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Home My WebLink AboutMarch 05, 2020 - CouncilTHE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 5, 2020 7:00 p.m. 7:30 p.m. – Public Meeting – Planning A. Cornelius & Helena Reimer, 56398 Calton Line B. Isaac Michael & Annie Reimer, 53714 Heritage Line C. C.H.R. Farms Ltd., 56573 Calton Line 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 February 20, ,2020 B. Statutory Planning Meeting held February 20, 2020 re W. Anderson & P. Smith 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 2020 Council Agenda March 5, 2020 2 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-Law Amendment – Cornelius & Helena Reimer, 56398 Calton Line B. Notice of Public Meeting re Proposed Zoning By-Law Amendment – Isaac Michael & Annie Reimer, 53714 Heritage Line C. Notice of Public Meeting re Proposed Zoning By-Law Amendment – C.H.R. Farms Ltd., 56573 Calton Line D. Notice of Passing of Zoning By-Law No. Z701-2020 – Borm, 7288 Richmond Road 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-24 /20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Zoning Amendment Application – Anderson Smith Zoning By-Law No. Z702-2020 B. Report DS-25/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E10/20 Hildebrandt (resubmission of E67/17) 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Enbridge Gas Inc. re Natural Gas Expansion Program Update 11.1.2 Requiring Action A. Barry Wade & Susanne Schlotzhaur Request for Action re Faye Street & Libby Avenue B. Earl & Micheline Shea request for Action re Road Status Faye Street & Libby Avenue C. Jennifer Lockyer, Group Administrator for the 1st Port Burwell Scouting Group re First Annual Quarter Auction donation request 11.2 Reports to Council 12. BY-LAWS A. By-Law No. Z702-2020 Being a by-law to further amend By-Law No. Z456-2003 – Anderson / Smith (This by-law follows the recommendation in Report DS-24/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of March 5, 2020) B. By-Law No. 2020-015 Being a by-law to authorize the execution of an agreement for cost recovery for the services of Elgin County Training Officer 2020 Council Agenda March 5, 2020 3 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding labour relations or employee negotiations; advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Teamsters Local 879) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020 -01 6 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, February 20, 2020 7:00 p.m. 7:30 p.m. – Public Meeting – Planning – W. Anderson & P. Smith PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES CHIEF BUILDING OFFICIAL| DRAINAGE SUPERINTENDENT BILL KNIFTON 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Chilcott declared a conflict with By-law No. 2020-013 Item 12.D. Councillor Chilcott is the Vice President of the Bayham Historical Society. Councillor Chilcott vacated her chair and did not take part in debate or vote for By-law No. 2020-013. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Confidential Item regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose added as Item 14.1-A. B. Agreement between the Corporation of the Municipality of Bayham and Bayham Historical Society added to By-Law No. 2020-013 Item 12-D. 4. ANNOUNCEMENTS None. 5. DELEGATIONS None. 2020 Council Minutes February 20, 2020 2 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held February 6, 2020 B. Statutory Planning Meeting held February 6, 2020 re Borm Capital Inc. C. Statutory Planning Meeting held February 6, 2020 re P. Retsinas Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the minutes of the Regular Meeting held February 6, 2020, Statutory Planning Meeting re Borm Capital Inc. held February 6, 2020 and Statutory Planning Meeting re P. Retsinas held February 6, 2020 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Adoption of Official Plan Amendment No. 25 – Best Line Farms B. Notice of Refusal of Official Plan Amendment – Kevan and Phyllis Rouse C. Notice of Passing of Zoning By-Law No. Z699-2020 – VanQuaethem Farms Ltd. D. Notice of Public Meeting – W. Anderson and P. Smith, 9743 Plank Road E. Notice of Public Meeting re Proposed Zoning By-Law Amendment – Cornelius & Helena Reimer, 56398 Calton Line 2020 Council Minutes February 20, 2020 3 F. Notice of Public Meeting re Proposed Zoning By-Law Amendment – Isaac Michael & Annie Reimer, 53714 Heritage Line G. Notice of Public Meeting re Proposed Zoning By-Law Amendment – C.H.R. Farms Ltd, 56573 Calton Line Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT correspondence items 10.1.1-A – 10.1.1-G be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-18/20 by Bill Knifton, Chief Building Official|Drainage Superintendent re ETBO Drain Award Contract Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-18/20 regarding ETBO Drain Award Contract be received for information; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the ETBO Drain, as submitted by PBR Excavating Inc., in the amount of $13,677.32+HST, with work to commence on or before March 2, 2020 and be completed on or before March 06, 2020; AND THAT By-Law 2020-011, being a by-law to authorize the execution of contract documents with PBR Excavating Inc. be presented to Council for enactment CARRIED B. Report