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HomeMy WebLinkAboutDecember 19, 2019 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 19, 2019 7:00 p.m. 7:30 p.m. – Public Meeting – Planning – Zoning A. Zoning By-law Amendment - Bruner B. Zoning By-law Review 8:00 p.m. – Public Meeting – Drainage A. ETBO Drain B. Court of Revision – Stewart Drain No. 2 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held December 5, 2019 B. Statutory Planning Meeting held December 5, 2019 re C & E Hoover 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report FR-05/19 by Randy White, Fire Chief|By-law Enforcement Officer re Emergency Alerting System 2019 Council Agenda December 19, 2019 2 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Dennis J. Bruner, Part Lot 26, Concession 1, Plan 11R-10026 B. Notice of Second Public Meeting re Municipality of Bayham Zoning By-law Review C. Notice of Passing of Zoning By-Law Z696-2019 re Phil Mauer/M.G. Leasing Inc. D. Notice of Public Meeting re ETBO Drain E. Notice of Court of Revision re Stewart Drain No. 2 10.1.2 Requiring Action 10.2 Reports to Council 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. City of Stratford Resolution in Support of Conservation Authorities B. Ontario Provincial Police Municipal Policing Bureau News Bulletin C. Elgin County Council minutes of meeting held November 26, 2019 D. Long Point Region Conservation Authority minutes of meeting held November 6, 2019 E. Municipality of Bayham Notice re January 2, 2020 Council Meeting Cancellation 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-70/19 by Paul Shipway, CAO|Clerk re T:G0 – Intercommunity Transit Project 12. BY-LAWS A. By-Law No. 2019-097 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the ETBO Drain (This by-law follows the recommendation in Report DS-76/19 by Bill Knifton, Chief Building Official|Drainage Superintendent during the public meeting of December 19, 2019) B. By-Law No. 2019-101 Being a by-law to authorize cost recovery (fees) with respect to fire department specific response 2019 Council Agenda December 19, 2019 3 C. By-Law No. 2019-102 Being a by-law to further amend By-Law No. 2019-025 a by-law to establish and require the payment of fees for the information, services, activities and use of municipal property D. By-Law No. 2019-103 Being a by-law to provide for an Interim Tax Levy E. By-Law 2019-104 Being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2020 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. 2019-105 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 5, 2019 7:00 p.m. 7:30 p.m. – Public Meeting – Planning – Zoning – C & E Hoover PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL SUSAN CHILCOTT ABSENT: COUNCILLOR DAN FROESE 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 declared a conflict with in-camera Item 14.1 A – Bayham Historical Society from the November 21, 2019 meeting of Council. Councillor Chilcott was absent November 21, 2019 and pursuant to Section 6.2.3 of the Procedural By-law this is the first opportunity to declare. Councillor Chilcott is the Vice President of the Bayham Historical Society. Councillor Chilcott declared a conflict with in-camera Item 14.1 B – Bayham Historical Society. 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 for in-camera item 14.1 B. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS A. Deputy Mayor Weisler announced the tree lighting in the Straffordville Parkette will be Friday, December 6, 2019 at 6:00 p.m. B. Councillor Donnell announced the Port Burwell Santa Claus Parade will be Saturday, December 7, 2019 at 6:00 p.m. C. Councillor Chilcott announced the Straffordville Santa Claus Parade will be Saturday, December 14, 2019 at 10:30 a.m. followed by opportunity to meet Santa and have hot chocolate and cookies at the Straffordville Hall. 2019 Council Minutes December 5, 2019 2 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 21, 2019 B. Committee of Adjustment held November 21, 2019 re Frank and Maria Redecop C. Statutory Planning Meeting held November 21, 2019 re Phil Mauer/MG Leasing Inc. D. Drainage Public Meeting held November 21, 2019 re Stewart Drain No. 2 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the minutes of the Regular Meeting held November 21, 2019, Committee of Adjustment re Frank and Maria Redecop held November 21, 2019, Statutory Planning Meeting re Phil Mauer/MG Leasing Inc. held November 21, 2019 and Drainage Public Meeting re Stewart Drain No. 2 held November 21, 2019 be received for information. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Court of Revision re Stewart Drain No. 2 B. Notice of Committee of Adjustment Decision re F & M Redecop C. Notice of Passing of Zoning By-Law No. Z694-2019 re M & R McCord D. Notice of Intent to Remove Holding Symbol re C & E Hoover 2019 Council Minutes December 5, 2019 3 E. Notice of Second Public Meeting re Municipality of Bayham Zoning By-law Review F. Notice of Public Meeting re D Bruner Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT correspondence items 10.1.1-A – 10.1.1-F be received for information. CARRIED 10.1.2 Requiring Action A. Elgin County Decision re VanQuaethem Farms Ltd.; Joseph & Jane Haslinger application for lot addition Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Correspondence re Elgin County Application #E21/19 – VanQuaethem Farms Ltd.; Joseph and Jane Haslinger be received for information. CARRIED 10.2 Reports to Council A. Report DS-77/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Zoning Amendment Application – Phil Mauer & Assoc./M.G. Leasing Inc. Zoning By-Law No. Z696- 2019 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Staff Report DS-77/19 regarding the Zoning By-law Amendment for Phil Mauer Assoc./M.G. Leasing Inc. 