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HomeMy WebLinkAboutJuly 16, 2015 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA Thursday, July 16, 2015 MUNICIPAL OFFICE STRAFFORDVILLE, ONTARIO 7:00 p.m. 6:30 p.m. Committee of Adjustment 7:30 p.m. PUBLIC MEETING - Zoning - Gunstone PUBLIC MEETINGS - Drainage 8:00 p.m. Stewart Drain No. 1 8:15 p.m. - Peters Drain Branches Page 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 8 - 14 (a) 7:00 p.m. - Erie Shores Wind Farm - presentation by John Kirby and David Eva regarding a proposed expansion of the Wind Farm and introduction of the project 15 - 21 (b) 7:20 p.m. - Gord Bennett and Gord Bennett Sr. on behalf of the Rail Trail Committee regarding re-appointment of the committee 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) 22 - 33 (a) Regular meeting of Council held June 18, 2015 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1. Correspondence Page 1 of 334 2015 Regular Council Agenda July 16, 2015 Page 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 34 (a) Report BL-02/15 by Randy White, Fire Chief/By-law Officer re Prohibited Animal By-law Exemption 10. DEVELOPMENT SERVICES - SUSTAINABILITY AND CONSERVATION 10.1. Correspondence 10.1.1 Receive for Information 35 - 36 (a) Elgin County re Approval of Official Plan Amendment No. 15 37 (b) Revised Notice of Adoption of Community Improvement Plan 10.1.2 Requiring Action 10.1.3 PUBLIC MEETING (a) 8:00 p.m. - Stewart Drain #1 - to consider Spriet Associates Engineer's Report 208367 dated March 5, 2015 re-submitted May 28, 2015 10.1.4 Declaration of Pecuniary Interest and the General Nature Thereof Page 2 of 334 2015 Regular Council Agenda July 16, 2015 Page 10.1.5 Staff Presentation 38 - 39 (a) Report DS-40/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Stewart Drain No. 1 10.1.6 Public Comments 40 (a) Correspondence from Terry Pittao 10.1.7 Council Comments and Questions 10.1.8 Adjournment 10.1.9 Disposition of Item 10.1.10 PUBLIC MEETING (a) 8:15 p.m. - Peters Drain Branches - to consider Spriet Associates Engneer's Report 214226 dated May 28, 2015 10.1.11 Declaration of Pecuniary Interest and the General Nature Thereof 10.1.12 Staff Presentation 41 - 42 (a) Report DS-41/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Peters Drain Branches 10.1.13 Public Comments 10.1.14 Council Comments and Questions 10.1.15 Adjournment 10.1.16 Disposition of Item 10.2. Reports to Council Page 3 of 334 2015 Regular Council Agenda July 16, 2015 Page 43 - 46 (a) Report DS-42/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Petition for Drainage 47 - 65 (b) Report DS-15/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application - Gunstone 66 - 76 (c) Report DS-46/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Development Agreement - Gunstone 77 - 93 (d) Report DS-47/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site Plan Agreement - Corinth Mennonite Church, 54519 Eden Line, North Hall 94 - 104 (e) Report DS-48/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Subdivision Agreement - Stewart/ Steward Drain No. 1 105 - 118 (f) Report DS-49/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Application E42/15 Thompson/Sykes 119 - 134 (g) Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning Coordinator re Consent Application E45/15 Ringland 11. FINANCE AND ADMINISTRATION 11.1. Correspondence 11.1.1 Receive for Information 135 (a) Ontario Medal for Good Citizenship nomination information 136 - 141 (b) Ministry of Energy re local energy planning 142 - 143 (c) Walk with Me Networking Event information 144 - 146 (d) Museums Bayham minutes of meeting held June 10, 2015 147 (e) Capstone Power Development re Erie Shores Wind Farm 2 Public Community Meeting 148 - 149 (f) Habitat for Humanity re Homeownership Program 150 - 151 (g) Ontario Provincial Police re Commander of the Municipal Policing Bureau 152 - 154 (h) Municipality of Tweed Disaster Relief Committee re fundraising campaign Page 4 of 334 2015 Regular Council Agenda July 16, 2015 Page 155 (i) MSC July 2015 E-Letter 156 (j) Youth Opportunities Fund re Expression of Interest 157 (k) Ontario Energy Board Notice to Customers of Union Gas Limited A copy of the application in its entirety is available for viewing at the Municipal Office 11.1.2 Requiring Action 11.2. Reports to Council 158 - 159 (a) Report TR-11/15 by Lorne James, Treasurer re Municipal Auditor Appointment 160 - 162 (b) Report TR-12/15 by Lorne James, Treasurer re 2016 Budget Schedule 163 - 166 (c) Report TR-13/15 by Lorne James, Treasurer re 2015 Q2 Variance Report 167 (d) Report CAO-45/15 by Paul Shipway, CAO re Marriage Officiant Services 168 - 169 (e) Report CAO-46/15, by Paul Shipway, CAO re Straffordville Lions 170 - 176 (f) Report CAO-47/15 by Paul Shipway, CAO re Municipal Property Surplus Eden Community Centre Straffordville Community Centre 177 - 178 (g) Report CAO-48/15 by Paul Shipway, CAO re Port Burwell Library - Gazebo 179 - 192 (h) Report CAO-50/15 by Paul Shipway, CAO re Sidewalk Inventory - Assessment 193 - 194 (i) Report CAO-51/15 by Paul Shipway, CAO re Cenotaph 195 - 239 (j) Report CAO-52/15 by Paul Shipway, CAO re Advisory Boards & Committees 12. BY-LAWS 240 - 241 (a) By-Law Z640-2015 Being a By-law to further amend By-law Z456-2003 (Gunstone) 242 - 244 (b) By-Law 2015-065 Being a Provisional By-law to provide for drainage works known as Stewart Municipal Drain No. 1 245 - 247 (c) By-Law 2015-077 Being a Provisional By-law to provide for drainage works known as the Peters Drain Branches Page 5 of 334 2015 Regular Council Agenda July 16, 2015 Page 248 (d) By-Law 2015-078 Being a By-law to appoint a Municipal Auditor for the Municipality of Bayham 249 - 253 (e) By-Law 2015-079 Being a By-law to authorize the execution of an employment agreement with Marion Faith Rogers 254 - 258 (f) By-Law 2015-080 Being a By-law to authorize the execution of an employment agreement between the Municipality of Bayham and Jacqueline B. Ringland for Facility and Community Centre Management 259 (g) By-Law 2015-081 Being a By-law to amend By-law 2014-125 to establish and require the payment of fees for information, services, activities and use of municipal property 260 - 266 (h) By-Law 2015-082 Being a By-law to authorize the execution of a Development Agreement between Michael Gunstone and The Corporation of The Municipality of Bayham 267 - 275 (i) By-Law 2015-083 Being a By-law to authorize the signing of a Subdivision Agreement between John Stewart and The Corporation of The Municipality of Bayham for Drainage Work 276 - 287 (j) By-Law 2015-084 Being a By-law to authorize the execution of a Site Plan Agreement between Corinth Mennonite Church and The Corporation of The Municipality of Bayham 288 - 329 (k) By-Law 2015-085 Being a By-law to establish an advisory Board and Committee Policy 330 - 333 (I) By-Law 2015-086 Being a By-law to appoint Board and Committee Members 13. UNFINISHED BUSINESS 14. OTHER BUSINESS (a) In Camera (b) Closed session regarding a proposed or pending acquisition or disposition of land by the municipality or local board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose (c) Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL 334 (a) By-Law 2015-087 Being a By-law to confirm all actions of Council Page 6 of 334 2015 Regular Council Agenda July 16, 2015 Page 16. ADJOURNMENT (a) Adjournment Page 7 of 334 Ag. • 120 Adelaide Street West,Suite 1600 I eso Toronto,Ontario M5H 1T1 IndependentElElectricity T416-967-7474 y F 416-967-1947 System Operator www.ieso.ca Instructions for the Prescribed Form—Municipal Agreement Page i of i Mar 2015 IESORP/f-LRPIRFP-015r2 This page sets out the instructions for completing the Prescribed Form—Municipal Agreement. All capitalized terms used in these instructions and the Prescribed Form—Municipal Agreement,unless otherwise stated,have the meanings ascribed to them in the LRP I RFP. INFORMATION FOR THE SIGNING PARTIES: a. The purpose of this Prescribed Form is to confirm that a binding agreement was reached between the Local Municipality and the Registered Proponent pertaining to the Large Renewable Project.The terms of the agreement are not required to be disclosed in this document.The agreement may be used for the purposes of awarding Rated Criteria points under the LRP I RFP. INSTRUCTIONS APPLICABLE TO ALL PRESCRIBED FORMS: b. The first page of a Prescribed Form must be marked with the name of the Large Renewable Project that is the subject of the Proposal.The Registered Proponent should use the name given to the Large Renewable Project in the Prescribed Form- Registration Form. c. This instruction page is not required to be submitted with the Proposal. d. Information provided in each Prescribed Form should be consistent with the information provided in the Proposal. e. Where the Prescribed Form has multiple pages,the pages of the Prescribed Form should be kept together in the Proposal in sequential order. f. Where a blank field for a section/page reference is provided in a Prescribed Form,enter the section/page reference of the Proposal where the substantiating evidence for that particular item can be found. g. Apart from the completion of any blanks,drop down lists,check boxes or similar uncompleted information in a Prescribed Form,no amendments may be made to the wording of a Prescribed Form. h. Each Prescribed Form must be completed in its entirety.Fields marked<if applicable>must be completed if applicable to the Proposal.If not applicable,they should be marked"not applicable". i. If the signature of the Registered Proponent is required for a Prescribed Form,the Prescribed Form must be signed by a person with authority to bind the Registered Proponent. j. With the exception of this instruction page,instructions within a Prescribed Form will be enclosed in brackets. INSTRUCTIONS SPECIFIC TO THE PRESCRIBED FORM—MUNICIPAL AGREEMENT: k. An original ink signature must be provided on the Prescribed Form—Municipal Agreement included with the hard copy Proposal marked"Original Copy".For clarity,other than the Original Copy,any additional hard copies of this Prescribed Form must be signed but need not be originals(photocopies may be provided as well). 7:00 p.m. -Erie Shores Wind Farm-presentation by John Kir... Page 8 of 334 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 7:00 p.m. -Erie Shores Wind Farm-presentation by John Kir... Page 9 of 334 � �♦ 120 Adelaide Street West,Suite 1600 ij I eso Toronto,Ontario M5H 1T1 IndependentElElectricity T416-967-7474 y F 416-967-1947 System Operator www.ieso.ca Prescribed Form—Municipal Agreement Page 1 of 1 Mar 2015 IESORP/f-LRPIRFP-015r2 Name of the Large Renewable <insert name of Large Renewable Project> Project Renewable Fuel of the Large <select one> Renewable Project: Contract Capacity of the Large <insert the Contract Capacity of the Large Renewable Project in MW> Renewable Project<MW>: All capitalized terms not defined herein have the meanings ascribed to them in the LRP I REP; WHEREAS the Registered Proponent intends to submit a Proposal for a Large Renewable Project under the LRP I RFP; NOW THEREFORE: 1. The Registered Proponent acknowledges that it is proposing to develop,construct and operate a Large Renewable Project, with the characteristics outlined in the table above,under the LRP I RFP. 2. The Local Municipality of<insert name of the Local Municipality>acknowledges that it has entered into a binding agreement with the Registered Proponent in respect of the Large Renewable Project effective on the _day of 20 3. The Registered Proponent and the Local Municipality acknowledge that the binding agreement may be conditional only on the Registered Proponent being awarded an LRP I Contract for the Large Renewable Project. 4. The Registered Proponent and the Local Municipality acknowledge that the Registered Proponent's Proposal may be awarded Rated Criteria points by the IESO under the LRP I RFP where the Registered Proponent and every Project Community completes this Prescribed Form. 5. The Registered Proponent acknowledges that the binding agreement may not be used for the purpose of any other form of approval in relation to the Proposal or the Large Renewable Project or for any other purpose. Registered Proponent:<insert legal name of Registered Local Municipality:<insert legal name of the Local Municipality> Proponent> Signature: Signature: Name: Name: Title: Title: I have the authority to bind the Registered Proponent. I have the authority to bind the Local Municipality. Dated this_day of ,20_ Dated this_day of ,20 7:00 p.m. -Erie Shores Wind Farm-presentation by John Kir... Page 10 of 334 Off♦ c 120 Adelaide Street West,Suite 1600 I eso Toronto,Ontario M5H 1T1 IndependentElElectricity T416-967-7474 y F 416-967-1947 System Operator www.ieso.ca Instructions for the Prescribed Template—Municipal Council Support Resolution Page i of i Mar 2015 IESORP/f-LRPIRFP-013r2 This page sets out the instructions for completing the Prescribed Template—Municipal Council Support Resolution. All capitalized terms used in these instructions and the Prescribed Template—Municipal Council Support Resolution,unless otherwise stated,have the meanings ascribed to them in the LRP I RFP. INFORMATION FOR THE SIGNING PARTIES: a. The purpose of this Prescribed Template is to provide a template for a Local Municipality to provide support for a Large Renewable Project and/or proposed Connection Line which is proposed to be located in the Local Municipality.The support will be shown in the form of a resolution and which may be used for the purposes of awarding Rated Criteria points under the LRP I RFP. INSTRUCTIONS APPLICABLE TO THE PRESCRIBED TEMPLATE—MUNICIPAL COUNCIL SUPPORT RESOLUTION: b. This instruction page is not required to be submitted with the Proposal. c. Information provided in each Prescribed Template must be consistent with the information provided in the Proposal. d. Where the Municipal Council Support Resolution has multiple pages,the pages of the Municipal Council Support Resolution should be kept together in the Proposal in sequential order. e. Words in between square brackets(i.e."["and"]")are immaterial to the intent of the Prescribed Template and may be modified to follow standard procedure of the issuing body.Wording not contained within square brackets must not be changed for the Proposal to be awarded Rated Criteria points. f. The entirety of the Prescribed Template(all blanks)must be completed in order for the Proposal to be awarded Rated Criteria points,and the Prescribed Templates must be signed to be considered complete. g. With the exception of this instruction page,instructions within a Prescribed Template will be enclosed in brackets. h. An original ink signature must be provided on the Prescribed Template—Municipal Council Support Resolution included with the hard copy Proposal marked'Original Copy".For clarity,other than the Original Copy,any additional hard copies of this Prescribed Template must be signed but need not be originals(photocopies may be provided as well). i. The Local Municipality has the option of drafting the Prescribed Template—Municipal Council Support Resolution on the council letterhead.The language of the Municipal Council Support Resolution must be the same as shown in the Prescribed Template—Municipal Council Support Resolution in order for the Proposal to obtain Rated Criteria points.The IESO will not award Rated Criteria points if the resolution includes additional conditions or delegation of authority to staff for additional approvals. 7:00 p.m. -Erie Shores Wind Farm-presentation by John Kir... Page 11 of 334 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 7:00 p.m. -Erie Shores Wind Farm-presentation by John Kir... Page 12 of 334 � �♦ 120 Adelaide Street West,Suite 1600 ij I eso Toronto,Ontario M5H 1T1 IndependentElElectricity T416-967-7474 y F 416-967-1947 System Operator www.ieso.ca Prescribed Template—Municipal Council Support Resolution Page 1 of 2 Mar 2015 IESORP/f-LRPIRFP-013r2 Capitalized terms not defined herein have the meaning ascribed to them in the LRP I RFP. Resolution NO: Date: [WHEREAS]: 1. The Registered Proponent is proposing to develop,construct and operate a Large Renewable Project,with the characteristics outlined in the table below,under the LRP I RFP. Name of the Large Renewable <insert name of Large Renewable Project> Project: Registered Proponent: <insert legal name of the Registered Proponent> Renewable Fuel of the Large <select one> Renewable Project: Contract Capacity of the Large <insert the Contract Capacity of the Large Renewable Project in MW> Renewable Project<MW>: Description of the Properties within <insert the applicable description of the Site of the Large Renewable Project>(the"Lands") the geographic bounds of the Local Municipality on which the Site and/or Connection Line is located <PIN(s)(if a PIN is not available,use legal description),Grid Cell(s) and/or Waterpower Site Number>: 2. The Registered Proponent acknowledges that the Large Renewable Project and/or proposed Connection Line,either in whole or in part is to be located on lands under the jurisdiction of<insert name of Local Municipality>; 3. The Registered Proponent has requested that the council of<insert name of Local Municipality>indicate by resolution their support for the Large Renewable Project and/or proposed Connection Line on the Lands; 4. Pursuant to the LRP I REP,Proposals that receive the formal support of the local jurisdictional authorities of all the Project Communities in which the Large Renewable Project and proposed Connection Line are being located in the form of a support resolution will be awarded Rated Criteria points for the purpose of ranking the Proposal in relation to other Proposals for a contract under the LRP I RFP;and [NOW THEREFORE BE IT RESOLVED THAT]: 5. The council of<insert name of Local Municipality>supports the development,construction and operation of the Large Renewable Project and/or proposed Connection Line on the Lands. 6. This resolution's sole purpose is to enable the Registered Proponent to receive Rated Criteria points under LRP I RFP and may not be used for the purpose of any other form of approval in relation to the Proposal or Large Renewable Project and/or proposed Connection Line or for any other purpose. Rated Criteria points will be used to rank the Registered Proponent's Proposal in relation to other Proposals received by the IESO under the LRP I RFP. 7:00 p.m. -Erie Shores Wind Farm-presentation by John Kir... Page 13 of 334 � �j 120 Adelaide Street West,Suite 1600 I eso Toronto,Ontario M5H 1T1 Independent ElectricityT416-967-7474 p F 416-967-1947 System Operator www.ieso.ca Prescribed Template—Municipal Council Support Resolution Page 2 of 2 Mar 2015 IESORP/f-LRPIRFP-013r2 7. Though this resolution may impact the rank of the Registered Proponent's Proposal in relation to other Proposals received by the IESO,it does not guarantee a contract will be offered to the Registered Proponent under the LRP I RFP. [DULY RESOLVED BY THE LOCAL MUNICIPALITY] on the_day of ,20_ 1. Name: Title: Signature: 2. Name: Title: Signature: 3. Name: Title: Signature: 4. Name: Title: Signature: 5. Name: Title: Signature: <Signature lines for elected representatives.At least one signature is required.> 7:00 p.m. -Erie Shores Wind Farm-presentation by John Kir... Page 14 of 334 DELEGATION PRESENTATION TO TOWN COUNCIL FOR JULY 16TH,2015 Purpose of delegation:Council has decided to not Re-appoint the Rail Trail Committee. This details the work of the committee and the reasons to retain this committee. What has Committee done to date and when: 2015 London 31A Venturer Scouts chose the trail as their yearly environmental project (12 people volunteered their time and energy to clean up trash along trail and clear more than 1 kilometer of trail 8 feet wide,total hours: 220 hours) at NO COST to Township.(Attachment F) 2015 Eden Rail station found and pictures added to trail master map 2015 Otter Valley Rail Trail pamphlet created to promote trail use(Attachment A) 2015 research starts into history of trail 2015 Master trail map created showing trail from Port Burwell to Tillsonburg(Attachment B) 2015 Emails sent to Tom Southwick to spur a trail meeting 2015 Meeting request sent to Joe Stephenson for a trail committee meeting(no meeting held) 2014 Section of trail cleared between Port Burwell Bridge and Hwy 19 by contractor 2014 Committee members marked trees for trail clearing contractor 2014 CJDL Engineering from Tillsonburg approached to quote work for Trillium application 2014 Letter received from Municipality of Bayham on work to be done(Attachment C) Immediate plans for the trail(2015): -to finish cutting the remaining 200 meters of thick brush area near Martin's apple warehouse -to place a sign at the trailhead at Highway 19 with donation"tube"to start self funding efforts -to put in place initial signage(based on funds available)for trail usage at all trailheads -to print trail pamphlet and distribute to local businesses and tourist attractions near trail area -to request"seed"money to complete the above efforts 7:20 p.m. -Gord Bennett and Gord Bennett Sr. on behalf oft... Page 15 of 334 Why do we want to keep this committee alive? There may be the perception that"nothing" is going on with this trail. However,a lot of work is going on "behind the scenes",to research both the best way to make this trail useable and accessible to all members of the community.We have also researched the historical significance of this trail to the community and its residents. This trail committee has achieved a lot with very little in regards to resources,support or funding,which is contrary to the Official plan of the Municipality of Bayham(Attachment D). The community views this trail as one of the things they like about Bayham Township(Attachment E). This committee should be kept alive due the benefits that any and all trails provide to residents and tourists who want to explore this area,either on foot, bicycle or by horseback.This committee also serves to keep council aware of any issues that could be a potential risk to public safety related to the trail. Benefits of trails to the community and to residents? Judging by the wear of this trail,it is evident that this trail is widely and frequently used by many people. Trails provide an area of exercise for promoting public health through outdoor activity. Trails provide economic benefits for nearby businesses and services. Many nearby businesses and residents don't even know about this trail and it significance. Trails provide unique opportunities to learn about regional biology,to be used as environmental classrooms and to learn about the historic ties to this area. Trails have the power to connect us to our heritage by preserving historic places and providing access to them,they give people a sense of place and an understanding of enormity of past events. Historical significance of this trail to Bayham Township: Since surveyed by John Teall in 1894,this trail has been used for almost 100 years to fuel the growth of southwestern Ontario.As one of the oldest Rail Trails still in use in Ontario,and not re-purposed,we have a unique item to use and display to tourists and residents alike that are unaware of the local impact of this"trail". Vision of the committee for the future of this trail: The vision for this trail would be to:work with trail neighbours to continue cleanup efforts and to reduce trespassing,to expand the cleared areas,to introduce signage and interpretive panel signage to describe the history of the area the user is walking on. We also wish to work with local community sponsors to maintain the trail and to become self funded to reduce the burden from the municipality. 7:20 p.m. -Gord Bennett and Gord Bennett Sr. on behalf oft... Page 16 of 334 Attachment A: RAILWAY HIS 10RY PORT BBRW ELL STATION(LOOKING EAST) Aralway ine from Portfurwel to Tilsonhurg was only ' -V tea/_-aM C!_ Otter Valley Rail Trail a dream in the depression of 1175.It was the dream I _ Bringing History hack W Lk! and tireless drive eflohn Teall and William law to I I�" .�y make this railway a redity.And they did just that —.tl 1 intoe li11 a in In May1694 surveying began and infebruery189h the - - - -- two had the provincial approval to start and construe- - z I Ion started immediately,with the first trip made on TODAY_IN ALMOST THIS EXACT LOCATION rpt.. , iril December 11.1895.and regular service,twice daily. SRS THE SUBMARINE Innic s_OB&wA -. starting oeJan till I Two extentions of the ine were III ' built one in 1191 through Tilsonhurg and in19h1 to Ingersoll junction. j This in uld-use pathway(Sorry,Ho motorised Needing much needed expansion capitalthe line was � vehicles)starts in Port Burwell and continues all the than leased to the Canadian Pacific Railway so July E. lway to Tillso nb urg,Maintained by volunteers,this trail 1914for a mere 999 years! I re-traces the original path of the Tillsonburg,Lake CPR made improvements to the harbor and extending Erie and Pacific Railway originally built in 1016. the tracks further into the harbor wtdch allowed a deal As this trail is expanded,we expect to install gates and to be reached for the car carrier"Astaila"to carry intnrpredve panels.featuring history and pictures,at eoal from thin to Port Burwell hike daily.starting PLEASE DONATE TO HELP Juan E.1us,and continua(until Sept 16 1956 OUR VOLUNTEERS CLEAR important points eP interest along the trail. The CPR continued to use this raiway until tecoeeher AND MAINTAIN MORE TRAIL Use the trail at your own risk, 25,1987 when firms abandoned from Port 8urwel to I AREA. Tilsonhurg.The tracks and ovarpasses were removed I Please pack outall gerbage,and help by picking up any byl 9Nt from Port Burwell to soda of Tillsonburg.The l TRAIL CONTACT: garbage of others,you find on the trail, !Deis stil in use today hetween Tilsonhurg and Inger- GORD BENNETT sal. I, PHONE:519-874-4010 I Thanks for visiting and Enjoy the trail I . _..-- ------- -.._.._ PAMPHLET BF BENNETT GRAPHICS W VOLUNTEERS TRAIL(NFO: Many thanks to the trail committee This first section of this trail starts comprised of lust east of the Submarine(SEE YELLBW STAR UN 111WER LEFT CF Joe Stephenson MAP),under the bridge an Suhma- Gard Bennett Sr. riner's way and continues along the &g fitter Creek until it meets High- Save Ross war 19. Paul Ens i The second section of this trail Ray Talbot restates on the east side of High- ,19 and follows the ariginel Ton Southwick railw th under the bridet tri axle de YanceL"erwrtsli Olen Erie Road and levels off behind Martin's Apple farm Itishere I III. [tiHgickinsae where the railway siding used to Aha thanks to be,where rail cars were staged full • of coal(I H to 12 cars ata time)and 0, lard SennettJr. a fall train of tars assembled he- a list London Venturer Scott group fare leaving on its journey toward LEIs Tikonbarg. " TRAIN HEADING NO ✓J TOWARD HWY-19 The current trail ends at Teall K' (EAl"ER IN 1956) Nevi!road(SEE YEILGW STAR AT TIP RICHT BM MAP). • , r - - --- - -.1.,. -___ MORE TRAIL WILL BE MAINTAINED AND DEVELOPED:AS FUNDS ARE AVAILABLE PLE a.SE DONATE TO HELP US IMPROVE THIS TRAIL. 7:20 p.m. -Gord Bennett and Gord Bennett Sr. on behalf oft... Page 17 of 334 Attachment B:(reduced from actual size to fit on one sheet for this presentation) ak *air ... - '=a ax; 7 t. «r gtelOOM Litai 7:20 p.m. -Gord Bennett and Gord Bennett Sr. on behalf oft... Page 18 of 334 Attachment C: YH Municipality of Bayhaial G4°rnu,,3ty 1r•.. PO.Box 160,9344 PlankRoad, Rtraftrxrdv ifle,Ontario NOJ ITO '1e]:c5]9)&&5521 • Paac_(5f9)rsr 4 haryham@bayhaatoe.ce September 4,2014 Municipality of Bayhiam Otter Valley Trail Committee RE: RAIL TRAIL Please be advised as a result of a complaint and subsequent Municipal responsibilities under the Weed CarrtrOtAct R.S.O. 1090,CHAPTER W5 staff will be presenting Council with a revised work plan for the Rail Trail at the September 18,2014 meeting of Council. This correspondence is being sent to you because the ten thousand dollars($10.000)allocated to the Otter Valley Trail Committee is being proposed,by staff,to be reallocated to the Public Works Department to undertake the following works in the fall of 2014: 1) The Public Works Department shall mechanically out all vegetation in a twelve foal(12 ft)right- of-way from Teall Neville Road to the Bridge in Port Burwell. All trees less than six inches(e") in diameter or fess shall be removed and chipped in place, 2) A broad leaf plant specific spray Bili be sprayed along the length of the trail to minimize the amount of noxious weeds that return or seed. 9) The entire length of the trail shall be dragged with a trail groomer to establish an eight foot(8ft) wide trail surface. 4) Depending on budget allocation remaining one of the two following options will be pursued: a. Stop up and close the trail until the spring of 2018. b. Immediately place crushing fines on the trail to enhance the surface and place 'unmaintained recreational trail signage'throughout. 5) In 2015 budget permitting and at the discretion of Council,properway finding signage shall be placed thro rghoul the trail and a small parking area shall be established at the Teall Neville entrance of the trail. The Municipality has many responsibilities under the Weed Control Act and various Accessibility Regulations and staff are of the opinion that the process as outlined above will provide the greatest benefit to the future of the Rail Trail. Should you have any questions or comments,please return them to the undersigned via email prior to September 12,2014. I apologize for the tight deadlines however the Municipality is confined by the requirements of the Weed Control Act_ Re rds, Vance Czerwinski, _Sc Manager of Public'Narks vozerwi nski ebavham.on_cc 7:20 p.m. -Gord Bennett and Gord Bennett Sr. on behalf oft... Page 19 of 334 Attachment D: 5.2.12.2 It is the policy of this Plan to support and encourage the development of trails on both public and private lands for both pedestrian and other non-motorized forms of transportation which are aimed at promoting public health through outdoor activities. Through the review of the layouts of any such trails,the Municipality will consider the impact of the trail use on any neighbouring land uses,and Official Plan of the Municipality of Bayham Revised 2012 Page 5-4 may require site plan control to address such issues as landscaping and fencing to protect privacy and to discourage trespassing. Attachment E: Municipality of Bayham Economic Development Initiatives and Opportunities Plan September 2014 What do you consider to be Bayham's most important assets? Interviewees see a number of important assets in Bayham: ' Tourism assets including trails, nice people, the lake/waterfront, the Ojibwa submarine, marinas, campgrounds, a nice beach, and the Port Burwell harbour ' Proximity to St. Thomas and London 7:20 p.m. -Gord Bennett and Gord Bennett Sr. on behalf oft... Page 20 of 334 Attachment F: Left picture shows trail looking south from Glen Erie Line bridge,Right picture looking northbound J :4 ¢� ,:.? - 1\ , 01 1 F'fit, .- �, _�.- jE .,, t . 3 moi. `• . r i$ ' '. L.„, . , .'Y 7-,' .r :�.. .pry 7:20 p.m. -Gord Bennett and Gord Bennett Sr. on behalf oft... Page 21 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES Thursday,June 18,2015 MUNICIPAL OFFICE STRAFFORDVILLE,ONTARIO 7:00 P.M. Council recessed for a short break at 8:25 p.m.and reconvened at 8:35 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday,June 18,2015 in the Council Chambers. Present were Mayor Paul Ens,Deputy Mayor Tom Southwick,Councillors Randy Breyer,Wayne Casier and Ed Ketchabaw,CAO Paul Shipway and Clerk Lynda Millard. Deputy Clerk/Planning Coordinator Margaret Underhill and Treasurer Lome James were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST&THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA (a) Addendum Items • Report TR-10/15 by Lome James,Treasurer re Banking Services • Report CAO-42/15 by Paul Shipway,CAO re Facility Naming Sponsors • Report CAO-43/15 by Paul Shipway,CAO re Wind Interpretive Centre • Confidential report regarding personal matters about an identifiable individual, including municipal or local board employees • By-Law 2015-076,being a By-law to enter into an agreement for the provision of Banking Services 4. ANNOUNCEMENTS (a) Presentation of Ontario Fire Service Bars to District Chief Perry Grant and District Chief Tom Millard Fire Chief Randy White recognized District Chief Tom Millard with over 33 years of service and District Chief Perry Grant with over 46 years of service and presented a 30 Year Service Bar to District Chief Millard and a 40 year Service Bar to District Chief Grant from the Ontario Fire Services Long Service recognition program. (b) Councillor Ketchabaw announced there will be a Waste Oil Recycling and Battery Collection Day at Underhill Farm Supply,56532 Calton Line,July 11 from 8:00 a.m. - 12:00 p.m. (c) CAO acknowledged 35 years of service of Ed Bradfield,Public Works Operations Page 1 of 11 Regular meeting of Council held June 18,2015 Page 22 of 334 Council Minutes June 18,2015 Supervisor. 5. DELEGATIONS (a) 7:05 p.m.-Robert Foster,External Auditor,Graham Scott Emus to present Draft 2014 Financial Statements and Audit Findings Letter Moved by:Councillor Ketchabaw Seconded by:Councillor Casier THAT the Council of the Corporation of the Municipality of Bayham approve the 2014 Financial Statements; AND THAT staff be directed to post the final approved 2014 Financial Statements on the website; AND THAT the Mayor be authorized to sign the 2014 Audit Findings Letter; AND THAT the CAO and Treasurer be directed to sign the 2014 Management Representation Letter. CARRIED (b) 7:15 p.m.-Earl Shea on behalf of the Harbourfront Committee regarding the continued operations of the Harbourfront Committee as a Committee of Council Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT the Terms of Reference for the Harbourfront Committee be modified to remove staff attendance requirement at meetings; AND THAT the draft Terms of Reference be presented to Council for consideration at the July 16 meeting. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Regular meeting of Council held June 4,2015 Public meeting held June 4,2015(Proposed Community Improvement Plan) Public meeting held June 4,2015(Zoning Sandyshore Farms) Moved by:Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the minutes of the regular meeting held June 4,2015 and the two public meetings held June 4,2015 be adopted. Page 2 of 11 Regular meeting of Council held June 18,2015 Page 23 of 334 Council Minutes June 18,2015 CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION,CULTURE,TOURISM AND ECONOMIC DEVELOPMENT 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 9. PHYSICAL SERVICES-EMERGENCY SERVICES 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 10. DEVELOPMENT SERVICES-SUSTAINABILITY AND CONSERVATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report DS-36/15 by Bill Knifton,Chief Building Official,Drainage Superintendent re Peters Drain Branches Moved by:Councillor Casier Seconded by:Councillor Breyer THAT Report DS-36/15 regarding the Peters Drain Branches be received for information; THAT the Council of the Municipality of Bayham acknowledges the receipt of Report#214226 dated May 28,2015 for the Peters Drain Branches,as prepared by Spriet Associates,and filed with the Clerk on June 5,2015; THAT Council set a date for the Public Meeting to he held on July 16,2015 at 8:15 pm to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works,and in accordance with the Drainage Act. CARRIED (b) Report DS-37/15 by Margaret Underhill,Deputy Clerk/Planning Coordinator re Rezoning Application-Sandyshore Farms Ltd. Page 3 of 11 Regular meeting of Council held June 18,2015 Page 24 of 334 Council Minutes June 18,2015 Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT Report DS-37/15 be received for information; AND THAT Zoning By-law Z456-2003,as amended,be further amended by changing the zoning on the lands owned by Sandyshore Farms Ltd.,from the Agricultural(Al)Zone to site-specific Special Agricultural(A2-10)on the retained land and to Rural Residential(RR)on the severed land as subject to Consent Application E49/14; AND THAT Zoning By-law Z639-2015 be presented to Council for enactment. CARRIED (c) Report DS-38/15 by Margaret Underhill,Deputy Clerk/Planning Coordinator re Site Plan Agreement-Lighthouse Gospel Church Moved by:Councillor Casier Seconded by:Councillor Ketchabaw THAT Report DS-38/15 be received for information; AND THAT By-law No.2015-069,being a By-Iaw to authorize the execution of a Site Plan Agreement between Lighthouse Gospel Church Trustees and the Municipality of Bayham for development at the property known as 59 Victoria Street Port Burwell be presented for enactment. CARRIED (d) Report DS-39/15 by Margaret Underhill,Deputy Clerk/Planning Coordinator re Community Improvement Plan—Elgincentives Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick THAT Report DS-39/15 be received for information; AND THAT By-law No.2015-072,being a By-law to designate the entirety of the Municipality of Bayham as a community improvement project area and approve a community Improvement Plan as part of the Elgincentives Community Improvement Plan be presented for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION Page 4 of 11. Regular meeting of Council held June 18,2015 Page 25 of 334 Council Minutes June 18,2015 (a) Ministry of Transportation re Off-Road Vehicle use in Ontario (b) Municipality of West Elgin re Elgin-St.Thomas Municipal Association (c) Keep Hydro Public re resolution regarding the proposed privatization of Hydro One (d) Notice of Public Consultation re Canada 150 Fund (e) Town of Newmarket resolution re Community Mailboxes (I) Ministry of Environment and Climate Change re Source Protection Plan Information Bulletins Moved by:Councillor Casier Seconded by:Councillor Ketchabaw THAT correspondence items 11.1.1(a)-11.1.1(f)be received for information. CARRIED 1.2 REQUIRING ACTION (a) Memorandum regarding Straffordville Columbarium Request Moved by: Councillor Casier Seconded by:Councillor Ketchabaw THAT memorandum regarding Straffordville Columbarium Request be received for information; AND THAT the Council of the Municipality of Bayham supports the request from the Straffordville Cemetery Board to have a columbarium installed at the Straffordville Cemetery; AND THAT staff be directed to make the necessary arrangements including application to the Cemeteries Regulation Unit for the necessary approvals. CARRIED 2. REPORTS TO COUNCIL (a) Report CAO-35/15 by Paul Shipway,CAO re Encroachment By-Law Moved by:Councillor Casier Seconded by:Councillor Breyer THAT Report CAO-35/15 re Encroachment By-law be received for information; Page 5 of 11 Regular meeting of Council held June 18,2015 Page 26 of 334 Council Minutes June 18,2015 AND THAT the Council direct staff to bring forward the proposed Encroachment By-law for consideration. CARRIED (b) Report CAO-36/15 by Paul Shipway,CAO re Prohibited Animal By-Law Moved by:Councillor Casier Seconded by:Deputy Mayor Southwick THAT Report CAO-35/15 re Prohibited Animal By-law be received for information; AND THAT the Council direct staff to bring forward the proposed Prohibited Animal By-law for consideration. CARRIED (c) Report CAO-37/15 by Paul Shipway,CAO re RFP 15-01 Realty Services Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT Report CAO-37/15 re RFP 15-01—Realty Services be received for information; AND THAT the Council direct staff to bring forward a by-law to enter into a Realty Services Agreement with Morgan Realty Inc. CARRIED (d) Report CAO-38/15 by Paul Shipway,CAO re Edison Museum RFP Moved by:Councillor Ketchabaw Seconded by:Councillor Casier THAT Report CAO-38/15 re Edison Museum RFP be received for information. CARRIED (e) Report CAO-39/15 by Paul Shipway,CAO re Vienna Community Centre Accessibility Renovations Page 6 of 11 Regular meeting of Council held June 18,2015 Page 27 of 334 Council Minutes June 18,2015 Moved by: Councillor Ketchabaw Seconded by:Councillor Casier THAT Report CAO-39/15 re Vienna Community Centre Accessibility Renovations be received for information; AND THAT Council direct staff to proceed with tendering utilizing the Spriets Associates proposal; AND THAT funds for the project be allocated from the Enabling Accessibility Fund Grant,Vienna Community Centre Reserve and the Facility Reserve if required. CARRIED (f) Report CAO-40/15 by Paul Shipway,CAO re Green Energy Act Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT Report CAO-40/15 re Green Energy Act be received for information; AND THAT Council direct staff to publish Report CAO 40/15 inclusive of the Municipality of Bayham Conservation Demand Management Plan and 2013 Energy Consumption and Green House Gas Emissions Summary on the Municipal website in accordance with Ontario Regulation 397/11. CARRIED (g) Report CAO-41/15 by Paul Shipway,CAO re Railway Right-of-Way Moved by:Deputy Mayor Southwick Seconded by:Councillor Ketchabaw THAT Report CAO-41/15 re Railway Right-of-Way be received for information; AND THAT further blockade measures be referred to the 2016 Capital Budget; AND THAT staff be directed to investigate formalizing the portion of the railway right-of-way as a municipal highway,with the Town of Tillsonburg,which provides an access to a residential property. CARRIED (h) Report TR-10/15 by Lome James,Treasurer re Banking Services Agreement Page 7 of 11 Regular meeting of Council held June 18,2015 Page 28 of 334 Council Minutes June 18,2015 Moved by:Councillor Ketchabaw Seconded by:Councillor Breyer THAT Staff Report TR-10-2015 be received for information; AND THAT the Municipality of Bayham accepts the banking service proposal from RBC and authorize staff to execute all necessary documents and agreements to enter into 5 year banking agreement with RBC. CARRIED (i) Report CAO-42/15 by Paul Shipway,CAO re Facility Naming Sponsors Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier THAT Report CAO-42/15 re Facility Naming Sponsors be received for information; AND THAT the proposal of Cornerstone Sponsorship Management be referred to 2016 budget deliberations. CARRIED 0) Report CAO-43/15 by Paul Shipway,CAO re Wind Interpretive Centre Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier THAT Report CAO-43/15 re Wind Interpretive Centre be received for information; AND THAT staff be directed to place all retainable artefacts from the Wind Interpretive Centre at the Vienna Community Centre or Municipal Office; AND THAT staff be directed to immediately arrange for the demolition of the Wind Interpretive Centre with costs to come from the Facility Reserve. CARRIED 12. BY-LAWS (a) By-Law Z639-2015 Being a By-law to further amend By-law Z456-2003 (Sandyshore Farms Ltd.) (b) By-Law 2015-066 Being a By-law to authorize the execution of an agreement for the provision of yard maintenance associated with by-law enforcement (c) By-Law 2015-067 Being a By-law to authorize an agreement for the provision of Police Services for the Elgin Group Municipalities (d) By-Law 2015-068 Being a By-law to regulate encroachments on public lands Page 8 of 11 Regular meeting of Council held June 18,2015 Page 29 of 334 Council Minutes June 18,2015 (e) By-Law 2015-069 Being a By-law to authorize the execution of a site plan agreement with Lighthouse Gospel Church Trustees (f) By-Law 2015-070 Being a By-law to prohibit or otherwise regulate the keeping of certain animals within the Municipality of Bayham (g) By-Law 2015-071 Being a By-law to authorize the execution of a lease agreement in association with the property located at 6215 Plank Road (h) By-Law 2015-072 Being a By-law to designate the entirety of The Municipality of Bayham as a Community Improvement Project Area and approve a Community Improvement Plan as part of the Elgincentives Community Improvement Plan (i) By-Law 2015-073 Being By-law to authorize the execution of an encroachment agreement (j) By-Law 2015-074 Being a By-law to authorize the execution of an agreement for the provision of realty services (k) By-Law 2015-076 Being a By-law to enter into an agreement for the provision of Banking Services Moved by:Councilor Breyer Seconded by:Councillor Casier THAT By-laws Z639-2015,2015-066,2015-067,2015-068,2015-069,2015-070,2015- 071,2015-072,2015-073,2015-074 and 2015-076 be read a first,second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS (a) Councillor Casier requested and it was agreed that staff investigate an insulation and hot tar product to repair the roof of the Eden Area Community Centre and report back to Council (b) hi Camera Moved by:Councillor Casier Seconded by:Deputy Mayor Southwick THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole at 8:35 p.m.to discuss: • personal matters about an identifiable individual,including municipal or local board employees. CARRIED (c) Confidential report regarding personal matters about an identifiable individual, Page 9 of 11 Regular meeting of Council held June 18,2015 Page 30 of 334 Council Minutes June 18,2015 including municipal or local board employees(Cemetery Board) (d) Out of Camera Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier THAT the Committee of the Whole do now rise from the"In Camera"session at 8:50 p.m.with progress to report. CARRIED Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT staff be directed to draft a revised Cemeteries By-law to operate within the future municipal cemeteries staff structure; THAT staff be authorized to hire a contract Cemetery Caretaker,if needed; AND THAT staff report back to Council during 2015 on the same. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (a) By-Law 2015-075 Being a By-law to confirm all actions of Council Moved by:Councillor Casier Seconded by:Councillor Breyer THAT confirming By-law 2015-075 be read a first,second and third time and finally passed. CARRIED 16. ADJOURNMENT (a) Adjournment Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier THAT the Council meeting be adjourned at 8:52 p.m. CARRIED Page 10 of 11 Regular meeting of Council held June 18,2015 Page 31 of 334 Council Minutes June 18,2015 MAYOR CLERK Page 11 of 11 Regular meeting of Council held June 18,2015 Page 32 of 334 Regular meeting of Council held June 18,2015 Page 33 of 334 $AY - 9g REPORT �t FIRE DEPARTMENT o Apo uni Ie'10'�`t� t9 TO: Mayor&Members of Council FROM: Randy White, Fire Chief/By-law Officer DATE: July 16, 2015 REPORT: BL-02/15 FILE NO. C07 SUBJECT: Prohibited Animal By-law Exemption BACKGROUND: Early this year, Bayham implemented the prohibited animal by-law which replaced the previous exotic animal by-law. Rather than trying to list all species that are prohibited,the new format prohibits all animals other than exceptions listed in incorporated schedules.To include an animal not in the schedule,an application for exemption to the by-law must be presented. DISCUSSION: Marisa Zilli of Amazing Animal Tricks is a recognized studio animal trainer. Ms. Zilli is requesting an exemption to the by-law, pursuant to Section 5.1(j)of Municipality of Bayham By-Law 2015- 070, to allow her to keep a Brazilian Short-Tailed Opossum. She has provided information on the species including the fact that this animal meets the criteria for domestication. RECOMMENDATION 1. THAT Report BL-02/15 be received for information; 2. AND THAT Council grants an exemption to the Prohibited Animal By-Law for Marisa Zilli, allowing to keep the species Brazilian Short-Tailed Opossum as part of her business and educational work. Respectfully Submitted by: Reviewed by: Randy White Pa wa�a� Fire Chief/By-law Officer CAO Report BL-02/15 by Randy White,Fire Chief/By-law Officer re... Page 34 of 334 7.1.1.1:1111.1411111111" 1"-3°' -J ry RE. G E. V ED >S�N 8 2015 �IUNICIPAlITY OF BMW June 16, 2015 Lynda Millard, Clerk Municipality of Bayham P.O. Box 160, 9344 Plank Road Straffordvilfe, ON NOJ 1Y0 Subject: Approval of Official Plan Amendment No. 15 to the Municipality of Bayham Official Plan File No: BA-OPA15-15 In accordance with Section 17 (35) and 21 of the Planning Act, the above-noted Official Plan Amendment was approved on June 9, 2015. Attached please find a Notice of Decision which includes the purpose of the Official Plan Amendment and the last date for appeal. Yours truly, •46/7.6 ‘A.14' Steve Evans, Manager of Planning Enclosure cc: David Roe ,,,m;cirl : Administrative Services 450 Sunset Drive St.Thomas.ON N5R 5V1 Phone:519-631-1460 www.elgincounty.ca Pro resS€re:by Nat Int, Elgin County re Approval of Official Plan Amendment No. 15 Page 35 of 334 File No.: BA-OPA15-15 Date of Decision: June 9,2015 Municipality: Municipality of Bayham Date of Notice: June 16,2015 Subject Land: Part Lot 109,Concession 6,STR Last Date of Appeal: July 6,2015 53443 Heritage Line Applicant: Robert & Michele Deryk Farms Ltd. NOTICE OF DECISION With respect to an Official Plan Amendment Section 17(35)and 21 of the Planning Act Purpose and Effect of the Official Plan Amendment The purpose of this Amendment is to revise the policies of Section 2.1.7 of the Municipality of Bayham Official Plan as they relate to lot creation for a residence surplus to a farming operation. This Amendment is site-specific in nature which will add a new policy as subsection 2.1.7.5 to allow a residence surplus to a farming operation located in Part lot 109, Concession 6, STR to be severed whereas the primary residence is located in an adjacent municipality across the road. Decision On June 9, 2015, Elgin County Council approved Amendment No.15 to the Official Plan for the Municipality of Bayham as adopted by By-law No.2015-039 on April 2,2015. When and How to File an Appeal Who Can File an Appeal Any appeal to the Ontario Municipal Board must Only individuals, corporations or public bodies be filed with the County of Elgin no later than 20 may appeal the decision of the County of Elgin to days from the date of this notice as shown above the Ontario Municipal Board. A notice of appeal as the last date of appeal. may not be filed by an unincorporated association or group. However, an appeal may The appeal should be sent to the attention of the be filed in the name of an individual who is a Manager of Planning, at the address shown member of the association or group on its behalf. below and it must, No person or public body shall be added as a (1) set out the specific part of the proposed party to the hearing of the appeal unless, before official plan amendment to which the appeal the plan was adopted, the person or public body applies, made oral submissions at a public meeting or (2) set out the reasons for the request for the written submissions to the council, or, in the appeal,and opinion of the Ontario Municipal Board, there are (3) be accompanied by the fee prescribed under reasonable grounds to add the person or public the Ontario Municipal Board Act in the body as a party. amount of$125.00 payable by cheque to the Minister of Finance, Province of Ontario. Mailing Address for Filing a Notice of Appeal When the Decision is Final County of Elgin The decision of the County of Elgin is final if a Planning Department Notice of Appeal is not received on or before the 450 Sunset Drive last date for filing of a notice of appeal. St.Thomas, ON N5R 5V1 Other Related Applications:N/A Submit notice of appeal to the attention of the Manager of Planning. Getting Additional Information Additional information about the application is Telephone: (519)631-1460 available for public inspection during regular Fax: (519) 633-7661 office hours at the County of Elgin at the address noted below. Elgin County re Approval of Official Plan Amendment No. 15 Page 36 of 334 10, 1144 Municipality of Bayham Elgincentives ; Community hnpmvement Plan REVISED NOTICE OF ADOPTION PLANNING ACT REVISED NOTICE OF THE ADOLX' OF ° anity Is�n4 A COMMUNITY IMPROVEMENT PLANON IBY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. 2015-072 on the 18th day of June 2015 in accordance with Section 17 and 28 of the PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 20th day of July 2015 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE AND EFFECT of the by-law is to implement the Municipality of Bayham Elgincentives Community Improvement Plan. A community improvement plan is a planning document that sets out tools and strategies for improving the built, economic, and social environment in designated areas of a municipality. THE COMPLETE By-law and Municipality of Bayham Elaincentives Community Improvement Plan is available for inspection in the Bayham Municipal office during regular office hours and on the municipal website www,bavhcm.on.ce.The decision of the Municipality of Bayham is final if a Notice of Appeal is not received on or before the last date for filing of a notice of appeal. The Bayham Elgincentives Community Improvement Plan will come in to full force pending County of Elgin approval of Bayham Official Plan Amendment No. 16. ONLY INDIVIDUALS,CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Municipal Board.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 Ontario Municipal Board,there are reasonable grounds to add the person or public body as a party. The community improvement plan is exempt from approval under subsection 17(9)or(10)of the Act. THIS NOTICE REPLACES THE NOTICE PUBLISHED THE 24T"DAY OF JUNE 2015. DATED AT THE MUNICIPALITY OF BAYHAM THIS 30th DAY OF JUNE 2015. Margaret Underhill, Deputy Clerk/Planning Coordinator Municipality of Bayham Box 160,9344 Plank Rd Straffordville, ON NOJ 1Y0 Tel: 519-866-5521 *Fax: 519-866-3884 11) ir,eifellilitbay(Ihart3.i)rl.t i.;, Revised Notice of Adoption of Community Improvement Plan Page 37 of 334 latix}1441- REPORT ,11„ DEVELOPMENT SERVICES Mt. Op �'� n>itity Isco TO: Mayor&Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: July 16,2015 REPORT: DS-40/15 FILE NO.C-07/E09 SUBJECT: STEWART DRAIN NO.1 BACKGROUND: The purpose of this report is to hold a Public Meeting to consider Spriet Associates Engineer's Report#208367 received from Spriet Associates dated March 5, 2015, re-submitted May 28, 2015 and filed with the Clerk on June 17,2015. On December 11, 2008 the Clerk received a Petition for Drainage Works from John Stewart. On December 18, 2008 Council appointed Spriet Associates to prepare a report under the Drainage Act,for consideration of drainage for the affected lands known as Part Lots 21 and 22, Concessions 8 and 9. On March 19, 2015 Council decided to proceed with Notices under the Drainage Act and directed the Clerk to mail a Notice of Public Meeting to all interested parties. On April 2, 2015 a public meeting was held to consider the report. Following that meeting notices of a Court of Revision were mailed out to the landowners in the drains watershed.The clerk received two appeals of assessment from landowners. Due to the impending conflict at the scheduled Court of Revision, the petitioner requested the meeting be cancelled.The Engineer was directed by the petitioner to redesign the drain to avoid the lands of the property owners who had appealed their assessments. On June 17, 2015 the clerk received a revised report from Spriet Associates noted as the Stewart Drain No. 1,job number 208367 and re-submitted date May 28,2015. A Notice of Public Meeting dated June 24,2015, pursuant to Chapter D17, Section 41 of the Drainage Act was prepared; and this Notice confirmed that the Municipality will hold a Public Meeting on Thursday July 16,2015 at 8:00 p.m. to consider the proposed construction of the drainage works known as the Stewart Drain No.1.The Notice of Public Meeting and a copy of the Engineer's Report were mailed to: Report DS-40/15 by Bill Knifton,Chief Building Official,Dr... Page 38 of 334 RECOMMENDATION 1. THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report#208367 dated March 5,2015 and re-submitted on May 28, 2015 referred to as the"Stewart Drain No.1"report; 2. THAT Provisional By-law#2015-065 be given first and second reading; 3. THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46(2)of the Drainage Act; 4. AND THAT a date of August 20,2015 at 8:00 p.m. be set for the first sitting of the Court of Revision." Respectfully Submitted by: Bill Knifton Chief Building Official 7. Administrator Drainage Superintendent Report DS-40/15 by Bill Knifton,Chief Building Official,Dr... Page 39 of 334 R ECE VEP To the members of the Bayham town council JUL 1 0 2015 Regarding the construction and maintenance of the Stuart Drain#1 project. MUNICIPALITY OF BAYHAM Unfortunately, I am out of town on the date of this meeting and cannot attend.I do have questions though that I hope to get answered. If I read the current proposal correctly,there will be no charges levied on me for the construction of the drains.Please confirm. Is does appear that in the opinion of the surveyor,I will be responsible for maintenance. I would like to know what the estimated cost would be. Looking at old tax bills and assessment's,I do not see where I am held responsible for the Bently drain? Why the change? I have talked to a neighbour that lives on the Eden line by the otter creek.Asked him if when the drainage was rebuilt the drainage system was rebuilt there whether he received notices similar to this.He stated he did not.He was unaware of any maintenance charges for the drains installed there. Please advise, Is it a normal function to have landowners pay for installation&maintenance of specific/ undesired drains?I find no evidence supporting this. Regards, Terry 56768 Eden Line Eden,On. Correspondence from Terry Pittao Page 40 of 334 g,AY REPORT i "ii DEVELOPMENT SERVICES � - 110 C S r6 6Ap� al"II-unity z TO: Mayor&Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: July 16, 2015 REPORT: DS-41/15 FILE NO.C-071E09 SUBJECT: PETERS DRAIN BRANCHES BACKGROUND: The purpose of this report is to hold a Public Meeting to consider Spriet Associates Engineer's Report#214226 received from Spriet Associates dated May 28, 2015 and filed with the Clerk on June 17, 2015. On August 18, 2014 the Clerk received a Petition for Drainage Works from James Crane. On August 21, 2014 Council appointed Spriet Associates to prepare a report under the Drainage Act,for consideration of drainage for the affected lands known as Pt. Lot 5, Concession 9. On June 18,2015 Council decided to proceed with Notices under the Drainage Act and directed the Clerk to mail a Notice of Public Meeting to all interested parties.A Notice of Public Meeting dated June 24, 2015, pursuant to Chapter D17, Section 41 of the Drainage Act was prepared; and this Notice confirmed that the Municipality will hold a Public Meeting on Thursday July 16, 2015 at 8:15 p.m.to consider the proposed construction of the drainage works known as the Peters Drain Branches.The Notice of Public Meeting and a copy of the Engineer's Report were mailed to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works,or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d)The Director, of the Ministry of Agriculture, Food and Rural Affairs. Pursuant to Section#42 of the Drainage Act, Council of the initiating municipality shall give an opportunity to any person to withdrawal from the petition, sign the petition or speak to the Report DS-41/15 by Bill Knifton,Chief Building Official,Dr... Page 41 of 334 matter. If,at the end of such Council meeting,the petition contains a sufficient number of names to comply with Section#4,the Council may proceed to adopt the report by giving two readings by Council to the Provisional By-law and set the date for the first sitting of the Court of Revision. In addition, any owner of land assessed for maintenance or repair may appeal from the assessment contained in the Peters Drain Branches report#214226,which was served upon them by regular mail on June 24,2015. DISCUSSION: Following the engineer's presentation at the Public Meeting, landowners and all other affected parties are given the opportunity to voice their concerns relating to any aspect of the report. If for any reason the report should be reconsidered, Council may refer the report back to the engineer. In addition landowners in the area requiring drainage shall be given an opportunity to withdraw or add their names to the petition.This shall include affected Municipalities if their lands or roads are within the area requiring drainage. If the petition does comply with Section 4, Council may proceed to adopt the report by giving two readings to the attached Provisional By-Law. RECOMMENDATION 1 THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report#214226 dated May 28, 2015, referred to as the"Peters Drain Branches"report; 2. THAT Provisional By-law#2015-077 be given first and second reading; 3. THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46(2)of the Drainage Act; 4. AND THAT a date of August 20,2015 at 8:15 p.m. be set for the first sitting of the Court of Revision." Respectfully Submitted by:dNA Bill Knifton �� / Pa ip Chief Building Official Administra or Drainage Superintendent Report DS-41/15 by Bill Knifton,Chief Building Official,Dr... Page 42 of 334 $AY REPORT DEVELOPMENT SERVICES _ 40, a�po�'turni is o� ty TO: Mayor&Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: July 16,2015 REPORT: DS-42/15 FILE NO.C-07/E09 SUBJECT: PETITION FOR DRAINAGE BACKGROUND: This report is to present Council the Petition filed with the Clerk,of the Municipality of Bayham, on June 24, 2015.The petition is for a drainage works for lands owned by Kathryn De Fauw, being Pt Lot 3, Concession 3. Section 4(1)of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners,as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners,as shown by the last revised assessment roll, of lands in the area representing at least 60%of the hectarage in the area; (c) Where a drainage works is required for a road of part thereof,the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61(5); (d) Where a drainage works is required for the drainage of lands used for agricultural purposes,the Director. The Drainage Act provides that Council must give consideration to the petition and,within thirty days(Section 5.1.a)of the filing, decide whether or not it will proceed. If Council decides not to proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed,or if Council does not act on the petition within 30 days. It may be difficult for Council to make a decision on the validity of the petition as it is based on definition of the"area requiring drainage". Initially,the petitioner(s)define this area on the petition they submit, however the area must be defined by an engineer at the"on-site meeting" to determine the validity of the petition. Report DS-42/15 by Bill Knifton,Chief Building Official,Dr... Page 43 of 334 If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16): (a) each petitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food&Rural Affairs. The Municipality must appoint an engineer within sixty days(Section 8.3)of giving notice to proceed. The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work,the engineer is to file said report within six(6)months (Section 39.1)of the appointment. Following the appointment the engineer must(Section 9.1)cause the Municipal Clerk to send a written notice,specifying the time and place of an"on-site meeting".The notice must be served seven days prior to the proposed site meeting. DISCUSSION: Kathryn De Fauws lands are being flooded from the adjacent lands to the west of her property. There was never a problem until after her neigbour tiled his field and outleted the tiles to her property. Her lands require drainage with a legal outlet RECOMMENDATION 1. THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Kathryn DeFauw; 2. THAT Report DS-42/15 regarding the petition for drainage and for drainage improvement be received; 3. AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers,to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1)of the Drainage Act,for Council's consideration. Respectfully Submitted by: Bill Knifton %�p Chief Building Offi ial /Administra or Drainage Superintendent Report DS-42/15 by Bill Knifton,Chief Building Official,Dr... Page 44 of 334 odry} rf INinistry ofAgdculture, Petition for Drainage Works by Owners f 11,x1 10 Food and Rural Affairs Form i Drainage Act,R.S.O.1990,c.D.17,clause 4(1)(a)or(b) This form Is to be used to petition municipal council fora new drainage works under the Drainage Act It Is not to be used to request the Improvement or modification of an existing drainage works under the Drainage Act. To: The Council of the Corporation of the )mil Nt C,RAL 1 f of '3A.--t Fq The area of land described below requires drainage(provide a description of the properties or the portions of properties that require drainage Improvements) LT 3 c,:J 3 HAS R FACE N a Co K t n1 C- FCE.u,� ;2 dFEY_T`j EY r i'rL..av0tfvG, o r fL.cHa0 12 .t L L5 IEGAL DRAtr-A-G,EC�i t LET in accordance with section 9(2)of the Drainage Act,the description of the area requiring drainage will be confirmed or modified by an engineer at the on-site meeting. As owners of land within the above described area requiring drainage,we hereby petition council under subsection 4(1)of the Drainage Act for a drainage works.In accordance with sections 10(4),43 and 59(1)of the Drainage Act,if names are withdrawn from the petition to the point that it is no longer a valid petition,we acknowledge responsibility for costs. Purpose of the Petition(To be completed by one of the petitioners Please type/print) Contact Person(Last Name) (First Name) Telephone Number D� Y A U A-r iq S(p_$74 ext 4e, Address Road/Street Number Road/Street Name 531613 , V t ErlN,A- L(nt . Location of Project Lot [Concession 1Municipality I Former Municipality(if applicable) i'i,L�- 3 -3 A-A-I t-t IJ What work do you require?(Check all appropriate boxes) ❑Construction of new open channel Al Construction of new tile drain Deepening or widening of existing watercourse(not currently a municipal drain) ❑Enclosure of existing watercourse(not currently a municipal drain) ❑Other(provide description♦) Name of watercourse(if known) Estimated length of project General description of soils in the area What Is the purpose of the proposed work?(Check appropriate box) ❑Tile drainage only Surface water drainage only ❑Both Petition filed this Z.4' day of ,20 L Name of Clerk(Last,first name) Signature \ a.c. A 44-6, 0173E(2012/08) a Queen's Printer for Onleno,2012 Disponible en franca's Page 1 Report DS-42/15 by Bill Knifton,Chief Building Official,Dr... Page 45 of 334 Property Owners Signing The Petition Page of Your municipal property tax bill will provide the property description and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • in urban areas,the property description should be in the form of street address and lot and plan number if available. • If you have more than two properties,please take copy(ies)of this page and continue to list them all. Number Properly Descption 1 -71. (—Of —5 Colt/ 3 Ward or Geographic Township Parcel Roll Number A-•1 !`h C —OJ e —07 000—0000 I hereby petition for drainage for the land described and acknowledge my financial obligations. nership Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) 'DE FA J w k.,AT1 ieV ❑ Partnership(Each partner in the ownership of the property mus sign petition form) Owner Name(Last,First Name)(Type/Print) 'Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description Ward or Geographic Township Parcel Roll Number I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑Sole Ownership Owner Name(Last,First Name)(Type/Print) J Signature I Date(yyyy/mmldd) ❑Partnership(Each partner in the ownership of the property must sign the petition form) II Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) ❑Check here if additional sheets are attached Clerk initial Petitioners become financially responsible as soon as they sign a petition. - Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,e,D.17 subs.8(1). • After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). • After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineers report.Drainage Act,R.S.O.1990, c.D.17 s.43. • If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,e.D.17 s.61. Notice of Collection of Personal Information Arty personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,o.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs,1 Stone Rd W,Guelph ON N1G 4Y2,519 826-3552. 0171E(2012I08) Report DS-42/15 by Bill Knifton,Chief Building Official,Dr... Page 46 of 334 -oxYHtitivz „sulky% REPORT oA yonSO DEVELOPMENT SERVICES pntunfty Is TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: July 16,2015 REPORT: DS-45/15 FILE NO. C-07/D13.GUNSTONE Roll#3401-000-003-00800 SUBJECT: Rezoning Application—Gunstone File: D14.GUNS Public Meeting July 16,2015 at 7:30pm BACKGROUND: Michael Gunstone submitted a rezoning application to rezone his property located at 7787 Gregson Road in Concession 5 North Part Lot 7. A public meeting is scheduled to be held on July 16, 2015 at 7:30pm. THE PURPOSE of this By-law is to change the zoning on an existing lot measuring approximately 0.17 hectares(0.41 acres)in area,from the Agricultural(Al)Zone to the site-specific Agricultural (A1-29) Zone in Zoning By-law Z456-2003. The subject lands are located on North Part Lot 7, Concession 5, known municipally as 7787 Gregson Rd. THE EFFECT of this By-law will be to permit a mobile home as a primary residential dwelling. DISCUSSION: The Owner is applying for the rezoning to permit the placement of a mobile home to be used as a primary dwelling on an agricultural parcel. The zoning by-law prohibits the use of a mobile home as a primary dwelling on agricultural parcels. Mobile homes are permitted for primary use in mobile home parks. See the planner's memorandum dated June 29, 2015 that provides an analysis of the application. Given the location and unique circumstances surrounding this application, staff and planner recommend the Owner rezone the property to the Al(h2/h3)Zone,which places Holding provisions on future long term development at the property and the surrounding area. Staff and the planner also recommend the Owner enter into a Development Agreement that lists one(1)mobile home as a permitted interim use and includes clauses restricting the tenancy of the mobile home to ensure the intent is to allow the current owner to reside and not abused by Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 47 of 334 Staff Report DS-45/15 Gunstone 2 any future owners or tenants of the property. Further details of the Agreement are discussed in Staff Report DS-46/15. Based on the circumstances of this development,staff and planner recommend approval of the rezoning subject to the approval of the development agreement as discussed. ATTACHMENTS: 1. Rezoning Application June 17, 2015 2. Draft Zoning By-law Z640-2015 RECOMMENDATION 1. THAT Report DS-45/15 be received for information; 2. AND THAT Zoning By-law Z456-2003,as amended, be further amended by changing the zoning on the lands owned by Michael Gunstone, identified as 7787 Gregson Road,from the Agricultural(Al)Zone to Agricultural [A7(h2/h3)]Zone; 3. AND THAT Zoning By-law Z640-2015 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: //7, 7// Marga t Underhill �" `'whip 40...- Deputy Clerk/Planning Coordinator CAO Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 48 of 334 of MUNICIPALITY OF BAYHAM 41r- `I"'``^ P.O.Box 160 1 Straffordville,Ontario /14 NOJ 1Y0 ppOitunity woo- Phone(519)866-5521 Fax(519)866-3884 APPLICATIO FOR AMENDMENT TO THE yy i THE MUNICIPALITY OF BAYHAM Onr/M./rr �iv7.r This application must be filed with the Planning Coordinator/Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000. If the application is not completed in full, the application will be returned. DEC E I V E n JUN 17 20th NIUHI1 IPAl.ITY of RAYHAlVi •1 I/WE, I ichae �,(,,/��'TG�I '> shall assume responsibility for any additional costs exceeding the deposit amount related to the said application and understand and agree that at for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. 4:44a, 4r. Property Owner Property Owner • FOR OFFICE USE ONLY 4//##3 /-DGAJ—00 �J —OOFQO DATE RECEIVED: /i}• AMOUNT RECEIVED: I OcoWI PC+2.0?307 FILE NO: L U OS DATE ADOPTED BY COUNCIL: c-DeBM-ed ..,t ji i e pl y//d cJ aail y i ta. -7::31,• c t: Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 49 of 334 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name: Mich9ei n6 Li ] Address: 6e SGY) goad, ra rd10/ Ile 1Di t", /19.7- Phone No.(Home): 1) J i. Business: j!1) Gt1 Fax: ji / & Email: Lot and Concession(if applicable): lO rltess/ /1 5, P'k)(4.1") Poi 4- Lo- Are there any other holders of mortgages,charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 1 _ jELLEN 1-11 x0 2. Applicant/Authorized Agent:�Jum l�Gf� LrnC��S - / Address: eld Si- 710in a S El sin Vh.�-0LAi0 LD v L Telephone No.: 61`l 1o3l q3•50 Fax: 4--rhuyA x 412-4- ( r). 1)54 - Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent (.-I.'''. 3. Legal Description of the land for which the amendment is requested:Roll# 34b/oopo Soo k Concession: --44-g Lot: N o r- Pc Lc 7 Reference Plan No: Part Lot: Street and Municipal Address No.: 7 78 7- Ro 3 c11 ,f-ra F-orc1 o i l 1 e What is the size of property which is subject to this Application? Area: 01-0 m2 Frontage: 106.16 m Depth: 50 . 3 m When were the subject lands acquired by the current owner? Nakura geseru0 v ilrec, c- se_b 4. Existing Official Plan Designation: it ..1^ t4e s 1 Sr1 i �F;pari f- wDocil ands u cr How does the application conform to the OfficialPlan? 'Wesiheli . ckkn L Use 6-n a l r1Cit 1vopeh1 Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 50 of 334 Municipality of Bayham Zoning By-law Amendment Application Page 3 5. Existing Zoning By-law Classification: i-)C V1( u +U ra J L P(G A J Kei t,_L ct± i dr) -, • What are the current uses of the subject lands? -Resicicryha& use If known,provide the length of time these uses have continued on this property. l f B fetAJes If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback Shed E ` 10 If known,provide the dates in which each of these buildings were constructed. (Af\ k n O tA: 6. What is the Nature and Extent of the Rezoning? (I mobile home is brni p posted k be 1) icc.�.zcf o� cin.�e Io in pIctce a, jre i shn h;ch sealed as a. hom& 4 , pree. iSHn s cft'f teas e.s-hroLie cd as c_re I+o F -P,re 7. Why is the rezoning being requested? i5 ai l r, .nS ane -ID become. housed in - =arci b f s c, e on his pet:Fe/L-1-1j , Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 51 of 334 Municipality of Bayham Zoning By-law Amendment Application Page 4 8. Does the proposed Zoning By-law amendment implement a growth boundary adjustment of a settlement area? If so,attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? ('JO If so,attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested(i.e.permitted uses, buildings or structures to be erected.(Be Specific) For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback CI-LA-LL 1S 11. Services existing or proposed for the subject lands:Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ) ( ) Private Dug Well ( ( ) Communal Well ( ) ( ) Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 52 of 334 Municipality ofBayham Zoning By-law Amendment Application Page 5 Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day,the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not,where can they be found? Storm Drainage Provisions: �C y C.1 n a Proposed Outlet: �►T.� ‘171-0--; 12. Row will the property be accessed? Provincial Highway( ) County Road( ) Municipal Road—maintained all year(j" Municipal Road—seasonally maintained( ) Right-of-way( ) Water( ) If access is by water,do the parking and docking facilities exist,and what is the nearest public road? Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 53 of 334 Municipality of Bayham Zoning By-law Amendment Application Page 6 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision( ) Consent( ) Zoning By-law Amendment( ) Ministers Zoning Order( ) If yes to any of the ove,indicate the file number and status of the application. 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 1 sI denhal ase On resi cierrha1 rDperfy 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes,does the proposed amendment conform to the Provincial Plan(s)? 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; ✓ • the location,size and type of all existing and proposed buildings and structures,indicating their setbacks from all lot lines,the location of driveways,parking or loading spaces, landscaping areas,planting strips,and other uses; Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 54 of 334 Municipality of Bayham Zoning By-law Amendment Application Page 7 the approximate location of all natural and artificial features(buildings,railways,roads, watercourses,drainage ditches,banks of rivers or streams,wetlands,wooded areas,wells and septic tanks)that are on the subject lands,adjacent to the subject lands,or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; a the location,width,and name of any roads within or abutting the subject land,indicating where it is an unopened road allowance,a public traveled road,a private road,or a right- of-way; • the location of the parking and docking facilities to be used(if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St.Thomas Health Unit,Long Point Region Conservation Authority and Ministry of Transportation(if applicable). (e) If a private sewage system is necessary,pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council on lite 14-,2,01 o b on n iI e rc e n e LD n Qui n#- ee icxn C©nse r ocl cn D r i hi) in s e c- -d a.nci OdLisc1] she hCLCJ no 'issues mDbi pa .