DS-19/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Amended Consent Application E84/19 Hermann – Lot Addition Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-19/20 regarding amended Consent application E84/19 Hermann be received for information; AND THAT Council supports and recommends to the Elgin County Land Division Committee that amended 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 3. Digital Copy of the final survey 2020 Council Minutes February 20, 2020 4 4. Letter of Undertaking the lands will merge with the abutting property owned by Susan Hermann CARRIED C. Report DS-20/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Amended Consent Application E85/19 Hermann – Farm Split Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-20/20 regarding amended 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 D. Report DS-21/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Zoning Amendment Application – Borm Zoning By-Law No. Z701-2020 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report DS-21/20 regarding the Zoning By-law Amendment for Borm Capital 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 February 6, 2020 associated with this application, no written submissions were received and one presentation at the public meeting addressed Council with concerns; 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 Agricultural (A1-A) Zone to a site-specific Rural Industrial (M2-8) Zone and lands from Agricultural (A1-A) Zone to a holding site-specific Rural Industrial (M2-8(h6)) Zone to satisfy the conditions of Consent E14/19; AND THAT Zoning By-law Z701-2020 be presented to Council for enactment. CARRIED 2020 Council Minutes February 20, 2020 5 E. Report DS-22/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Site Plan Agreement By-Law No. 2020-012 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report DS-22/20 regarding the Borm Capital Inc. site plan agreement be received; AND THAT By-law No. 2020-012 being a By-law to authorize the execution of a Site Plan Agreement between Etienne Borm, Marie Louise Borm, Borm Capital Inc. and the Municipality of Bayham for development at the property known as 7288 Richmond Road be presented for enactment. CARRIED F. Report DS-23/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E95/19 MacDonald Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report DS-23/20 regarding Consent application E95/19 MacDonald be received for information; AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E95/19 submitted by John and Maria MacDonald be granted subject to the following considerations and conditions: 1. Installation of municipal water and sewer connection to the lot line for mandatory connection to the municipal systems 2. Engineer design storm water management, drainage and/or grading plan 3. Digital copy of the registered plan of survey 4. Cash in Lieu of Parkland Dedication fee for the lot 5. Planning Report fee payable to the Municipality CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ministry of Children, Community and Social Services re Poverty Reduction Strategy B. County of Elgin re Community Safety and Well-Being Plan Update C. County of Elgin re Elgin Hospice Group D. County of Elgin Minutes of Meeting held January 28, 2020 and Draft Minutes of Meeting held February 11, 2020 2020 Council Minutes February 20, 2020 6 E. County of Elgin Press Release re Measured & Affordable Tax Increase Delivered in County Budget F. County of Elgin Press Release re StrategyCorp Inc. to lead Elgin County’s Service Delivery Review G. Long Point Region Conservation Authority re 2020 Annual General Meeting H. Long Point Region Conservation Authority minutes of meeting held January 8, 2020 I. Ministry of Natural Resources & Forestry re Proposed regulatory changes under the Aggregate Resources Act J. Southwest Middlesex resolution re Government Bill 156 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence items 11.1.1-A – 11.1.1-J be received for information. CARRIED 11.1.2 Requiring Action 11.2 Reports to Council A. Report TR-03/20 by Lorne James, Treasurer re 2019 Public Sector Salary Disclosure Act Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report TR-03/20 re 2019 Public Sector Salary Disclosure Act be received for information. CARRIED B. Report TR-04/20 by Lorne James, Treasurer re 2019 Investment Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report TR-04/20 re 2019 Investment Report be received for information. CARRIED C. Report TR-05/20 by Lorne James, Treasurer re 2019 Council Remuneration and Expenses Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 2020 Council Minutes February 20, 2020 7 THAT Report TR-05/20 re 2019 Council Remuneration and Expenses be received for information. CARRIED Council recessed at 7:30 p.m. for a public planning meeting and reconvened at 7:34 p.m. D. Report TR-06/20 by Lorne James, Treasurer re 2019 Q4 Variance Report Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report TR-06/20 re 2019 Q4 Variance Report be received for information. CARRIED E. Report TR-07/20 by Lorne James, Treasurer re 2019 Deficit Allocation Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report TR-07/20 re 2019 Deficit Allocation be received for information; AND THAT Council confirm the 2019 Deficit