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 November 21, 2019 associated with this application and following the meeting, two verbal and two written submissions were received and that all considerations regarding this matter were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-Law Z456-2003, as amended, be further amended by changing the zoning from the site-specific Urban Industrial (M4-4) and Hamlet Residential – Holding [HR(h2)] to a modified site-specific Urban Industrial (M4-4) Zone on property identified as 56954 Eden Line; AND THAT Zoning By-Law Z696-2019 be presented to Council for enactment. CARRIED 2019 Council Minutes December 5, 2019 4 B. Report DS-78/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Site Plan Agreement By-Law No. 2019-099 – Phil Mauer / M.G. Leasing Inc. Moved by: Deputy Mayor Weisler Seconded by: Councilor Chilcott THAT Report DS-78/19 regarding the Phil Mauer/MG Leasing Inc. site plan agreement be received; AND THAT By-law No. 2019-099 being a By-law to authorize the execution of a Site Plan Agreement between Phil Mauer & Assoc./M.G. Leasing Inc. and the Municipality of Bayham for development at the property known as 56954 Eden Line be presented for enactment. CARRIED C. Report DS-79/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E83/19 Hermann – 1 Foot Conveyance Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Staff Report DS-79/19 regarding Consent application E83/19 Hermann be received for information; AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E83/19, submitted by Susan Hermann be granted subject to the following considerations and conditions: 1. Rezoning of the severed parcel 2. Planning report fee payable to the municipality 3. Digital Copy of the final survey 4. Letter of Undertaking the lands will merge with the abutting property owned by Susan Hermann and Manfred Hermann. CARRIED D. Report DS-80/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E84/19 Hermann – Lot Addition Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Staff Report DS-80/19 regarding Consent application E84/19 Hermann be received for information; AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E84/19, submitted by Susan and Manfred Hermann be granted subject to the following considerations and conditions: 1. Rezoning of the severed parcel 2. Planning report fee payable to the municipality 2019 Council Minutes December 5, 2019 5 3. Digital Copy of the final survey 4. Letter of Undertaking the lands will merge with the abutting property owned by Susan Hermann. CARRIED Council recessed for the Public Meeting at 7:30 p.m. and reconvened at 7:35 p.m. E. Report DS-81-19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E85/19 Hermann – Farm Split Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Staff Report DS-81/19 regarding Consent application E85/19 Hermann be received for information; AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E85/19, submitted by Susan and Manfred Hermann be granted subject to the following considerations and conditions: 1. Rezoning of the portion of retained lands in the Special Agriculture (A2) Zone to the Agricultural (A1-A) Zone 2. Purchase of a civic number sign for the severed parcel 3. Planning report fee payable to the municipality 4. Digital Copy of the final survey. CARRIED F. Report DS-82/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Hoover Zoning By-Law No. Z695-2019 Moved by: Councillor Donnell Seconded by: Councillor Chillcott THAT Report DS-82/19 regarding Hoover 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 December 5, 2019 associated with this application, there were no submissions received and no oral presentations regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-Law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Cleason and Eleanor Hoover described as Concession NTR Part Lot 112, Part 10 11R7329 by changing the Hamlet Residential [HR(h2/h3] Zone to Hamlet Residential (HR) Zone to permit one new dwelling; AND THAT Zoning By-Law Z695-2019 be presented to Council for enactment. CARRIED 2019 Council Minutes December 5, 2019 6 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of Amherstburg re Declaration of Climate Emergency in the Town of Amherstburg B. Municipality of Bayham Notice re January 2, 2020 Council Meeting Cancellation C. Municipality of Bayham Notice re High Speed Fiber Optic Internet Connectivity – Build-Out Phase 1 D. Recycling Naughty and Nice List Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT correspondence items 11.1.1-A – 11.1.1-D be received for information. CARRIED 11.1.2 Requiring Action A. Long Point Region Conservation Authority re 2020 Draft LPRCA Budget Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT correspondence from Long Point Region Conservation Authority re 2020 Draft LPRCA Budget be received for information. CARRIED B. Photographers of the Otter Valley re Gallery Hanging Proposal Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT correspondence from the Photographers of the Otter Valley re Gallery Hanging Proposal be received for information; AND THAT staff be directed and delegated authority to implement the Straffordville Community Centre Gallery Hanging Proposal in 2020; AND THAT the Municipality of Bayham require a waiver be signed regarding no municipal liability for artwork and only non-breakable glass (acrylic) be used for any photographs posted in the Straffordville Community Centre hallway. CARRIED 2019 Council Minutes December 5, 2019 7 11.2 Reports to Council A. Report CAO-69/19 by Paul Shipway, CAO|Clerk re Municipal Recycling Program – Full Producer Responsibility Transition Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-69/19 re Municipal Recycling Program – Full Producer responsibility be received for information; AND THAT staff be directed to exercise the extension option on Agreement No. 0185-08 until June 1, 2023; AND THAT staff be directed to work to transfer the recycling program to full producer responsibility as soon as possible. CARRIED 12. BY-LAWS A. 