-Va efl'e 20. If this application is to accommodate the consent of a surplus farm dwelling,please provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number cation,and zoning of the farm parcel with which the subject lands is being consolidated. Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 55 of 334 Of£ie;£l Pim Amendment Application Page 8 I/WE, �1Chge) t ,y'LLn S 4o ne ,of the 1 � of Da ,in the County of RYS /'1 ,do solemnly declare: (i) that I/We am/are the owner(s)of the lands described above (ii) that to the best of my/our knowledge and belief,all of the info>tnation and statements given in this application and in all exhibitstransmitted are true. E (iii) that I/we hereby appoint k-ii dj&rk I mars _ to,act tats an Agent on my/our behalf in all aspects of this application. Ellen /mo'1 i h uk:ci- And I/We make this solemn declaration conscientiously believing it to be true,and knowing that it is of the same force and effect as if made under oath,and by virtue of the "Canada Evidence Act". DECLARED BEFORE Mi at the ) .Ar_ ;/ :.v-t it rhanicipilliof A _. C ) ) Owner/ gent in the County/Region of Nall ,till;f ,0 day of f '. ,20! ) ‘41.P ) V Owner/Agent'j�Lfcc i I,l, 3 ...e1 ..r . A Co missioner,etc. OP, i/ MARGARET UNDERHILL,a Commissioner,ete. igr = Deputy Clerk of the Corporation of the -4 4-7 Meeicipllty of$. ea yln . 0 e-1(-e.41- -141‘C/L6e'/C1 Word/Forms/Planning 2006 Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 56 of 334 Ivor+h %� , Lv� 5�h 00nePssion,Twns h i o P 361-"u ham c, M i M i O J p .67 A�5 trl :). /bdSfn �S �yrr� m ,e0 �� Pro 0 In ___ _ f os d Mobpe Halle 2 a _ tb o vs N U er9.oj66.7,�,n a in Q I J 18 676.5' ct Gre9so __� r�- n Lil 0 ST.THOMAS—ELGIN ONTARIO WORKS /mew423 Talbot Street St.Thomas,OntarioII 111111 141 N5P 1C1n 'I HP.CA IRPIRATIL)\1 ih nu-c;pl u. ST. THOMAS June 16,2015 TO WHOM IT MAY CONCERN: Mr.Gunstone is a 48 year resident at 7787 Gregson Road,Straffordville in the Municipality of Bayham. To say Mr. Gunstone is a proud Bayham resident would be understating the fact. In every conversation with Mike he has vehemently proclaimed that the property at which he resides has been in his family for three generations and he will never leave. It is his birthright and he cannot imagine a more ideal place to live. Mike is largely financially independent, only accessing assistance when in desperate need when he has no alternative financially. He consistently finds employment the old fashioned way;by networking with neighbors, people in the community and knocking on doors. He has worked in tobacco,demolition,construction,janitorial, poultry processing and general labor jobs his entire life. Mike is extremely resourceful and will find his way to work whether by hitch hiking,riding a bicycle no matter the distance,getting rides with neighbors going into town or driving when he has access to a vehicle which is not usually the case. His work ethic when faced with so many barriers is impressive as well as his willingness to help those in the community whom he knows. The most recent fire that destroyed Mike's home was devastating to him. Mike leads a simple life;he enjoys his home, his natural surroundings and catching up with neighbors and friends when they drop by. The fire has resulted in Mike living in a shed on his property which remained after the fire. When visiting Mike and discussing options, his aspirations for a home are modest; a small building in which to live. Thus far, the area has been cleared of the debris and remnants of the fire by Mike himself and professionally by Steve Lamers. The Home Repair Program provides funding for low-to-medium income property owners to assist with the cost of essential home repairs in order to maintain housing or prevent homelessness. The ultimate goal of the program is to improve the household's living conditions. In Michael's case,as there is no structure to repair,St.Thomas-Elgin Ontario Works would be assisting in obtaining a modest structure to replace the previous dwelling. Please see the attached pictures regarding the unit under consideration. It is CSA approved and would be moved to Mike's property and installed with large cement cinder blocks. It is Mike's wish to remain at his home on Gregson Road in Straffordville. He takes great pride in the history of the property and in the community in which he lives. It is our hope that we can help Mike to achieve that goal by providing guidance and direction through the proper municipal channels that are required and necessary in order to find solutions to his current housing situation and ultimately help him achieve a sustainable housing option. Jf;y Berkelmans Supe.' or—Employment&Income Support ! Hickey Housing Programs Coo ator Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 58 of 334 Addendum to Letter dated: June 15,2015 It is important to note that this mobile home has not been purchased. We have negotiated a price which includes delivery and set up,however;seller is not holding the home for us. The purchase of this mobile home is contingent on the approval of the rezoning application. Unfortunately,there are not many reasonably priced homes available;therefore time is of the essence. It is imperative that we have a decision as soon as possible in order to secure this purchase. We also understand that this may be precedent setting. We,however,are sure you will understand that this is a unique situation. Due to a fire,which was of no fault to Michael,he is looking to replace his preexisting home with an affordable solution. Michael has limited resources available to him. Along with Michael,we have explored all other possible options and this was the only economical solution available while complying with municipality requirements. N4yG Ellen Hickey Jody Berkelmans Jl m 18 CU15 ltlll ffiklITY OF-0t.1 iM Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 59 of 334 '� = e. ..a, ',.,_:':_ff!,l' ': i O0• kA • • i q3 i;7, •••• •. gR J - E r�� 1\; a4 '') Fb t [a 0 i . , r E Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 60 of 334 II a • • .17 • fsi p 7 • m 7! i4 0 }I v i r 4°- 1 • . I . C l • y _ c�W+ 11 N 8 Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 61 of 334 Ir. 1 IBI GROUP B 203-350 Oxford Street West I 1 n 0 1 tel519 472 328 fax 519 472 9354 I ibigroup.com Memorandum To/Attention Municipality of Bayham Date June 29,2015 From Derek Dudek,MCIP,RPP- Project No 3404-598 Associate cc Subject Michael Gunstone-Application for Amendment to the Zoning By-law- Part Lot 7,Concession 5-7787 Gregson Road 1. We have completed our review of an Application for Amendment to the Zoning By-law, submitted on behalf of Michael Gunstone,for a property located on Part Lot 7,Concession 5,on the northwest side of Gregson Road,south of Light Line,and known municipally as 7787 Gregson Road.The applicant is requesting site-specific rezoning to permit a mobile home to be placed on the property as a primary dwelling.The subject lands are designated "Natural Heritage"on Schedule A Land Use,further clarified as"Significant Woodlands"and "Hazard Lands"shown on Schedule A2 Constraints in the Official Plan of the Municipality of Bayham. The lands are zoned Agricultural(A1)in Zoning By-law Z456-2003. 2. The subject lands are a 1678 m2(0.4 acre)triangular parcel of land characterized by a cleared area on the edge of a large woodlot that borders the Big Otter Creek. The application proposes to permit the establishment of a mobile home as a primary dwelling, due to the loss of the formerly existing single-detached dwelling by fire. The surrounding land uses are a mixture of large agricultural uses and large woodlots in all directions. The applicants have indicated that the Long Point Region Conservation Authority has no issue with the proposed placement of the mobile home on the property. 3. Section 4.8.1.c)of Zoning By-law#Z456-2003 states that mobile homes are prohibited for residential use in all areas of the Municipality unless explicitly listed as a permitted use(ie.in a mobile home park). Section 4.51 of Zoning By-law#Z456-2003 states notwithstanding other provisions in the by-law,any buildings or structures destroyed by fire may be replaced to the same dimensions or in the same site. However,this addresses matters of non- conforming uses and non-complying yard regulations;and does not adequately address the proposed situation whereby a mobile home is proposed to replace a single-detached dwelling due to economic hardships associated with the fire. 4. The most appropriate course of action in such situations based on past experience is to permit the use of a mobile home on a temporary basis until such time as a permanent home can be constructed. Temporary zones for this type of use could be permitted for up to three (3)years at a time,with up to 3 year extensions being granted ad infinitum,thereby allowing the Municipality to address the situation on a continual basis for appropriateness. However, it is our understanding that this course of action may not be appropriate given that the agency assisting with the rezoning application have indicated no future funding will be available to assist with future temporary zoning by-law amendment renewals;and that any costs associated with renewal of a temporary zone may be prohibitive for the landowner. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 62 of 334 IBI GROUP MEMORANDUM 2 Municipality of Bayham—June 29,2015 5. Given the location and unique situation,the most appropriate course of action may be to add a holding provision to the current Al zoning,which,as per Section 8.16.3.2 of the Official Plan,allows the Municipality to provide for interim permitted uses which may be compatible with surrounding land uses. Furthermore by adding the appropriate"h2"zone symbol which is intended to ensure orderly development,the Municipality can enter into a development agreement to address matters relating to long term development of the lands. In addition, the Municipality should add the"h3"zone symbol given that the lands are located in the "Natural Heritage"designation and would require proof that there will be no negative impacts on the significant woodlands or their ecological functions as a result of any permanent future development on the subject lands. 6. As such,based on our review of the circumstances surrounding this development we would recommend that the applicants rezone their property to the Al(h2/h3)Zone,and that the Municipality require an agreement that lists one(1)mobile home as a permitted interim use, and that includes appropriate clauses related to the tenancy of the mobile home to ensure that the intent to allow the current owner to reside in a mobile home is not abused by any future owners or tenants of the subject lands. -74 IBI GROUP Derek Dudek,MCIP,RPP Associate Consulting Planner to the Municipality of Bayham Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 63 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z640-2015 GUNSTONE BEING A BY-LAW TO AMEND BY-LAW No.7.456-2003,AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No.Z456-2003,as amended; THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No.7 by removing from the Agricultural(Al)Zone and adding to the Agricultural[holding] (Al[h2/h3])Zone,which lands are outlined in heavy solid lines and marked Al[h2/h3]on Schedule "A"to this By-law,which schedule is attached to and forms part of this By-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time;or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST AND SECOND TIME THIS 16th DAY OF JULY 2015. READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JULY 2015. MAYOR CLERK Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 64 of 334 1 5EE SCHEDULE A-MAP No.9 SEE SCHEDULE A. I MAP No.5 y I SEE SCHEDUD - 1 I MAP RICHMOND J L - I - _ _ �7"4'. � �' - I 11 I LOT 109 LOT OM i .t. a i . _I - I I'j \ 1 i . ,:r eF g� - �' -.. -- ` I:_. y '• 01 112 I +~ I I R r - LP 113 LOT 115 LST 116 L01 117 I � I,'I ` y�3 )TJTHOF LOT 1114 I f I TALBOT v t . . 1E19 - �� r ......� { y4 I N CON F co If J ( ` T, J • i y ,LOT I i'..,.i;. _ t_. �I•J A I- !1 a i t I h� t DoT2 1 I ': ..,,,... ;, _• ,1 -9 r: '1:131,3• _ ` � ' - li. Ir io n 1 LOT 4 I '' I f! ° �' m l� I`LOT5 3 W in LO T n i �" r :A1(h21h3} - LOT e • y r If ,-I '% ?�, __I L E {I SEE SCHEDULE A-MAP No.10 n SEE SCHEDULE G- MAP%ALTON 4' r1 MUNICIPALITY OF BAYHAM Legend, SCHEDULE A O 26 LA (_' LP RCA Regulation U it 9 166 466 BW MAP No.7 Report DS-15/15 by Margaret Underhill,Deputy Clerk/Planning... Page 65 of 334 15XY11444-4 -7113Pr:'d',11AR REPORT 0 DEVELOPMENT SERVICES 4)", `4Ptunity 19.1 TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: July 16,2015 REPORT: DS-46/15 FILE NO. C-07 I L03.GUNSTONE Roll#3401-000-003-00800 SUBJECT: Development Agreement—Gunstone BACKGROUND: Michael Gunstone submitted a rezoning application to rezone his property located at 7787 Gregson Road in Concession 5 North Part Lot 7. As recommended by staff and the planner, a Development Agreement has been drafted addressing items regarding the placement of a mobile home as a primary residence at the property. DISCUSSION: As discussed in planner's memorandum dated June 29,2015, it is recommended the Owner enter in to an Agreement with the Municipality listing criteria and restrictions surrounding the use of the one(1)mobile home as a primary dwelling as related to the rezoning of the property. The draft Agreement has been reviewed by the Owner's representatives and explained fully to the Owner,who is in agreement with the contents. The Agreement is to be registered on title to the subject lands once executed. Based on the circumstances of this development,staff and planner recommend approval of the development agreement as it relates to the rezoning of the property to permit one(1)mobile home as a primary residence. ATTACHMENTS: 1. Draft By-law 2015-082 with Development Agreement as Attachment"A" 2. IBI Memorandum dated June 29, 2015 Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 66 of 334 Staff Report DS-46/1S Gunstone-Agrmt 2 RECOMMENDATION 1. THAT Report DS-46115 be received for information; 2. AND THAT By-law 2015-082, being a By-law to authorize the execution of a development agreement between Michael Gunstone and the Municipality of Bayham be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margar Underhill P. It ipw.. Deputy Clerk/Planning Coordinator CAO Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 67 of 334 =''.1 1BI GROUP I B 203-350 Oxford Street West I London 1T3 tel 519 472 328fax 519 472 9354 J ibigroup.com Memorandum TolAttention Municipality of Bayham Date June 29,2015 From Derek Dudek,MCIP,RPP- Project No 3404-598 Associate cc Subject Michael Gunstone-Application for Amendment to the Zoning By-law- Part Lot 7,Concession 5-7787 Gregson Road 1. We have completed our review of an Application for Amendment to the Zoning By-law, submitted on behalf of Michael Gunstone,for a property located on Part Lot 7,Concession 5,on the northwest side of Gregson Road,south of Light Line,and known municipally as 7787 Gregson Road.The applicant is requesting site-specific rezoning to permit a mobile home to be placed on the property as a primary dwelling.The subject lands are designated "Natural Heritage"on Schedule A Land Use,further clarified as"Significant Woodlands'and "Hazard Lands"shown on Schedule A2 Constraints in the Official Plan of the Municipality of Bayham. The lands are zoned Agricultural(A1)in Zoning By-law Z456-2003. 2. The subject lands are a 1678 mz(0.4 acre)triangular parcel of land characterized by a cleared area on the edge of a large woodlot that borders the Big Otter Creek. The application proposes to permit the establishment of a mobile home as a primary dwelling, due to the loss of the formerly existing single-detached dwelling by fire. The surrounding land uses are a mixture of large agricultural uses and large woodlots in all directions. The applicants have indicated that the Long Point Region Conservation Authority has no issue with the proposed placement of the mobile home on the property. 3. Section 4.8.1.c)of Zoning By-law#Z456-2003 states that mobile homes are prohibited for residential use in all areas of the Municipality unless explicitly listed as a permitted use(ie.in a mobile home park). Section 4.51 of Zoning By-law#Z456-2003 states notwithstanding other provisions in the by-law,any buildings or structures destroyed by fire may be replaced to the same dimensions or in the same site. However,this addresses matters of non- conforming uses and non-complying yard regulations;and does not adequately address the proposed situation whereby a mobile home is proposed to replace a single-detached dwelling due to economic hardships associated with the fire. 4. The most appropriate course of action in such situations based on past experience is to permit the use of a mobile home on a temporary basis until such time as a permanent home can be constructed. Temporary zones for this type of use could be permitted for up to three (3)years at a time,with up to 3 year extensions being granted ad infinitum,thereby allowing the Municipality to address the situation on a continual basis for appropriateness. However, it is our understanding that this course of action may not be appropriate given that the agency assisting with the rezoning application have indicated no future funding will be available to assist with future temporary zoning by-law amendment renewals;and that any costs associated with renewal of a temporary zone may be prohibitive for the landowner. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 68 of 334 IBI GROUP MEMORANDUM 2 Municipality of Bayham—June 29,2015 5. Given the location and unique situation,the most appropriate course of action may be to add a holding provision to the current Al zoning,which,as per Section 8.16.3.2 of the Official Plan,allows the Municipality to provide for interim permitted uses which may be compatible with surrounding land uses. Furthermore by adding the appropriate"h2"zone symbol which is intended to ensure orderly development,the Municipality can enter into a development agreement to address matters relating to long term development of the lands. In addition, the Municipality should add the"h3"zone symbol given that the lands are located in the "Natural Heritage"designation and would require proof that there will be no negative impacts on the significant woodlands or their ecological functions as a result of any permanent future development on the subject lands. 6. As such,based on our review of the circumstances surrounding this development we would recommend that the applicants rezone their property to the Al(h2/h3)Zone,and that the Municipality require an agreement that lists one(1)mobile home as a permitted interim use, and that includes appropriate clauses related to the tenancy of the mobile home to ensure that the intent to allow the current owner to reside in a mobile home is not abused by any future owners or tenants of the subject lands. ?-4 77,-44 IBI GROUP Derek Dudek,MCIP,RPP Associate Consulting Planner to the Municipality of Bayham Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 69 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-082 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN MICHAEL GUNSTONE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 34.(16)of the Planning Act,R.S.O. 1990 c P.3 as amended provides in part that a Council may pass a zoning by-law to require the Undersigned Party of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS Section 36.(1)of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Council may in a by-law passed under section 34, by the use of the holding symbol"H"(or"h") in conjunction with any use designation,specify the use to which lands,buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law; AND WHEREAS Section 8.16.1.5 of the Official Plan of the Municipality of Bayham provides that conditions may be applied to lands prior to the removal of a holding zone symbol regarding the development of the land; AND WHEREAS the Municipality of Bayham has approved Zoning By-law Z640-2015 whereby changing the zoning on an existing lot measuring approximately 0.17 hectares (0.41 acres) in area from Agricultural (Al)Zone to the Agricultural[Al(h2/h3)]Zone known municipally as 7787 Gregson Road located on Part Lot 7 Concession 5; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Agreementwith Michael Gunstone affixed hereto and forming part of this By-law and marked as Attachment"A" READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 16'h DAY OF JULY 2015. MAYOR CLERK Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 70 of 334 1 ATTACHMENT"A"to By-law 2015-082 DEVELOPMENT AGREEMENT BETWEEN MICHAEL GUNSTONE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 7787 Gregson Road, Part Lot 7,Concession 5 Municipality of Bayham Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 71 of 334 2 THIS AGREEMENT made in duplicate this 16th day of July 2015. BETWEEN: MICHAEL GUNSTONE Hereinafter called the"UNDERSIGNED PARTY" OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Undersigned Party is the Current Owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lot 7, Concession 5, more particularly described in Attachment"A" attached hereto(and hereafter referred to as the"Lands"); AND WHEREAS the Undersigned Party intends to locate one (1) mobile home as a permitted interim use in accordance with the Conceptual Site Plan attached hereto, as Attachment"B"(and hereafter referred to as the "Plan"); AND WHEREAS the Municipality, as per the Holding Provision, requires the Undersigned Party to enter into a Development Agreement for the placement of a mobile home on the said Lands; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Undersigned Party hereby covenants and agrees with the Municipality as follows: 1. The Undersigned Party agrees that one(1)mobile home as a permitted interim use shall be located on the Lands in general accordance with the area identified on the Plan. 2. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire Chief, may,from time to time,and at any time,enter on the premises of the Undersigned Party to inspect the mobile home for the purposes of ensuring public health and safety, in specific regards to condition of the mobile home;fire protection;the provision of potable water;and the proper treatment and disposal of sewage. 3. At such time as a permanent dwelling is constructed on the said Lands, the Undersigned Party shall remove the mobile home from the Lands within 60 days of issuance of an occupancy permit by the Chief Building Official for such dwelling; Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 72 of 334 3 4. The Undersigned Party to this Agreement shall permit the mobile home on the Lands to be occupied by only the Undersigned Party and shall not be rented,leased,transferred or assigned to any other persons; 5. The Undersigned Party further agrees that: a) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. b) upon failure by the Undersigned Party to do any act identified herein, that the public safety or convenience requires, in accordance with this Agreement,upon seven(7)days written notice,the Municipality, in addition to any other remedy, may go in and do same at the Undersigned Party's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. c) nothing in this Agreement constitutes waiver of the Undersigned Party's duty to comply with any by- law of the Municipality or any other law. 6. The Undersigned Party shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 7. In the event of any servant,officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory,such servant,officer or agent shall forthwith,forward notice of such opinion, by registered mail, to the Undersigned Party, at the last known address, and the Undersigned Party shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 8. In the event that the Undersigned Party should disagree with the opinion of the servant,officer or agent of the Municipality,as to the state of maintenance,such Undersigned Party shall appear before the Council of the Municipality of Bayham, which after hearing the Undersigned Party, shall express its opinion as to whether the maintenance is satisfactory, by resolution,which shall constitute a final determination of the matter. 9. In the event that an Undersigned Party shall fail to correct a deviation or deficiency after notice or after notice of an opinion,which the Council of the Municipality of Bayham determines is correct,the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Undersigned Party, after two(2)week's notice, to it by registered mail, at the last known address of the Undersigned Party, pursuant to the last revised assessment roll of passage of such By-Law, that such matter or thing be done by the Municipality,at the expense of the Undersigned Party,which expense may be recoverable by action as municipal taxes. 10.This Agreement and the provisions thereof,do not give to the Undersigned Party or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Undersigned Party to perform or fully perform any of its obligations under this Agreement or any negligence of the Undersigned Party in its performance of the said obligations. Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 73 of 334 4 11.The Undersigned Party agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Undersigned Party in any case. 12.The Undersigned Party agrees on behalf of themselves,their heirs,executors,administrators and assigns, to save harmless and indemnify the Municipality,from all losses,damages,costs,charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Undersigned Party, pursuant to this Agreement. 13.All facilities and matters required by this Agreement shall be provided and maintained by the Undersigned Party at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality,the provisions of Section 326 of The Municipal Act, R.S.O. 1990,shall apply. 14.This Agreement shall be registered at the expense of the Undersigned Party, against the land to which it applies,and the Municipality shall be entitled,subject to the provisions of The Registry Act,to enforce its provisions against the Undersigned Party, named herein. IN WITNESS WHEREOF,the Parties hereto have hereupon,affixed their Corporate Seal,duly attested to by their authorized signing officers in that behalf. 4(0/41' • MICHAEL GUNSTONE Witness(sit trg ) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MAYOR CLERK Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 74 of 334 1 ATTACHMENT'N Roll#3401-000-003-00800 Legal Description: Concession 5, North Part Lot 7. Municipality of Bayham, County of Elgin Municipal Address: 7787 Gregson Road PIN# Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 75 of 334 2 ATTACHMENT 1B' Site Plan Report DS-46/15 by Margaret Underhill,Deputy Clerk/Planning... Page 76 of 334 latocHA-4 .. 4 .... ,,. -116- ok REPORT o 40.4 jo. DEVELOPMENT SERVICES poniity Igo TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: July 16,2015 REPORT: DS-47/15 FILE NO. C-07/D10.CMC Roll#3401-000-005-02320 SUBJECT: Site Plan Agreement—Corinth Mennonite Church,54519 Eden Line,North Hall (D11.CMC) BACKGROUND: A site plan control application was received on July 6,2015 and deemed complete July 8,2015 from Corinth Mennonite Church for their property located at 54519 Eden Line, North Hall. The application proposes an addition of a used portable classroom building measuring 71.3 m2 (768 sq.ft)to the west of the existing church for the purpose of a meeting/teaching room. The subject land is designated "Hamlets" in the Official Plan and zoned Institutional(I)in the Zoning By-law Z456-2003. DISCUSSION: Staff reviewed the final site plan drawing and approve of the drawing details.The owners have reviewed the site plan agreement and agree to it being presented for Council consideration. Based on the review, the site plan approval application and accompanying final drawing received on July 6,2015,staff concur that it meets the intent of the Official Plan,the requirements of the Zoning By-law. The attached site plan agreement is the municipality's standard site plan agreement and includes the site-specific development drawing. Staff recommends approval of the site plan agreement as presented. ATTACHMENTS 1. Site Plan Application 2. Draft By-law 2015-084 Site Plan Agreement attached. Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 77 of 334 Staff Report DS-47/15 Corinth Mennonite Church 2 RECOMMENDATION 1. THAT Report DS-47115 be received for information; 2. AND THAT By-law No.2015-084,being a By-law to authorize the execution of a Site Plan Agreement between Corinth Mennonite Church and the Municipality of Bayham for development at the property known as 54519 Eden Line, North Hall be presented for enactment. Respectfully Submitted by: Reviewed by: � ‘///, Margar: Underhill / Depu Clerk/Planning Coordinator CAO Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 78 of 334 3(H A FILE No. 54q—S---/-5.--- f. ► REC'D:_ ././y °Puo ,~ DATE APPLICATION CON ID RED ''unity Ys' COMPLETE: FEE RECEIVED:$ 000"' MUNICIPALITY OF BAYH .1k1 ,96t way SITE PLAN APPROVAL APPLICA1:ON FORM The undersigned hereby request the Municipality of Bayham to consider a Site Plan Control application pursuant to Section 41 of the Planning Act on the lands hereinafter described. This application is accompanied by a fee of$500($250 fee+$250 deposit for properties with accumulative building area of 150 m2 or less)01 $2000)1000 fee&$1000 deposit for accumulative building area 151 m2 or greater)by callii or cheque made payable to the Municipality of Bayham. 1.BACKGROUND INFORMATION /,/��/ a) Applicant's Name !�e r.5 S lith.€r /Liar? a er Applicant's Mailing Address S 4 a a 61'f c. Telephone Number Si 9--9%6--59f1 F x hI tuLci evil 599 ,F57j 958 b) Registered Owner((ii�other f of an applicant) LQr/n'.h1 Owner's Address 54.519 Coit."-rr L,,,,a Telephone Number 3.--/9`&'6G-,383 Fax Number c) Location of Subject LanTd� P011 3 Ik j-000_ 00. _ 3?-0 Lot Number(s) / Plan No.or Concession Part Number(s) Reference Plan // _ 4,23_ 911 Address(if any) Sys/5 EES, /A e The subject land is located on the 541,..dik side of L,,,Q._ between 1I8 °r and /I l2 791.s- d) 9rsd) Existing use of Subject property C h i(set h ,Lc/ c).�re_k s o e) Specific indication of proposed uses of land and buildings 1) Official Plan Designation _ /1s-A97-r)LE-7-5- g) 5g) Zoning By-law-Existing Zoning JiVS-67247jo„vi Ct -Requested Zoning 40 day? rc29/2 i;r1 Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 79 of 334 2.SITE INFORMATION E7LI a)Zoning Provisions REQUIRED PROPOSED- Lot Frontage //5 7,n Lot Depth J5'� oak,rl Lot Area t-Co.5--h 0., Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard(corner lot) Landscaped Open Space(%) MItv No.of Parking Spaces ' No.of Loading Spaces Width of Planting Strip Driveway Width Handicap Spaces Other(Specify) Off-Street Parking and Loading Facilities Total number of off-street parking spaces existing Number of off-street parking spaces proposed(include existing&proposed) Number of off-street loading facilities existing Number of off-street loading facilities proposed(include existing&proposed) b) Proposed Building Size: Ground Floor Area of Existing Buildings(s) ./ S2 9.3 5,"7 I4' ?rfisJle Ground Floor Area of Proposed Development 7 6 8' st-ci— Total Ground Floor Area (including existing&proposed) 4 b'r b i Sb Number of Storeys proposed Building Height Proposed • /`7/Pr Total Gross Floor Area Proposed (including existing and proposed) • sk 6 3. COMPLETE AS APPLICABLE: a) MULTIPLE FAMILY RESIDENTIAL Landscaped Area sq m Conversion or Addition to Eras Residential Buildings Yes No Amenity and/or Children's Play Area Yes No UNIT BREAKDOWN Type Number of Units Floor area of Unit Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom 2 Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 80 of 334 3. COMPLETE AS AP-'LICALLE:-(cont'd) a) MULTIPLE FAMILY RES r . TIAL-(cont'd) Other Facilities provided(eg. . ay facilities,underground parking,games rooms, swimming pool,etc.) b) COMMERCIAL/INDUSTRIAL/INSTITUTIONAL/OPEN SPACE OR OTHER USES (as applicable) / No.of New Buildings Proposed �- 4re-r t5LN ( tEh7 Conversion or Addition to Existing Building Yes No S., Describe Gross Floor Area(breakdown by type of use,eg.-c Bce area,retail,storage, manufacturing area,etc.) ag r n0 /oInbii7 uirre/ ;cert.-wiz-5 S G—{--o-a(a( fn�A/4/ Seating Capacity(forest.or4ssembly all, ffw'/d/. Describe Type of Business Proposed (Aura use-• No.of Staff Proposed-Initially _In future(5 yrs) Open Storage Required Yes No Describe type,location,and buffering(if any) zriabbk) wcg.f o4(ei9 b i/o!�,,• as. Phasing if any I .Gror,,,y ty Describe Type of Use Proposed /n S¢,A No.of Beds(if applicable) Gross Floor Area by Type of Use (eg.office,Landsca ed Area common rooms,storage,etc.) 7& SA,4 �r a %. _ Landscaped J.Scscb s f O sq m If residential use proposed as part of,or accessory to commercial/industrial/open space/other use,ple s ecify Type Nue Units Floor area of Unit Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom Dated this (0.741 day of _,20 Signature of Owner igen___—) jc\.1041 Web e-- Signature of Owner/Agent ' l )e -h/h„r3 54,41e r– of the /�un�cypa�/ of /327.74rrn in the to of_ 659,,-- /Rr✓I / DO THAT: Q 4/7rra,r4'. All of the statements contained in this application are true and I make this seism de ea conscientiously believing it to be true and knowing that it is of the same force and effect as if made under Oath and by virtue of the Canad;Evidence Act. 47aittiri A,6 Dr CL7IRED before me at the� nic2.:2- & of ,2g in the Caunfyy of . this eV day of ,./4 20�� C), Signature of Owner A'o,,.,. saingei Ninmmfd+a Commlaloaer,eye. Signa, r`of e- ."1 L0/7/6/655 y, Deputy Clerk dale Corporation oleo Municipality ofRopbsa, Attachments: Site PIan Control By-law 2005061 with Sciii uie"A"only 3 Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 81 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-084 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN CORINTH MENNONITE CHURCH AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS subsection 41(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an official Plans an area is shown or described as a proposed site Plans control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a Site Plan Control Area. AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law pursuant to Section 41 of the said Planning Act. AND WHEREAS subsection 41 (4)of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the Council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the Council may determine,of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause(7)(a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan agreement with Corinth Mennonite Church Trustees. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Corinth Mennonite Church Trustees affixed hereto and forming part of this By-law as Schedule"A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin# 11. READ A FIRST AND SECOND TIME this le day of July 2015. READ A THIRD TIME AND FINALLY PASSED this 16th day of July 2015. MAYOR CLERK Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 82 of 334 Schedule"A"to By-law 2015-084 SITE PLAN AGREEMENT BETWEEN CORINTH MENNONITE CHURCH TRUSTEES Concession 8 Part Lot 7 Roll#34-01-000-005-02320 AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 83 of 334 2 THIS AGREEMENT made in duplicate this 16th day of July 2015. BETWEEN: CORINTH MENNONITE CHURCH TRUSTEES Hereinafter called the"OWNER" OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the Owner Trustees in fee simple of the lands situate in the Municipality of Bayham,in the County of Elgin being Concession 8 Part Lot 7,more particularly described in Attachment"A"attached hereto(and hereafter referred to as the"Lands"); AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a Site Plan Control Area; AND WHEREAS the Owner intends to develop lands in accordance with the Site Plan drawings attached hereto,as Attachment"C"(and hereafter referred to as the"Plans"); AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Corinth Mennonite Church. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00)of lawful money of Canada by each to the other paid(the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that no building permit will be available until the Agreement has been approved by the Municipality and registered on title, and further agrees that work will not commence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 84 of 334 3 ATTACHMENT"A"—LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT"B"-CERTIFICATE OF COMPLIANCE ATTACHMENT"C"— SITE PLAN AND LOT GRADING PLAN 3. Attachment"A"hereto describes the lands affected by this Agreement. 4. Attachment"C"-Overall Site Plan&Lot Grading Plan shows: a) the location and height of all buildings and structures existing and/or to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking spaces, including driveways for emergency vehicles; d) building finished floor elevations(if deemed necessary by the Municipality); e) all proposed structures showing setback measurements and dimensions 5. The Owner agrees that the building or buildings will be erected or developed in accordance with the Plans approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will be in accordance with the Plans as approved, subject only to such changes as have received advance approval. 7. The Owner further agrees that(as applicable): a) final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer,prior to the final release of the Letter of Credit. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible,be taken and which comply with The Construction Safety Act. e) all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs,the street shall be cleaned at the end of each working day. Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 85 of 334 4 f) unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete, gravel or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. g) no topsoil shall be stockpiled on any other portion of the Owner's lands except those lands identified in Attachment"A"to this agreement;and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. h) stock-piling of snow will not be allowed on the site where it will constitute a hazard to public right-of-ways. i) the electrical servicing of the property shall be subject to the approval of Hydro One. j) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires,in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. k) the Municipality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. 1) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with and obtaining any deemed necessary approvals from the County of Elgin for any matters that relate to County Road 44 (Eden Line) b) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as,but not limited to,the Long Point Region Conservation Authority and the Ministry of the Environment as deemed necessary. Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 86 of 334 5 10. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s)to the satisfaction of the Municipality's Fire Chief. 11.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Ministry of Transportation and/or the Municipality at the expense of the Owner, within thirty(30)days notice. 12.Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13.If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension,provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension,until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer,certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment,have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 14.The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 15.hi the event of any servant, officer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the Plans and specifications filed, such servant,officer or agent shall forthwith,place a notice requiring all work to be stopped upon the premises and forward a copy,by registered mail, to the Owner at the last known address,on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 16.In the event of any servant,officer or agent of the Municipality,upon inspection,be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham,as hereinafter provided. Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 87 of 334 6 17.In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham,which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 18. In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. 19.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two(2)week's notice,to it by registered mail,at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law,that such matter or thing be done by the Municipality,at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 20.Unless otherwise authorized,in the event of the Owner wishing to change at any time,the buildings, structures or facilities described in Attachment"C",it shall make application to the Council of the Municipality of Bayham,for approval,and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board,under the procedure set out in Section 41 of The Planning Act, 1990,herein before referred to. 21.The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 22.LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of$ NIL per occurrence, and in a form satisfactory to the Municipality, indemnifying the Municipality from any loss arising from claims for damages, injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force,until the development is complete and all required documentation as per Article 13 has been filed with the Municipality. Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 88 of 334 7 23.PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be completed on or before July 16, 2016. It will be the Owner's responsibility to require, in writing, an extension to this agreement/project,within sixty(60)days of the above stated completion date,should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit,equal to$ NIL The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains, and any repairs for damages to public property, roadway, sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plans and Site Servicing Plans, Attachment "C", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force,until Twelve(12)months following the completion of this project. 24.This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 25.In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Municipality may,at its option,on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re-negotiated. 26.The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 27.The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns,to save harmless and indemnify the Municipality, from all losses,damages,costs, charges and expenses which may be claimed or recovered against the Municipality by any Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 89 of 334 8 person or persons arising either directly or indirectly as a result of any action taken by the Owner,pursuant to this Agreement. 28.All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act,R.S.O. 1990,shall apply. 29.This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 30.A Certification of Compliance attached hereto as Attachment "B", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness Ivan Weber,Trustee Witness Raymond Weber,Trustee THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens,Mayor Lynda Millard,Clerk Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 90 of 334 9 ATTACHMENT'A' Property Assessment Roll No.: 34-01-000-005-02320 Municipal Address: 54519 Eden Line,North Hall Legal Property Description: Concession 8 Part Lot 7, 11R-6483 Part 1,and 1 IR-8593 Part 2,Municipality of Bayham,County of Elgin PIN#35337-0282 Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 91 of 334 10 ATTACHMENT`B' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE To be completed and submitted to the Municipality once all works are complete. PROPERTY IDENTIFICATION: Municipal Address: 54519 Eden Line,North Hall Property Roll#: 34-01-000-005-02320 Owner(s): Corinth Mennonite Church This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of the Site Plan Agreement By-law No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. I have the authority to bind the Corporation. Witness Ivan Weber,Trustee Raymond Weber,Trustee Address: Phone Number Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 92 of 334 [ 4 7 Mc/in')Enr• ' C g 8 i ,rAf i a In I I g e iiire di iu al I a Hfl' E 1 ii ak 8 iii m g ' a � � .. nIiI IiIHh11 .se a 1bib i ! i 1, 1! 1 x E e !1i1i!1- e Bog - .. 9 ' -SAKE JRA MYTd 1, r r% fI >; r.1 4 ? I i - LJMd !i• > > 1 N. > ., ' >. >. se Ni i ii • : ., >r!>fij , 0'I, r , 1 N. > >� N. 4 Itrel. , It , , �, la ! 4 > > mu ,..\ 1 I" . a i z a I 4: m�> F > 1 > Y s.. .•-. ,.* if•4' I i ' •,,1 ; ,--' .. 4,, 0 . 0 . i ' ... . W.. ., _.�.._ _._ ... _. _. ._.. ._. ti. �!�r Iii se� m � > ` , 1 �ssa 14 !11 g . a, i • i i g3• 1 } p'I a >I1 •'• :. 0 L . >lali' e s a >. a a>� _ � 1� , �1 MO yAJ e 1 R air& r 5 / '''c' ! 1 J 1 evAA-Mt Ow Lerod --..- ..... 1 ! 1 Report DS-47/15 by Margaret Underhill,Deputy Clerk/Planning... Page 93 of 334 g,AY EIA-4/.ii,...„,i (.., REPORT o ' rer1! DEVELOPMENT ppoi'tunit3' Is.t00t SERVICES TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: July 16, 2015 REPORT: DS-48/15 FILE NO. C-071 L03.STEW Roll#3401-000-006-11260 SPLIT SUBJECT: Subdivision Agreement—Stewart 1 Stewart Drain No. 1 (L04.STEW) BACKGROUND: John Stewart is in process of severing four(4) building lots on Eden Line in the hamlet of Eden. A condition of the consents is to install a municipal drain to service the four lots and the retained lands. Drainage plan is under way as the Stewart Drain No. 1 project. DISCUSSION: The Stewart Drain No. 1 amended report has been received by the Clerk and appears on the July 16"agenda for approval. The cost estimate has been provided on which the Agreement is based. By entering into an Agreement,the Owner posts the security,which reduces the risk to the municipality and ensures proper and timely completion. In 2013 Council previously approved similar Agreements for the New England Drain and Phillips Drain Calton. This Agreement only deals with the drainage condition of consent. Approval of the Agreement is a requirement of the future rezoning application to remove the Holding provision,which is to be considered on the August 20th agenda. All conditions of the consents are to be completed by the August 27,2015 deadline. Staff recommends approval of the Agreement to satisfy the drainage condition of Consents E51- 54/14 Stewart. Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 94 of 334 Staff Report DS-48/15 Stewart Subd Agmt 2 ATTACHMENTS 1. Draft By-law 2015-083 Subdivision Agreement attached. RECOMMENDATION 1. THAT Report DS-48115 be received for information; 2. AND THAT By-law No.2015-083, being a By-law to authorize the execution of a Subdivision Agreement between John David Stewart and the Municipality of Bayham for drainage works known as Stewart Drain No. 1 be presented for enactment. Respectfully Submitted by: Reviewed by: zz,./.7"7/1 Margaret Underhillipw:►*'- Depu Clerk/Planning Coordinator CAO Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 95 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-083 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN JOHN DAVID STEWART AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR DRAINAGE WORK THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the Agreement affixed hereto as Attachment"A", being a Subdivision Agreement with John David Stewart, is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the Subdivision Agreement be registered upon the title to the lots created through County of Elgin Consent Applications E51-54/14 being Parts 1-5 on Registered Plan 11R-9829. READ A FIRST and SECOND time this 16th day of July 2015. READ A THIRD time and finally passed this 16th day of July 2015. MAYOR CLERK Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 96 of 334 Subdivision Agreement J. Stewart Page 1 ATTACHMENT"A"TO BY-LAW 2015.083 THIS SUBDIVISION AGREEMENT made in duplicate this 16th day of July 2015. BETWEEN: JOHN DAVID STEWART Hereinafter called the"SUBDIVIDER" OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Subdivider is the Owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lot 21 Concession 9, more particularly described in Attachment °A" attached hereto(referred to as the"Lands"); AND WHEREAS the Subdivider wishes to subdivide the Lands by means of Consent Applications E51-54/14(referred to as the"Consents")pursuant to Section 53 of the Planning Act; AND WHEREAS as a condition of the consent of the County of Elgin Land Division Committee to the final approval of the Consents, the Subdivider and the Municipality must enter into an Agreement respecting the development of the Lands pursuant to Section 51(25)of the Planning Act with respect to drainage and the requirement for a municipal drain connection for the created lots; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00)of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the parties agree to comply with each term set out to the extent that it is expressed to be respectively binding upon them, and the same shall enure to the benefit of and shall be binding upon their respective heirs, executors, administrators, successors and assigns. Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 97 of 334 Subdivision Agreement—J. Stewart Page 2 List of Attachments 1. The following Attachments are hereby declared to form part of the Agreement between the parties: Attachment Description "A" Description of Lands "B" Copy of Registered Plan of survey "C1"and"C2" Municipal Engineer's Cost Estimate and Drain Plan&Profiles for Stewart Drain No. 1 Plan of Survey 2. The Lands shall be created through Consent Applications E51-54114 as identified as Parts 1 -5 on Registered Plan 11 R-9829 in accordance with the survey attached as Attachment"B"to this Agreement. Drainage Work 3. The Subdivider agrees to construct, at its expense, a stormwater management system for the Lands which meets the requirements of all regulatory agencies and which discharges to a lawful and suitable drainage outlet. The affected lands shall be assessed to and regulated by the"STEWART DRAIN NO. 1" system under the Drainage Act. Once constructed, physical components of the municipal drain shall remain unaltered including, but not limited to, remain clear of fencing,structures and plantings. Administration and Inspection Costs 4. (a) The Subdivider agrees to pay to the Municipality all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (a) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Municipality. The Subdivider hereby agrees to pay all accounts of the Municipality in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Municipality. Securities 5. Prior to work commencing,the Subdivider shall provide the Municipality with performance security as described in Attachment"C" less Letter of Credit in the amount of$25,000 previously posted in March 2009 and less County of Elgin apportionment in the amount of$8,389 resulting at a Letter of Credit due in the amount of$35,011 to be held by the Municipality until all of the obligations of the Subdivider have been discharged. The security may be in the form of cash or an irrevocable Letter of Credit from a chartered bank and must not expire without at least 30 days advance notice in writing to the Municipality. In the case of cash,the Municipality shall hold funds in a non-interest bearing account. In the case of a letter of credit,the form and content of it shall be satisfactory to the Municipality. Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 98 of 334 Subdivision Agreement—J. Stewart Page 3 By-laws 6. The Subdivider shall, notwithstanding the provisions of this Agreement, be subject to all by-laws of the Municipality and statutes of the Province of Ontario, including those By-laws and statutes that require the payment of fees. In the event of conflict between the provisions of this Agreement and the provisions of any statute or by-law, the provisions of the statute or by-law prevail. Default by Subdivider 7. The Municipality may determine and declare the Subdivider to be in default of its obligations under this Agreement through written notice to the Subdivider of not less than thirty(30)days measured from the time that such notice is sent to the Subdivider.The notice will identify the provision(s)under which the Subdivider is in default. Subsequent Owners Bound 8. Subject to the provisions of the Registry Act and the Land Titles Act,the covenants, agreements, conditions and understandings herein contained on the part of the Subdivider shall be conditions running with the land described in Attachment"A"attached hereto, and shall be binding upon the Subdivider, its heirs, executors,administrators, successors,and assigns, as the case may be as subsequent Owners and occupiers of the said Lands from time to time(and"Subdivider"wherever used in this Agreement is intended and shall be construed to include such subsequent Owners and occupiers)and shall be appurtenant to the adjoining highways in the ownership of the Municipality or County, as applicable. Separate Covenants 9. All of the provisions of this Agreement are intended to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not enforceable, it shall be considered separate and severable from the Agreement and its remaining provisions as though the unlawful or unenforceable provision had not been included. Notice 10. Any notice by the Municipality to the Subdivider shall be delivered or sent by registered mail and addressed to the address shown on the assessment roll as updated from time to time on the records of the Municipal Clerk. Any notice by the Subdivider to the Municipality shall be delivered or sent by registered mail to the Municipal Clerk. Registration and Preparation of Agreement 11. The Subdivider agrees that this Agreement shall be registered by the Municipality's Solicitor upon the title to the lands, and agrees to pay all solicitor's fees and disbursements incurred by the Municipality in respect to the preparation and registration of this Agreement, forthwith, upon demand. Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 99 of 334 Subdivision Agreement—J. Stewart Page 4 IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its duly authorized officers and the Subdivider has hereunto set his corporate seal attested by the hands of its duly authorized officers. i 011P„ Witne s Joh David Stewart, Owner/Subdivider We have the authority to bind the Municipality. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By: Paul Ens, Mayor Lynda Millard, Clerk Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 100 of 334 Subdivision Agreement—J. Stewart Page 5 ATTACHMENT 'A' Description of Lands Property Assessment Roll#34-01-000-006-11260 subject to Consent Applications E51-54114 Described as: Concession 9 Part Lot 21, being specifically Parts 1-5 on Registered Plan 11R-9829,formerly Township of Bayham, now Municipality of Bayham in the County of Elgin, Province of Ontario Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 101 of 334 4 r7,cvniEmir "6 S 5 g g,1 le AI iLi 1411;144 1 1 2 a 0 gggg a 111111f la 9ol lb# a ijI /hi i. . .....1. Iht'sol I- VV gati iiigiiii f iliqlZ ▪itiR111 g B B wihr - -4 . S NOISS30NO3 ZZ 1 107 MO - 114 SRBIFF ,P I VOW'VOW' g j L pd . Vd i y 4. __ -- __ __ $Z _ 107 "PIM. Fz 10'1 -ft Pi"-- s• NVd `1 'N.' P•,q wont i ......01. t Y S 11 I i g I law' II ii G) 4 1 ' . laird f j1 nY •.1••,A• f 1r lard3 I q •gym.•• 4..i 0 p • m ti ffI f Olt Ifa 1a4Vd J o 0 14 •e.w. • z yh + - , . �w w ei - F ��d !! 4sh'oe-get ";x11 4I______,,,dtare rc a i a dill . IR nl ill ! ;1 I/ k+or - wu D £WdI -- Ism Ne-A. rr r wrr FZ 0Nv OZ 5107 N33M13B 1 30NVN�07`Tp� � OVOa -_ gig 11 q rivit ve d0 dtKSNmo.i. 71HdV:fo030 , °r 1$$ 11 L N0iss3]N0� OZ lag !I 41i it r Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... Page 102 of 334 A77i4CH/f9 +/1�CZ -COST ESTIMATE 8 STEWART DRAIN NO.'I Municipality of Bayham We have made an estimate of the cost of the proposed work which is outlined in detail as follows: MAIN DRAIN Supply and Install rodent gate on end of 250mm dia.pipe $ 100.00 Installation at tile outlet with quarry stone rip-rap around pipe and at tile outlet with quarry stone rip-rap (Approximately 4m'quarry stone req'd) $ 800.00 Installation of the following sewer pipe(with rubber gaskets)including supply,installation and compaction of bedding and backfill materials for sewer pipe 93 meters of 300mm dia.sewer pipe $ 2,600.00 Supply of the above listed pipe $ 2,100.00 Supply and Install 158 meters of 250mm HOPE pipe Dr17 by directional drilling under Eden Line and property downstream of Eden Line $ 12,900.00 Supply and install,one 600mm x 600mm ditch inlet catchbasin,two 900x 1200mm catchbasins incluidng grates,berms,ditching $ 4,600.00 Restoration of Lawn area $ 300.00 Tile connections and contingencies $ 500.00 Allowances under Sections 29&30 of the Drainage Act $ 950.00 BRANCH'A' Installation of the following sewer pipe(with rubber gaskets)including supply,installation and compaction of bedding and backfill materials for sewer pipe 53 meters of 200mm dia.sewer pipe $ 1,500.00 Supply of the above listed pipe $ 1,000.00 Supply and install one 600mm x 600mm standard catchbasin including grates,berms,and ditching. $ 1,200.00 Tile connections and contingencies $ 150.00 Allowances under Section 29 of the Drainage Act $ 170.00 BRANCH'B' Installation of the following sewer pipe(with rubber gaskets)including supply,installation and compaction of bedding and backfill materials for sewer pipe 29 meters of 200mm dia.sewer pipe $ 700.00 75 meters of 250mm dia.sewer pipe $ 2,100.00 Supply of the above fisted pipe . 4,900.00 Supply and install three 600mm x 600mm standard catchbasins including grates,berms,and ditching. $ 3,600.00 Allowances under Section 29 of the Drainage Act $ 320.00 ADMINISTRATION Interest and Net Harmonized Sales Tax $ 1,630.00 Survey,Plan and Final Report $ 20,500.00 Lot Grading Plan $ 2,900.00 Expenses $ 1,100.00 Supervision and Final Inspection $ 1,780.00 TOTAL ESTIMATED COST $ 68,400.00 Report DS-48/15 by Margaret Underhill,Deputy Clerk/Planning... 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'Air fr �ry1+t� ,� yy,'+ '� �° ! q, ' + 0040.1. 0[01•00•40.1011.11147010a� � PLdN arPROFILES IoII } •'l ~""`^--�.. +'i rrlee,KIMONO. n.�wm.e.tlm,u,rm.st.n..xr�rl ,� , SPRIET ASSOCIATES LONDON GRADING PLAN seep.1.ma, canna l.rl a A leNO1IP CCR• o W W .OX Y w = REPORT kpip 0 - - 4 DEVELOPMENT SERVICES o �o�pnunityIe TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: July 16,2015 REPORT: DS-49/15 FILE NO.C-071 D09 Roll#34.01-000-002.14700 SUBJECT: Consent Application E42!15 Thompson/Sykes (D10.15) BACKGROUND: A consent application was received from the Elgin County Land Division Committee submitted by Rob Thompson and Donna Sykes proposing to sever a 0.4 hectare(1 acre)parcel from an existing 40.8 hectare(100 acre)parcel known municipally as 55963 Calton Line for the purpose of severing a surplus farm dwelling. The area to be severed is designated"Agriculture"on Schedule A Land Use with some"Hazard Lands"shown on Schedule A2 Constraints in the Official Plan of the Municipality of Bayham and the lands are zoned Agricultural(Al-A)in Zoning By-law No.Z456-2003. Elgin County Land Division Committee will consider the application on July 22,2015. DISCUSSION: The proposal suggests creating an irregular shaped parcel in an effort to meet the frontage requirements and retain the maximum cultivated land with the farm parcel. The planner's memorandum dated June 29, 2015 analyzes the application subject to the Official Plan policies currently in effect. The applicant states the severance of a surplus farm dwelling qualifies through farm consolidation with the owners agricultural residence located at 54715 Light Line.The lands to be severed contain the house recorded to have been built in 1898 (MPAC records)and a wood clad shed intended for demolition. Conditions of consent would include rezoning of the severed parcel and the retained lands, civic number sign for the retained parcel, planning report fee and a copy of the final survey(both paper and digitally)be provided to the municipality. Once the surplus dwelling lot is created and deed registered,drain reapportionment for the Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 105 of 334 Staff Report DS-42/15 Thompson/Sykes Page 2 Adler Drain will be required. The Drainage Superintendent will initiate the reassessment when appropriate. Staff and planner recommend Council's support of the application. ATTACHMENTS 1. Consent Application E42/15 Thompson/Sykes 2. IBI Memorandum dated June 29, 2015 RECOMMENDATION 1. THAT Report DS-49115 be received; 2. AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E42115,submitted by Rob Thompson and Donna Sykes,be granted subject to the following conditions: 1. Rezoning of both the severed and retained parcels 2. purchase of civic number sign from the municipality for the retained parcel 3. planning report fee payable to the municipality 4. copy of the final survey(paper and digitally)provided to the municipality Respectfully Submitted by: Reviewed by: Marg et Underhill ipway Deputy Clerk/Planning Coordinator CAO Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 106 of 334 inA um t ppLICATION FOR CONSENT " f 1. Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE 2. Name of Owner R-06 —11-10 n.. .n2,1\ �Q n �y A L �Cesr Address 577/ S` L i 94-1 Jj t. e.. 12. y e nn Telephone Number 57 Q' .5 SO 5 3 73 N 1 / -z_0 Name of owner's solicitor or authorized agent Pe_}er L to l v e_ d Address 565 13rot...loy Tr(/.ro# bv.j 0/4 NJ 3S3 Telephone Number W 5 1 9 ?1?.- 7 3 5 I Please specify to whom all communications should be sent: Owners ( ) Solicitor ( ) Agent (1.-r- 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: creation of a new lot Other. mortgage/charge addition to a lot lease V surplus farm dwelling �^easement/R.O.W. technical severance correction of title other(specify (b) Name of person(s),if known,to whom land or interest in land is to be transferred,leased or charged: lAy✓k.nrct."7 (c) If a lot addition,identify the assessment roll number and property owner of the lands to which the parcel will be added: 4. (a) Location of land: Municipality [3,Ay HAM Concession No. COIF y ex ce sT PT Z Lot(s)No. N r/2 nT I y Registered Plan No. Name of Street CA-L-TON !—!p-I( Street No.and/or 911 No. s5 9 6 3 Assessment Roll No. 3 Vo/000 OO d'/9-200 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No ( If Yes,describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Measurements in Metric) Frontage r�S�N4 Depth I77•SZ..t r im-aArea L/0 L/ , 914 tr/ Acre, Existing Use P,vrov I (Ze.o t c,-t..E(ct Proposed Use p kvr-o4, �.2r� d.e-14ta,l Number and use of buildings and structures o the land t9 be severed;{ Existing kayo-C.- Ov..� W a c.-1A-4 Ae-d, Proposed WoOrV tm.r .r4-roc yr . `-o e— der�eJ r $1.,ext 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 365•Sr'''. r Depth 1�Cpli Area q9 4c-R 5 +— Existing Use /lop co 4w--a.1 Proposed Use Al rr w(4v,A. Number and use of buildings and structures on the land to be retained: Existing NF0 nQ_ Proposed N o n ti County of Elgin Engineering Services 450 Sunset Das St-Thomas,On NSR 51,1 Phone:519-331-]450 www.elen-eeunty on.ea Prindr6.5s)4r Gy Naturt, Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 107 of 334 -2. 7. Number of new lots proposed(including retained lots) (g?.i.e 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) ( ) Municipal road,maintained all year (' Municipal road,seasonally maintained ( ) ( ) Other public road ( ) ( ) Right Of Way ( ) ( ) Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( ) Privately owned and operated individual well ( ( .1 Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) 10. What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated sanitary sewage system ( ) ( ) Privately owned and operated individual septic tank ( ' ( Privately owned and operated communal septic system ( ) ( ) Privy ( ) ( ) Other means (specify) 11. When will water supply and sewage disposal services be available? &'i ..3-77/4&- ---12. .r'Ti 4fr-12. What is the existing Official Plan designation(s)of the subject land? �cuLrci,2E adiF-nre0 Lrtr�]S ExismvO•1 o1,MM ak-c. -13. What is the existing Zoning designation(s)of the subject land? cOL7urent,(, i- ,M0/ .LPRcr96-6c.rrrTio)/ 41rralr 14. Has the subject land ever been the subject of an application for approval of a Ian of subdivision under the Planning Act? Yes ( ) No (1/)� Unknown ( ) If Yes,and known,provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application,describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes .( ) No (v Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 108 of 334 -S- • (b) If the answer to(a)is Yes,please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Date parcel created Severance File No. 17. If this application is for a lot addition,has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No ('4 . If Yes,provide the previous severance File No. 18. If this application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. A C U S of t CL 4 1 0,v 0 P'"1( ` .r G r IL P /J r-a pe-144 a.-- S`{7/S Llg1R� 1-Ine. --f kr-C"19L, vrc, �aae. iVer•Ll �[ 39W-000- 006 - 19. Is the owner,solicitor,or agent applying for additional consents on this holding simultaneously with this application,or considering applying for additional consents in the future? Yes ( ) No ( 20. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the County for approval? Yes ( ) No (✓5" If Yes,and known,specify the County file number and status of the application 21. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment,minor variance,or approval of a plan of subdivision? Yes ( ) No (✓j If Yes,and known,specify the appropriate file number and status of the application 22. Is the application consistent with policy statements issued under subsection 3(1)of the Planning Act? Yes (1.4r No ( ) 23. Is the subject la within an area designated under any provincial plan or plans? Yes ( ✓� No ( ) If yes, does the application conform to or conflict with the applicable provincial plan or plans 24. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 25. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b)of Bill 49,Chapter 63,S.O. 1989,being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 109 Of 334 -4- 26. SKETCH: The application shall be accompanied by a sketch showing the following: - the boundaries and dimensions of the subject land,the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark,such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application,such as buildings,railways,roads,watercourses,drainage ditches,river or stream banks, wetlands,wooded areas,well and septic tanks; - the existing use(s)on adjacent lands; - the location,width and name of any roads within or abutting the subject land,indicating whether it is an unopened road allowance,a public travelled road,a private road or a right of way; - if access to the subject land is by water only,the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Dated at the & of .41744,1---- this J 44,1----this r9f2./ day of - _ 20 fror— / Ade," ve/cf S G! NA1`URE OF APPLICANT(S),SOLICITOR OR AUT ! ref :AGENT AFFIDAVIT OR SWO EC/ RATION INVe Q rP� A'NN,- of the TOLvn of /7f f in the County of Qrg�,.�- solemnly declare that all the information contained in this application is true,and INWe make this solemn declaration conscientiously believing it tube true,and knowing that•it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the Mee?fcy9� of fz/X in the Lam/ this n/ / • day of (.116-4-. - Signatu'�• ` 1, / /061T42_ 20 l 4>( Signature f/g N2-73.5( A C• sinner,etc. tAkGAKEf brluawu U^com nae 161. Deputy Clerk of the Corpora=ofdui If this application is signed by an gen oar soolliicitor on behalf-of-an-ippiicant(s),the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal,if any,must be affixed. It is required that one copy of this application be filed,together with one copy of the sketch described, with the responsible person,accompanied by a fee of- $1,000.00 in cash or by cheque made payable to TREASURER,COUNTY OF ELGIN An additional fee of$250.00 will be charged for affixing the consent stamp. Revised December 2014 Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 110 Of 334 • The County of Elgin Land Division Committee requires that,in addition to the"Application for Consent°,the following information be completed for all applications: 1. Are there any barns located within 300 metres of the subject of this application? Yes ( ) No ( If the answer Is"YES"are these barns: i) Now used for livestock? Yes ( ) No ( ) ii) Capable of being used for livestock? Yes ( ) No ( ) NOTE:If you answe "YES"to#1.PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED BY APPLICANT AGRICULTURAL CODE OF PRACTICE FORMULA ONE DATA SHEET TO CALCULATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR NON-FARM USES ESTABLISHING OR EXPANDING IN CLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS In order to calculate the minimum distance separation,the following Information is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: NAME TELEPHONE TOWNSHIP LOT CONC. TILLABLE HECTARES(where livestock facility located) _ Type of Livestock Maximum Housing Capacity Marnare System Housing System Number per Year Liquid Semi- Dry check type DAIRY Solid , 0 Cows Tie Free Loose 0 Heifers Stall Stall • '0 Calves BEEF 0 Cows Open Lot Total 0 Calves &Barn Confine- . Feeders meat 0 400-750 lb. 0 400-1100 lb. '0 750-1100 lb. • SWINE 0 Sows 0 Boars 0 Weanlings 0 Feeders POULTRY Caged On Floor 0 Laying Hens 0 Breeder Flock 0 Pullets 0 Chicken Broilers 0 Turkey Broilers 0 Turkey Hens 0 Turkey Toms 0 Roasters MINK-Females HORSES SHEEP-Rams&Ewes RABBITS VEAL.CALVES MOTHER _ MANURE STORAGE: DRY Open Pile Covered Pile SEMI-SOLID Open Pile Storage with Buck Walls LIQUID Covered Tank Open Earth Sided Pit Above Ground Uncovered Tank Below Ground Uncovered Tank Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 111 of 334 AUTHORIZATION TO APPOINT AN AGENT NOTE:This form Is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Comnlittee Corporation of the County of Elgin Description and Location of Subject Lands: S S 9 b 2 CntToIL( L,Ne. rvta.0 r c r Pft-LI n 4 B A-{ To .ti r P ec-6-er-f Cetv../TY 14y /-oT Pi CoNC 9 (3,9-Y i-fr✓,-( . -v6 c&><e--Ea r Pe-g-r z !,.e 97 311 UWe,the undersigned,being the registered owner(s)of the above lands hereby authorize /P t4 r v of S6s $ererocoly c.c.. a a-111/44 (Agents Name/Names) (Agents City/Town of Residence) - : (1)make an application on my behalf to the County of Elgin Land Division Committee; (2)appear on my behalf at any hearing(s)of the application;and (3)provide any information or material required by the Land Division Committee relevant to the application. Please Print Names In Block Letters Below Signatures Dated at the /'liver i c-rerc.it-t yr of gG�yl 6►—I this 0/ day of JV.i I 20 % ell n Signatu — Sig atu =of Owner rob Sig are Signature of Owner,, r/ L L. Syre5 Signature of Witness Signature of Owrier Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 112 of 334 AUTHORIZATION TO APPOINT AN AGENT TO Whom It May Concern: DESCRIPTION AND LOCATION OF SUBJECT LANDS: TOWNSHIP OF BAYHAM,COUNTY OF ELGIN,PART OF LOT 14 CONCESSION 4 I/We,the undersigned,being the registered owner(s)of the above lands hereby authorize PETER LELIVELD of Tilisonburg to: (1)Make an application for consent (2)Appear on my behalf at any hearing(s)of the application;and (3)Provide any information or material relevant to the application Dated at the Municipality of Bayham this 1a day of June,2015 Si, �!`.' // - oof Witness Signa of Owner(Rob Thompson) onvla L• S kes ..1-1^111110 M e.hf Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 113 of 334 , .w,k 'I 1 ,flyJ • its • P 4,.....0 f .. 4 0 ,� -- , .- r f L., , IE %I ' f.l y oft, ek .. r�'JI 'F tI I F rcark-.:4 i —T' a --.- Q,, 1 JIB} rf"`I - . --] I,! n,' Iiµ iv- `` •�' ; ; a a I �: 4. 1_ 1; • • • cMs,LL Le. ,-F� —±2 f: 1 - _, .F� i ' ^r9. a .Y •"Y 1't' r , 1''r.. �e y - e �:' 4T ' lis ' c p . wf as � 4.,----------. '. r--� k iw ,lam x !, r►I • % / tom • n,4'. , r�. ,�. 4{ .a e„,......„---- am/ • - .. r ti y 3 y:561 - 0-' .ail h r I"�' '' 414 if Jnr r.�„�. fr�4 i to ° *. • q• 7fr f`{ CI.] ilk a r • r - , • n i.•+ e'' 1 t4 ; uylt R a CI lit -,.tl� ` �r :, . j • I i t .. _ ,..tit9 4 , A .. 'Id'`f, ,•'0-I - i g , ' ' 1. -T.. *1-1117,475 4 b ,?., v'471,7,-1, ' .St • Cu .ai •1n}•�- t'r, .. ,f A ry, are Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 114 of 334 CAL rQN '`IGRICU IN.44'4Wr JNA (COUNT (�Rik,. r.t ;� Y SKETCH ILLUSTRATING PROPOSED,SEWERANLL�' r .1. tO�0 `5) PART OF LOT 14 . CONCESSION 4 1 \, GEOPTAPHIC TONNSHIP OP OAYMAO' I I , COUNTY OF ELGIN I. NOT TO SCALE f I u.,,_ TO BE RETAINED r-1- 1 I s MOUS LOT 14 ; LOT 15 IS p 11 M o BARN I Q I { U 1 a / i I I a iI - / �' 7 4 GEOGRAPHIC TOWNSHIPOF SAYHAM rt- a -1 1i I TO BE RETAINED 5,'" Ji 1 _ wI en 1 , b•: 2 1 i 5 "- 17.37 1 1 GOUNTY -� ,LN j / OF ELGIN ;HA 1 i ri PARCEL 'A' AREA OF PROPOSED SEVERANCE TO BE SEVERED = 4048.9 SQUARE METRES 1.00 ACRE r r 38.12 I TO BE RETAINED 1- r o o KIN trayDoSURVEYWG LTD. BARN "AGRICULTURAL"--1;-.1PRO,E01:111717610-542-3338111162.111=412815 1 15-11610 REFFAEIIM FEE TM""" C:\INCAD2015\15-11519.dwg, 6/1/2015 2:02:25 PM, KIP 7100.pc3 Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 115 of 334 r. i IBI GROUP 203-350 Oxford Street West I I telLo4don 072 328 N N6H lfax 519 472 9354 J 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date June 29,2015 From Derek Dudek,MCP,RPP- Project No 3404-591 Associate cc Subject Rob Thompson&Donna L.Sykes-Application for Consent E42115- Part Lot 14,Concession 4-55963 Calton Line 1. We have completed our review of an Application for Consent,submitted on behalf of Rob Thompson&Donna L.Sykes,for a property located on Part Lot 14,Concession 4,on the south side of Calton Line,east of Bogus Road,and known municipally as 55963 Calton Line.The applicant is requesting the severance of a 0.4 hectare(1 acre)parcel of land from a 40.8 hectare(100 acre)agricultural parcel for the purpose of creating a new surplus farm dwelling lot.The area to be severed is designated"Agriculture"on Schedule A Land Use, with some"Hazard Lands"shown on Schedule A2 Constraints in the Official Plan of the Municipality of Bayham. The lands are zoned Agricultural(Al-A)in Zoning By-law Z456- 2003. 2. The proposed 0.4 hectare(1 acre)lot is irregular in shape as a �+p� result of efforts to retain as much cultivated land with the =_ proposed retained farm parcel;and in an effort to meet the generalroma income zoningby-law regulations which would be applicable upon ' 'ice Y- 9 PP� P €�'i ?j any conditional approval of the severance,namely lot frontage , i �I (see sketch). Generally,the lot measures approximately 50 /I metres wide at the front and back,with a narrow 13 metre wide ; Imam 1 I • section through the middle(to accommodate just driveway and .,F.- hydro connection),by 177 metres deep and includes a single 14 11 '. 1. detached dwelling,as well as a shed which is proposed to be " demolished. The remaining portion of the subject lands are ! i1 1 characterized as landscaped amenity area and do not include any 1 I actively cultivated land. The proposed retained lands would be 1 i approximately 40.4 hectares in area;are vacant;and are T°""..lp i Of characterized as three separate cultivated fields bisected by MIMEO .