Allocation funding as outlined with Report TR- 07/20. CARRIED 12. BY-LAWS A. By-Law No. Z701-2020 Being a by-law to further amend By-Law No. Z456-2003 – Borm (This by-law follows the recommendation in Report DS-21/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of February 20, 2020) B. By-Law No. 2020-011 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and PBR Excavating Inc. for the provision of drainage works for the ETBO Drain in the Municipality of Bayham pursuant to provisions of the Drainage Act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation in Report DS-18/20 by Bill Knifton, Chief Building Official|Drainage Superintendent during the regular meeting of February 20, 2020) C. By-Law No. 2020-012 Being a by-law to authorize the execution of a site plan agreement between Etienne Borm, Marie Louise Borm, Borm Capital Inc. and The Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-22/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of February 20, 2020) D. By-Law No. 2020-013 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Bayham Historical Society 2020 Council Minutes February 20, 2020 8 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-Law No. Z701-2020, 2020-011 and 2020-012 be read a first, second and third time and finally passed. CARRIED Councillor Chilcott declared a conflict with By-law No. 2020-013 Item 12.D. Councillor Chilcott is the Vice President of the Bayham Historical Society. Councillor Chilcott vacated her chair and did not take part in debate or vote for By-law No. 2020-013. Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT By-Law No. 2020-013 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS A. Southwestern Public Health – Healthy Community Partnership Council provided staff direction to proceed and continue with Healthy Community Partnership consideration of recreation master planning and recreation design standards. Council appreciates the merits of collective action. 14.1 In Camera Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an “In Camera” Session at 8:00 p.m. to discuss:  advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED A. Confidential Item regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Tribute Resource Inc.) 2020 Council Minutes February 20, 2020 9 14.2 Out of Camera Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Council do now rise from the “In Camera” session at 8:16 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-014 Being a by-law to confirm all actions of Council Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Confirming By-Law No. 2020-014 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 8:17 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, February 20, 2020 7:30 p.m. A. W. Anderson & P. Smith PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES SIGNED IN ATTENDEES: Wayne Anderson 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:30 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by W. Anderson & P. Smith 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 W. Anderson and P. Smith The purpose of the public meeting is to change the zoning regulations on 4,006 m2 (1 acre) parcel of land in the Estate Residential (ER) Zone to a site-specific Estate Residential (ER-XX) Zone, to permit development of an oversized accessory building in a required yard, in Zoning By-law Z456-2003. The subject lands are located on the west side of Plank Road, north of 5th Street, known as 9743 Plank Road. The effect of the by-law will be to allow for the erection of an oversized accessory building in the front yard and closer to the front of the lot than the dwelling for accessory residential use, primarily for the storage of vehicles and property maintenance equipment. 2 Statutory Planning Minutes February 20, 2020 5. PUBLIC PARTICIPATION Wayne Anderson outlined the site characteristics that necessitated the application and amendment. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Zoning By-law be considered at the meeting scheduled for March 5, 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application W. Anderson & P. Smith is now complete at 7:34 p.m. MAYOR CLERK NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: CORNELIUS AND HELENA REIMER, 56398 CALTON LINE 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, March 5, 2020 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Lower Level, Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is amendment to change the zoning regulations on 57.8 ha (143 acres) of land to allow supplementary farm dwelling floor area of 372 m2 (4,000 ft2) in up to two (2) mobile homes and one (1) permanent building to accommodate up to twenty-four (24) seasonal farm labourers, in Zoning By-law Z456-2003. The subject lands are located at 56398 Calton Line, north side, east of Plank Road. THE EFFECT of this By-law will be to recognize the existing supplementary farm dwelling and allow two additional supplementary farm dwellings with combined floor area exceeding the maximum of 167 m2 (1,800 ft2). 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 14th day of February 2020. 