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) Third and Final Reading B. By-Law No. 2019-086 Being a provisional by-law to provide for drainage works in the Municipality of Bayham, County or 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) Third and Final Reading C. By-Law No. 2019-098 Being a by-law to adopt a Personnel Policy Manual D. By-Law No. 2019-099 Being a by-law to authorize the execution of a site plan agreement between Phil Mauer & Assoc./M.G Leasing Inc. and The Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-78/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of December 5, 2019) E. By-Law No. Z695-2019 Being a by-law to further amend By-Law No. Z456-2003 (This by-law follows the recommendation in Report DS-82/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of December 5, 2019) F. By-Law No. Z696-2019 Being a by-law to further amend By-Law No. Z456-2003 (This by-law follows the recommendation in Report DS-77/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of December 5, 2019) Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler 2019 Council Minutes December 5, 2019 8 THAT By-Law No. 2019-085 and 2019-086 be read a third and final time; AND THAT By-Law No. 2019-098, 2019-099, Z695-2019 and Z696-2019 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS Council recessed for a short break at 8:05 p.m. and reconvened at 8:08 p.m. Councillor Chilcott declared a conflict with in-camera Item 14.1 B – Bayham Historical Society. 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 for in-camera item 14.1 B. 14.1 In Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an “In Camera” Session at 8:08 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 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 (Pilot Project) 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 (Bayham Historical Society) 14.2 Out of Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the Council do now rise from the “In Camera” session at 9:01 p.m. with progress to report. CARRIED 2019 Council Minutes December 5, 2019 9 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler WHEREAS the Edison Museum Reserve Fund was established and maintained by the Council of the Corporation of the Municipality of Bayham for the purposes of providing funds for the operation and/or capital expenditures of the Edison Museum; AND WHEREAS the Council of the Corporation of the Municipality of Bayham ceased providing services associated with the Edison Museum in 2016 and donated all artifacts from the Edison Museum to the Bayham Historical Society; AND WHEREAS the Bayham Historical Society operates and/or intends to operate a private (non-municipal) Edison Museum; NOW THEREFORE, in keeping with the intent of By-Law No. 1997-003, the Edison Museum Reserve Fund By-law, the Council of the Corporation of the Municipality of Bayham provides the following direction: 1) THAT staff be directed to bring forward a by-law to authorize the execution of a donation agreement with the Bayham Historical Society for Council consideration to donate the net amount of the 2018 audited Edison Museum Reserve Fund balance to the Bayham Historical Society; a. AND THAT staff be directed to net out expenses associated with the proposed donation agreement, including but not limited to legal expenses, financial expenses and administrative expenses; b. AND THAT the proposed by-law to authorize the execution of a donation agreement include provisions to repeal: i. By-Law No. 2017-057, being a by-law to authorize the execution of a lease agreement between the Municipality of Bayham and the Bayham Historical Society for 6342 Plank Rd. ii. By-Law No. 1997-003 and By-law No. 2003-096, being by-laws to establish an Edison Museum Reserve. CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT staff be directed to bring forward a staff report for Council consideration to declare 6342 Plank Rd. surplus to the needs of the Municipality for the purposes of sale of the subject property with funds to be allocated to the Facility Reserve for municipal purposes, for Council consideration. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-100 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler 2019 Council Minutes December 5, 2019 10 THAT Confirming By-Law No. 2019-100 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 9:05 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, December 5, 2019 7:30 p.m. A. C & E Hoover PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL SUSAN CHILCOTT ABSENT: COUNCILLOR DAN FROESE STAFF PRESENT: CAO | CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK | PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:00 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-law Amendment application by C & E Hoover to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by C & E Hoover The purpose of the public meeting is to remove the Holding (h2/h3) provisions on 1.3 ha (3.2 acres) of land on a 4.2 ha (10.4 acres) parcel located on Part Lot 112, Concession NTR, Part 10 11R7329, on the north side of Hoover Valley Road, east of Richmond Road, in the hamlet of Richmond, from the holding Hamlet Residential [HR(h2/h3)] Zone to the Hamlet Residential (HR) Zone, in the Zoning By-law of the Municipality of Bayham No. Z456-2003. The remainder (rear) of the lands are zoned Agricultural (A1). 2 2019 Planning Meeting Minutes December 5, 2019 C & E Hoover The effect of the by-law will be to permit a new single detached dwelling on the lands where the lands are not suitable for the creation of additional lots by Plan of Subdivision. 