•%7 PIi wooded areas and small tributaries associated with the Big Otter �% Creek.The surrounding land uses are a mixture of large agricultural uses and estate residential uses in all directions. ..4. ® 1 3. Section 2.1.7(as recently modified)states that an application for •' �•f ..consent to sever a dwelling that is rendered surplus to a farm i operation as a result of farm consolidation may be permitted in the tt,1E "Agriculture"designation in accordance with a specific list of I "- ; criteria. The subject dwelling also must have been built and occupied a minimum of ten years prior to the date of the current o BE rlsr y application. It is noted that the applicant has not indicated the age e�° �� •�auatrv+u,• IBI Group is a group of firms providing professional services and is affiliated with SiIGroup Architects Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 116 of 334 IBI GROUP MEMORANDUM 2 Municipality of Bayham-June 29,2015 O'er o,,,4' of the dwelling.Municipal staff should ensure that it was constructed prior to the required q ://ritipdate. Our analysis of the aforementioned criteria is as follows: a) In the opinion of Municipal Council,a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands; As indicated,the surrounding land uses are generally agricultural in all directions.The applicant has indicated that there are no livestock buildings located within 300 metres of the proposed severed/retained lands. b) Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation,only one dwelling may be severed from that farm parcel,and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership; The applicant is pursuing the severance of only one surplus farm dwelling and no other surplus farm dwellings have been severed from the subject lands in the past. c) A minimum of one existing dwelling within the Municipality of Bayham must be retained by the proponent farm operation, or a registered owner of the proponent farm operation; The applicant has indicated that the lands will be operated with other farm holdings including those located southwest of the subject lands,and located in the"Agriculture" designation at 54715 Light Line,which include a dwelling. The severed lot with the surplus farm dwelling shall. a) Be no larger than is necessary to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority,and be serviced by a potable water supply; The subject lands are 0.4 hectares(1.0 acre)in area which is in the appropriate range to provide adequate area for servicing and amenity area for privately serviced lots in the rural area. The accompanying sketch indicates the existing septic system and well are both located on the proposed severed lands. b) Meet the provisions of the MDS 1 for livestock facilities and manure storage facilities on the proposed retained lands; There are no livestock barns on the proposed retained lands. c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the Municipality of Bayham; As a condition of consent the applicants will be required to submit a Zoning By-law amendment application requesting a zone change from Al to RR for the severed lands. The severed lot with the surplus farm dwelling mar a) Include accessory buildings and structures if in the opinion of Municipal Council a land use conflict will not be created;and The applicant has indicated that the existing shed is to be demolished. No other accessory buildings are located on the proposed severed lot. b) Include accessory buildings and structures where the property has been rezoned to prohibit the keeping of livestock; Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 117 of 334 IBI GROUP MEMORANDUM 3 Municipality of Bayham—June 29,2015 This criterion has been subsequently addressed by the Municipality by allowing a small complement of livestock in the RR Zone where it can meet MDS II setbacks. While the applicants have not indicated any livestock uses,Section 7.11.1 of the Zoning By-law would effectively control future livestock uses in a manner which protects surrounding land uses. All parcels of property constituting the retained agricultural lands shall: a) Depending on the current zoning and lot size,meet the provisions of the Agricultural(Al /A1 A)Zone regulations of the Zoning By-law of the Municipality of Bayham; The proposed retained lands are zoned Agricultural(Al-A)and are vacant. The proposed retained lands would meet the minimum lot area of 40 hectares and minimum lot frontage of 150 metres. b) Be rezoned to prohibit the placement,development,or establishment of any additional type or form of residential dwelling units thereon,regardless of changes in property boundary or ownership; The applicant,as a condition of consent,will be required to submit a Zoning By-law amendment application,requesting a zone change to the Special Agricultural(A2)Zone, which prohibits new residential dwellings on retained agricultural parcels. 4. Based on our review we would have no objection to the proposed Application For Consent E42/15 based on the following conditions: a. That the proposed severed lands are rezoned to a Rural Residential(RR)Zone;and b. That the proposed retained lands be rezoned to a site-specific Special Agricultural (A2-#)Zone requiring regulations to include a minimum lot area of 40 hectares. -74 IBI GROUP Derek Dudek,MCIP,RPP Associate Consulting Planner to the Municipality of Bayham Report DS-49/15 by Margaret Underhill,Deputy Clerk/Planning... Page 118 of 334 VPXY1144/ SNA,. ' REPORT ;ore. 4.40 DEVELOPMENT SERVICES p°;' unity TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: July 16, 2015 REPORT: DS-50/15 FILE NO. C-071 D09 Roll#34-01-000-003-02502 SUBJECT: Consent Application E45115 Ringland (D10.15) BACKGROUND: A consent application was received from the Elgin County Land Division Committee submitted by William and Jacqueline Ringland proposing to sever a 0.32 hectare(0.78 acre)parcel from an existing 22 hectare(54 acre)parcel known municipally as 55738 Calton Line for the purpose of severing a surplus farm dwelling. The area to be severed is designated"Agriculture"on Schedule A Land Use in the Official Plan of the Municipality of Bayham and the lands are zoned Agricultural(A1)in Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on August 26, 2015. DISCUSSION: The proposal suggests creating a rectangular shaped parcel which meets the frontage requirements and retains the maximum cultivated land with the farm parcel. The planner's memorandum dated October 24, 2014 analyzes the previous Official Plan Amendment application(OPA No. 13 approved April 14/15 making amendments to surplus farm dwelling criteria)and the proposed severance of the surplus farm dwelling. The applicant states the severance of a surplus farm dwelling qualifies through farm consolidation with the owner's agricultural residence located at 55374 Light Line.The lands to be severed contain the house recorded to have been built in 2001 (MPAC records)and shed (setbacks to be determined at time of rezoning). Conditions of consent would include rezoning of the severed parcel and the retained lands,civic number sign for the retained parcel, planning report fee and a copy of the final survey(both paper and digitally)be provided to the municipality. Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 119 of 334 Staff Report DS-45/15 Ringland Page 2 Point to mention from the planner's memorandum page 4"All parcels of property constituting the retained agricultural lands shall:b). The retained lands do not meet the minimum lot frontage requirements for the Al Zone at approximately 120 metres, where 150 metres is required." If the retained lands are merged with the adjacent parcel,zoning regulations pertaining to frontage would be met. Staff and planner recommend Council's support of the application. ATTACHMENTS 1. Consent Application E45/15 Ringland 2. IBI Memorandum dated October 24,2014 RECOMMENDATION 1. THAT Report DS-50115 be received; 2. AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E45115,submitted by William and Jacqueline Ringland, be granted subject to the following conditions: 1. Rezoning of both the severed and retained parcels 2. purchase of civic number sign from the municipality for the retained parcel 3. planning report fee payable to the municipality 4. copy of the final survey(paper and digitally)provided to the municipality Respectfully Submitted by: Reviewed by: Margaret/6n erhill ''. : tf'ra Deputy Clerk/Planning Coordinator C• t Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 120 of 334 fisy.r,P,I,A770 ECEIVE tx., rmcua,i na APPLICATION FOR CO 1SEeT JUN 17 2015 1. Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE l410NICIPALITY OF BAYHAM 2. Name of Owner William and Jacqueline Ringland Address 55374 Light Line, Vienna, ON NOJ IZO Telephone Number 519-550-6686 Name of owner's solicitor or authorized agent David Roe Address 599 Larch St. Delhi, ON N4B 3A7 Telephone Number 519-582-1174 Please specify to whom all communications should be sent Owners ( ) Solicitor ( ) Agent (5) signs to owner 3. (a) Type and purpose of proposed transaction' (check aporopnate space) Transfer: creation of a new lot Other mortgage/charge addition to a lot lease X surplus farm dwelling easement/R.O.W, technical severance correction of title other(specify (b) Name of person(s),if known,to whom land or interest in land is to be transferred,leased or charged: unknown (c) If a lot addition,identify the assessment roil number and property owner of the lands to wtuch the parcel will be added, 4. (a) Location of[and: Municipality Bavham Concession No. 5 Lot(s)No. 13 and 14 Registered Plan No. Name of Street Calton Line v 43, treet No.andior 911 No. 55738 Assessment Roll No. 34-n1-000-02502 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No ( x) if Yes,describe the easement or covenant and its effect: 5. Description of land intended to be severed: (Accurate Measurements in Metric) (0.78ac) Frontage 5251 Depth 61m Area 3173512 Existing Use Residential Proposed Use Residential Number and use of buildings and structures on the land to be severed: Existing House and, shed Proposed No rhanee 6. Description of land intended to retained: (Accurate Measurements in Metric) Frontage 50.5m/82m Depth 1023.1m Area 53 acres Existing Use Agricultural Proposed Use ral Number and use of buildings and structures on the land to be retained: Existing None Proposed none sAraaeaiinX SM.:K' nxi; rt'1m 4.:; iFer Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 121 of 334 -2- 7. Number of new lots proposed(including retained lots) 2 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) ( ) Municipal road,maintained all year (x ) ( x ) Municipal road,seasonally maintained ( ) ( ) Other public road ( ) ( ) Right Of Way ( ) ( 1 Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( Privately owned and operated individual well ( x ) n/a ( ) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) 10. What type of sewage disposal is proposed: (check appropriate space) TYPE. PROPOSED LOT RETAINED LOT Publicly owned and operated sanitary sewage system ( ) ( ) Privately owned and operated individual septic tank ( x) n/a ( Privately owned and operated communal septic system ( r ( ) Privy ( ) ( ) Other means (specify) 11. When will water supply and sewage disposal services be available? existing systems 12. What is the existing Official Plan designation(s)of the subject land? Agricultural 13 What is the existing Zoning designation(s)of the subject land? Al 14. Has the subject land ever been the subject of an application for approval of a plan of subdivision under the Planning Act? Yes ( ) No (x ) Unknown ( ) If Yes,and known,provide the application file number and the decision made on the application 15, If this application is a re-submission of a previous consent application,describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes i ) No (x ) Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 122 of 334 -3- (b) If the answer to(a)is Yes,please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Date parcel created Severance File No. 17. if this application is for a lot addition,has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No ( ) if Yes,provide the previous severance File No. 18, If this application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. Dwelling is surplus to farm operation other roll #s include; 00214400, 00302500, 00802200, and 00211701 Bayham OP was amended to permit this severance by OPA No. 13 Approved by Elgin County 19. Is the owner,solicitor,or agent applying for additional consents on this holding simultaneously with this application,or considering applying for additional consents in the future? Yes ( ) No (x) 20. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the County for approval? Yes ( ) No (x ) see above If Yes,and known,specify the County file number and status of the application 21. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment,minor variance,or approval of a plan of subdivision? Yes (x ) No ( ) If Yes,and known,specify the appropriate file number and status of the application Being submitted nth this aulicating 22. Is the application consistent with policy statements issued under subsection 3(1)of the Planning Act? Yes (x) No ( ) 23. Is the subject land) within an area designated under any provincial plan or plans? Yes No If yes,does the application conform to or conflict with the applicable provincial plan or plans 24. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 25. The Owner/Applicant/Agent hereby consents to disclosure of the information contalnea in this Application pursuant to Section 32(b)of Bill 49.Chapter 63,S.O.1989.being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 123 of 334 4- 26. SKETCH: The application shall be accompanied by a sketch showing the following: the boundaries and dimensions of the subject land,the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; the distance between the subject land and the nearest township lot line or landmark,such as a railway crossing or bridge; the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application,such as buildings,railways,roads,watercourses,drainage ditches,nver or stream banks, wetlands,wooded areas,well and septic tanks; - the existing use(s)on adjacent lands; - the location,width and name of any roads within or abutting the subject land,indicating whether it is an unopened road allowance,a public travelled road,a private road or a right of way, - if access to the subject land is by water only,the location of the perking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Dated at the Municipality. of Central Elgin this I P ;day of 41.3)^* t) 2015 SIGNATURE OF APl'LI(NT(S),SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION I/We David Roe of the of in the County of Norfolk solemnly declare that all the information contained in this application is true,and INVe make this solemn declaration conscientiously believing it to be true,and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE.ACT. DECLARED before me at the Municipality of Central Elgin in the County of Elgin 1644- ---- Sietiktture this day of Nee,. .t~)1:('+_ Signature 20 15 __4. •.na.eA�owwr.� pp�islarr,�.OwlYd4M"tr 1h�4bpMon Mu* Wm. A Commissioner,etc. ; °o"'°""""'""�'` If this application is signed by an agent or solicitor on behalf of an applicant(s),the owners authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal,if any,must be affixed. It is required that one copy of this application be filed,together with one copy of the sketch described, with the responsible person,accompanied by a fee of- $1,000.00 in cash or by cheque made payable to TREASURER,COUNTY OF ELGIN An additional fee of$250 00 will be charged for affixing the consent stamp. Revised December 2014 Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 124 of 334 APPENDIX"A" The County of Elgin Land Division Committee requires that,in addition to the"Application for Consent°,the following information be completed for all applications: 1. Are there any barns located within 300 metres of the subject of this application Yes ( ) No ( x) If the answer is YES"are these barns: Now used for:ivestock? Yes ( ) No ( ) ii) Capable of being used for livestock? Yes ( ) No ( ) �TE:If your ani+ d"YES"to#1.PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED 1 BY APPLICANT AGRICULTURALSQpE OF PRACTICE FORMULA ONE DATA SHEET TO CALCULATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR NON-FARM USES ESTABLISHING OIC EXPANDING IN CLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS In order to calculate the minimum distance separation,the following information Is required for each livestock facility within 300 metres of the proposed severance and located on a separate lot: NAME — TELEPHONE TOWNSHIP LOT CONC, TILLABLE HECTARES(where livestock facility located) Type of Livestock Maximum Housing Capacity i Mwi ae Sys m. 1 Housing System Number per Year Liquid Semi- Dry I check type i , Solid , DAIRY 0 Cows 1 , Tie Free Loose • Steil Stall 0 Heifers I 0 -Ives I BEEF Open Lot Total 0 Cows 1 &Barn Confine- 0 Calves ment C Feeders 10 400-750 lb. '1 400-1100 lb. 0 750-1100lb 1 SWINE t H Sows I i i 10 Boars i 10 Weanlings .In Fee.-rs POULTRY Caged On Floor Laying Hens O Breeder Flock O Pullets 0 Chicken Broilers r Turkey Broilers 0 Turkey Hens I O Turkey Toms , C Roesler& JUNK-Females — __ HORSES __j SHEEP-Rams&Ewes Ir 1.111.1111111.RABBITS ' VEAL CALVES l (- OTHER l Enr MANURE STORAGE: DRY Open Pile Covered Pile SEMI-SOLID Open Pile _ Storage with Buck Walls LIQUID Covered Tank Open Earth Sided Pit Above Ground Uncovered Tank Below Ground Uncovered Tank Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 125 of 334 x) 0 0 a C7 u, 0 Jl cr4 PD On Ess�tiais 55738 Calton Line LY-at=1L.Avon u ainttt - f. - Gngq.iona Uninlu.17! a. ,.,t r ., . I -fer FPay Fng t,R-'Vienna N ya f. . +4(+ F-_ VGertLana- �,4.47'r+y 71 -- a, •: Pert:d...ace r' ,!{ '' •��. r •"• 1 Legend a • ,r Jq2 r image ^ '. tF a } H•E. Coity 1 l • 4 . .e , • .ii"..4.1 kW, nano 4 Woi1 I Street Map - *. �+ • _, i / f Severed Parcel �\` t7G --- `-4 r . ..tr! y. rri • ! d• Retained Parcel /!/ ` / eir r' , � r• " 1* . , H-House i All . t S-Shed 1^ r1l g.y ` 1 r / y *r ` J fir L. _ i •i . 5 - ••'•- , ._ jT ` i :IA.- it t t. 1 T rs $1-7MI � Lf_- 14,710 Notes .-:. tens WA 7L231.6.3, 112,1018—. N 4t 47Ftp .. _._... emTha map is a user gem,ated sial"output from an lydemal mnoPoe site nod to for Marano*my.Data tayera Wel appear on the map ere.army Mf 6a WGS 10e.Web Metcabr Auuliary.Saner:, accurate,current,Of.a pitta:e reliable. 0 r'LaaNtAeOee aptaca Group LOC. ORS ASAP IS NOT T4 BE 118.0 t OR 1.44.14.34/1024 t./J W CD0 a C7 cf ct 0 J. cr rG0°`a'0p" 55738 Calton Line no I Essentials /.//-—/r/ 9 ail 4 .. ltd 3 y' ofi- . Legend �4 .j1 P Imago 1, V .� tt' !'! Jr� t Mw CIMS '�r {'r} i If I •.- 1, World 51reet Map a� 3 + Z."' r- . , r`. P1 i ti: t> Sever t'arcel \\ PRetained Parcel /// fro • I/.,,,,.... • { 1 H-House 7� Wit ,/ S Shed J ,itire Sp Septic i f,r le 3 111401A 4 ,. . . g .....,..., 5,. lir i 1 .. , ,,, , •It, a, , . 4 ,...--- -.. ... 1 -.... I � y� "4' 1yS58ta -yy !''p 4 i , . f Y +h Y^ [ ar 1:3,677 i v Notes 1868 r� 93.44 196.8 M/den WA �, �� T 1 �� f tae mac,Is a user gensfnEnd static output trdrn an C.nont ranpp na*no and N �V C Ian r$tnrenoe andy Dia I?ygro dull appear on Win rnap may an may not bn PP-S 1!84 VA l`M'rcalor_Aandlary Spher0 normla,cureni,oral/manse rabble L ,1919Hta i3l'9rapt443Omman 1 fs .....-- P-103 MAP 1S 1401 10 e. US'DI•)H NAVICA.t0N O ' - w w AUTHORIZATION TO APPOINT AN AGEN' NOTE:This form is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: RAyhAm S:nnreF.inn 5. Lots 13 & 14 55738 Calton Line I/We,the undersigned,being the registered owner(s)of the above lands hereby authorize David Roe of Norfolk County to: (Agents Name/Names) (Agents City/Town of Residence) (1)make an application on my behalf to the County of Elgin Land Division Committee; (2)appear on my behalf at any hearing(s)of the application-and (3)provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated atthe Municipality of Bayl-am SSE .]x. �.. this day of ey 20 13 ": �L.r^• Signature of WjEfiess Signature of QWrJer Z Signature of Witness nature of Owner j Signature of Witness Signature of Owner Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 128 of 334 r� IBI GROUP 203-350 Oxford Street West B I London ON 6 1T3 Canada l 519 472 7328 fax 519 472 9354 ` ' ibigroup.com Memorandum To/Attention Municipality of Bayham Date October 24,2014 From Derek Dudek,MCIP RPP Project No 3404-587 cc Steno dd Subject Application to Amend the Official Plan&Zoning By-law#Z456-2003- Pt. Lot 13&14,Concession 5,55738 Calton Line;and Official Plan Section 2.1.7 Surplus Farm Dwellings Introduction 1. We have completed our review of the application to amend the Official Plan of the Municipality of Bayham submitted on behalf of Bill Ringland,in support of a proposal to sever a surplus farm dwelling that does not conform to Section 2.1.7 of the Official Plan as a result of the age of the building,and location of the base farm dwelling of the farm operation to which the lands are being consolidated. The subject lands are located in Part Lot 13& 14,Concession 5,on the north side of Calton Line,at the intersection with Bogus Road,and known municipally as 55738 Calton Line in the geographic Township of Bayham. The purpose of the Official Plan amendment is to permit a site-specific exemption within the "Agriculture"land use designation. The subject lands are designated"Agriculture"in the Official Plan and zoned Agricultural(Al)in Zoning By-law#Z456-2003. 2. In addition,to the site-specific request in the application,the applicant is requesting consideration of general amendments to Section 2.1.7 of the Official Plan which fulfill the intent of the site specific amendment and would apply to any applications for the severance of surplus farm dwellings moving forward. This report will look at both matters to determine the most prudent path forward for both the individual landowner's request to sever a surplus farm dwelling and the general amendment for the Municipality. Provincial Policy Statement 2014 3. All Official Plan amendments"shall be consistent with the Provincial Policy Statement 2014. The PPS,in Section 2.3.4.1 c)provides direction with regards to the creation of lots in prime agricultural areas where a residence surplus to a farming operation is created due to farm consolidation.The nature of the proposed consent conforms to the intent and definitions of the PPS,given that the owner of the subject lands presently owns multiple other farm parcels in Bayham to be operated with the subject lands as a viable farm operation. In addition,the PPS states that any such form of lot creation may only be permitted provided that: a) The new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services;and The proposed lands to be severed are approximately 5200 m2(1.3 acres)in area. Severances in the County of Elgin are typically within the range of 1.0 to 1.5 acres in 151 Group is a group of fins providing professional services and is affiliated with IBI Group Architects Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 129 of 334 181 GROUP MEMORANDUM 2 Municipality of Bayham—October 24,2014 size. In this instance,a request of 1.3 acres has been made due to the good condition and desire to include the existing easterly accessory building on the severed lot.It should be noted that landscaped open space is present along the rear of the lot,but is not included within the proposed severed lands.This is due to their generally flat topography and ability to be converted back into agricultural lands. b) The planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the province,or based on municipal approaches which achieve the same objective. All such consent applications in Bayham require a Zoning By-law amendment application to be submitted to prohibit the construction of any future dwellings on the retained lands. County of Elgin Official Plan 4. Any amendment of the Bayham Official Plan must conform to the intent and purpose of the County of Elgin Plan.Section E1.2.3.4 of the County of Elgin Official Plan states that: "new lots may be permitted if the local Official Plan supports their creation and if....b)the lot is to be created to accommodate a habitable residence that has become surplus to a farming operation as a result of a farm consolidation provided that the development of a new residential use is prohibited on any retained parcel of farmland created by the consent to sever, unless the retained parcel is the product of the merging in title of two adjacent agricultural parcels in which case a dwelling unit would be permitted as part of the operation;" The proposed severance meets the intent and purpose of the policies given that the severance of the subject lands is the result of the consolidation of multiple farm properties under same ownership,and Bayham requires a zoning by-law amendment for the retained farm lot to prohibit new farm dwellings. Site-specific Official Plan and Zoning By-law amendment —55738 Calton Line 5. The applicant resides on a 1.25 hectare(3.12 acre)lot in the Village of Vienna. The farm operation consists of three farm parcels totalling 73.8 hectares(182 acres).Together the retained parcel and two other farm parcels will become one farm operation. The applicant also owns another non-farm parcel of 0.8 hectares (3.5 acres)on Calton Line. There does not appear to be any farm buildings associated with j ,t this consolidated farm operation on any of the -- _ three agricultural parcels.The proposed � E. s. severed lot would be 3172 m2(0.8 acre)in area '"- • with a frontage of 52 metres and a depth of 61 metres.The parcel is characterized as a rectangular shaped lot with an existing dwelling,above ground pool,and shed. The remaining portion of the subject lands are characterized as landscaped open space with no Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 130 of 334 IBI GROUP MEMORANDUM 3 Municipality of Bayham—October 24.2014 cultivated areas proposed to be removed as part of the new lot creation. The proposed retained lands would be approximately 22 hectares(54 acres)and are characterized as cultivated field(approx 63%)with significant woodlands(approx 27%)associated with the Big Otter Creek Valley located near the north end of the parcel approximately 350 metres from the proposed severed lot. The proposed retained lands appear to be vacant. Surrounding land uses are primarily agricultural and wooded open space in all directions, with some scattered estate non-farm residential uses in the general vicinity. A similarly sized estate lot lies immediately east of the proposed severed lot,which was previously severed from the subject agricultural lot. 6. Section 2.1.17 states that applications for consent to sever and convey dwellings that are rendered surplus needs of a farm operation may be permitted subject to several criteria.The policy states that farm consolidation may result in the identification of existing farm dwellings that are rendered surplus to the consolidated farm operation. Consents to sever and convey existing farm dwellings which were built and occupied before the adoption of this plan(July 5,2001),and which are surplus to a consolidated farm operation,may be permitted within the"Agriculture'designation in accordance with the following criteria.It should be noted that the applicant is applying for relief from the occupied dwelling date above which was issued for the subject dwelling on March 31,2003. An analysis of this matter will be addressed in Paragraph 5 below.Our analysis of the criteria is as follows: a) In the opinion of Municipal Council,a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands; As indicated,the retained lands are vacant and would not be conflicted by the severance of this dwelling. Based on aerial photography,the existing dwelling appears to function separately from the surrounding agricultural lands,includes no farm tf Sed buildings,and is adjacent to a similar non-farm dwelling on a separate lot. b) Only one surplus farm dwelling may be severed pursuant to each corporate farm /] �1 consolidation; The applicant is pursuing the severance of only one surplus farm dwelling and no other dwellings exist on the subject lands. c) A minimum of one existing farm dwelling within the Agriculture"designation in the Municipality of Bayham must be retained by the proponent corporate farm operation,or a registered owner of the proponent corporate farm operation; This is the other area of consideration for relief being applied for by the applicant. Full analysis will be addressed in the general amendment section in Paragraph 7b). d) No more than one severance of a surplus dwelling shall be allowed from a farm parcel regardless of changes in boundary or ownership. As noted,the easterly adjacent dwelling appears to have been severed from this farm parcel. However,the Al zoning on this parcel suggests it was severed prior to the current Official Plan or Zoning By-law being in force and effect and may have been severed under separate circumstances. The severed lot with the surplus farm dwelling shall: ii a) Be no larger than is necessary to support a private sanitary sewage treatment and disposal system as determined by the appropriate approval authority,and be serviced by a potable water supply; Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 131 of 334 IBI GROUP MEMORANDUM 4 Municipality of Bayham—October 24,2014 The subject lands are 3172 m2(0.8 acres)in area which is in the appropriate range to provide adequate area for servicing and amenity area for privately serviced lots in the rural area. b) Meet the provisions of the MDS 1; There are no livestock buildings or manure storage facilities on the proposed retained lands. c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the Municipality of Bayham; As a condition of consent the applicants will be required to submit a Zoning By-law 11\\ amendment application requesting a zone change from Al to RR for the severed lands. The severed lot with the surplus farm dwelling may: a) Include accessory buildings and structures if in the opinion of Municipal Council a land use conflict will not be created;and A small shed is located on the east side of the lot. No information was provided with the Official Plan amendment application to ensure that it meets the requirements of the Zoning By-law for location. L /11 b) Where the property has been rezoned to prohibit the keeping of livestock ��\ This criterion has been subsequently addressed by the Municipality by allowing a small complement of livestock in the RR Zone where it can meet MDS II setbacks. While the C4 applicants have not indicated any livestock uses,Section 7.11.1 of the Zoning By-law � would effectively control future livestock uses in a manner which protects surrounding (- 0 land uses. l All parcels of property constituting the retained agricultural lands shall: a) Comprise a total minimum area in the same name and title of 20.0 hectares(50 acres)if zoned Agricultural(A1)or 40.0 hectares if zoned Agricultural(A1-A); The proposed retained lands are zoned Agricultural(Al),and at approximately 22 hectares in area would be larger than the required 20.0 hectare minimum. b) Meet the provisions of the Agricultural(A1/Al-A)Zone regulations of the Zoning By-law of the Municipality of Bayham; The proposed retained lands do not meet the meet the minimum lot frontage requirements of the Al Zone at approximately 120 metres,where 150 metres is • required.The limited lot frontage is the result of a previous consent on the original farm parcel. However,if merged with the adjacent parcel,all zoning regulations would be met. c) Be rezoned to prohibit the placement,development,or establishment of any additional type or form of residential dwelling units thereon,regardless of changes in property boundary or ownership. • The applicant,as a condition of consent,will be required to submit a Zoning By-law amendment application,requesting a zone change to the Special Agricultural(A2)Zone, which prohibits new residential dwellings on retained agricultural parcels. Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 132 of 334 IBI GROUP MEMORANDUM 5 Municipality of Bayham—October 24,2014 General Amendment—Section 2.1.7 7. This section will address five separate criteria under Section 2.1.7 of the Official Plan that serve to address both the Ringland Official Plan amendment application being 1)age of dwelling,and 2)primary farm dwelling location;as well as three additional criteria recommended by the applicant being 3)number of severances per farm consolidation;4) MDS policy as it relates to surplus farm dwelling severances;and 5)minimum lot area for retained agricultural parcels following the severance of a surplus farm dwelling. Our analysis of these five issues is as follows: a. Age of dwelling(Section 2.1.7.1)—The Plan currently defines a surplus farm dwelling as being occupied before July 5,2001 (date the Plan was adopted). The request is to change this definition to be a"rolling"date,being 10 years prior the date of application to sever. A cursory review of the other rural municipalities in Elgin County indicate that Malahide,Dutton-Dunwich,and West Elgin use a ten year "rolling"date,while Central Elgin and Southwold include no reference to the required age of dwelling. The Elgin County Official Plan supports the severance of surplus farm dwellings but refers to the lower tier official plans for further direction. Conversely, Norfolk County to the east uses a much older date of August 24, 1978 in an attempt to reduce the number of surplus farm dwelling severances. Oxford County to the north references the date of Official Plan adoption(December 1995) similar to Bayham.Keeping the date found in the Plan will discourage new non-farm severances and encourage development within Villages and Hamlets. Moving to a "rolling"date will allow more farm dwellings to be severed after 10 years. b. Primary farm dwelling location(Section 2.1.7.1 c)—The Plan currently requires the primary farm dwelling to be located within the Agriculture designation and be within the Municipality of Bayham.In the case of the applicant,their primary dwelling is in the Village of Vienna. This policy was carried forward from the previous Township of Bayham Official Plan with the intent of discouraging absentee farm ownership or owners who do not operate a farm. It is our land use planning opinion that the primary farm dwelling of a local farm operation could be located outside the "Agriculture"designation,but within the Municipality and achieve the same intent of the policy. c. Number of severances per consolidation(Section 2.1.7.1 b)—The intent of this policy is not to restrict farmers from pursuing multiple severances on different properties,but rather to restrict multiple severances on the same parcel. This is similar to Section 2.1.7.1 d),with the sole difference being that subsection d)is intended to address multiple severance requests on the same farm property over time.The intent is to prohibit multiple surplus dwellings being severed each time there is a change of ownership. There is an opportunity to combine these two criteria to clarify and more accurately reflect past practice. d. MDS policy(Section 2.1.7.2 b)—The request for this policy is to simply clarify that MDS 1 only applies to the severed lot and livestock!manure storage facilities on the retained lands to be consistent with the published Minimum Distance Separation Guidelines by the Ontario Ministry of Agriculture, Food,and Rural Affairs. We have no issue with any such amendment as it is consistent with current practice by the Municipality. e. Minimum retained lot area Section 2.1.7.4 a)—This criterion was a specific request by the Ministry of Municipal Affairs to recognize the different lot areas recognized for Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 133 of 334 ISI GROUP MEMORANDUM 6 Municipality of Bayham—October 24.2014 agricultural parcels in ZBL#456-2003. We would agree that the intent is captured in the following criterion relating to meeting the provisions of the Zoning By-law,and that the criteria for retained parcels could be modified to eliminate redundancy and provide clarification. Conclusion 16(6 8. Based on our review of the Provincial Policy Statement 2014,County of Elgin Official Plan, and Municipality of Bayham Official Plan and Zoning By-law#Z456-2003,we would have no c_l3 objection to a single general amendment to Section 2.1.7 of the Official Plan to oVA accommodate both the specific Ringland proposal,as well as to address all future n01--ti 11 applications for the severance of surplus farm dwellings moving forward. A draft r amendment is attached for consideration. This report,and supporting documentation should )Vibe forwarded to the County in accordance with the Pre-Consultation policies of Section F8.4 of the Elgin County Official Plan. A description of next steps,including public notification and meetings for any such changes will be provided following the meeting with the County. 12-11 72Ail IBI GROUP Derek Dudek, MCIP, RPP Associate Consulting Planner to the Municipality of Bayham Attachments J:434041Tasxs\58Y Ringland_SFD OPAIPTMdngland_finaI2014-10-24.docx12014-11-06YWU Report DS-50/15 by Margaret Underhill Deputy Clerk/Planning ... Page 134 of 334 Subject:Ontario Medal for Good Citizenship-nominations due July 17 The Ontario Medal for Good Citizenship recognizes individuals who, through exceptional long- term efforts, have made outstanding contributions to their communities. Anyone living in Ontario is eligible for this medal, including federal, provincial and municipal representatives who are no longer in public office. Each nomination must include the following: • Description of achievement (8000 character maximum)describing: ➢ an achievement which emphasizes and encourages the virtue of good citizenship by showing that the individual being nominated exemplifies that virtue; ➢ the impact of the achievement and how the achievement enriched the lives of others; ➢ what made this an outstanding achievement- indicate any extraordinary circumstances or challenges the nominee faced, if applicable include statistics or historical background; ➢ how the nominee has touched the lives of others or their life; ➢ examples of ongoing leadership and dedication; ➢ how long you have known the nominee; ➢ when the achievement was initiated and completed. • A minimum of(2)two signed testimonials from (2)two separate individuals, other than the nominator, who have direct knowledge of the value and impact of the achievement and who support your nomination. Please ensure that the contact information (address, telephone number and email)for the testimonial writers is included in the letter. •Additional material (optional)such as supplementary testimonials, publications, media stories, etc. Nominations need to be submitted by July 17, 2015. For more info and a copy of the nomination form, go to: http://www.citizenship.gov.on.ca/english/citizenship/honours/qoodcitizenship.shtml Jo-Ann Hutchison Regional Advisor, Regional Services Branch Ontario Ministry of Citizenship, Immigration &International Trade Ministry of Tourism, Culture&Sport 659 Exeter Road London, ON N6E 1L3 Ph: 519-873-4519 or 1-800-265-4730 Fax: 519-873-4061 Email:jo-ann.hutchison@ontario.ca www.citizenship.gov.on.ca. www.mtc.gov.on.ca www.grants.gov.on.ca Ontario Medal for Good Citizenship nomination information Page 135 of 334 Ministry of Energy Ministere de l'Energie 32 Office of the Minister Bureau du ministre ,— * — 4th Floor,Hearst Block 4'etage,edifice Hearst 900 Bay Street 900,rue Bay Toronto ON M7A 2E1 Toronto ON M7A 2E1 Ontario Tel.: 416-327-6758 Tel 416 327-6758 Fax: 416-327-6754 Telec.:416 327-6754 MC-2015-1014 June 18, 2015 His Worship Paul Ens RECEIVED Mayor Municipality of Bayham JUN 2 5 2015 9344 Plank Road PO Box 160 '' ?