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 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: ISAAC MICHAEL AND ANNIE REIMER, 53714 HERITAGE LINE 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, March 5, 2020 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is amendment to change the zoning regulations on a 4,240 m2 (1 acre) parcel of land from Hamlet Residential (HR) and Agricultural (A1) zone to site-specific Hamlet Residential (HR-XX) and site-specific Agricultural (A1-XX) zone to permit accessory building floor area of 212 m2 (2,380 ft2) where the permitted maximum is 75 m2 (807 ft2) in the HR zone; to permit zero accessory building yard setback in the A1 and HR zone; to permit accessory residential use on lands in the Agricultural (A1) zone where there is no dwelling; and, to permit accessory building height of 6.7 m (22 feet) where the permitted maximum is 4.5 m (14.7 feet) in Zoning By-law Z456-2003. The subject lands are located at 53714 Heritage Line, north side, west of James Street. THE EFFECT of this By-law will be to fulfill conditions of consent to rezone the retained lands comprising existing oversized accessory building floor area in two garages and one barn, to recognize existing zero yard setback for the barn located in both zones, and to recognize the height of the barn in excess of the maximum permitted in the HR zone. 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 14th day of February 2020. Hamlet of Richmond 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 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: C.H.R. FARMS LTD., 56573 CALTON LINE 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, March 5, 2020 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is amendment to change the zoning regulations on 40 ha (100 acres) of land to allow supplementary farm dwelling floor area of 331 m2 (3,563 ft2) in portions of up to two (2) existing farm buildings to accommodate up to twenty-four (24) seasonal farm labourers, in Zoning By-law Z456-2003. The subject lands are located at 56573 Calton Line, south side, west of Plank Road. THE EFFECT of this By-law will be to recognize the existing supplementary farm dwelling in a portion of a farm building for up to eight (8) labourers; to permit second supplementary farm dwelling in the remainder of the same building for up to eight (8) labourers; and to permit a third supplementary farm dwelling in a portion of an adjacent farm building for up to eight (8) labourers, with combined floor area exceeding the maximum of 167 m2 (1,800 ft2). 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 14th day of February 2020. 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 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z701-2020 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: BORM, 7288 Richmond Road TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z701-2020 on the 20th day of February, 2020, 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 12th day of March, 2020 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 5.9 hectares (14.6 acres) of land from a site-specific Rural Industrial (M2-8) Zone and Agricultural (A1-A) zone to a modified site-specific Rural Industrial (M2-8) zone and holding site-specific Rural Industrial (M2-8(h6)) to permit site- specific industrial use (tool and die manufacturing) lot addition and to permit building additions by: revising Section 21.10.8.2 site-specific maximum lot area from 30,000 m2 to 60,000 m2; deleting Sections 21.10.8.3 site-specific rear yard setback; revising Section 21.10.8.4 site-specific north side yard setback by deleting 60.0 metres and replacing it with 40.0 metres; deleting Section 21.10.8.5 rear yard setback; and adding a new holding provision Section 3.3 f) to ensure public input on future building addition site plan applications and applying it to the undeveloped lot addition lands, in Zoning By-law Z456-2003. The subject lands are located at 7288 Richmond Road, east side, south of James Line. THE EFFECT of this By-law will be to: fulfill the conditions of consent to change the zoning of the lot addition lands consistent to the site-specific industrial use; modify the M2-8 zone to recognize the lot area; and to change the M2-8 zone regulations to allow a 1,772 m2 (19,073 ft2) building addition and to recognize location (reduced north lot line setback for future loading dock configuration) and floor area (increased lot coverage) of two future building additions. 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 21st DAY OF FEBRUARY 2020. NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at $300.00 by the Province of Ontario. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca ENBR'IDAE 603 Kumpf Orive Wat€rloo, Ontario N2J 4A4 February 19,2O2O Mayor Ed Ketchabaw Municipality of Bayham 56169 Heritage Line, PO Box 160 Shaffordville, ON NOJ 1YO Dear Mayor Ketchabaw and Members of Council, Re: Natural Gas Expansion Program Update In December 2019, the Government of Ontario announced its Dlans to further increase access to natural gas by making financial support available for new expansion projects. The Government's Natural Gas Expansion Program offers an opportunity to drive economic development and enhance the quality of life and prosperity of families and businesses across Ontario. As your Regional Director for Enbridge Gas lnc., l'm writing to provide an update on next steps, and how we can work together