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Zoning By-law be considered at the meeting scheduled for December 5, 2019; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application C & E Hoover is now complete at 7:34 p.m. CARRIED MAYOR CLERK REPORT FIRE DEPARTMENT TO: Mayor & Members of Council FROM: Randy White, Fire Chief DATE: Dec 19, 2019 REPORT: FR-05/19 SUBJECT: EMERGENCY ALERTING SYSTEM BACKGROUND: For several years, the Municipality of Bayham has explored procuring an emergency alerting system that would allow for notifications being sent to residents informing them of emergencies as well as other pertinent information. Alerting systems reviewed included Voyent Alert, Everbridge, Telmatic, One Call Now, and CodeRED among others. While functionality was reasonably similar, the costs for most tended to be prohibitive. The recent entry of the Voyent Alert product into the small size market along with the interest expressed by an industrial partner finally allowed for an economically feasible implementation. DISCUSSION: The Voyent Alert system is designed for small to medium sized municipalities and is a Canadian company operating out of Calgary Alberta. The system is a cloud based service utilizing Canadian resources for operations and storage. Voyent Alert state they are compliant with the Personal Information Protection and Electronic Documents Act of Canada. Users can subscribe to the system while remaining completely anonymous (only postal codes are required). Residents can sign up to have any alerts or messages sent to an app on their smart phone, a simple text message, email, or direct to a landline phone. Depending on the message, alerts can be sent to all users, a targeted subset of users, within geo-fences already in the system or event specific, or pre-defined groups (such as municipal staff, the emergency control group, industries, etc.). Alerts can be significant emergency events such as a fire or hazardous materials incident, critical events such as boil water advisories, or more routine messages such as road closures. In addition to over 60 municipalities across Canada, in our area the Town of Aylmer, the City of St. Thomas, and more recently, the Municipality of Central Elgin have engaged the services of IceSoft Technologies and implemented Voyent Alert. The quoted cost for the system is $2,800 per year for up to 3,500 users, additional users are $0.50 each. Additional usage fees per notification include: Mobile App Notifications $0.00 (unlimited) Email $0.02 SMS (text) $0.04 Voice Dial Out $0.05 RECOMMENDATION: 1.THAT Report FR-05/19 re Emergency Alerting System be received for information; 2.AND THAT Council authorize Staff to enter into an agreement for the provision of a Municipal Emergency Notification System with IceSoft Technologies for a 60-day free trial and a one year term. Respectfully Submitted by: Reviewed by: _______________________ __________________________ Randy White Paul Shipway Fire Chief/By-law Officer CAO|Clerk NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: DENNIS J. BRUNER, PART LOT 26, CONCESSION 1, PLAN 11R-10026 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, December 19, 2019 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line 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 29 ha (71.8 acres) parcel of land from an Agriculture (A1) zone to a site-specific Agriculture (A1-XX) zone to permit cannabis cultivation and cannabis cultivation, outdoor use for a federally licensed indoor (greenhouses) and outdoor cultivation of cannabis operation as a permitted use in Zoning By-law Z456-2003. The subject lands are located at Part Lot 26, Concession 1, Plan 11R-10026, Godby Rd., east side, south of Glen Erie Line. THE EFFECT of this By-law will be to allow cannabis cultivation and cannabis cultivation, outdoor use as permitted use for the cultivation and harvesting of cannabis, but does not permit cannabis processing use. 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 28th day of November 2019. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Zoning By-law Review NOTICE OF SECOND PUBLIC MEETING CONCERNING A ZONING BY-LAW REVIEW IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Municipality of Bayham is considering a comprehensive amendment to Zoning By-law No. Z456-2003 to recognize recent updates made to the Official Plan. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a second public meeting at 7:30 p.m. on Thursday December 19, 2019 in the Municipal Council Chambers, 56169 Heritage Line, in Straffordville to consider the Zoning By-Law Review under Section 34 and in accordance with Section 26(9) of the PLANNING ACT . THE PURPOSE of the amendment is to ensure the Zoning By-law of the Municipality of Bayham is up-to-date and is consistent with the Official Plan in accordance with Section 26 (9) of the Planning Act. The Draft Zoning By-law Amendment is available on the Municipality of Bayham website, at www.bayham.on.ca, for review. The review process includes a review, consolidation and update of the Zoning By-law. Generally, the amendment will address recent updates to the Official Plan as well as other housekeeping items which will affect regulations in the Municipality. No key map is provided as the proposed amendment applies to the entire Municipality. THE EFFECT of this amendment will be an updated Zoning By-law document, which will allow Municipal Council to implement the goals and objectives outlined in the Official Plan. 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 25th day of November 2019. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z696-2019 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: PHIL MAUER/M.G. LEASING INC. TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z696-2019 on the 5th day of December, 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 26th day of December, 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 4.4 hectare (11 acre) parcel of land from a site-specific Urban Industrial (M4-4) and holding Hamlet Residential (HR(h2)) zone to a modified site-specific Urban Industrial (M4-4) zone to permit a maximum lot coverage of fifteen per cent (15%), reduced rear setback of 8.2 m (26.9 feet) whereas the required minimum is 10.5 m (34.4 feet) and to zone the entire parcel consistent with the industrial use to Zoning By-law Z456-2003. The subject lands are located at Part Lots 3 & 4, 22, 23, & 24, Concession 9, Plan 11 R-5905, known as 56954 Eden Line north side, west of Plank Road. THE EFFECT of this By-law will be to allow a 1,115 m2 (12,002 ft2) building addition with reduced setback, for a total building floor area of 6,202 (66,757 ft2), and to facilitate the Site Plan Agreement for the new development; and to remove the HR(h2) zoning of the industrial lands. A Site Plan Agreement was approved by By-law 2019-099 on December 5, 2019 by Council incorporating additional sound barrier and buffering features. 