„`' .tt °;•.^-�r� Straffordville ON NOJ 1Y0 �`SAM Dear Mayor Ens: I am writing today to provide you with an update on the initiatives the Ontario government is taking to give municipalities more information and control around local energy planning. Our government remains committed to building a cleaner energy system in Ontario in a way that respects communities and builds on their collective success. To do that, we know municipalities need a strong voice in the development of energy projects and we continue to take steps to make that happen. As we continue to implement Ontario's 2013 Long-Term Energy Plan (LTEP), we have made important changes to increase the role of municipalities in the development of energy projects. I believe that these initiatives and activities demonstrate the Ontario government's desire to work with municipalities on energy issues. Regional Electricity Planning Regional planning is a key feature of the 2013 LTEP. In December, I noted that changes introduced by the Ontario Energy Board (OEB) in 2013 formalized the regional electricity planning process by ensuring that transmitters, distributors and the Independent Electricity System Operator (IESO) work closely to identify solutions for regional electricity needs and encourage greater municipal involvement and public participation. I encourage you to visit the IESO's website at http://www.powerauthority.on.ca/power- planning/regional-planning or Hydro One's website at www.hydroone.com/regionalplanning/Pages/home.aspx to learn more about current and upcoming regional planning activities and view a map of Ontario's electricity regions. Ministry of Energy re local energy planning Page 136 of 334 2 To make sure their voices are heard, municipalities will continue to be asked to actively participate in electricity planning and siting activities, in particular where integrated plans—which consider conservation first, before generation, transmission and/or distribution options—are being developed. Planning is already underway or complete in 14 of Ontario's 21 electricity regions. Planning in the remaining seven regions will be undertaken by 2018, and all regions will be assessed every five years, or sooner as needed. As of April 2015,the IESO has released eight integrated plans where needs were identified. The IESO may have already engaged your municipality as it develops integrated plans. This presents an opportunity to work directly with the IESO, key electricity stakeholders and the public to contribute to regional-level planning and identify the right solutions for your communities. Alongside this co-ordinated work, I would encourage you to continue planning for your local electricity needs, working with your local distribution company and other partners to do so. Municipal Energy Plans In the 2013 LTEP, the province committed to putting conservation first. Putting conservation first means ensuring conservation is the first resource considered before building new generation and transmission facilities, wherever cost-effective. Conservation is the cleanest and cheapest energy resource and it offers consumers a way to mitigate their energy bills. To continue our efforts to put conservation first, our government is supporting local community energy planning and engaging municipalities through the Municipal Energy Plan (MEP) program. Launched in 2013,the MEP program supports municipalities' efforts to better understand their local energy needs, develop plans to meet their goals, and identify opportunities for energy efficiency and clean energy. Municipal Energy Plans are voluntary and look at all energy uses throughout a community including the residential, commercial,transportation, institutional and industrial sectors. This differs from the mandatory Broader Public Sector Energy Conservation and Demand Management Plan requirements for municipally-owned buildings under Ontario Regulation 397/11. For more information about Ontario Regulation 397/11, please see the Broader Public Sector Energy Conservation and Demand Management Plans section below. MEPs will help municipalities: • assess the broader community's energy use and greenhouse gas (GHG) emissions; • identify opportunities to conserve, improve energy efficiency and reduce GHG emissions; • consider impact of future growth and options for local clean energy generation; and • support local economic development. Ministry of Energy re local energy planning Page 137 of 334 3 I recently sent a letter to the Association of Municipalities of Ontario clarifying that the MEP program is available to all Ontario municipalities, including large single tier and regional municipalities. The program offers two funding streams: 1. Development of a New Municipal Energy Plan: Successful applicants will receive 50 per cent of eligible costs, up to a maximum of$90,000. 2. Enhancement of an Existing Energy Plan: Successful applicants will receive 50 per cent of eligible costs, up to a maximum of$25,000. The province is currently funding nine municipalities under the MEP program. Guidelines and the application form are available at www.energy.gov.on.ca/en/ municipal-energy/. Broader Public Sector (BPS) Energy Conservation and Demand Management (CDM) Plans Starting in 2013, municipalities and other BPS organizations were required by regulation to: • report their annual energy consumption and GHG emissions to the province and make that information publicly available; and • develop five-year energy conservation and demand management plans and make those plans publicly available. The development and implementation of these plans will help municipalities: • reduce their energy consumption and GHG emissions; • free up resources for core activities; • support the development of a MEP; and • demonstrate leadership in sustainability. All BPS organizations, including municipalities, developed their first CDM Plans in 2014 and should be working toward implementing the energy conservation and demand management measures identified in those Plans. In 2014, 90 per cent of Ontario's municipalities reported their annual energy consumption and GHG emissions and nearly 80 per cent developed CDM Plans. Those that did not develop plans are encouraged to do so to benefit from improved energy management. Municipalities are currently working to report their 2013 energy consumption and GHG emissions to the Ministry by July 1, 2015. A number of resources including webinars, videos, guides and tools have been created to help support reporting. Ministry staff have been in touch with officials in your municipality to ensure they are aware of the regulation's reporting requirements and the resources available to help meet the reporting requirements. Questions about the regulation and its reporting requirements can be sent to BPSSupport@ontario.ca. Should you wish to speak with ministry staff about the MEP program or the BPS reporting requirements, please feel free to contact Jennifer Block, Director, Conservation Programs and Partnerships Branch, Ministry of Energy by email at jennifer.block@ontario.ca or by phone at 416-212-9267. Ministry of Energy re local energy planning Page 138 of 334 4 Renewable Energy Building clean, reliable and affordable energy in a way that respects communities is a top priority for Ontario. The province is working with municipalities and renewable energy project developers to help ensure that cost-effective and well-supported projects are developed. We're doing this by providing municipalities with a stronger voice in the development of large renewable energy projects. The IESO consulted extensively with the public, municipalities, Aboriginal communities and other groups on the design of the new Large Renewable Procurement (LRP) program. The LRP's mandatory engagement requirements are intended to facilitate early relationship-building between the developer and the local community, ensuring local needs and considerations are taken into account before a proposal is even submitted. To meet these requirements, a project developer must develop a community engagement plan, and hold at least one public community meeting and at least one meeting with the local municipality. The LRP program also includes rated criteria points for Aboriginal participation and community engagement over and above the mandatory requirements. This points- based system is intended to promote relationship building between the developer and the local municipality, and to provide additional opportunities for communities to raise local needs and.considerations. Proponents that can show they have a combination of municipal support, agreements in place with the municipality, and the support of abutting property owners would receive points to increase their likelihood of success in the competitive process. Information on the LRP program can be found on the IESO's website at www.ieso.ca/Irp. The LRP program improves the Feed-In Tariff (FIT) program, developed in 2009. We're encouraging municipalities to be active participants in FIT, which last year offered more than 300 contracts to projects that had municipal or public sector entity participation. Municipalities, local distribution companies, universities, colleges, schools, hospitals, long-term care homes, social housing projects and individuals are also eligible to participate in the microFlT program. By the end of 2014, more than 20,000 microFlT projects were online. More information on the FIT and microFlT programs can be found at http://fit.p owe raut h o r ity.o n.ca/. Energy East On October 30, 2014, TransCanada PipeLines Limited filed its application with the National Energy Board (NEB) to develop its proposed Energy East pipeline, which would carry Alberta crude oil across Ontario into Québec and onward to New Brunswick. Ministry of Energy re local energy planning Page 139 of 334 5 The project would have a total length of approximately 4,500 kilometres. As currently proposed, the project involves converting,from natural gas to oil service, one pipeline of the TransCanada Mainline that runs across the prairies and Northern Ontario to North Bay and on to Cornwall. In addition, there would be new oil pipeline construction in Alberta, Ontario (east of Cornwall), Québec and New Brunswick. Within Ontario, there would be approximately 1,928 kilometres of natural gas pipeline converted to oil service and 106 kilometres of new build oil pipeline. On April 2, 2015,TransCanada wrote a letter to inform the NEB it will make amendments to its Energy East application. The letter indicated that TransCanada will no longer build a marine oil storage terminal and export facility at Cacouna, Québec and was looking at alternatives. In a separate news release dated April 2, 2015, TransCanada also indicated the Cacouna alteration would contribute to the project's in-service date being revised to 2020, a delay of almost two years. Also, on April 2, 2015,TransCanada filed a letter with the NEB indicating that the company may be amending its Eastern Mainline Project application at a future date. As currently proposed, the Eastern Mainline Project is 245 kilometres of new natural gas pipeline between Markham and Cornwall. With Energy East's conversion of existing natural gas pipeline capacity to oil service,the Eastern Mainline Project is needed to ensure gas customers in eastern Ontario remain adequately supplied. Changes to the scope of the Eastern Mainline Project may have implications for Ontario natural gas consumers. The NEB is currently reviewing TransCanada's application to determine the completeness of the filing. The letters filed by TransCanada on April 2, 2015, suggest that the NEB may not be in a position to make a determination on completeness prior to the fourth quarter of 2015. Once the NEB completes its review of the application, it will issue a Hearing Order. The Hearing Order will detail the NEB's regulatory process and timelines. The NEB will then have 15 months to complete the hearing and provide its recommendations to the Federal Cabinet, which will have three months to review and make the final determination. The people of Ontario have important interests at stake in the proposed Energy East project and the province has applied to intervene in the NEB's regulatory process for both Energy East and the related Eastern Mainline Project. Given the significance of TransCanada's proposal and to ensure Ontarians have the opportunity to express their views, 1 asked the OEB to engage with municipalities, First Nation and Mats communities, stakeholders and the public to ensure this project is safe for the people of our province and the environment and beneficial for our economy, and to complete a report based on their findings. We initiated the OEB process to hear directly from all interested Ontarians. In addition, technical experts engaged by the OEB will help inform Ontario's position on critical matters such as pipeline safety and environmental impacts, and the impact Energy East will have on Ontario's natural gas consumers. The province's perspective on Energy East is that the reliability and pricing of Ontario's natural gas supply and ensuring the public safety of Ontarians are non-negotiable issues. Ministry of Energy re local energy planning Page 140 of 334 6 The consultation phase of the OEB's process has concluded. The OEB held meetings with communities along the pipeline route in 2014 and 2015. Stakeholder Forums were also held to get a broader perspective on issues like pipeline safety, natural gas market impacts, and the environment. Written submissions from interested parties were due to the OEB on April 24, 2015. The final reports of the technical advisors hired by the OEB have been posted on the OEB's website at www.ontarioenergyboard.ca/htmlfoebenergyeast/EEindex.cfm#.VT6YTZTXIdU. At this time, it's anticipated that the OEB will deliver its final report on Energy East to me in the second quarter of 2015. Ultimately,the OEB report will help inform Ontario's position on Energy East. We have made these important changes to increase the role of municipalities in the development of energy projects so that,together, we can fulfil the vision of the 2013 LTEP. I look forward to continuing to foster a strong working relationship with your municipality on our shared priorities and interests. Please accept my best wishes. Sincerely, C efit) d2':e4.iff:2_: . Bob Chiarelii Minister Ministry of Energy re local energy planning Page 141 of 334 Walk with Me: A Service Provider Networking Event Thursday September 24,2015 St.Thomas Senior Center 225 Chestnut Drive St.Thomas,Ontario,N5R 2B5 The St.Thomas—Elgin Local Immigration Partnership(STELIP),Elgin St.Thomas Public Health(ESTPH),and Canadian Mental Health Association(CMHA)Elgin Branch have partnered to host a unique opportunity for front-line service providers to come together to learn more about other services offered in the County. Outcomes: Be Prepared to: Front-line service providers that participate in • Participate in group discussions and this event will: activities • Discuss experiences you have had within • Enrich their understanding of local services the community and potential areas of • Strengthen working relationships and consideration increase collaboration between service • Meet and connect with new people in the providers community • Use these working relationships to provide • Be fully engaged in the process appropriate and accurate referrals for clients to other agencies What to Expect: • Benefit from professional development and learning The event is scheduled for the full morning and will include a variety of opportunities for networking Audience: and learning.The cost of the event is$10 per We kindly invite agencies to take advantage of this participant;payment is required to ensure your opportunity to ensure frontline staff,managers, Spot. and others take this opportunity to familiarize Participating agencies are invited to set up a booth themselves with the latest information of the for the service provider showcase as well.It is services and programs available to clients recommended that agencies send two attendees, unfamiliar with services and newcomers to Canada one to provide information at the booth,and by the different sectors and organizations. another to network with the other booths. Attendance of those professionals who have direct This year,after the event has concluded we will be contacts with clients is very relevant in order to offering additional interactive workshops for those enhance a referral system that is inclusive,caring, who are able to stay.The topics will be shared in and efficient. the registration package that will be sent in September. CANADIAN MENTAL HEALTH ASSOCIATION ST.THGMAS ELGIN Mental Health for All LGden Immigration Partnership Nuilcal IIm migr tionamp P da Itner r('ammunihe_ ELGIN ST.THOMAS PUBLIC HEALTH Walk with Me Networking Event information Page 142 of 334 .massa* . N • : 4 - . � �.� .-...� Save the Date r �i bI:R�i 'lti)�iilFii (IQ si �' SHOWCASE Ps 0 r • darn \\____iri\v7 i5PEts itiOtt NEo ,1NG i Building Welcoming, Caring and Inclusive Communities i ■ b (IQ iir CD 4 -1. St.Thomas - Elgin Thursday LoTc.sImMm'^� LnGr tnership o Local Immigration Partnership 24th W Phone:519-631-9800 ext.241 8:30-12:30 Fax 519-631-64I I CANADIAN MENTAL ELGIN ST.THOMAS Additional free workshops in P P HEALTH ASSOCIATION E-mail: hontarsteli mail.com PUBLIC HEALTH 1 afternoon Mental Health for All 1 MUSEUMS BAYHAM Minutes of June 10, 2015 Meeting Bayham Municipal Office,Straffordville,Ontario Present: Chair-Bev Hickey,Vice Chair-Chuck Buchanan, Secretary-Lynn Acre, Matt Schafer,Ray Maddox, Susan Start,Albert White,Ron Bradfield,Kimberly Legg. Regrets:Anna Schafer 1. CALL TO ORDER: Chairman called the meeting to order at 7:03 pm 2. DECLARATION OF PECUNIARY INTEREST: None 3. AGENDA: It was moved by R. Maddox and seconded by M.Schafer that the agenda be approved as presented. Motion Carried. 4. MINUTES: It was moved by L.Acre and seconded by C.Buchanan that the minutes of the May 14, 2015 meeting be approved as presented. Motion Carried. 5. CORRESPONDENCE: none 6. MATTERS OUT OF THE MINUTES a) Up-date on Colorful Communities Dulux Paint Give-Back: C.Buchanan reported that S.Start picked up the paint as well as a huge tub filled with scrapers, brushes, mixers etc. This project has been handed over to the Port Burwell Historical Society for implementation. Volunteers from the Polestars and from interested community members have been busy scraping and painting the shed by the lighthouse. A new window sill and soffit is ready for installation. S.Start will send photos of the progress to Dulux's Head office as requested. Chairman B.Hickey requested that an official "Thank You" from this committee be sent to Dulux Paint once the project is finished. Also he requested that a list of all participating volunteers be kept so that they can all be thanked somehow after the project is completed. b) 175th Anniversary Celebration of Lighthouse: S.Start reported that great TV coverage of the event was received from A Channel News. Also during Edison Fest some good promotion of the event took place with lots of interest. Joe Stephenson of the Otter Valley Photographers donated an attractive photo of the lighthouse. It was moved by R. Bradfield and seconded by C.Buchanan that we accept the donation of a framed photo of the lighthouse from Joe Stephenson. Motion Carried. Museums Bayham minutes of meeting held June 10,2015 Page 144 of 334 Museums Bayham Minutes June 10,2015 -2- 175th Anniversary Celebration of Lighthouse(continued) S.Start confirmed that Jeff Rogers will dress as Col. Mahlon Burwell who will walk in the parade, give a speech and act as MC. MP Joe Preston has since confirmed his attendance along with MPP Jeff Yurek, Elgin Town Crier Dave Phillips and Leroy Eicher the Amish carpenter who helped restore the lighthouse. The Shriners will try to attend for the parade. The students are excited to plan & create a collage of photos/articles about the lighthouse for the anniversary. Outside of the Marine Museum there will be face-painting and balloons. It was noted that this year's students are very good. c) London Boat& Fishing Show 2016:_B.Hickey will check with L.Millard to confirm that the $30.77 deposit has been sent to secure our booth. d) Student Reports: In regards to "Protective covers" for clothes while painting, C.Buchanan will order some paper coveralls from Staples and pick them up. C.Buchanan also volunteered to reorder postcards through the Port Burwell Historical Society. Committee members were pleased to see the visitor numbers were good; 162 adults &22 children. It was moved by C.Buchanan and seconded by L.Acre that the May 2015 Monthly Report be approved as submitted and that we recommend to Council that effective May 2016 the price of Adult Admission be increased to $3 (including HST) for each of the sites and the price of the Adult Combo Admission for both sites be increased to $5 (including HST). Motion Carried. e) Doors Open East Elgin 2015: On July 11 there will be Student staff on duty to welcome the visitors. f) Grants: B.Hickey reported that the following grants have been received; Young Canada Works— 1 student—for 12 weeks Canada Summer Jobs - 1 student—for 12 weeks Summer Job Service - 3 students - for 12 weeks (OMAFRA)Although we were approved for 5 students, and 5 students were hired, one of them left us to accept a job in Toronto. We currently have 4 students. Museums Bayham minutes of meeting held June 10,2015 Page 145 of 334 Museums Bayham Minutes June 10,2015 -3- NEW BUSINESS: a) 2015 Location of Edison Museum: On June 18 Bayham Council will finalize lease agreement for the current Elgin Ambulance building located on the main street, Plank Road, in Vienna. Elgin County's lease is paid through till September 2015 but they will be vacating the building this month. We will be using the space for a store-front display during July— Sept. It was suggested that a sandwich board sign and/or banner be placed on the building. b) Questions Regarding the Future of Edison Museum: i) Where to Store the Edison Artefacts if the Snow Street Building/Property Sells? It was decided to be proactive in planning where the Edison artefacts would be relocated rather than waiting until it became an emergency situation. Some suggestions were made, but all were problematic. ii) Where will the proceeds from the Sale of the Building/Property go? Is the property registered to return to the original donor if not used for a museum? M.Schafer will examine the original donation documents to see. Will the proceeds go into the New Edison Museum Building Fund? It was moved by M.Schafer and seconded by C.Buchanan that Museums Bayham requests confirmation from Bayham Council as to where the proceeds of the sale of the Snow Street Building & Properties will go. Motion Carried. c) Confirmation of Museums Bayham Membership: While we are pleased to learn that Council has decided to continue the existence of this committee, the committee respectfully requests confirmation of our individual appointments especially that of our newest member Kimberly Legg. d) Best Wishes to Chuck Buchanan: On behalf of all committee members, Chairman B.Hickey expressed"best wishes" and"speedy recovery"to C.Buchanan as he has cancer surgery on June 23. 9. NEXT MEETING: Wednesday, July 8, 2015, at 7:00 pm Municipal office. It was noted that Susan Start is appointed"acting secretary" in the absence of Lynn Acre for July's meeting. 10. ADJOURNMENT: Moved by R.Bradfield that the meeting be adjourned at 8:35 pm. Motion Carried. Chairman Bev Hickey Secretary Lynn Acre Museums Bayham minutes of meeting held June 10,2015 Page 146 of 334 NOTICE OF PUBLIC COMMUNITY MEETING FOR A PROJECT PROPOSAL UNDER THE LARGE RENEWABLE PROCUREMENT Erie Shores Wind Farm 2 The proponent identified below is proposing to submit a proposal to the Nco„o,,, ' ua«,e Independent Electricity System Operator(IESO)to design,build,and A l_ 1 u^4 Location I ".4iLiMr_ operate a Large Renewable Project for the generation of electricity -FA i i� �`.. "rr. lie ��, underthe IESO's Large Renewable Procurement(LRP). The LRP is a competitive process for procuring renewable energy 4 nroswwny_aI �t:`r�� i projects generally largerthan 0.5 megawatts(MW),At the conclusion of the LRP.the IESO may award contracts to successful projects up to the — „ _ specified procurement targets for each renewable fuel:300 MW for x` 3Star„ec wind. 140 MW for solar, 75 MW for waterpower, and 50 MW for —y m^.tc " i bioenergy. $ ( @ 'f, - s gt.�ti:�f This notice is being distributed to notify members of the public of a r . i public community meeting that has been scheduled to discuss the _ ; �`` ' l/ Large Renewable Project proposal. Information regarding the rw�.AN�a t proponent.the Large Renewable Project proposal,and the meeting ! j details are descn bed below. 111211MI "a4"er t1k>rfr.rr�a1 :;, This public community meeting is being held as part of the early ��, ap $ community engagement requirements of the LRP. The public - - community meeting will present details about the Large Renewable ,-4 •g. Project and its proposed connection line. Representatives of the -a proponent will be available to discuss the Large Renewable Project and the overall LRF process. Should this Large Renewable Project be awarded a contract,the Large Renewable Project would need to obtain - ail required permits and approvals and conduct any further required community engagement activities Further details regarding the LRP are available at www.ieso.ca:irp Proponent and the Large Renewable Project proposal Proponent: Erie Shores Wino Farm II Limited Partnership Qualified Applicant from the LRP Request for Capstone infrastructure Corporation Qualifications stage associated with the proponent: Name of the Large Renewable Project proposal: Erie Shores Wind Farm 2 Renewable fuel of the Large Renewable Project: On-shore Wind Proposed canacty of the Large Renewable Project(MW): Up to 70 MW Proposed connection point of the Large Renewable Project: WT1 A Proposed location of the Project and proposed connection line Ire project;tidy area,illustrated on the map.is lc.aced within the Township of Malahide and the Municipality of Bayham near the existing Erie Shores Wind Farm.The connection ling is proposed to run north and west from the project study area along the municipal road allowances to circuit WWT1A,Two connection line options are currently being considered. Public community meetinginfomnation PE I C E V E E) Location: East Elgin Community Complex Location: Eden andArea Community Centre I 1 531 Talbot Street.Aylmer,Ontario 56967 Eden Line,Eden.Ontario ,J U N 2 2 2015 Date: Wednesday,July 8,2015 Date: Thursday,July 9.2015 Time: 6:00pm-9:00pm Time: 6:00pm-9:00pm MUNICIPALITY OF P!" Contact information for the proponent David Eva.Vice President Erie Shores Wind Farm II Limited Partnership capCapstonePtertWesl,Suite 155 Wellington Street Wesl,Suite 2930,Toronto,ON f•15V Nil 14161649-1300 erieshores2rcapstoneinfra.com L.-kcAps-r-oNE www.capstoneinfrastructure comtarieshores2 POWER DEVELOPMENT Capstone Power Development re Erie Shores Wind Farm 2 Public... Page 147 of 334 44001%. „,,Ifir Habitat for Human Heartland Ontido Do you dream of owning your own home? But simply cannot afford it. Habitat may be able to help! $0 DOWNPAYMENT and 0% INTEREST MORTGAGES! Learn more about the Homeownership Program on Tuesday, July 7th, 2015 @ 12 noon or 6 pm at the St. Thomas Public Library in the Carnegie Room (153 Curtis St) or @ 3 pm at the Christian Reformed Church in Aylmer (194 South st.,W) Basic Eligibility Requirements 1. Do you have an annual household income between $25,000 and $60,000*?*depends on family size 2. Do you have satisfactory credit& manageable debt? 3. Are you willing to volunteer with Habitat and the community? Please RSVP to Chelsey at 519-814-0022 or cgedmonds@habitat4home.ca www.habitat4home.ca Habitat for Humanity re Homeownership Program Page 148 of 334 0 x PDNo Down Payment & Habitat Homeownership Benefits 0% Interest Mortgage + 48%say that their monthly costs are CD Z 'ft Habitat less as Habitat homeowners than as0 • renters ofor Humanity The Homeownership Program • 59%feel that they are in a better Heartland OntarioHabitat for Humanity Heartland Ontario's financial situation since owning a mission is to mobilize communities, Habitat home -z) • 65%of Habitat Homeowners volunteers,material and financial resourcesreport o that their children are happier,more oGOur to build homes for qualifying families who Do you dream of owning y outgoing and confident since moving home... need an affordable,safe and decent place g g i cannot afford It? to live. into their Habitat home but simply u Many Habitat parents say that their Bu¢1CIng I-lanes. children's grades had improved since Habitat may be able to help! foy moving into their new home Bu �rig I"�'e ' • 70%report that their family is healthier with less colds&flus, Please return the completed form to allergies,asthma,and stress in their Habitat for Humanity In a sealed envelope new Habitat home labelled'Family Services'to one of the '" following locations: Eligibility Requirement / '*‘„ 2-40 Pacific Court,London,N5V 3K4 1. Is your annual household income 14'71 between$25,000 and$60,000*? 245 Griffith Road,Stratford,N5A 6S4 2. Do you have satisfactory credit? '-d 6 rk1058 Parkinson Road,Woodstock,N4V 1G2 3. Do you have manageable debt? �. 5461:, 4. Do you have a need for improved co OR to Chelsey Gordon-Edmonds at: shelter? 5. Is your family willing to contribute Email:cgedmonds@habitat4home.ca 500 volunteer hours? ° -s, Ho rn a ow n e rs h i p Phone:519-814-0022 �' Fax: 519-455-8479 'depends on family size and needed bedrooms w Program The Pre-Application is available on the flip WWW.habitat4home.ca side of this brochure or online at www.habitat4home.ca. Ontario Provincial Police 0.P.P. Police provinciale de 1'Ontario 1 J.VN. (Vince)Hawkes Commissioner Le Commissaire file il: 614-00 June 26,2015 Mayors/Reeves Ontario Municipalities Dear Mayor/Reeve As Commissioner of the Ontario Provincial Police(OPP),I take this opportunity to inform you that,effective June 29,2015, Superintendent M.M. (Marc)Bedard will assume the role of Commander of the Municipal Policing Bureau(MPB). During his 25-year career with the OPP, Superintendent Bedard has developed excellent professional skills and advanced leadership and communication abilities. In his role as Director of Provincial Communications and Applications Support, Communications and Technology Services Bureau(CTSB),he championed a number of successful initiatives, including Civilian Data Entry implementation and the Citizen Self-Reporting Project, while continuing to look for efficiencies and service delivery enhancements for front-line officers and the citizens of Ontario. You may be assured that Superintendent Bedard will work diligently with municipal stakeholders to ensure transparent communication and efficient and sustainable police service delivery. I would like to congratulate Superintendent R.A.(Rick)Philbin on his promotion to Chief Superintendent and appointment as Commander of the CTSB. Since the implementation of the MPB, Superintendent Philbin has been working closely with many of you to assist with the transitioning to the new billing model and ensuring that your perspectives and needs are brought forward to OPP Senior Management and Ministry of Community Safety and Correctional Services(MCSCS)representatives. He has demonstrated exceptional qualities as Commander of the MPB and his hard work, dedication and commitment to innovation and efficiency will continue to serve the OPP and the people of Ontario in his new role. I also take this opportunity to thank you for your support and understanding with the implementation of the new billing model. Over the past year,the OPP and the MCSCS have been working closely with you to facilitate your transition and to ensure that the commitment to a transparent,fair and more simple billing model is met. 777 Memorial Avenue 777 avenue Memorial Orillia,Ontario Orillia,Ontario L3V 7V3 L3V 7V3 Telephone:705 329-6199 Telephone 705 329-6199 Facsimile:705 329-6195 Telecopieur 705 329-6195 Ontario Provincial Police re Commander of the Municipal Poli... Page 150 of 334 Mayor/Reeves Ontario Municipalities Page two Safe Communities ... A Secure Ontario and the assurance that municipal stakeholders' needs are met are our primary goals as an organization that is committed to working continually to earn the confidence of the citizens of and visitors to Ontario. Yours truly, .N ince)Hawkes, O.O.M. /nv Ontario Provincial Police re Commander of the Municipal Poli... Page 151 of 334 j' Hi!-.,. .r I u K J.�. `:y. 15 111 � 1. 'v__.:.I 7k_ft000 klerj Disaster Relief Committee 25sM,,:• III I'_.i_d _. :JI'"(I ',i( ?I:L-. _:!I RECEIVED JUN 3 0 2015 June 10,2015 MUNICIPALITY OF BAYHAM Dear Members of Council In April 2014,serious flooding around Stoco Lake and adjoining waterways resulted in thousands of dollars'worth of damage to local homeowners and businesses. The destructive waters forced residents to temporary shelters and many were faced with major renovations once they were able to return. At the request of the Municipality of Tweed,the Ministry of Municipal Affairs and Housing declared the region a "Disaster Area"for the purpose of the Ontario Disaster Relief Assistance Program.Under ODRAP,the province will top up funds raised to the amount that is needed to pay eligible claims at 90 per cent up to a maximum of 2:$1 ratio. A volunteer committee has been set up to spearhead the local fundraising effort.A tentative target of$40,000 has been set to provide assistance to homeowners whose essential property has been damaged in the flood. The Tweed area is predominately rural in nature and is not densely populated.For that reason,we know that the $40,000 goal is a challenge but one we are confident in reaching.Our fundraising campaign recently began and results are encouraging.For your information,I am enclosing a copy of our brochure. On behalf of the Tweed Disaster Relief Committee,I am asking municipal councils across the province to support our fundraising efforts by making a donation to this worthy cause.Contributions in any amount will be gratefully accepted. Cheques should be made out to;Tweed Disaster Relief Committee and mailed to the Municipality of Tweed,225 Metcalfe Street,Tweed On KOK 310. If you require additional information,please contact Betty Gallagher,Municipality of Tweed,at(613)478-2535. With our sincere thanks, Shelly Reed, Chairperson,Tweed Disaster Relief Committee Municipality of Tweed Disaster Relief Committee re fundraisi... Page 152 of 334 -4 cn r' a Municipality of Tweed cM .' ` Disaster Relief Committee Disaster0.Re- a. M �` _ -- 255 Metcalf St.,Postal Bag 729 Y + i ALF • . �1,; The_Municipality of-Tweed • Tweed,ON KOK 3J0tA cu r (613)478..2535 tlt Di =s : ct Relief Committee h s been fo k.' to responc .to comm ei ed aft ; tie t1 , , "" {Request for Support tseleretflooding in thing of 2 4 , ^ • i i Tweedand +ciao c"i'it 4 Community Support •r` -� - The Municipality of Tweed Manyfundr�aisin efforts are undet�vav h Disaste Relief Committee rs 1 fir? . and will be announced as events are co a O1�1ted lih' t �: ":; t � , (. c t�..�-�PP a --- .".:4-' j to t-usl1l'ess r ! llZed -. is f r ,.' ,{ ti : y"(, j , gip T" 'g3 r a' „0 , ce 41 _ . st y at X111 t � sv u h 3� •:el, }r r � nicipal Housing,,d-Affairs. " •' ,,. i -, !. ,.1 1 4 and o Ur, " �- i' ape (l*.nk you to-The Insurance rr:..x '�`'` ` � r,ra._ s i,:'„i',.., u'urT of Canada who has started our • �' ,. i. zitzn,ons and t'r et aber I ollo n ' i a " sir t by the ' 4 {ir .. r ' d [sing efforts off with a notable ... r �" '� rt7. "" ,a ' Ii financial.assistance. us dF :tion of$5,0�(3� , (;.'Y oS. �ITij17(1,4 ( 7C1n�and �ff T m1. t g4 A F the.Mu=ltcipauf 9, edDis r. . ._.ij)1.1 1,t t cl-- flood victims. t, • cadcial rr�ecls ot 1'r?c�4luntt i� b.. Relief C iuurel_ has . Ata tin 't,•,::.. - ? ; r = r.t"l' reg.h s Dis 1te of o k to Y final:tit3 goal. o --._us S•uLLOO 'Icir cznanu ore ui` fi aez : et? t ______4... isik ., , . . ., � . o we ar .seekin to rar;:e �.t.ju �4�cr 1 x�e gaa fc 201J. F. y 4i a" 4.a —r, i .• ccl r,r every dollar that' e raise, rhe y prcavin.ce will Irap up the required funds 0 Ott ;w '.! rano, 3 H w 0 0 o 0 I 0+ Claims Approvals di �8Q�t1TY°FT Q.7 Donations are eligible for a tax . �o cr) rn receipt,issued by the Municipality o Applications for funding assistance for ° z.:_:.. 0 of Tweed, the flood of 2014 have been completed 1998 tn '" a) +6 and submitted to the Project Manager a m and the Disaster Relief Committee. a I would like to make a donation 0 Mianit Iry,,,Iliy z'f Tm.c 1 el I0.-_ $20—$5� claims l:la:�:l,r.<1,;tr ud3ca.tr_cl 1: Disaster Relief eligible residents are awaiting relief m $100.,____. Other IY funding through the Ontario Disaster Committee ' mate Assistance Relief Program(ODRAP) 2 Name RE C EIV ED Address MUNICIPALITY OF BAYHAM j -5 Telephone ML1f1ICIpriiIty of Tweed Email Disaster Relief t ,. 5 — Committee - . ... Please make cheques payable to: 4 2 Municipality of Tweed Disaster Relief - - - °J Committee II Y a� cci Thank you for your support! 7g_2535 Q Request for Support 3 w 0 U 5 MSC E-Letter July2015 logc. lI "aEI Serving the Community since 1978 lair 1 l * 519-842-9000 • www.multiservicecentre.com Join us on Facebook ab Twitter Click on the icons on MSC home page Happy Canada Day!By chance,MSC's"birthday"is also in July-doors first opened that month in 1978.At MSC's most recent Annual Meeting,several employees received years of service awards,in the presence of this year's crop of summer students.Like Canada-a nation enriched by the diversity of its many immigrants and first nations peoples-our agency is blessed by the range of skills,talents and energy all age groups bring to the organization. Thank you to our many long-term employees and welcome to:Karlee,as she provides administrative support in our mall location;Breanne,as she assists sister corporation, Stonebridge Community Services and Meagan,who is working on several projects in the agency's adult literacy department.You make us better! What's Happening-keep checking the MSC website for details&updates • July 9: Trail Walk-Rainy Day BBQ.The Liv.Cen.,11.30 a.m.