to bring natural gas to unserved communities in Ontario. Enbridge Gas will submit project proposals to the Ontario Energy Board (OEB) based on Guidelines that are currently under development. The OEB will review project submissions and provide a report to the Ministry of Energy, Northern Development and Mines later this year recommending potential natural gas expansion projects that the Ontario government could consider as candidates for financial support. The Ministry of Energy, Northern Development and Mines will review the recommendations of the OEB along with other considerations and issue a decision on future natural gas expansion projects eligible to receive financial support. Your municipality may have a project that you would like to submit for funding consideration. Based on Guidelines expected to be issued by the OEB, submissions will require certain information in order to be considered for funding. A summary of the expected filing requirements is included with this letter. lf you would like to move a project within your community fonrvard for consideration by the OEB, we ask that you provide a letter of support returned to us within 10-15 business days of receiving this letter. A sample letter of support is also included for your consideration. For more than 170 years, Enbridge Gas has been delivering the energy that Ontarians need and want. With our long history, anchored in our commitment to operational excellence and strong safety performance, Enbridge Gas is in the best position to bring natural gas to currently unserved areas. We have a number of expansion projects undeMay, and we are committed to building on this success. lf you have any questions, please do not hesitate to contact me or your Municipal Advisor, Brian Lennie, at brian.lennie@enbridge.com."xyM Murray Costello, P.Eng. Director. Southeast Ooerations Enbridge Gas Inc. 519-885-7425 murrav.costello@enbridoe.con Nicole Fernandes, P.Eng. Operations Manager Enbridge Gas Inc. Natural Gas Expansion Program – Anticipated Submission Requirements The province is helping expand natural gas access to more communities in Ontario through its Natural Gas Expansion Program. The Ontario Energy Board (OEB) has been directed to examine and report back to the Ministry of Energy, Northern Development and Mines on potential natural gas expansion projects to assist the provincial government in determining which future expansion projects will receive government funding. Enbridge Gas Inc. will submit project proposals to the OEB based on the OEB’s Guidelines, which are currently under development. Based on the draft Guidelines issued by the OEB (EB-209-0255), Enbridge Gas Inc. anticipates it will be required to include letters from the Band Council(s) and/or local government, as applicable, stating support for proposed projects and providing details of any commitment to financial support. Although Enbridge Gas Inc. is not currently aware of any requirement for municipal financial contributions to qualify for grant funding under the Natural Gas Expansion Program, the Company believes that a municipality’s contribution toward project costs (e.g., equivalent to the municipal portion of property taxes recovered on the new infrastructure being built for a period of 10 years) would demonstrate the community’s support for the proposed project. How this contribution is made is up to the discretion of the municipality or First Nation in consultation with Enbridge Gas Inc. Note: To support project economics, councils should understand that Enbridge Gas Inc. will apply a 23 cent/m³ System Expansion Surcharge to all customers connected through the proposed project for a defined period of time of up to 40 years as a contribution toward recovery of the cost of the proposed project. For Enbridge Gas Inc. to complete its submission to the OEB, we will be looking to gather the following information for proposed projects and may be seeking the municipality’s assistance: 1) Map of desired service area, including: a. Residential dwellings within the potential service area b. Commercial dwellings within the potential service area c. Industrial properties (excluding farms) within the potential service area d. Farms and agri-businesses (grain elevators, feed manufacturing, etc.) within the potential service area e. Institutional buildings (municipal facilities, schools, hospitals, etc.) within the potential service area 2) Information regarding the primary heating source in your community, including: a. Number of properties currently heated using electric baseboard b. Number of properties currently heated using electric forced air c. Number of properties currently heated with propane d. Number of properties currently heated with oil e. Number of properties currently heated with wood Project submission requirements have not yet been finalized by the OEB. We will notify municipalities if additional information is required for purposes of our submission to the OEB. Please send your information to your municipal advisor or savewithgas@enbridge.com. Request for Action We would like to bring your attention to the condition of Faye Street and Libby Avenue, as evident in the collage of pictures attached to this email, and make a formal complaint as to the poor condition of our streets. In the