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 6TH DAY OF DECEMBER 2019. Hamlet of Eden Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca 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. We are pleased to present you our News Bulletin for Ontario Provincial Police (OPP)-policed municipalities. The results of the survey, we sent you in Spring 2019, indicat- ed your interest for enhanced communication with more fre- quent updates on OPP munici- Greetings from OPP Municipal Policing Bureau! Ontario Provincial Police Municipal Policing Bureau December 2019 News Bulletin received the 2020 Annual Billing Statements, we encourage you to visit www.opp.ca/billingmodel and review our updated documents. Should you require additional infor- mation or wish to send us feedback please contact us at (705) 329 6200 or OPP.MunicipalPolicing@opp.ca pal policing. You spoke and we listened. We will issue publications as news on OPP innovations, effi- ciencies and updates on munici- pal policing matters become available. Now that your municipality has 1 2 4 5 2020 Annual Billing Highlights 2019 was the last year of the phase-in strategy that capped cost increases and decreases Almost ¾ of all OPP-policed municipalities under the current billing model pay less than the av- erage cost per property of $358 in 2020 The average cost per property has been relatively stable and overall cost recovery has increased by approximately 1% since 2015 The 2020 estimated Base Services cost is the lowest since 2015 at $183.23 per property Come visit us at booth 414 at 2020 ROMA conference The OPP Municipal Policing Bureau actively participates in events and conferences that add value to our relationships with our municipal policing partners. We would like to remind you that Municipal Po- licing Bureau representatives will be available to meet with you at the Rural Ontario Municipal Associ- ation (ROMA) Conference held in Toronto, ON, January 19-21, 2020. We will be at booth #414 in the Lower Concourse, Sheraton Centre Toronto Hotel. Drop in to have a casual discussion and meet Munici- pal Policing Bureau members. Should you wish to have a more formal discussion in relation to the billing model, your municipality’s Annual Billing Statement or municipal policing arrangement with the OPP, please contact us at OPP.MunicipalPolicing@opp.ca. Submit your request along with a brief description of the topic you wish to discuss, and specify any time you are not available on January 21, 2020. Municipality of Bayham January 2, 2020 Council Meeting Cancellation Notice Please be advised the January 2, 2020 Regular Meeting of Council is cancelled. DATED at the Municipality of Bayham this 22nd day of November 2019. Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 Telephone: 519-866-5521 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: December 19, 2019 REPORT: CAO-70/19 SUBJECT: T:GO - INTERCOMMUNITY TRANSIT PROJECT BACKGROUND On February 15, 2018, the Municipality of Bayham issued a letter of support to the Town of Tillsonburg, Community Transportation Steering Committee application to the Ministry of Transportation (MTO) Community Transportation Grant Program. The MTO Community Transportation Grant Program is designed to support local transit and intercommunity bus service in areas that are currently unserved or underserved by public transit. In April 2018, the Town of Tillsonburg received notification of approval of an intercommunity transit pilot project with funding up to $1,457,732 over 5 years. The Town of Tillsonburg has subsequently been working to operationalize the Intercommunity Transit Project. On December 9, 2019, the Town of Tillsonburg passed a resolution to award the service contract to 947465 Ontario Ltd., o/a Voyago. DISCUSSION The Town of Tillsonburg Intercommunity Transit Project will launch on April 1, 2020. Route details are attached hereto as Appendix ‘A’. Next steps working towards full implementation of the Town of Tillsonburg Intercommunity Transit Project include: •Promotion and marketing of the service. •Finalization of the fare structure and amendment to Rates & Fees By-laws throughout the service area. •Installation of bus stop signs. o Stops in Bayham will be at the Eden Community Park, Straffordville Community Centre, Vienna Community Centre and Port Burwell Marine Museum. The bus will be equipped for side loading of wheelchairs, not exposing the passengers or the drivers to traffic meeting the requirements and specifications for public transit vehicles as set out in O.Reg. 191/11 Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act (AODA). The five (5) year pilot project is funded via the MTO Community Transportation Grant Program. However, part of the scope of work and funding agreement for the Intercommunity Transit Project is to prepare a Sustainability Plan for submission to the Province. This would incorporate municipal funding to sustain the service after the pilot project period. At this time, no discussions have taken place with municipal partners in the program regarding future funding. Through the research and engagement conducted by Southwestern Public Health, objective information has been produced which clearly identifies the need for the residents of the Municipality of Bayham to have access to affordable transportation options. Highway 19, Plank Road, is the main transportation corridor from the Municipality of Bayham to the Town of Tillsonburg where residents travel to access medical, economic and social services. A connection with T:GO, Tillsonburg's affordable transportation program, could provide