-1.30 p.m. Ext. 15o. • Oct. 1: Celebrate Tillsonburg. Organized by the Tillsonburg Resource Network. Successor event to the former Career Fair. Focus will be on community resources. • Ongoing: MSC Employment Services offer regularly scheduled programming. Lunch&Learn sessions also regularly scheduled. ProgramlAgency News&Info Adult Literacy&Essential Skills (ALES) • One of student Meagan's projects is a"Collection of Student Stories"booklet.This type of project helps to give voice to the program's adult students and requires much cultivation: encouraging students to share,ensuring privacy is respected and editing.Thank you Meagan! Employment Services (ES) • ES has been nurturing a'bike program'the last couple of years.All bikes are registered with the OPP.Thank you to them and the many donors to this program.So far,29 community members have been matched with bikes-opening up doors for them in job search and life! Home Support(HS) • It's easy to get lost in numbers.At the recent Strategic Planning sessions,Manager Diana H congratulated staff for doing extras- noting the Communty Workers who sing to clients,leave others"walking on clouds"(after foot care sessions)and help ensure Individuals maintain dignity and have choices in their final days(like wearing pink pajamas if that is their wish).Kudos! MSC Administration/Operations • Accreditation Update: On-site visit: October 26-28. • On PACE:At the June 16'"Strategic Planning session,Core Team members reviewed progress made on the Agency's"Strategic Directions","Big Picture Outcomes"and"Seven Areas of Effort". captured in the agency's Pace Card,first adopted in May 2014. • Social Committee:Thank you to committee members for many things:the'wellness'tickets, the BBQs,the Sundae Bars and the recent Summer Fun Basket Raffle-it is appreciated! Stonebridge(NBC's not-for-profit fee-for-service sister corporation) • Visit: www.stonebridaecs.com.Also see MSC's What's Happening page for more info. Giving • Thank you to the many supporters(and organizers and donors)of the June 3 Golf Tournament and the Silent Auction-which closed at the recent Annual Meeting(June 15-almost$3,000.00 raised!). Volunteering • These numbers were released at the Annual Meeting: MSC volunteers provided 9,828.5 hours of service in 2014/15-a 15%increase over the previous year.Many,many thanks! • Thank you to'Heart to Heart'and'Sing-Capella'for their performances at the Annual Meeting. Our Team likes this-a little blast from the past: • httDs://www.voutube_con wnxc3,?v=Id-aPitla3i MSC has been accredited through Accreditation Canada since 2003 /i1 96 Tillson Ave.,Tlllsonburg ON N4G 3A1 (in The Livingston Centre) 'ih\ "Someone You Know May Need Us" 8:30/6/15 mw MSC July 2015 E-Letter Page 155 of 334 Subject:Youth Opportunities Fund Expression of Interest due Sept 23 The Youth Opportunities Fund(YOF)provides grants and capacity building supports to community-based organizations and grassroots groups serving young people ages 12 to 25 who face multiple barriers to economic and social wellbeing.This Government of Ontario grant is administered by the Ontario Trillium Foundation. The Strategic Collaborations Stream supports collaboratives that are working to enhance the quality and responsiveness of services for young people facing multiple barriers.Initiatives funded through this stream are focused on improving systems of services and opportunities for marginalized youth. The Grassroots Innovation Stream creates opportunities for grassroots groups and youth-led groups to implement their bold ideas for how to shape and strengthen their communities.It is a chance for these groups to build skills,grow their networks,and to respond to issues in new and inspiring ways. The Expression of Interest is due Sept 23rd and for those who are invited to submit a full application,it is due Jan 6 at 5 p.m. For more information,go to:http://www.otf.ca/yof Youth Opportunities Fund re Expression of Interest Page 156 of 334 ONTARIO ENERGY BOARD NOTICE TO CUSTOMERS OF UNION GAS LIMITED Union Gas Limited has applied for pre-approval of the cost consequences of a long-term natural gas transportation contract with NEXUS Gas Transmission. Learn more. Have your say. Union Gas Limited has applied to the Ontario Energy Board(OEB)for pre- approval of the cost consequences of a 15-year gas transportation contract commencing on November 1,2017.Union Gas Limited estimates that the total cost over the 15-year term of contract will be$715 million.If its application is approved,Union Gas Limited says that the benefits will include: • increasing the security of gas supply • providing greater diversity of supply sources • supporting the liquidity of the natural gas hub at Dawn,Ontario • helping to lower natural gas prices and enhance price stability Union Gas Limited estimates potential gas cost savings of over$700 million over the term of the contract compared to current contracted supplies. THE ONTARIO ENERGY BOARD IS HOLDING A PUBLIC HEARING The OEB will hold a public hearing to consider the application filed by Union Gas.We will question Union Gas on the case.We will also hear arguments from individuals and from groups that represent the customers of Union.At the end of this hearing, the OEB will decide whether or not to pre-approve the costs as requested in the application. The OEB is an independent and impartial public agency.We make decisions that serve the public interest.Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energy services at a reasonable cost. BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this application and to be involved in the process. • You can review the application filed by Union on the OEB's website now. • You can file a letter with your comments,which will be considered during the hearing. • You can become an active participant(called an intervenor).Apply by July 22,2015 or the hearing will go ahead without you and you will not receive any further notice of the proceeding. • At the end of the process,you can review the OEB's decision and its reasons on our website. LEARN MORE Our file number for this case is EB-2015-0166.To learn more about this hearing, find instructions on how to file letters or become an intervenor,or to access any document related to this case,please select the file number EB-2015-0166 from the list on the OEB website:www.ontarioenergyboard.ca/notice.You can also phone our Consumer Relations Centre at 1-877-632-2727 with any questions. ORAL VS.WRITTEN HEARINGS There are two types of OEB hearings-oral and written.The OEB will determine at a later date whether to proceed by way of a written or oral hearing.If you think an oral hearing is needed,you can write to the OEB to explain why by July 22,2015. PRIVACY If you write a letter of comment,your name and the content of your letter will be put on the public record and the OEB website.However,your personal telephone number,home address and e-mail address will be removed.If you are a business, all your information will remain public.If you apply to become an intervenor,all information will be public. This rate hearing will be held under section 36 of the Ontario Energy Board Act,S.O. 1998 c.15(Schedule B). Ontario orano Ee�r commrssrooe re�e�re eonm as ro�reno Ontario Energy Board Noticeliagiett4610f 3Mnion Gas Limite... SAY REPORT ."1111,1)OF 1111 TREASURY DEPARTMENT 0so onjty TO: Mayor&Members of Council FROM: Lorne James,Treasurer DATE: July 16,2015 REPORT: TR-11/15 FILE NO. F03 SUBJECT: Municipal Auditor Appointment BACKGROUND: The appointment for the municipal auditor, Graham Scott Enns LLP, has now concluded with the 2014 fiscal year end. Council is required to appoint a Municipal Auditor commencing with the 2015 fiscal year. COMMENTS: It is common practice to appoint an auditor for a three to five year term based on the Municipal Act. Graham Scott Enns LLP has been the municipal auditor since amalgamation. Staff requested Rob Foster, engagement partner to present a five year audit proposal service for annual audit costs and staff billing rates for service. Proposal provided for audit services is matched costs from 2014 with inflationary increases annually of$350. Staff inquired with area accounting firms offering municipal audit services, Graham Scott Enns was on the lower end of quoted rates. CONCLUSION: Staff and council have a long standing working relationship with the municipal auditor Graham Scott Enns LLP.The fee schedule attached reflects only inflationary increases over 2014 fees. RECOMMENDATION 1. THAT Staff Report TR-11-2015 be received for information. 2. The Council of the Municipality of Bayham accept the proposal submitted by Graham Scott Enns, LLP 3. THAT Council appoint Graham Scott Enns LLP as auditors for 2015 to 2019. 4. THAT By-Law 2015-078, being a by-law to appoint a municipal auditor, be presented to Council for enactment. Respectfully/ub 'tted, Reviewed FA Lome ame VA, CA /aul hipw- , ° •m' istrator Report TR-11/15 by Lorne James,Treasurer re Municipal Audit... Page 158 of 334 GRAHAM SCOTT ENNS LLP CHARTERED PROFESSIOtAL ACCOUNTANTS P.519.633 0730 F.519 633 7009 P.519 7/3 0265•F 519 773 9683 450 SunsOn ie.St.Thcmcs-ON :45R 5V1 25 John Street South.ny!mer.Of. NEF�2C1 x•r.a.Rrahret;scotte rins.com June 29,2015 Lome James,CPA,CA Municipality of Bayham 9344 Plank Road Straffordville,ON NOJ 1Y0 Dear Mr.James: We would like to thank you for the opportunity to provide a proposal of our expected audit fees over the next five year period. As you know we have worked with the Municipality of Bayham for a number of years and have developed audit techniques that are efficient and effective for the size of the Municipality.We do not foresee any significant changes in the audit requirements for municipalities in the upcoming five years and therefore believe we can continue to provide the core audit for the same price as 2014 plus a nominal amount for inflationary pressures within our industry.We would then propose to complete the 2015 core audit for$16,150 and would propose adding an additional $350 to the fee for each year thereafter. For further clarity, $16,500 for 2016, $16,850 for 2017, $17,200 for 2018 and $17,550 for 2019. These fees are based on the assumption we receive a full set of working papers supporting balances in both the statement of financial position and the major areas of taxation, amortization and government grants similar to the prior year. This fee does not include the preparation of the Financial Information Return or any other audited schedules required for funding or other needs. Any work required outside the normal scope of the audit would be discussed with management before work begins and a reasonable fee structure would be set out and agreed to by both parties. Our hourly rate would range from$70 to$250 an hour depending on the skill set of the staff required for the project. It has been our experience that most of these projects average in the range of$110 to $125 per hour. Please feel free to contact us should you require any further information or wish to discuss our proposal further. We thank management and council again for this opportunity to continue providing the audit services you have come to expect and rely on. Yours Truly Graham Scott Enns LLP ,?ooe a %%4tet Robert Foster,CPA,CA Partner Report TR-11/15 by Lorne James,Treasurer re Municipal Audit... Page 159 of 334 vrAY11.44 REPORT G 'kill TREASURY DEPARTMENT �o ani Is-054.$41, t3' TO: Mayor&Members of Council FROM: Lorne James,Treasurer DATE: July 16, 2015 REPORT: TR-12/15 FILE NO. SUBJECT: 2016 Budget Schedule BACKGROUND: Section 290(1)of the Municipal Act requires local municipalities in each year to prepare and adopt a budget.The Municipality currently prepares three budgets: current year capital budget, rate supported operating budget and the 10-Year Capital Plan.This report presents the proposed meeting dates for Council review and approval of the above mentioned 2016 budgets. The purpose of preparing budgets is to allow Council to develop policy in financial terms and to assist in setting priorities and establishing service levels for upcoming year before expenditures take place.The Municipality's levy and rate supported budgets will establish how property tax dollars will be spent in 2016 for municipal services provided. COMMENTS: In order to begin the challenge of developing Bayham's Proposed 2016 Operating Budgets and Capital Plan, Council approval of the proposed budget schedule is required.The proposed timelines are earlier than prior year timelines to allow for tendering and effective procurement months before 2016 purchases.While these dates are fairly aggressive and will require strict adherence by staff to meet timelines, staff feel the proposed meeting dates are realistic and workable. Budget Proposed 2016 Start Time Budget Review Dates For Discussion Budget Public Consultation August 3rd to August 31st 2016 and 10 Year Capital Tuesday, October 6, 2015 6:30 p.m. Plan (Special Meeting) Wednesday, October 7, 2015 6:30 p.m. (Special Meeting) 2016 Levy Supported Tuesday January 5, 2016 6:30 p.m. Operating Budget (Special Meeting) Report TR-12/15 by Lorne James,Treasurer re 2016 Budget Sch... Page 160 of 334 Wednesday, January 6, 2016 6:30 p.m. (Special Meeting) Thursday, January 7, 2016 6:00 p.m.to 7:00 p.m. (Budget Open House) Potential Base Budget Impacts: For 2016 the most significant potential base operating budget drivers that may have an impact are as follows: • new debt charges • annualization of initiatives undertaken in 2015 • general inflation • utility cost increases • impact of increased fuel costs and costs of petroleum based products • increased operating charges from approved capital projects • increased transfers to Reserves and Reserve Funds to fund capital programs based on 10 year capital budget from 2015 • provincial funding level changes • reduction of OMPF grant • compensation contracts and potential negotiations • increases in contracts from third party service providers • increase in user fees and service charges • changes in assessment due to growth • policing contract adjustments The actual impacts of these items are unknown at this time and will depend on further information and decisions. Guidelines: Some of the costs identified above can be avoided and others will be directly related to previous decisions or are uncontrollable. In the interim,staff will be directed to prepare the 2016 budgets following past practices with the goal to maintain costs at their current level wherever possible. These guidelines are an integral part of the budget process to assist departments when reviewing operational needs and service levels. CONCLUSION: in order to meet these dates,staff has initiated the 2016 budget process.This will allow staff the time required to present a responsible, complete,comprehensive, and accurate budget for Council review and consideration. RECOMMENDATION 1. THAT Staff Report TR-12-2015 be received for information. 2. AND FURTHER THAT the proposed budget meeting dates be approved as set out in Staff Report TR-12-2015. Respectfully; bmitt-•, Reviewed by, Lorne amesi , A -a -.•way - • = or Report TR-12/15 by Lorne James,Treasurer re 2016 Budget Sch... Page 161 of 334 i•NYHA-401- o Vis' {� �'on'anittq Is.0 PRE-BUDGET 2016 CONSULTATION This year,The Municipality of Bayham is inviting your suggestions on how to make the municipality a better place to live and work by asking for your input into setting the 2016 budget priorities. The Municipality believes that through consultation with the business community,employees, partners and most importantly, the public,the municipality can build a stronger community. The Municipality of Bayham invites you to submit your feedback,thoughts, observations,and suggestions for the coming budget by August 31,2015. The 2015 budget is available for download at www.bavham.on.ca under Finance Department Have your say! Kindly send your comments/suggestions to consultations@bayham.on.ca, by fax 519-866-3884 or mail to: The Municipality of Bayham PO Box 160 9344 Plank Rd, Straffordville, ON NOJ 11'0 Written submissions will be received until August 31, 2015 before 4:30 PM. Report TR-12/15 by Lorne James,Treasurer re 2016 Budget Sch... Page 162 of 334 -oAYH-44 REPORT 4iiir,..,......,,,p , 0. TREASURY DEPARTMENT • i importunity i$ TO: Mayor&Members of Council FROM: Lorne James,Treasurer DATE: July 16, 2015 REPORT: TR-13/15 FILE NO. SUBJECT: 2015 02 Variance Report BACKGROUND: The Q2(second quarter)financial reports are provided for Council's fiduciary review. This report provides a summary of current revenue and expenditure to June 30, 2015 and variances to the operating budget. Staff will be providing quarterly variance reports to council. COMMENTS: Outside the winter maintenance variance, all other divisional budgets are within Q2 target ranges,with exceptions as noted in Appendix A and B. Capital programs have started and early results are showing departments are on track to meet capital budget. Staff have achieved cost savings through the first six months in several departments in operating and capital expenses.Additional expenses have been added to departments that were not projected/budgeted for including: municipal road drain work, road washouts and clean up, municipal facilities and lower summer student grants.The municipality is still exposed to risks in the remaining six months which include:foreign exchange fluctuations for materials and supplies, interest rate risk,weather and winter maintenance. CONCLUSION: Operating budget expenses are in expected levels given the cyclical nature of some operations. Winter maintenance at the end of June was at 78%of its annual budget for the year. Capital expenses in first six months have come below budgeted expense in most departments,which will help offset in any cost overruns in remaining year. ATTACHMENTS: 1. Appendix A: 2015 Q2 Operating Revenue and Expense Variance Report. 2. Appendix B: 2015 Q2 Capital Expense Variance Report RECOMMENDATION Report TR-13/15 by Lorne James,Treasurer re 2015 Q2 Varianc... Page 163 of 334 1. THAT Staff Report TR-13-2015 be received for information. Respectful, su• itted, Reviewed • . Lorne Jame - , A -1'9 •- •• rator Report TR-13/15 by Lorne James,Treasurer re 2015 Q2 Varianc... Page 164 of 334 Municipality of Bavham Appendix A: 2015 Q2 Operating Revenue and Expense Variance Report 2015 2015 % Actuals Eudgol. Consumed Revenues 05.10 General Taxation 1,875,722 3,601,989 52% 05.20 Other Revenues 512,756 1,217,000 42% 10.10 General Government 6,789 376,310 2%-transfers to be posted 10.20 Council 20.10 Fire Services 12,219 13,000 94% 20.20 Police Services 18,945 110,000 17%-POA received in July,transfer to be posted 20.30 Conservation Authority - 20.40 Other Protective Services 40,012 66,500 60% 20.50 Bylaw Enforcement Services 15,411 25,000 62% 25.10 Roads 220,552 442,678 50% 25.20 Winter Control 12,000 0%-Billed in July 25.40 Street Lights - 30.10 Water 240,141 794,709 30%-transfer to be posted 30.15 Richmond Water 25,376 50,753 50% 30.30 Waste Disposal 34,403 123,190 28%-transfer to be posted 30.20 Waste Water 349,091 782,287 45%-transfer to be posted 35.10 Health Services 35.20 Cemeteries 2,634 - 40.10 General Assistance 45.10 Parks&Recreation 1,070 2,500 43% 45.20 Straffordville Community Centre 45.30 Vienna Community Centre 5,264 7,000 75% Eden Community Centre - 45.40 Libraries 33,473 66,000 51% 45.50 Museums 3,417 31,800 11%-Grants receleved in Fall 50.10 Planning,Development&Tourism 38,747 27,000 144%-offset increased revenue 25.30 Business&Commerce - Tourism&Marketing 600 5,500 11% 50.20 Environmental Services 12,838 0% Capital 647,563 2,529,271 26%-Lower Capital Revenue due to Dexter Line Funding to Water Boards Expenditures 05.10 General Taxation 3,750 5,000 75% 05.20 Other Revenues 10.10 General Government 551,167 1,259,648 44% 10.20 Council 31,197 76,128 41% 20.10 Fre Services 227,693 510,783 45% 20.20 Police Services 309,075 925,985 33% 20.30 Conservation Authority 58,802 58,802 100%-2015 Paid in Full 20.40 Other Protective Services 33,558 87,860 38% 20.50 Bylaw Enforcement Services 12,035 38,748 31% 25.10 Roads 876,494 1,446,906 47% 25.20 Winter Control 83,168 107,000 78% 25.40 Street Lights 36,511 54,000 68% 30.10 Water 415,285 794,709 52% 30.16 Richmond Water 19,491 50,753 38% 30.20 Waste Water 189,398 782,287 24% 30.30 Waste Disposal 220,353 493,368 45% 35.10 Health Services 35.20 Cemeteries 10,202 19,000 54% 40.10 General Assistance 3,600 10,000 36% 45.10 Parks&Recreation 19,203 53,4.39 36% 45.20 Straffordville Community Centre 13,459 27,363 49% 45.30 Vienna Community Centre 28,520 55,763 48% 45.35 Eden Community Centre 6,699 5,225 128%-invoice to be sent 45.40 Libraries 10,809 66,000 16% 45.50 Museums 26,024 74,408 35% 50.10 Planning,Development&Tourism 53,810 90,947 59% 25.30 Business&Commerce - Tourism&Marketing 22,047 52,500 42% 50.20 Environmental Services 17,031 23,580 72% Capital 881,890 3,127,122 28%-lower due to Dexter Line Water Board expenses Report TR-13/15 by Lorne James,Treasurer re 2015 Q2 Varianc... Page 165 of 334 Municipality of Bavham Appendix B: 2015 Q2 Capital Expense Variance Report 2015 2015 % Actuals Budget Consumed General Government - Accounting Software Upgrade $ 30,731 $ 50,000 61% -Council Computers $ 10,000 $ 10,000 100%-transfered to Council Reserve •Election Reserve Transfer $ 10,000 $ 10,000 100% -Working Capital Transfer $ 10,000 $ 10,000 100% Liability Reserve Transfer $ 70,000 $ 70,000 100% Fire -Station 2 Lighting Upgrade $ 3,709 $ 5,000 74% -Upgrade finished in April -Apparatus Replacement $ 152,640 $ 150,000 102% -Apparatus Replacement $ 39,414 $ 39,414 100% -Tech Rescue Equipment $ 15,000 0% Roads -Csinos Culvert Replacement $ - $ 7,000 0% -not started yet -2016 Tandem Plow Truck $ 244,660 $ 250,000 98% -2015 Tandem Plow Truck $ 237,630 $ 250,000 95% -Best Line Tar and Chip $ 32,682 $ 151,620 22% -Tunnel Line Tar and Chip $ 30,558 $ 250,000 12% -Light Line $ 27,410 0% -waiting to be tar and chipped -Owl Cage Road $ 92 $ 4,441 2% -PW Yard-Repairs $ 55,000 0% -engineering underway Sidewalks $ 50,000 0% -inspections complete Erieus Street Storm Sewer $ 13,321 $ 200,000 7% -in progress Streetlights $ 203,005 $ 210,000 97% Water -Pump House $ 46,000 0%-just starting • Dexter Line $ - $ 1,300,000 0%-expense went to Water Board Waster Water -Air Valve $ 5,570 $ 15,000 37%-ongoing -Equipment Replacement $ 9,458 $ 8,300 114%-partial pump replacement -Manhole $ 10,000 0%-not started -Concrete Rehab $ 25,000 0%-in progress -Pump Equipment $ 7,565 $ 41,667 18%-ongoing Parks -Rail Trail Development $ 4,808 $ 10,000 48%-culvert and drain repair Planning -Official Plan Review $ 6,000 0% Facility • Facility Transfer $ 150,000 $ 150,000.00 100% Report TR-13/15 by Lorne James,Treasurer re 2015 Q2 Varianc... Page 166 of 334 $AY APP1.4.1.°"C. k'® REPORT . CAO Pp0Z'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: July 16, 2015 REPORT: CAO-45/15 SUBJECT: MARRIAGE OFFICIANT SERVICES BACKGROUND At the regular meeting of Council on March 4, 2010 Council passed By-law No. 2010-018 to appoint persons under the direction of the Clerk to conduct civil ceremonies as a marriage officiant within the Municipality of Bayham. Said by-law was extended via By-law No. 2012-019, 2013-026 and By- law 2014-019. The appointment, of Marion Rogers as a marriage officiant, provided by By-law No. 2014-019, expired on March 31, 2015. The appointment of any person other than the Clerk to conduct civil ceremonies is authorized by the Marriage Act, R.S.O. 1990, c. M.3, Section 11 (3). DISCUSSION Marion Rogers has conducted civil ceremonies since her original appointment in 2010. From 2011 forward the Municipality has generated $3,250 from civil ceremonies (13), with expenses of $1,630.59 for a net revenue of$1,619.41 or approximately$404/year. RECOMMENDATION 1. THAT Report CAO-45/15 re Marriage Officiant Services be received for information; 2. AND THAT staff be directed to bring forward a by-law to appoint Marion Rogers as a Marriage Officiant within the Municipality of Bayham for a term of three years ending December 31, 2018; 3. AND THAT the CAO/Deputy Clerk be appointed as a Marriage Officiant with the Registrar and Ministry of Consumer and Business Services. Respectfully Submitted by: Paul Shipway CAO Report CAO-45/15 by Paul Shipway,CAO re Marriage Officiant... Page 167 of 334 $AY 1111111*- �'® REPORT o -c CAO Ppoi'tunity ILS TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: July 16, 2015 REPORT: CAO-46/15 SUBJECT: STRAFFORDVILLE LIONS BACKGROUND On June 7, 2007 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2007-062 to authorize Agreement No. 153 to operate the concession booth on the Straffordville Community Centre lands with the Lions Club of Straffordville. On June 4, 2015 via Report CAO 30/15 Council directed staff to draft a new agreement with the Straffordville Lions for continued use of the concession booth at the Straffordville Community Centre. On June 26, 2015 the Straffordville Lions informed the Municipality that the group was disbanding. DISCUSSION The Straffordville Lions currently utilize the Straffordville Lion's Den in the Straffordville Community Centre, storage space in the Vienna Community Centre, the Food Booth at the Straffordville Community Centre and the Storage Shed at the Straffordville Community Centre. Generally the Straffordville Lions is requesting until December 31, 2015, at the latest, to remove all items from said locations. It is believed that the Straffordville Community Committee will commence Bingo's and will retain the Bingo Board, which the Municipality would continue to store. The Lions are also in the process of returning all keys to the Municipality. As a result the Municipality will now manage the food booth and the pavilion. On July 1, 2015 the hydro and gas accounts for the food booth and pavilion were transferred into the name of the Municipality. In order to provide adequate washrooms without requiring the booth to be opened and cleaned, staff have removed the small Jimi John and placed two Jimi Johns with hand wash stations in the Straffordville complex. Staff also propose to amend the fee by-law to include a$40 pavilion rental fee (along with other housekeeping fees). Now that the Municipality does not have the Food Booth handled through an agreement with an organization, any persons wishing to utilize the food booth will be required to approach the Municipality and enter into an agreement for the same. It is believed, through the comment of the Straffordville Lions, that the Bayham United Church will be approaching the Municipality to utilize the booth to provide food services for Watermelonfest. As a result of the transfer back to the Municipality and the work required to handle booking arrangements, staff propose to incorporate the pavilion and ball diamond booking into the contract of a Facilities Manager. Given the need to transition quickly due to the time requirements for booking, staff approached the Vienna Community Centre Manager about incorporating the same into that job Report CAO-46/15,by Paul Shipway,CAO re Straffordville Lio... Page 168 of 334 profile and executing a new Agreement. Agreement No. 0025-01 re the Provision of Community Centre Management,which previously covered the Vienna Facility Manager contract,expired January 15, 2015 and is need of renewal. In consultation with Jackie Ringland, staff propose a new agreement for a term concluding December 31, 2018, with mutual options for two single year renewals indexed at 1.5% in both 2019 and 2020. The contract would represent an increase of$3750 over the expense for Vienna only management for 2014. Ms. Ringland pointed out to items which Council direction is required for: 1) Transferring tables from Straffordville to Vienna if Straffordville is to remain closed (tables are in better condition and easier to handle as an individual) 2) The Straffordville Community Committee is taking over Straffordville Lions Weekly Bingo at the Vienna Community Centre starting July 15th, 2015. The application for municipal assistance did not originally request a weekly function and will require Council approval. Lastly, as now almost all municipal accessory structures are back in the care and control of the Municipality, staff recommend drafting agreements for all accessory structures on Municipal Land utilized by groups, organizations and private interests. The agreements would add a level of due diligence and ensure all parties were aware of responsibilities and rights etc. RECOMMENDATION 1. THAT Report CAO-46/15 re Straffordville Lions be received for information; 2. AND THAT Council direct staff to bring forward a by-law and agreement for Facility Management Services with Jackie Ringland for Council consideration. 3. AND THAT Council direct staff to bring forward agreements for all accessory structures on Municipal Land utilized by groups, organizations and private interests for Council consideration; 4. AND THAT any person, entity or organization who utilizes accessory structures on Municipal Land first enter into an agreement with the Municipality for use of the same; 5. AND THAT Council direct staff to bring forward a by-law to amend By-law No. 2014-125, the Rates& Fees By-law for Council consideration. 6. AND THAT Council and the Municipality extend gratitude and thanks to the Straffordville Lions for years of dedication and service to the Community. Respectfully Submitted by: Paul Shipway CAO Report CAO-46/15,by Paul Shipway,CAO re Straffordville Lio... Page 169 of 334 g,AY 49, 11114 REPORT o c CAO uj'tunity -to TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: July 16, 2015 REPORT: CAO-47/15 SUBJECT: MUNICIPAL PROPERTY SURPLUS EDEN COMMUNITY CENTRE STRAFFORDVILLE COMMUNITY CENTRE BACKGROUND At the Special Meeting of Council on May 11, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT staff be directed to obtain survey of the Eden Community Centre and appropriate setbacks; AND THAT at the completion of the survey, staff be directed to bring forward a resolution for Council consideration to declare the Eden Community Centre surplus to the needs of the Municipality. At the Special Meeting of Council on May 11, 2015 the Council of the Corporation of the Municipality of Bayham also passed the following resolution: THAT staff be directed to obtain survey of the Straffordville Centre and appropriate setbacks; AND THAT at the completion of the survey, staff be directed to bring forward a resolution for Council consideration to declare the Straffordville Community Centre surplus to the needs of the Municipality. The draft Eden Community Centre survey, attached hereto as Appendix'A" and the draft Straffordville Community Centre survey, attached hereto as Appendix 'B' are provided for Council approval to finalize. DISCUSSION Do to the cost involved in finalizing and changing a plan, staff felt prudent to provide the draft plans to Council prior to registration. Staff also have the following comments for council information moving forward: Eden Community Centre The Eden Community Centre will require the following agreements registered on title as a condition of sale or transfer of ownership: i. Mutual Parking Lot Agreement ii. Backstop Encroachment Agreement(or removal of backstop) Report CAO-47/15 by Paul Shipway,CAO re Municipal Property... Page 170 of 334 Council also directed staff to obtain a quotation from Everseal. The quote in the amount of$45,800 + HST is attached hereto as Appendix'C' Straffordville Community Centre The Straffordville Community Centre will require the following agreements registered on title prior to and sale or transfer of ownership: i. Mutual Parking Lot Agreement ii. Easement Agreement—Water/Gas line a. Should the Municipality elect to keep the food booth as a 'wet'facility arrangements for water testing will also need to be made. iii. Cement Pad Encroachment/Maintenance Agreement Note: Due to the proposed surveyed configuration of the Straffordville Community Centre parcel, the legal frontage of the parcel becomes the measured distance along Old Chapel Street. The legal frontage is used to determine the minimum setback requirements as per the zoning by-law. i.e. south side yard requires 7.5 metre setback taking the proposed lot line into the cement pad area and proposes an angled lot line northwesterly to the fence line at the rear of the building Intention to Surplus Should Council continue to move forward with the surplus process the resolution is as per the recommendation below. In accordance with the Sale and Surplus of Land Policy, as authorized by By-law No. 2015-021, should Council pass the resolution, the following process would be followed: 1) Council to declare land surplus; a. Accept Public Comments for 25 days following receipt of registered plan number; i. This limit is beyond the policy notification period of 14 days. b. Council to consider comments. The Municipality now has Realtor Services for the next year, however due to the nature in which Council discussed potential surplus of the aforementioned properties before, it may be more prudent to accept offers and or proposals during the 25 day comment period. At the conclusion of the 25 day period Council would review the comments and offers and determine the manner in which to move forward, be it sale or transfer to an offer submitted, or to list the property via the Municipal Realtor. In regards to the creation of a new lot, or what would typically be referred to as a severance, The Municipality is exempt Pursuant to the Planning Act. Subdivision control 50(3) No person shall convey land by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to land, or mortgage or charge land, or enter into an agreement of sale and purchase of land or enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless... (c) the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Ontario or by any municipality; The part lot control exemption comes under subsection 50(5). So, whether the"lot"the Municipality may create is within a plan of subdivision or not, no further approval (such as a consent to sever) is required. RECOMMENDATION 1. THAT Report CAO-47/15 re Municipal Property Surplus be received for information; Report CAO-47/15 by Paul Shipway,CAO re Municipal Property... Page 171 of 334 2. AND THAT the Council of the Corporation of the Municipality of Bayham declare Part 1, on the yet to be registered plan, being the Eden Community Centre surplus to the needs of the Municipality for the purpose of sale; 3. AND THAT the Council of the Corporation of the Municipality of Bayham declare Part 1, on the yet to be registered plan, being the Straffordville Community Centre surplus to the needs of the Municipality for the purpose of sale; 4. AND THAT the Municipality provide 25 days of notice for submission of comments and offers to purchase commencing at such time as the plans are formally registered. Respectfully Submitted by: Paul Shipway CAO Report CAO-47/15 by Paul Shipway,CAO re Municipal Property... Page 172 of 334 7D 0 O — _ APPENDIY'A' _ PLAN 11 R— �d 0 5 10 15 METRES 20 — 0 c, I REQUIRE THIS PLAN TO BE DEPOSITED UNDER THE LAND TITLES SCALE 1:300 A — J'LA,RT 3 r, .1\10 1--.?j 1 i ( r ACT �r3�4 { CrJr r _ I RECEIVED AND DEPOSITED DISTANCES AND COORDINATES SHOWN ON THIS PLAN ARE IN _ so J r .IF? r METRIC METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 _ (. I 1 rT�r 1 I I �%, 1,--‹ 12:,q yyR J I J J' i\ND V`1 r r�r? I �l'C DATE ---JULY 3, 2015 DATE _� - 1\JJ,-\JJ\ I ' 00" W ' J J J J�r�r J �))r _ REPRESENTATIVE FOR THE 0co is (s) G) 60.228 (P5 � 8 - ri r,JJ'- r r�r D r k KIM S. RUSTED O.L.S. LAND TITLESLAND EDIVISION OFAR FOR ELGIN (No.11) I 90' 00' 00" PREFERENCE BEAR/N & M) 2 y S� I / o ;l ›___< I I I 2 '--- vJ r y l\J J 4,Q PART SCHEDULE P °.- COUJ\J r j �``----�_ PART LOT PLAN P.I.N. 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PARKING LOT 0. o N 78.968 (P2 P3 & S) 113.913 `M) N `� `' SURVEYOR'S CERTIFICATE ry Mco8.534 i(p2 P3" W / '' �g o�, PARTN & S)74 /o �• . / (`J �Q' I CERTIFY THAT I M P.I.N. r.I M 35341 - 1 o `O I �`� (1) - THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH .t /` 0.853 (p2 P I THE SURVEYS ACT, THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE 16 0239 (IT) , 3 & M) S\6\� C -77 �p� o^ �p1 REGULATIONS MADE UNDER THEM / Z 54 (.Kc0� FART y// 0�2 °^ ^ WELL / L J PLAN N ��� o r� 7 / S (2) - THIS SURVEY WAS COMPLETED ON THE 4th DAY OF JUNE, 2015 �v ST E R"7j / .') Q GREY ^� 13.69 DWELLIING ` ` J �l �cZ / 4� 0.31 LOT `\ /f J / co ry A , / �,° �� JULY 3. 