fall of 2019, the Municipality attempted to address our concerns by resurfacing the roads with a very thin layer of unpacked recycled asphalt. Unfortunately, the recycled asphalt laid down was easily scraped away by the snowplow equipment exposing t he original road base, which is nothing but pure mud. Based on the amount of traffic these roads receive from the sixteen property owners, the general public and the heavy garbage and service trucks, the roads are becoming a maintenance issue. Note that the frost was still in the ground when these photos were taken on February 18, 2020. Once the frost is gone the base of the roads will have no bearing capacity, creating even larger potholes and ruts. The poor grading and road construction is creating large areas of ponded water. This creates a hazard for both vehicular and pedestrian traffic and a potential liability to the municipality. It is our understanding that Faye and Libbye streets are the last publicly owned roads within the Village of Port Burwell that have NOT been paved. Although Bayham will not officially own the roads until early this spring, the roads have been maintained over the years by the municipality thinking they were part of their municipally-owned road network. With the recently approved infrastructure funding, we are asking that the municipality provide a permanent solution to the problem that can be implemented before the end of the year. We look forward to hearing back with your intentions on this matter. Sincerely yours, Barry Wade Susanne Schlotzhauer 1 Paul Shipway To:Earl Shea Subject:RE: ROAD Status From: Earl Shea <michearl@outlook.com> Sent: February 26, 2020 8:13 PM To: Paul Shipway <PShipway@bayham.on.ca> Subject: ROAD Status Paul Shipway ,CAO Clerk ,Municipality of Bayham Hi Paul...We wish to add comments to a recent Email ( 20 February 2020 ) forwarded to you from Barry Wade and Susanne Schlotzhauer. The correspondence involves the road conditions of Libbye Avenue and Faye Streets, which provide access to our residences from the adjoining neighbourhood area.. It also contains a number of photos which show numerous Pot‐ holes, ruts and excessive water/mud. Last Fall, a layer of recycled asphalt was applied ,however not rolled or compressed .It has resulted in having most of the product un‐intentionally removed by regular snow‐plowing. I have been in contact with Steve Adams, Public Works Operations Supervisor who has visited the area and reviewed the conditions . It is my understanding that Libbye and Faye are the only gravel/ non asphalt roads within the Village of Port Burwell. These roads have a long history within the community . An original Ontario Land Surveyor Plan 191, of December 18, 1903 shows these streets as part of the original Village. Over the years, Libbye and Faye have been maintained fully by the Municipality and provided access for Fire Prevention and including, ...water, gas and electrical services. We wish therefore that this correspondence be directed toward Council, to consider a remedy for these circumstances . We are requesting that the roads be paved/covered with asphalt as soon as possible. Thank you for your assistance. Earl and Micheline Shea. 5 Libbye Avenue, Port Burwell, ON. CC. Patrick and Nancy Shea. 6 Libbye Avenue Bryan Shea . 4 Libbye Avenue. Steve Adams. Municipality of Bayham. Sent from Mail for Windows 10 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-015 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE COUNTY OF ELGIN THE CORPORATION OF THE TOWN OF AYLMER THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH THE CORPORATION OF THE TOWNSHIP OF MALAHIDE THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN FOR COST RECOVERY FOR THE SERVICES OF ELGIN COUNTY TRAINING OFFICER WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, Chapter 4 as amended, sets forth the obligations of local municipalities for fire protection services; AND WHEREAS fire protection services includes, by definition fire prevention and fire safety education as well as the training of persons involved in provision of such services; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with the County of Elgin, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton/Dunwich, The Corporation of the Township of Malahide, The Corporation of the Township of Southwold, and The Corporation of the Municipality of West Elgin for cost recovery for the services of Elgin County Training Officer; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between the Municipality of Bayham and the County of Elgin, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton/Dunwich, The Corporation of the Township of Malahide, The Corporation of the Township of Southwold, and The Corporation of the Municipality of West Elgin for cost recovery for the services of Elgin County Training Officer; 2. 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 5th DAY OF MARCH, 2020. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020 - 016 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD MARCH 5, 2020 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 Council meeting held March 5, 2020 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 5th day of March, 2020. ____________________________ _____________________________ MAYOR CLERK