an opportunity to positively impact the lives of the residents of the Municipality of Bayham. RECOMMENDATION 1.THAT Report CAO-70/19 re T:GO Intercommunity Transit Project be received for information. Respectfully Submitted by: Paul Shipway CAO|Clerk Inter-Community Transit System Map Inter-Community Transit Schedules Route 1 - Monday to Friday Block 1 Block 1 Block 2 Block 2 Block 2 Timepoint Travel Time Trip 1 ↓ Trip 2 ↑ Trip 3 ↓ Trip 4 ↓ Trip 5 ↑ Tillsonburg Town Centre 6:30 11:25 11:30 14:30 19:25 Tillsonburg Hospital 0:03 6:33 11:22 11:33 14:33 19:22 Norwich DT 0:30 7:03 10:52 12:03 15:03 18:52 Woodstock Hospital 0:29 7:32 10:23 12:32 15:32 18:23 Woodstock VIA 0:08 7:40 10:15 12:40 15:40 18:15 Woodstock Transit Terminal 0:04 7:44 10:11 12:44 15:44 18:11 Ingersoll Hospital 0:23 8:07 9:48 13:07 16:07 17:48 Mount Elgin 0:15 8:22 9:33 13:22 16:22 17:33 Tillsonburg Hospital 0:30 8:52 9:03 13:52 16:52 17:03 Tillsonburg Town Centre 0:03 8:55 9:00 13:55 16:55 17:00 Notes: Yellow indicates a connection to another service, blue indicates a connection from another service Trips are scheduled to arrive at the Woodstock Transit terminal with a 10 minute buffer from Woodstock Transit’s timed transfers. This schedule connects to the 8:07 Toronto-bound VIA train, and from the 18:12 VIA train arriving from Toronto. If the 18:12 VIA train is delayed, the bus would have to hold at Woodstock VIA to make the connection. This would not delay any other trips, and how long to hold is an operational decision. Route 1 Route 2 Route 3 Route 4 Route 2 & 3 - Tuesday and Friday Block 3 Block 3 Block 3 Timepoint Travel Time Trip 1 ↓ Trip 2 ↓ Trip 3 ↓ Tillsonburg Town Centre 9:00 11:30 14:30 Langton 0:25 9:25 11:55 14:55 Delhi DT 0:30 9:55 12:25 15:25 Tillsonburg Town Centre 0:20 10:15 12:45 15:45 Port Burwell 0:35 10:50 13:20 16:20 Tillsonburg Town Centre 0:35 11:25 13:55 16:55 Notes: Yellow indicates a connection to another service, blue indicates a connection from another service. Tuesday and Friday are days with no Ride Norfolk service in Delhi. This schedule provides Delhi with connections to larger towns 5 days a week. Route 4 - Monday and Wednesday Block 2 Block 1 Stop Travel Time Trip 1 ↓ Trip 2 ↓ Tillsonburg Town Centre 8:00 15:45 Ingersoll Hospital 0:25 8:25 16:10 Dorchester 0:20 8:45 16:30 London Hospital 0:20 9:05 16:50 Dorchester 0:20 9:25 17:10 Ingersoll Hospital 0:20 9:45 17:30 Tillsonburg Town Centre 0:25 10:10 17:55 Notes: Yellow indicates a connection to another service, blue indicates a connection from another service. A connection is provided in Ingersoll Hospital with Route 1. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-097 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE ETBO DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lot 1, Concession 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 219166, prepared by Spriet Associates, dated November 19, 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 $17,600.00; 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.219166, dated November 19, 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 $17,600.00 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. 2019-097 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 “ETBO Drain”. READ A FIRST AND SECOND TIME this 19st day of December, 2019 and provisionally adopted this 19st day of November, 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 #2019-097 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on January 19, 2020 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. 2019-101 BEING A BY-LAW TO AUTHORIZE COST RECOVERY (FEES) WITH RESPECT TO FIRE DEPARTMENT SPECIFIC RESPONSE WHEREAS pursuant to section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time (the “Municipal Act”), the powers of a municipality are to be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considered appropriate and to enhance the municipality’s ability to respond to municipal issues; AND WHEREAS pursuant to section 391 of the Municipal Act, a municipality may impose fees or charges on persons for services or activities provided or done by or on behalf of it; AND WHEREAS pursuant to section 398 of the Municipal Act, fees and charges imposed by a municipality on a person constitute a debt of the person to the municipality; AND WHEREAS Council of the Municipality of Bayham deems it expedient to pass a by-law to impose fees on persons to recover the costs of fire department responses; NOW THEREFORE the Council of the Municipality of Bayham hereby enacts as follows: 1. In this By-Law: a. “Council” means Council of the Municipality; b. “Fire Department” means a fire department established by the Municipality in accordance with the provisions of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended from time to time; c. “Fire Department Specific Response Fees” means cost recovery fees for Fire Department attendance at a Property for which the Owner has Fire Department insurance coverage; d. “Indemnification Technology®” means Fire Department incident reporting, data collection and property insurance policy wording interpretation to maximize billing opportunities on behalf of fire departments by invoicing insurance companies for costs of fire department attendance with respect to insured perils; e. “Municipality” means the Corporation of the Municipality of Bayham; f. “Owner” means the registered owner of property or any person, firm , corporation, partnership or society and their heirs, executors, administrators or other legal representatives, including a property manager, tenant, occupant, mortgagee in possession, receiver, manager, trustee or trustee in bankruptcy, having control over or possession of the property or any portion thereof; g. “Property” means any real property located within the geographical boundaries of the Municipality, to which the Fire Department is under a service agreement to provide Fire Department response services, Automatic Aid or Mutual Aid. Property includes buildings, contents