 of the Municipal Act, 2001 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-Law No. 2019-081 and 2019-082 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS Council recessed for a short break at 8:47 p.m. and reconvened at 8:59 p.m. 14. OTHER BUSINESS Councillor Chilcott is the Vice President of the Bayham Historical Society. Councillor Chilcott vacated the Council Chambers and did not take part in the In Camera session. 14.1 In Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the Council do now rise to enter into an “In Camera” Session at 8:59 p.m. to discuss:  a proposed or pending acquisition or disposition of land by the municipality or local board;  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 Item regarding a proposed or pending acquisition or disposition of land by the municipality or local board; 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 (Bayham Historical Society) 14.2 Out of Camera Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council do now rise from the “In Camera” session at 9:44 p.m. with nothing to report. CARRIED 2019 Council Minutes October 3, 2019 8 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-083 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Confirming By-Law No. 2019-083 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 9:47 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, October 3, 2019 7:30 p.m. - John Fehr – 54303 Eden Line PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE SUSAN CHILCOTT ABSENT: COUNCILLOR C. VALERIE DONNELL STAFF PRESENT: CAO | CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK | PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: John Fehr 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:32 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by John Fehr to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted John Fehr The purpose of the public meeting is to consider an application to change the zoning on a 10,460 m² (2.5 acres) parcel of land from a Hamlet Residential (HR) Zone to a Site- Specific Hamlet Residential (HR-XX) zone in Zoning By-law Z456-2003. Two public meetings were held previously (November 1/18 and December 20/18) and the application was deferred until additional information was provided. The applicant has provided a copy of a hydrological report by Concentric Geoscience and a Permit To Take Water from the Ministry of the Environment, Conservation and Parks to extract water from the subject lands. 2 2019 Planning Meeting Minutes October 3, 2019 John Fehr The zoning change is to permit the operation of a water extraction and delivery business accessory to the main residential use; to permit water extraction from the subject lands subject to applicable permits; and, to permit the construction of an oversized accessory building, for work vehicle storage and work vehicle maintenance, and equipment operation and storage, with a floor area of 111 m2 (1,200 ft2) where 75 m2 (807 ft2) is the permitted maximum. The subject lands are located at 54303 Eden Line, south side, east of Culloden Road, in the hamlet of North Hall. The effect of the by-law will be to allow for the business to operate accessory to the residential use; to recognize water extraction from the property; to allow for the construction of an oversized accessory building to store one work truck and occasional maintenance on a second work truck; and to allow the use of extraction/pumping equipment and equipment storage inside the accessory building. 5. PUBLIC PARTICIPATION Mr. Fehr advised the pump test was completed with no evidence of issues with the neighbours’ water supply, the hydrological report was favorable and that he obtained a permit to take water from the MOE. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at the meeting scheduled for October 17, 2019; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application John Fehr is now complete at 7:37 p.m. CARRIED MAYOR CLERK NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED OFFICIAL PLAN AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: ANTONIA VAN LEEUWEN AND BEST LINE FARMS LTD, 54728 & 54744 BEST LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 17th, 2019 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Official Plan amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to allow for a site-specific Official Plan policy on a 27.6 ha (68 acre) parcel of land to permit the severance of a second surplus farm dwelling in the Official Plan of the Municipality of Bayham. The subject lands are located on the north side of Best Line, east of Somers Road known as 54728 and 54744 Best Line. THE EFFECT of this By-law will be to create two surplus farm dwellings from one original farm parcel. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendments. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the 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-laws are passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, or a refusal of a request to amend the Official Plan you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendments may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 27th day of September 2019. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE CHALK DRAIN IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 17, 2019 at 8:00 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed Engineer’s Report #218290 filed with the Clerk at the Bayham Municipal Office on September 27, 2019 regarding the proposed construction of the Chalk Drain serving parts of Lots 8 and 9, Concessions 2 and 3, Municipality of Bayham. The work was initiated from a written request. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent, Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario N0J 1Y0, Telephone: 519-866-5521, Monday – Friday 8:30 am – 4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 30th day of September, 2019. Paul Shipway CAO|Clerk The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE VIENNA LINE DRAIN IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 17, 2019 at 8:00 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed Engineer’s Report #218145 filed with the Clerk at the Bayham Municipal Office on September 27, 2019 regarding the proposed construction of the Vienna Line Drain serving parts of Lots 11 to 13, Concessions 2 and 3, Municipality of Bayham. The work was initiated from a petition. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent, Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario N0J 1Y0, Telephone: 519-866-5521, Monday – Friday 8:30 am – 4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 30th day of September, 2019. Paul Shipway CAO|Clerk October 8, 2019 To: All Ontario Municipalities Sent Via Email Re: Menstrual Products in City Facilities Our File No. 16.6.99 At its meeting of September 23, 2019, St. Catharines City Council supported the implementation of a pilot project to provide free menstrual products at City Facilities. The pilot project will run from January until June 2020 and will include the installation of dispensing units in washrooms at locations to be determined by staff. Below is the full motion which was approved by St. Catharines City Council at its meeting held on September 23, 2019: That Council support the implementation of Option 1 for a pilot project on free menstrual products in City Facilities, beginning in January 2020 until June 2020 and with the results of the pilot project to be reviewed; and That a cap be put in place as determined by staff; and That the Budget Standing Committee include this pilot project in its draft 2020 budgets. FORTHWITH A previous motion on this matter directed that any decisions related to this pilot project be shared with all Ontario municipalities and school boards. If you have any questions, please contact the Office of the City Clerk at extension 1524. Bonnie Nistico-Dunk, City Clerk Legal and Clerks Services, Office of the City Clerk :kn 2c In support of the Municipality of Bayham Blue Flag Beach designation the Nature at the Beach Photo Contest highlights the natural beauty of the Port Burwell East Beach. Congratulations and thank you to all the applicants, winners and supporters of the Municipality of Bayham Blue Flag Beach. See you on the beach in 2020! The Nature at the Beach Photo Contest is made possible through the support of the Otter Valley Naturalists and Capstone Infrastructure. Nature at the Beach Photo Contest - Under 18 Years of Age Nature at the Beach Photo Contest - 18 Years of Age Plus First Prize – ‘In Flight’ Logan Myers First Prize – ‘Along the Shore – Driftwood’ Joey Guarascio Second Prize – ‘Insect in Palm’ Landen Bechard Second Prize – ‘Clouds Over Port Burwell’ Mike Wilson Third Prize – ‘Spring Sunrise over Port Burwell Pier’ Karen Dolson NATURE AT THE BEACH PHOTO CONTEST The Municipality ofBayham Ontario, Canada London CANADA 300 Dufferin Avenue P.O . Box 5035 London, ON N6A4L9 September 27, 2019 Martin Keller Source Protection Program Manager Lake Erie Source Protection Region c/o Grand River Conservation Authority 400 Clyde Road, Box 729 Cambridge ON N1R 5W6 Dear Mr. Keller, As noted in your letter dated July 12, 2019, the term of appointment for Lloyd Perrin, Lake Erie Region Source Protection Committee municipal representative, is scheduled to expire in the fall 2019. It is our recommendation that Lloyd Perrin continue in his role as representative for Elgin County, Township of Malahide, Municipality of Central Elgin, Township of Southwold, City of St. Thomas, Middlesex County, Township of Thames Centre, Township of Middlesex Centre and the City of London. Our recommendation is based on the following • Lloyd Perrin has successfully and dutifully held this position for over 12 years. • Lloyd represents a municipality that owns and operates multiple water systems in the Lake Erie Region Source Protection area. • Lloyd has over twenty years of experience in the municipal field in Norfolk and Elgin counties. The Corporation of the City of London Office 519-661-2489 x4430 Fax 519-661-5391 smathers@london.ca www.london.ca Our intention is to submit a report to be considered at the October 291h, 2019 Council Meeting. Letters of support received from other municipalities or suggested alternative selections for this appointment received before October 81h, 2019 will be included as an appendix to our report. Sincerely, Scott Mathers, MPA, P.Eng. Director, Water and Wastewater City of London CC: Elgin County, Township of Malahide, Municipality of Central Elgin, Township of Southwold, City of St. Thomas, Middlesex County, Township of Thames Centre , Township of Middlesex Centre, Cathy Saunders City Clerk , City of London. The Corporation of the City of London Office 519-661-2489 x4430 Fax 519-661-5391 smathers@london.ca www.london.ca THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-084 A BY-LAW TO APPOINT A MUNICIPAL AUDITOR FOR THE MUNICIPALITY OF BAYHAM WHEREAS Section 296 (3) of the Municipality Act, 2001, S.O. 2001, c. 25, as amended provides authority for municipalities to appoint a municipal auditor for a term not to exceed five years; ANDWHEREAS the Council of the Municipality of Bayham now deems it necessary to appoint an Auditor for the fiscal years 2020 to 2024 inclusive. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Graham Scott Enns LLP Chartered Professional Accountants, Public License No. 1-18443, is hereby appointed as the Municipal Auditor for the Municipality of Bayham for the fiscal years 2020 to 2024 inclusive. 2. THAT this By-law takes effect on the day of passing. READ A FIRST, SECOND TIME AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF OCTOBER 2019. _____________________________ ___________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-085 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE CHALK DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lots 8 and 9, Concessions 2 and 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 218290, prepared by Spriet Associates, dated September 17, 2019, which is attached hereto as Schedule “A”, and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $176,000.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.218290, dated September 17, 2019 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of $176,000.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2019-085 A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the Soper Road Drain”. READ A FIRST AND SECOND TIME this 17th day of October, 2019 and provisionally adopted this 17th day of October, 2019. ________________________________ MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of . ______________________________ MAYOR CLERK COURT OF REVISION – MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law No. 2019-085 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on November 7, 2019 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-086 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE VIENNA LINE DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lots 11 TO 13, Concessions 2 and 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 218145, prepared by Spriet Associates, dated September 17, 2019, which is attached hereto as Schedule “A”, and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $85,300.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.218145, dated September 17, 2019 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of $85,300.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2019-086 A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the Soper Road Drain”. READ A FIRST AND SECOND TIME this 17th day of October, 2019 and provisionally adopted this 17th day of October, 2019. ________________________________ MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of . ______________________________ MAYOR CLERK COURT OF REVISION – MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law #2019-086 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on November 7, 2019 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-087 A BY-LAW TO AUTHORIZE AN AMENDMENT TO BY-LAW NO. 2005-058 BEING A BY-LAW AUTHORIZING THE EXECUTION OF A ROAD USE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND ERIE SHORES WIND FARM GENERAL PARTNER TRUST, AS GENERAL PARTNER OF AND ON BEHALF OF ERIE SHORES WIND FARM LIMITED PARTNERSHIP WHEREAS Section 11 of the Municipal Act, 2001, S.O.2001, c.25 as amended provides that a municipality may pass by-laws respecting highways; AND WHEREAS the Municipality of Bayham entered into a Grant of Easement Agreement dated June 29, 2005 between The Corporation of the Municipality of Bayham and Erie Shores Wind Farm General Partner Inc., as trustee for Erie Shores Wind Farm General Partner Trust, as general partner of Erie Shores Wind Farm Limited Partnership in relation to the property described therein; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of renewing the Agreement, as per Section 1, Paragraph 2 of the Agreement, for a further period of ten (10) years with the same terms and conditions as set out in the Agreement. 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 an Amending Agreement attached hereto as Schedule “A” and forming part of this by-law between Erie Shores Wind Farm General Partner Inc. as general partner of Erie Shores Wind Farm Limited Partnership and the Municipality of Bayham; 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND AND THIRD TIME AND FINALLY PASSED this 17h day of October 2019. _____________________________ ___________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-088 A BY-LAW TO AUTHORIZE THE EXTENSION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND POLLARD DISTRIBUTION INC. WHEREAS the Council of the Corporation of the Municipality of Bayham on the 7th day of March, 2019 enacted By-Law No. 2019-019 to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Pollard Distribution Inc. for the supply and application of liquid solutions for use in dust control and road stabilization in the Municipality of Bayham; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of extending the agreement with Pollard Distribution Inc., for the supply and application of liquid solutions for use in dust control and road stabilization in the Municipality of Bayham for a further one year period; 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 extend Agreement No. 0681 between Pollard Distribution Inc. and the Corporation of the Municipality of Bayham until December 31, 2020 with the Unit Price as follows: Dustmaster 20 $0.085/litre 2. AND THAT all other terms and conditions of Agreement No. 0681 remain unchanged; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF OCTOBER, 2019. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019–089 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD OCTOBER 17, 2019 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held October 17, 2019 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF OCTOBER, 2019. ____________________________ _____________________________ MAYOR CLERK