and structures of any nature and kind in or upon such lands to which service is provided; 2. The Municipality hereby authorizes the imposition of fees from time to time in accordance with the provisions of this By-Law. 3. The Owner of Property shall be responsible for the payment of Fire Department Specific Response Fees imposed by this By-Law in accordance with the Schedule of Fees, attached hereto and forming part of this By-Law. 4. The Municipality may use Indemnification Technology® to assess applicable insurance coverage for Fire Department Specific Response Fees. 5. Where the Municipality believes and/or Indemnification Technology® indicates Fire Department Specific Response Fees are applicable but the Owner does not have, in part or in full, insurance coverage for fire department charges for the Property, the Municipality may adjust the Fire Department Specific Response Fees to the extent of insurance coverage upon provision by the Owner of evidence, to the satisfaction of the Municipality, that no such insurance coverage exists or to demonstrate the limits of such coverage. 6. The Owner’s insurer may remit payment of the Fire Department Specific Response Fees directly or indirectly to the Municipality on the Owner’s behalf. Where Fire Department Specific Response Fees are payable under this By-Law but not remitted to the Municipality, the amount may be added to the tax roll of the Property to which the Fire Department Specific Response Fees relate. 7. In this By-Law, words importing the neuter gender shall include the feminine gender and masculine gender and vice versa and words importing the singular shall include the plural where the context requires. 8. If any term or provision of this By-Law or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this By-Law or the application of such term or provision to all persons other than those to whom it was held to be invalid or unenforceable, shall not be affected thereby, it being the intention of the Council that each term and provision of this By-Law shall be separately valid and enforceable to the fullest extent permitted by law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY P ASSED THIS 19th DAY OF DECEMBER, 2019 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ___________________ Ed Ketchabaw, Mayor ___________________ Paul Shipway, CAO|Clerk SCHEDULE OF FEES 1. Fire Department Specific Response Fees The Fire Department Specific Response Fees shall be the total of: a. *Current MTO rate per unit per hour or portion thereof for each unit b. rate per person per hour or portion thereof for each firefighter c. other costs including but not limited to; Foam, Metered Water, Air Tank Re-filling, Cleaning Equipment, DSPA or similar type units, cost to replace damaged or destroyed equipment, specialized response costs such as Water Bomber Drops, Hazmat response resources, heavy equipment *The MTO rate per unit per hour is set by the Ministry of Transportation. This rate is adjusted periodically in accordance with the consumer price index. Such fees shall be charged and calculated on the basis of each Fire Department vehicle attending, each firefighter attending and resources consumed in attendance to the property incident. The time shall be measured from the time of departure of each unit from the Fire Department’s facilities to the time the unit is cleared for the next call out. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-102 BEING A BY-LAW TO FURTHER AMEND BY-LAW NO. 2019-025 A BY-LAW TO ESTABLISH AND REQUIRE THE PAYMENT OF FEES FOR INFORMATION, SERVICES, ACTIVITIES AND USE OF MUNICIPAL PROPERTY WHEREAS the Council of the Municipality of Bayham on the 21st day of March, 2019 enacted By-Law No. 2019-025, being a by-law to establish and require the payment of fees for information, services, activities and use of municipal property AND WHEREAS the Council of the Municipality of Bayham did by By-Law No. 2019-034, By-Law No. 2019-039 and By-Law No. 2019-047 amend By-Law 2019-025; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to further amend By- law 2019-025; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT Schedule “A” to By-law 2019-025, Fire Services, be amended to as follows: Delete Fire Response Fees (Imdemnification Technology Municipal Act. 2001 391(1) – Current MTO hourly rate for required apparatus Replace with Fire Response Fees (Imdemnification Technology Municipal Act. 2001 391(1) – Current MTO hourly rate for required apparatus. Please refer to By-Law No. 2019-101 THAT in all other respects, By-law 2019-025 is hereby confirmed and remains unchanged; AND THAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF DECEMBER 2019. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-103 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY WHEREAS Section 317 of The Municipal Act, 2001, Chapter 25, S.O. 2001, as amended, provides for an interim levy for 2020 on the assessment of property in the municipality rateable for local municipal purposes, subject to certain restrictions; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable and expedient that such a levy should be made; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. That for the year 2020, the interim tax levying amounts to be levied, raised and collected on all real property taxable within the residential, farmland, pipeline, multi-residential, commercial and industrial classes, and liable to pay the same according to the last revised assessment roll, shall be fifty (50) percent (%) of the total amount of annualised taxes for municipal and school purposes levied on the property for the previous year, that is for the year 2019. 2. The said interim tax levying amounts shall be due and payable in two instalments at the Municipality of Bayham Office at 56169 Heritage Line, Straffordville, on or before the following dates: FIRST INSTALMENT February 28, 2020 SECOND INSTALMENT May 29, 2020 Notice of such taxes due shall be sent by first class mail by the Tax Collector to those persons or firms liable for the payment of taxes. 5. That a charge as a penalty of one and one -quarter per cent on the amount of any outstanding taxes levied in 2020 shall be made on the first day of each calendar month thereafter in which default continues, until December 31 st 2020, and any such additional amount shall be levied and collected in the same manner as if it had been originally imposed with and formed part of such levy. 6. That interest of one and one-quarter per cent on the amount of any taxes due and unpaid after December 31, 2020, shall be charged on the first day of each calendar month thereafter in which the default continues. 7. That taxes may be levied, in accordance with the provisions of this by -law on the assessment of property that is added to the assessment roll after this by-law is passed. By-law 2019-103 -2- 8. That the provisions of the Municipal Act with respect to the levy of the yearly rates and the collection of taxes apply mutatis mutandis to the levy of rates and collection of taxes under this by-law. 9. That this by-law shall become effective as of the 1st day of January 2020. READ A FIRST AND SECOND TIME this 19th day of December, 2019. READ A THIRD TIME AND FINALLY PASSED this 19th day of December 2019. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-104 BEING A BY-LAW TO AUTHORIZE BORROWING FROM TIME TO TIME TO MEET CURRENT EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2020. WHEREAS the Municipal Act, 2001 S.O. 2001, Chapter 25, s.407, provides authority for a council by-law to authorize temporary borrowing, until taxes are collected, and until other revenues are received, to meet the current expenditures of the municipality for the year, AND WHEREAS the total amount which may be borrowed from all sources at any one time to meet the current expenditures of the municipality, except with the approval of the Ontario Municipal Board, is limited by Section 407 of the Municipal Act, 2001. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: Borrowing 1) The head of Council and the Treasurer are hereby authorized to Authority borrow from time to time by way of promissory note or bankers’ acceptance during the year 2020 (hereinafter referred to as the current year) such sums as may be necessary to meet, until the taxes are collected, and until other revenues are received, the current expenditures of the municipality and the other amounts that are set out in section 407 of the Municipal Act, 2001. Instruments 2) A promissory note or bankers’ acceptance made under Section 1 shall be signed by the head of Council or such other person as is authorized by by-law to sign it and by the Treasurer. Lenders 3) The lenders from whom amounts may be borrowed under authority of this by-law shall be the Royal Bank of Canada and such other lender(s) and reserve funds of the municipality as may be determined from time to time by resolution of the Council. Limit on 4) The total amount which may be borrowed at any one time under Borrowing this by-law, together with the total of any similar borrowings that have not been repaid, shall not exceed, from January 1st until September 30th of the current year, 50 percent of the estimated revenues of the municipality as set forth in the estimates adopted for that year. Such borrowing shall not exceed, from October 1st until December 31st of the current year, 25 percent of the said estimated revenues of the municipality as set forth in the estimates adopted for that year. For purposes of this by-law, the estimated revenues of the municipality shall not include revenues derivable or derived from B/L 2019-104 -2- (a) borrowings or issues of debentures, or (b) a surplus, including arrears of levies, or (c) a transfer from the capital fund, reserve funds or reserves. Borrowing 5) The Treasurer shall, at the time when any amount is borrowed Documents under this by-law, ensure that the lender is or has been furnished Required with a certified copy of this by-law, a certified copy of the resolution mentioned in Section 3 determining the lender if applicable and a copy of the estimates of the corporation adopted for the current year and also showing the total of any other amounts borrowed from any and all sources under authority of Section 407 of the Municipal Act, 2001 that have not been repaid. When 6) If the estimates for the current year have not been adopted at the Estimates Not time an amount is borrowed under this by-law. Adopted (a) the limitation on total borrowing shall be calculated for the time being upon the estimated revenues of the municipality as set forth in the estimates adopted for the previous year. The 2019 estimated amount of revenues applicable to the limitation on total borrowing is $10.6m. Charge on 7) All or any sums borrowed under this by-law shall, with interest Revenues thereon, be a charge upon the whole of the revenues of the municipality for the current year and for any preceding years as and when such revenues are received but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender. Directive to 8) The Treasurer is hereby authorized and directed to apply in Treasurer payment of all or any sums borrowed under this by-law, together with interest thereon, all or any of the money hereafter collected or received, either on account of or realized in respect of the taxes levied for the current year and preceding years or from any other source, which may lawfully be applied for such purpose. Effective Date 9) This by-law shall come into full force and effect the 1st day of January, 2020. Read a first, second and third time and finally passed this 19th day of December 2019. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019–105 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD DECEMBER 19, 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 December 19, 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 19th DAY OF DECEMBER, 2019. ____________________________ _____________________________ MAYOR CLERK