2015 4 ` �� / _r 0.793 (P2 P3 35341 - - DATE KIM S. HUSTEDU ,�CIT , & M) � \`` Q ONTARIO LAND SURVEYOR 4i BRIG 0243 (LT) i . LL �� 10 K BUILDING I _(� Q• ��� a LEGEND no w r �\� \l <-1 / 0)4., 1. ■ DENOTES SURVEY MONUMENT FOUND z b �-�/ 0 DENOTES SURVEY MONUMENT SET SIB DENOTES STANDARD IRON BAR 16.48 N / r LZ IB DENOTES IRON BAR V © I r f "`J J+ co _', C/ RIB DENOTES ROUND IRON BAR 1 ■ I�� o I �� �L' 0 (WIT.) DENOTES WITNESS �' Q <, SIB DENOTES STANDARD IRON BAR P'I'N. 35341 SSB J c) Z (P1) DENOTES DEPOSITED PLAN 11R-5905 - N 8p, Si O¢ C �� L, (P2) DENOTES PLAN OF SURVEY BY KIM HUSTED SURVEYING LTD. DATED 0239 (LT) 30" W 13.88 m L 0.09 \J 4i `^ MARCH 2nd 1991 PROJECT No. 91-2013 4.00 ■! '- (P3) DENOTES PLAN OF SURVEY BY KIM HUSTED SURVEYING LTD. DATED f r f 1 4 00 ,� R��0� —� - MAY 21, 1992 PROJECT No. 92-2460 r-� r r co in <j0 _- _ _ {P4) DENOTES DEPOSITED PLAN 11R-1070 P5 DENOTES DEPOSITED PLAN 11R-2800 S�J J l 62.621 _ o (S) DENOTES DENOTES SET MEASURED �' 7.20 a `v N■a _ 0p4CP P.I.N. DENOTES PROPERTY IDENTIFIER NUMBER f� \ CHAINLINK FENCE v \8 ``� (1582) DENOTES KIM RUSTED SURVEYING LTD. BASEBALL `� COORDINATE SCHEDULE (MTO) DENOTES MINISTRY OF TRANSPORTATION ONTARIO P.I.N. BACKSTOP w /� ` �� ALL COORDINATES ARE IN METRES AND WERE DERIVED FROM (72�) Nos J F wESTON o mss. r it 35341 N ,, GPS OBSERVATIONS USING THE PRECISE POINT POSITIONING ( ) J\J0r r J 0239 (IT) rn M '��Jr�s 1 `� (PPP) SERVICE AND ARE REFERRED TO UTM, ZONE 17, NAD83 (GSRs) p•J I n 5o .:/./^ COORDINATE VALUES ARE TO URBAN ACCURACY IN N 0 ) ACCORDANCE WITH 0. REG. 21610 ss14(2) NOTES Z (1) - BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHERN LIMIT P.I.N. - 107 POINT I NORTHING _ EASTING SID35341 KIM HUSTED SURVEYING LTD. CM COUNTY ROAD 44 HAVING A BEARING OF N' 81' 00' 00" W AS SHOWN ON 0245 (LT) A 4737928.100 520516.398 0 DEPOSITED PLAN 11R-2800 J (2) - TO CONVERT PLAN BEARINGS TO GRID BEARINGS + `voo� \` ONTARIO LAND SURVEYOR B 4737881.258 520509.340 w 30 HARVEY STREET, TILLSONBURG ONTARIO. N4G 3J8 - ADD 00' 20' 20" TO THE NORTHWEST'BEARINGS 0 - SUBTRACT 00' 20' 20" FROM THE NORTHEAST BEARINGS '�� `�� PHONE 519-842-3638 FAX: 519-842-3639 w (3) - DISTANCES SHOWN ON THIS PLAN ARE GROUND DISTANCES AND CAN BE `�` COORDINATES CANNOT, IN THEMSELVES, BE USED TO �� RE-ESTABLISH CORNERS OR BOUNDARIES SHOWN ON THIS PLAN PROJECT: 15-11602 REFERENCE: HF1 DISK No. DWG. KSH CONVERTED TO GRID DISTANCES BY MULTIPLYING BY 0.9996 643 C:\INCAD2015\15-11602.dwg, 7/7/2015 9:25:21 AM, KIP 7100.pc3 I i 7t 0 O cM cr "d P C " �c C O SCALE 1:300 0 s �o is ME s zo DEPOSIiIED UNDER THE OLAND TITLES PLAN 11k— ›- ACT RECEIVED AND DEPOSITED rD • METRIC DISTANCES AND COORDINATES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 05821 DATE JULY 3, 2015 O ------- DATE --- ii APPENDIX'B' • I ,a' A_ REPRESENTATIVE FOR THE t 1 (�� r7AR FOR THE o Jl\l J r�r r g I KIM S. RUSTED O.L.S. LAND TITLELAND S DIVISION OF ELGIN (No.11) LL1 ` r r r T) I ��\IO rPART SCHEDULE �� 1� CC FRAVrLr J1 a I 1 Z 0 JJ�\J�\lr �f �Jr�f\ J� a I PART LOT PLAN P.I.N. AREA G� �r I Ll N ALL OF LOTS 7,8, PART OF LOT 11 Lt / N I 9 AND 10 L) J JK SOUTH OF TALBOT PART OF 4094.3 I 1 ROAD 205 35335-0169 SQUARE METRES I PART OF LOTS 7 1-1 R r is- r , rr AND 8 NORTH OF rt Sl8 82) ERIE STREET 1' '�F�T i F'I �' J I �,e J ... A�\� PLAN OF SURVEY OF ;� O r LOTS 7, 8, 9 AND 10 AND PART OF 11 SOUTH OF TALBOT ROAD L0 �� i L 0 r 1 ' 2O5' PART OF LOTS 7 AND 8 NORTH o L O r OF ERIE STREET L� PART ��i / r l REGISTERED P PAR rI J LAN 205 1 -J I (I//LLAGE OF STRAFFORD I//LLE) R ' r PA r�7 1 t>_1 MUNICIPALITY OF THE J I tL1 r LL �, TOWNSHIP OF BAYHAM • _''r�r�7 l I N /PARTT/ li� N COUNTY OF ELGIN r 7273 C. r1 r r3 t Z 2 P '-�R I• it i i a s I O (-72.,1 f f r� _/ r� ) i c� ' .�._ '� V J /7 3 PAR ~ a�1 K� C� a N __ I1r73 ! r w 7 I—< N 8l,a 3' 53' 00 199.915 (P3 & M) T? " ,p 7 '' ))_r _ ^ t1 _n I W (REFERENCE BEAR�NGJ ��rj I f KIM H U STED SURVEYING LTD. w � I Lt1 � U oa I �� �� s^ I m l'--. t.0 co I rlr r�lTr�ry B I N R'' ! _ 20.117 (P2, P3 & S) O t� z r y t i J ,�, JO-r P.LN, r 35345 - 0167 I SB 1.117 220.032 (P3 & M)J \ (�ARtOUS Ir�J,7!('JW1D71♦S AS WIDENED) Ij `e I) • N83' S3' 00" WCJJj\I_r,j �En I Ull 11o.2ss n I\Btl _ Na a. I I SURVEYOR'S CERTIFICATE �� n I o I n- I CERTIFY THAT CO"� SIDEWALK o o I aNu) (1) - THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH 1— NI nTHE SURVEYS ACT, THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE I REGULATIONS MADE UNDER THEMo I 89.606 Ii NL� EDGEOFI S\BNI ASPHALT `�2i1219.990 I (2) ' THIS SURVEY WAS COMPLETED ON THE 2nd SAY OF JUNE, 2015 to o I 1 // _ (IN) , _I 587�-, NORTii_EAST CORNER (P4, PS & M r LOT 7 REGISTERED PLAN 205 ) 1 CO ' ��r o JULY 3, 2015 tt, CL) P.I.N. 35335 `'J J T 1 ' 0169 r 1 2 \1 DATE KIM S. HOSTED I _ 0:11S LT) U. i r ¢ 1- ONTARIO LAND SURVEYOR t a 1 I PART T L BO r L‘,41 I L1_, I P.I.N. 35335 1-. C! —1 0 C) Zo I 0169 (LT) o ici o a3 I ... o EDGEN a of —1 1— `� ^ C —� r ASPHALT o �!� ' 0 co oN' I L/) 18 83- 53' 00" W (P4 & I i m 1-'Ll j� 1--"',) I N N -- S) I I l r. `� I 1 O N n N N CHAIN 54.422 ro •r U) C! �) I LINK FENCE \B +ri rn v 3 0 —1 Mto �.-- Q N c!� NOTES P.I.N. 1 M N 411111 / _ - ---4 89.522 �' o a 35335 0 0 - ' t� N. 1 0169 (LT) I 35.100 (1) - BEARINGS ARE GRID AND ARE REFERRED TO THE NORTHERN UMIT v �j I \j f I ' —1 Q o OF HERITAGE UNE HAVING A BEARING OF N 83' 53' 00" WAS SHOWN ON 11 �) I 0 o co I L,4 Q I `° —1 DEPOSITED PLAN 11R-7273 -�, I I s N —" (2) - DISTANCES SHOWN ON THIS PLAN ARE METRIC GROUND DISTANCES AND CAN BE 'i' N p I - CONVERTED TO METRIC GRID DISTANCES BY MULTIPLYING BY 0.9996 1 ' 1 61 ' i-, C. M cv in LL1 Lt� .� r c.-, I I LL, J .INIIIIIIIMIllimmul ,,r>c) , 7 �1 r,��, f 01-:, r r)) 16 N 82. 55' 20" w 1 LL1 `-1 c 1-- I r J- r 31.000 1.42 C) 1 I rr?r r \B �� tLi I 1 L i CONCRETE PAD J s4.' 1 I I j j P.I.N. - w IL 35335 t>, H 0169 (Cr) N d 0 I i t o N 1 — _ LEGEN D I az io ■ DENOTES SURVEY MONUMENT FOUND I I ^ M 0 0 DENOTES SURVEY MONUMENT SET COORDINATE SCHEDULE -1 o N v SIB DENOTES STANDARD IRON BAR ALL COORDINATES ARE IN METRES AND WERE DERIVED FROM I N 1) IB DENOTES IRON BAR RIB DENOTES ROUND IRON BAR GPS OBSERVATIONS USING THE CAN-NET NETWORK, 1—, (IMT.) DENOTES WITNESs rro w (y (P1) DENOTES DEPOSITED PLAN 11R-7273 UTM ZONE 17 (81' WEST LONGITUDE) NAD83 (CSRS) (1997.0) i o (P2) DENOTES DEPOSITED PLAN 11R-9391 (P3) DENOTES DEPOSITED PLAN 11R-5964 • COORDINATE VALUES ARE TO URBAN ACCURACY AS PER SEC. 14 (2) I " 1 — (P4) DENOTES REGISTERED PLAN 205 OF 0. REG. 216/10 0 ``' \ (P5) DENOTES DEPOSITED PLAN 11R-933 z o (727) DENOTES J.F. WESTON O.L.S. 1-.).,, —1 �� (1582) DENOTES KIM RUSTED SURVEYING LTD. • POINT NORTHING EASTING Y N20.8131.75(3;40&0" z (M) DENOTES MEASURED (ERIE 1 W (5) DENOTES SET 1—L S P.I.N. DENOTES PROPERTY IDENTIFIER NUMBER A 4732985.650 517745.565 STRE F•7,) __ —) 1 (CLOSED) _ t B 4732962.215 517964.225 `� PSpHPti1 COORDINATES CANNOT, IN THEMSELVES, BE USED TO �1�g2, KIM RUSTED SURVEYING LTD. RE-ESTABLISH CORNERS OR BOUNDARIES SHOWN ON THIS PLAN �r`�_r`��FSTREET) ONTARIO LAND SURVEYOR ' 1��1 Al N S 7R� 30 HARVEY STREET, TILLSONBURG ONTARIO, N4G 3J8 PHONE:519-842-3638 FAX: 519-842-3639 b to 15-11601 REFERENCE: HF1 DISK No. DWG. GES UQ 643 CKD. KSH N C:\INC AD2015\15-11601.dwg, 7/6/2015 2:55:10 PM, KIP 7100.pc3 J O W W v,r TL W L) v t\i_scri_com\'OS ON • COtNTtiNNENT Re: Eden Community Centre Roof Membrane July 10, 2015 Dear Paul, we are very privileged to live and operate our family business in Bayham Township. Our business is the Canadian counterpart to a USA based company and supplier. Our products have been successfully proven and used world wide. Please find attached our quote for the Eden Community Centre roof and a few images on a CD of a similar roof surface we recently applied for an Ontario FS Partners facility. Briefly our application features the following: The one inch high density closed cell foam application offers an additional R-7 insulation value and provides a solid base and seal between the roof surface and the metal flashing around the perimeter and over the existing cloth fabric roof membrane adjoining the roof surface and brick walls along a number of roof sections. The foam application together with the EverSeal rubber membrane will provide a durable and lasting waterproof surface. Our coating also provides excellent corrosion protection for the covered metal flashing surfaces. Warranty: Product is warrantied against significant deterioration for ten (10) years (100%). Labour is guaranteed 100%for three years, and is prorated after this point over the following seven (7) years. Warranty does not cover leaks that are unrelated to the quality, durability and sealing properties of the product. Please call me if you have any further questions. Thank you for letting us quote on the Eden Community Centre project. Kind Regards, Peter Tovstiga EverSeal (226) 970-2004 cell 855 . 955 .1550 TEL • I EO@EVERSEA!. CO Report CAO-47/15 by Paul Shipway,CAO re Municipal Property... Page 175 of 334 EVERSEAL WATERPROOFING INC. QUOTE 45665 Ottergate Line Eden,Ontario NOJ 1H0 Canada Tel:855-955-1550 Quote No.: 2015021 Tel:519-902-5902 Date. 07/10/2015 E-mail:info©everseal.ca Page: The Corporation of the Aliuntcipidityf Of Rayl (519)866.5521 Paul Shipway Municip.Bayham Chief Administrator P.O.Box 160 Straffordville,ON NOJIYO prod Business No.:84917 5732 RT0001 y ... �. Description Price '_ , Tot®1 Amount EDEN COMMUNITY CENTRE 45,800.00 45,800.00 56967 Eden Line,Eden ON Flat roof surface area approx.6,800 sq.ft. Apply a sprayed on seamless rubber polymer membrane over a one inch layer of high density closed cell foam insulation (R-7 value) ROOF SURFACE PREPARATION includes gravel,vegetation growth and debris removal(Bayham will provide pickup and disposal of gravel and debris) soft tar removal over existing roof repair patches, Powerwashing (using onsite water supply) Remove,seal off and cover with rubber membrane and high density closed cell foam four(4)roof skylight/fan/vent metal plastic units and seal off two(2)air vent pipes Subtotal: 45,800.00 H-HST 13% GST/HST 5,954.00 Signature Date The Corporation of the Municipality Of Bayham Signature Date Everseal Waterproofing Inc. An initial deposit of 25%( )is due upon acceptance by signature of this quote. Thank you for the opportunity to quote this job. This quote is valid for 30 days. Total Amount: 51,754.00 Report CAO-47/15 by Paul Shipway,CAO re Municipal Property... Page 176 of 334 $AY NZ- REPORT® CAO Pp °Z'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: July 16, 2015 REPORT: CAO-48/15 SUBJECT: PORT BURWELL LIBRARY-GAZEBO BACKGROUND During the fall of 2014 the Municipality conducted Facility Audits on a number of facilities including the Port Burwell Library. The report recommended replacing the roof on the same in 2015 or 2016. Staff had planned said replacement in 2016, however in the last eight months the shingles have deteriorated quickly to the point that the roof replacement is required in 2015. Additionally, the Gazebo beside the Port Burwell Library also requires a roof replacement. Generally the work will consist of: i. Removal of existing asphalt shingles and depose of debris; ii. Replace any weathered/rotten roof sheathing; a. Structural repairs if'sag' is more than sheathing issues; iii. Install eaves protection to library roof; iv. Clean eaves and gutters; v. Replace damaged and missing metal flashing; vi. Install IKO Cambridge shingles or approved equal, colour to be determined upon acceptance of quote; vii. Install Ice and water shield eave protection; viii. Install attic ventilation on the west side of the library roof using industry calculations for soffit and roof vent openings; The Library reserve as of December 31, 2014 has funding in the amount of$151,650. 7-4 f �+w pi 101 �r `I/I 9if 1 III RECOMMENDATION 1. THAT Report CAO-48/15 re Port Burwell Library- Gazebo be received for information; Report CAO-48/15 by Paul Shipway,CAO re Port Burwell Librar... Page 177 of 334 2. AND THAT staff be directed to conduct a request for quotations for the replacement of the roofs of the Port Burwell Library and Gazebo; 3. AND THAT funds be utilized from the Library Reserve to complete the work; 4. AND THAT staff be delegated authority to award the project upon completion of the request for quotations; 5. AND THAT staff utilize funding from the Library Reserve to conduct all work. Respectfully Submitted by: Paul Shipway CAO Report CAO-48/15 by Paul Shipway,CAO re Port Burwell Librar... Page 178 of 334 -15NYHAxi- 4,4 REPORT o ® CAO 46poj'tunity Is��A* TO: Mayor& Members of Council FROM: Paul Shipway, Administrator DATE: July 16, 2015 REPORT: CAO-50/15 SUBJECT: SIDEWALK INVENTORY-ASSESSMENT BACKGROUND During 2015 Budget deliberations Council allocated $55,000 towards capital costs associated with sidewalks. Over the past five years, the Municipality has allocated an average of$23,000 annually to sidewalks. The Municipality of Bayham currently possesses approximately 18,250 metres of sidewalk or a sidewalk replacement value of$1,186,250. Historically, in accordance with Section 16.1 of Ontario Regulation 239/02—Minimum Maintenance Standards, the Public Works Department annually inspected sidewalks to identify surface discontinuity. In locations where surface discontinuities exist beyond a two centimetre threshold, the Municipality must repair or properly identify the discontinuity within fourteen days of becoming aware of the fact. Additionally, Ontario Regulation 413/12 made under the Accessibility for Ontarians with Disabilities Act, 2005, new sidewalks or substantial replacements of existing sidewalks are required to have clear space a minimum 1.5 metres in width with tactile indicators at crossings. Of the existing Municipality of Bayham sidewalk inventory of approximately 18,250 metres only 1,904 metres is 1.5 metres in width or greater. DISCUSSION As a result of the importance of sidewalks, new accessibility requirements and current financial considerations of the Municipality, staff undertook a comprehensive sidewalk assessment to provide statistics and information for Council to develop a strategic investment plan for sidewalks and sidewalk maintenance. Sidewalks provide many benefits articulated in active transportation discussions, largely because walking is such an important part of an active transportation network, however sidewalks do represent a cost to construct and maintain. Through strategic planning and investment, Council can endeavour to keep sidewalks in a fit and well-maintained condition, within the financial realities of the Municipality. Staff have provided a sidewalk inventory, attached hereto as Appendix'A' and colour coded sidewalk maps, attached hereto as Appendix`B'for Council background information. Appendix'A' provides the 2015 assessment information on sidewalks and recommendations for moving forward. Appendix 'B' codifies the information in a visual format. Generally staff have provided Report CAO-50/15 by Paul Shipway,CAO re Sidewalk Inventory ... Page 179 of 334 recommendations to retain and invest in County/Arterial sidewalks and Secondary route sidewalks which feed into the County/Arterial Routes or serve points of interests, while making recommendations for the consideration of removal of sidewalks which are in poor condition and are not clearly classified as County/Arterial or Secondary(location). Blue = Pass Yellow= Repair/Replacement Required Pink= Remove New/Replacement Sidewalk Considerations a) Ensure that all newly constructed sidewalks are barrier-free to ensure accessible opportunities for all residents. b) Use concrete paving surfaces for the replacement and construction of all future sidewalks. c) Do not use interlocking pavers unless specified by any future urban design guidelines. d) Identify and address obstructions within a vertical distance of 2.4 metres of the sidewalk. e) Apply a maximum cross-slope of 2%for the repair, replacement and construction of all sidewalks. f) At the discretion of Council, the Municipality should require development proposals to provide sidewalks where they: i. Are located along an arterial road or a collector road that connects to an arterial road, within the built boundary; ii. Generate sufficient pedestrian traffic and connect to key points of interest; iii. Connect to other sidewalks; and/or iv. Promote active leisure activities. g) For sidewalk routes that are anticipated to generate lower volumes of pedestrian traffic consider: i. Providing sidewalks on only one side of the street; and ii. Connect to other sidewalks,forming a well-connected network of sidewalks; and iii. Connect to key points of interests. h) Continue to conduct an annual sidewalk inspection in accordance with the standards established in O. Reg. 239/02 to identify cracks and surface discontinuities. Sidewalk Types There are generally two types of sidewalk designs. `Curb-face sidewalks' are located directly adjacent to the curb and vehicular travel lane. These sidewalks are often located in commercial areas and are typically 1.8 to 2.0 metres in width to accommodate higher volumes of pedestrian traffic as well as snow storage. Curb-face sidewalks also require more durable paving standards to withstand abuse from curb jumping. `Boulevard sidewalks' are set back from the curb to provide separation from the vehicular travel lane. This type of sidewalk is typically 1.5 metres in width and commonly found in areas with lower volumes of pedestrians, such as residential streets. Sidewalk Maintenance—Winter Maintenance Historically, Elgin County built and maintained roads and sidewalks until the County underwent restructuring in 1998. As a result, responsibilities of the County were reduced and while the Elgin County Roads Department continues to undertake larger capital projects, the operations and maintenance responsibilities are borne by the lower-tier municipalities. Currently, an agreement exists between the County and the Municipality of Bayham, whereby the County provides funding to the Municipality for road maintenance. This, however, does not cover the cost for sidewalk maintenance. Any new sidewalk development proposed by the Municipality along arterial roads requires County approval and all costs for sidewalk construction and maintenance are borne by the Municipality. Report CAO-50/15 by Paul Shipway,CAO re Sidewalk Inventory ... Page 180 of 334 A number of winter maintenance strategies are applied throughout Ontario. Many municipalities (particularly larger communities) may plow, salt, and sand sidewalks. Through this method, the municipality must provide a Council adopted level of service for clearing sidewalks. Other municipalities may place the onus on the residents to maintain sidewalks abutting their properties through the implementation of a maintenance by-law. The Municipality of Bayham has employed both a service level contract snow clearing service and a mandatory snow clearing by-law. In 2013 all sidewalks were cleared by contractors. In 2014 the sidewalks cleared by contractors was reduced. The sidewalk winter maintenance, to provide snow clearing is as follows (2015 and 2016 numbers are as budgeted and not actuals): 2012 $8,288.34 2013 $11,608.26 2014 $14,424.46 2015 $15,000.00 2016 $15,000.00 Additionally By-law No. 2002-009, as amended, being the Yard Maintenance By-law contains the following provisions: 4.5 The occupant and where there is no occupant, the owner or person having charge, care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all snow and ice from the sidewalk on the side of such street which is nearest to such building or lot. 4.6 If any person who is required by paragraphs 4.4 and 4.5 of this By-law to remove snow and/or ice from the sidewalks of the street adjoining his or her premises refuses or neglects to remove or clear away the same within the first four(4) hours of daylight after any fall of snow or fall of hail or rain which freezes on the said sidewalks; or refuses or neglects to remove dirt, debris or litter from same, and neglects or refuses to do so for twenty-four(24) hours after receiving notice from the Property Standards Officer or Superintendent of Works to carry out this; then said person shall be deemed to be in default of this By-law and the Property Standards Officer or Superintendent of Works may cause such snow, ice, dirt or litter to be cleared away and removed at the expense of such person. In the case of non-payment of such expense, the same shall be recovered in like manner as municipal taxes pursuant to Section 326 of the Municipal Act, R.S.O. 1990. Generally, the by-law permits the Municipality to have a contractor clear a sidewalk four(4) hours following snow fall, if the sidewalk is not cleared by the abutting property owner, at the expense of the abutting property owner, and collect the same in the like manner as taxes if not paid. It should be recognized that if the Municipality places the responsibility of snow clearing on its residents and utilizes Section 4.2 of By-law No. 2002-009 as amended, the Municipality cannot transfer liability to the property owner should any damage or injury occur. Should Council direct staff to enforce the snow clearing provisions and not provide snow clearing services, the Municipality should commence notification of the same in August 2015 to provide adequate notice. The Municipality would also need to retain a contractor to conduct snow clearing when an owner fails to do the same. RECOMMENDATION 1. THAT Report CAO-50/15 re Sidewalk Inventory-Assessment be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to Report CAO-50/15 by Paul Shipway,CAO re Sidewalk Inventory ... Page 181 of 334 tender for replacement, leveling,jacking and grinding of sidewalks to be completed in 2015 as budget permits; 3. AND THAT Council provide staff direction on the removal of sidewalks; 4. AND THAT Council provide staff direction on sidewalk winter maintenance responsibilities. Respectfully Submitted by: Paul Shipway Administrator Report CAO-50/15 by Paul Shipway,CAO re Sidewalk Inventory ... 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Page 188 of 334 APPENDIX 'B' Municipality of Bayham Sidewalk Inventory Street-From To Comments Estimated Cost Accessible Width Eden-Inspected June 22/15 Eden Line E N Plank Rd Railway lip&surface repairs required $3,250 No Eden Line E S Plank Rd Travis 1 major lip-approx.7m requires replacement $650 No Eden Line E S Travis Railway Tracks Pass No Eden Line W N Plank Rd School 1 lip requires repair $65 No Eden Line W S Plank Rd Church several joint&surface repairs-9m replacement $1,950 No Plank Rd E Eden Line Grey several joints require repair $650 No Plank Rd E Grey(southerly) edge of town approx.20m require replacement $1,625 No Plank Rd W Eden(southerly) Grey 2 joints require repair $650 No Plank Rd E Eden(northerly) edge of town pass No Plank Rd W Eden(northerly) edge of town pass No Eden Total $8,840 Corinth-Inspected June 22/15 Street From To Comments Accessible Width Best Line W S George West side town Pass-Cedar Trimming Required No S George Henry St Pass No S Culloden Henry Pass No Best Line E S Culloden Tracks Pass No Henry St W Best end Pass No Henry St E Best end major lip-consider removal $970 No Corinth Total $970 Richmond-Inspected June 23/15 Street From To Comments Accessible Width Richmond Rd E John Church Pass No Richmond Rd E Heritage(19mS) Church Pass No E Heritage Church Pass Yes Church St S Richmond End 1 lip requires repair $130 No Heritage Ln S Richmond Ball Diamond Replace entire length $6,435 No Heritage W Richmond West side replace entire length $650 No Richmond Total $7,215 Straffordville -Inspected June 23/15 Street From To Comments Accessible Width Fourth S Short St Railway Track consider removal $610 No Short St W Fourth Third Pass No Third St N Short St Railway Track consider removal $840 No Report CAO-50/15 by Paul Shipway,CAO re Sidewalk Inventory ... Page 189 of 334 N Short St Plank Rd consider removal $1,110 No Second St S West St Railway Track consider removal $1,085 No Main St N Plank St Old Chaple 2 lip repairs required $650 No N West St. East St. consider removal $530 No Garnham E Main St Hesch replace $7,215 No W Main St Heritage replace $6,955 No West St E Heritage Main St consider removal $1,070 No East St E Heritage First St consider removal $1,090 No West St W Heritage First consider removal $1,110 No E First Second consider removal $1,070 No E Second Third consider removal $1,090 No First St N Plank West St consider removal $2,020 No N West St East St consider removal $2,000 No Plank Rd E Fourth St Third St Pass No E Heritage First Pass Yes E First Third approx.6m require replacement 2 lip repairs $975 No E Main 9188 Plank replace entire length $7,020 No E 9188 Plank 9008 Plank several repairs required--lips&cracks $8,125 Yes Sandytown Rd E Plank Heritage Pass No Main N 55548 Main Plank several cracks and lip repair $6,500 No Plank W Third Heritage 1 lip requires repair $650 No Heritage S Duke Sandytown 1 lip repair $650 No S 56001 Heritage Sandytown Pass No S Duke Plank 1 lip repair $650 No S Plank Garnham Pass No S Garnham West St Pass No S West East St approx.14 m requires replacement $1,300 No S East St 56485 Heritage approx.6m requires replacement $650 No N 56466 Heritage East St Pass No N East St West St Pass No N West St Plank Rd approx.5m requires replacement $650 No N Plank St Duke St several joints require repair $1,625 No N Duke St Old Chapel Pass Straffordville Total $57,240 Report CAO-50/15 by Paul Shipway,CAO re Sidewalk Inventory ... Page 190 of 334 Port Burwell -Inspected June 22/15 Street From To Comments Accessible Width Shakespeare E Wellington Waterloo replace $26,195 No Robinson S Beach Erieus 'Pass Yes S Shakespeare Victoria several lip repairs required $3,250 No S Shakespeare Union Pass No S Bridge Pitt lip repairs required $3,250 Yes Brock Robinson Erieus Pass No Strachan Brock Robinson Pass No Victoria W Robinson Wellington Pass-Trim Overgrown Grass No S Welligton Pitt replace $19,500 No Pitt Strachan Erieus consider removal $920 No Erieus Robinson Pass Yes Wellington Robinson Erieus Pass Yes Victoria Elizabeth Pass Yes Victoria Robinson Pass No Waterloo Victoria Robinson Pass No Newton Victoria Shakespeare consider removal $1,750 No Shakespeare Stratchan consider removal $500 No Erieus Robinson Wellington Pass No Wellington Pitt Pass-Replacement Patch Required $650 Yes Pitt Brock consider removal $1,000 No Chatham Cowper Libbyee Pass No Bridge N Robinson Westerly Pass No S Robinson Hurley Pass Yes S Hurley Chatham Pass No Port Burwell Total I $57,015 1 Vienna-Inspected June 23/15 Street From To Comments Accessible Width Edison S Plank Rd Fulton Pass No S Plank Rd Ann Pass No Elm St Plank Fulton 14m to be replaced lip repairs $1,300 No Fulton Ann replace $25,740 No Ann 33 Elm replace $6,500 No Fulton St Elm Oak Pass No Report CAO-50/15 by Paul Shipway,CAO re Sidewalk Inventory... Page 191 of 334 Elm Snow St uneven areas--lip repairs $2,925' No Elm Pine Pass No Elm Union Pass No Union 45 Fulton replace $9,750 No Plank Rd Edison Elm Pass Yes Edison Oak Pass Yes Edison 6190 Plank Rd Pass No King St Plank North Pass-Trim Overgrown Grass No Vienna Total $46,215 Total Cost $177,495 Report CAO-50/15 by Paul Shipway,CAO re Sidewalk Inventory... Page 192 of 334 ir,x.yiL14,i 4,01p0„,,,, 4,„ .......... , sh.... REPORT o � � CAO Pp°i'tunity isIN' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: July 16, 2015 REPORT: CAO-51/15 SUBJECT: CENOTAPH DISCUSSION The Cenotaph in Port Burwell is presently occupied by large trees. Records indicate the trees were trimmed within the past five years. The trees both block out the existing halogen lamp and encroach onto both abutting neighbours properties, as evidenced below. _ - ..F._ ,.tri . .q - ice- "1 . . , - '` -- . 1 , { ems--Tx .. , Report CAO-51/15 by Paul Shipway,CAO re Cenotaph Page 193 of 334 Staff obtained a quote for trimming the trees and due to size and working area the cost is approximately$1,200, conversely, to remove the trees in their entirety the cost is approximately $600. Public Works staff spoke with both abutting neighbours and both were in favour of removing the trees and replanting the area in the fall of 2015 or spring of 2016 with the appropriate shrubs and greenery. RECOMMENDATION 1. THAT Report CAO-51/15 re Cenotaph be received for information; 2. AND THAT staff be directed to remove the trees at the Cenotaph and replant shrubs and greenery in the fall of 2015 or spring of 2016. Respectfully Submitted by: Paul Shipway CAO Report CAO-51/15 by Paul Shipway,CAO re Cenotaph Page 194 of 334 $AY REPORT oCAO Pp0W. 41- Z'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: July 16, 2015 REPORT: CAO-52/15 SUBJECT: ADVISORY BOARDS&COMMITTEES On September 4, 2014 the Council of the Corporation of the Municipality of Bayham considered Report C2014-006-Advisory Board and Committee Policy and adopted an Advisory Board and Committee Policy. On December 2, 2014 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-02/14 re 2014-2018 Board &Committee Appointments be received for information; AND THAT Council approve the 2014-2018 legislated Board and Committee appointments as indicated in Appendix`A'; AND THAT upon completion of the Operational Budget, Strategic Priorities and creation of corresponding Advisory Boards and Committee structures and terms of references staff bring forward a by-law for appointment to Boards and Committees for Council consideration. On June 4, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-29/15 re Advisory Boards and Committees be received for information; AND THAT Council direct staff to prepare terms of reference for the Cemeteries Board and Museums Bayham Board in accordance with the Municipality of Bayham Advisory Board and Committee Policy for Council consideration. On June 18, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the Terms of Reference for the Harbourfront Committee be modified to remove staff attendance requirement at meetings; AND THAT the draft Terms of Reference be presented to Council for consideration at the July 16 meeting. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 195 of 334 DISCUSSION The following persons submitted expressions of interest to be placed on the either the Harbourfront Committee of the Museums Bayham Board: Harbourfront Committee Mr. Ron Flick Mr. Earl Shea Mr. Ray Talbot Mr. Glen Underwood Museums Bayham Ms. Lynn Acre Mr. Charles E. Buchanan Mr. Ron Bradfield Ms. Kimberley Legg Mr. Bev Hickey Mr. Ray Maddox Ms. Anna Schafer Mr. Mathew Schafer Ms. Susan Start Mr. Albert White The Municipality of Bayham Advisory Boards and Committee Policy contains a holistic package for Advisory Board and Committee members. Through the standardized policy, volunteers may transfer between Advisory Boards and Committees and utilize similar procedures. The standardized policies also provide efficiencies for staff and Council when assisting Advisory Boards and Committees. The respective Terms of Reference are contained within Appendix'B' of the Advisory Boards and Committee Policy. To clean up various items, previous terms of reference which are incorporated within the Advisory Board and Committee Policy may now be repealed, including, By-law No. 2010-059— Museums Bayham Terms of Reference, By-law No. 2009-133 as amended—Harbourfront Committee Terms of Reference and By-law No. 2012-065 Joint Cemeteries Board Terms of Reference. Museums Bayham has the following operational policies which will remain in effect: By-law No. 2006-082 Collection & Records Management Policy By-law No. 2006-083 Education Policy By-law No. 2017-018 Staff Training Policy By-law No. 2007-017 Museums Bayham Finance Policy will also be repealed as it was not in accordance with By-law No. 2010-059 or the Municipality of Bayham Procurement By-law. To assist with orientation to the Advisory Boards and Committee Policy, the CAO will attend the first meeting of each Advisory Board and Committee following appointment and provide a brief orientation session. During the orientation session, staff will also provide a budget memo to ensure all budgets are prepared in accordance with the Budget Schedule. RECOMMENDATION 1. THAT Report CAO-52/15 re Advisory Boards and Committees be received for information; 2. AND THAT staff be directed to bring forward a by-law for Council consideration to adopt the Municipality of Bayham Advisory Boards and Committee Policy, complete with Advisory Board and Committee Terms of Reference; 3. AND THAT staff be directed to bring forward a By-law to appoint the persons listed within Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 196 of 334 Report CAO 52/15 re Advisory Boards and Committees to the applicable Board or Committee; 4. AND THAT previous appointments to Statutory Boards and Committees be governed by the Municipality of Bayham Advisory Board and Committee Policy. 5. AND THAT the Council of the Corporation of the Municipality of Bayham express gratitude to the volunteers for their time and dedication to the community. Respectfully Submitted by: Paul Shipway CAO Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 197 of 334 BY-LAW NUMBER 2015-085 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO ESTABLISH AN ADVISORY BOARD AND COMMITTEE POLICY WHEREAS Council of The Corporation of the Municipality of Bayham deems it expedient to adopt a policy with respect to Advisory Boards and Committees, including, Rules of Procedure and Terms of Reference; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS: THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Corporation of the Municipality of Bayham hereby adopts the Advisory Board and Committee Policy attached hereto as"Schedule A"and forming part of this by-law; 2. THAT By-laws No. 2007-017, 2009-133, 2010-059 and 2012-065 are hereby repealed in their entirety. 3. 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 16TH day of July, 2015. MAYOR CLERK Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 198 of 334 v,AYH44 1111 '111111111kilis I. 1. „alb op: 41( OPpol.tunity ISIto�,�5 Corporation of the Municipality of Bayham Date of Council Approval: July 16, 2015 Date of Latest Revision: Policy Name: Municipality of Bayham Advisory Board and Committee Policy Section 1 - Purpose The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent, accountable approach to working with Municipality of Bayham Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in conjunction with the Municipality of Bayham Advisory Board and Committee Rules of Procedure, attached hereto as Appendix `A', will guide current and future Advisory Board and Committee Member activity throughout the Municipality of Bayham. The Municipality of Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to participate in meaningful, transparent engagement with all residents of the Municipality of Bayham. Section 2 - Scope The Municipality of Bayham Advisory Board and Committee Policy governs Municipal responsibilities to its Advisory Board and Committee Members, as well as the selection, orientation and safety of Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy also governs Advisory Board and Committee Member rights and Advisory Board and Committee Member responsibilities to the Municipality. Section 3 - Philosophy Advisory Boards and Committees have been, and will continue to be, an integral component of the Municipality. Advisory Board and Committee Members complement and support the work of Councillors and staff, accomplish important tasks that would not otherwise be done, and support programs that could cease to exist without Advisory Board and Committee Member participation. The Municipality recognizes and greatly values the commitment and contributions of Advisory Board and Committee Members to furthering the mandate, objectives and activities of Advisory Boards and Committees of the Municipality. Municipality Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 199 of 334 of Bayham Advisory Board and Committee Members enhance and augment programs within the Municipality. Advisory Board and Committee Members bring a wide variety of skills, knowledge and experience, all of which combine to strengthen the Municipality. Therefore, the Municipality strives to provide Advisory Board and Committee Members with a meaningful portfolio that suits their skills, as well as a rewarding and challenging community-oriented experience for all those interested in the goal of enhancing the Municipality of Bayham. Section 4-Advisory Board and Committee Member Recognition Program The Council of the Municipality of Bayham shall every four years, in the final year of a term of Council recognize Advisory Board or Committee Members and Community Volunteers by hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and Community Volunteers will have the opportunity to attend and celebrate volunteerism in the Municipality of Bayham. Section 5— Municipal Responsibilities In working with Advisory Boards and Committees, the Municipality will fulfill the following responsibilities: a) Ensure that Councillors and staff recognize the role of Advisory Board and Committee Members; b) Provide Advisory Board and Committee Members with the Municipality of Bayham Advisory Board and Committee Rules of Procedure outlining the conduct of business at Advisory Board and Committee Meetings; c) Provide Advisory Board and Committee Members with written Advisory Board and Committee portfolios outlining the mandate of each Advisory Board and Committee, a copy of which is attached hereto as Appendix 'B' and shall be amended from time to time; d) Provide Advisory Board and Committee Members with appropriate orientation to the Municipality of Bayham Advisory Board and Committee Policy and supporting documentation. Section 6 - Selection and Placement Municipality of Bayham Advisory Board and Committee Members are appointed and operate based on the concept of Equal Opportunity and Diversity. The Municipality maintains a strong policy of equal opportunity. The Municipality accepts, and dismisses Advisory Board and Committee Members on the basis of personal competence, performance and dedication, without regard to race, colour, ancestry, national origin, age, gender, or sexual orientation. The process for selection, placement and dismissal from Municipality of Bayham Advisory Boards and Committees is as detailed in the Municipality of Bayham Advisory Board and Committee Rules of Procedure. An applicant must submit the Municipality of Bayham Advisory Board and Committee Application Form, a copy of which is attached hereto as Appendix 'C', to initiate the selection and placement process. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 200 of 334 Section 7 - Orientation Every Advisory Board and Committee Member shall be required to attend one (1) orientation session. It is the responsibility of the Administrator to: a) Provide an overview of the Municipality of Bayham Advisory Board and Committee Members rights and responsibilities, including Advisory Board and Committee Member responsibilities pertaining to confidentiality; b) Provide a comprehensive Municipality of Bayham Advisory Board and Committee Accessibility Handbook to all Municipality of Bayham Advisory Board and Committee Members. Additionally, every Advisory Board and Committee Member shall have a clearly identified Advisory Board or Committee Chair and a Council or staff representative who will be available for consultation and support. Section 8 -Advisory Board and Committee Member Responsibilities Advisory Board and Committee Members have the responsibility to fulfill the role of an Advisory Board and Committee Member as outlined in the Municipality of Bayham Advisory Board and Committee Rules of Procedure and Code of Conduct in addition to the following: a) Act as an ambassador of the Municipality of Bayham in the community in an effort to spread knowledge and understanding of the mandate of the specific Advisory Board or Committee; b) Not falsely represent the Municipality of Bayham Advisory Boards and Committees to outside partners, agencies or the public; c) Respect confidences and privacy of the Municipality of Bayham Advisory Boards and Committees; d) Be held accountable for their actions; e) Be wiling to learn and grow in the Advisory Board and Committee position; f) Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and appreciating differences of opinion; g) Be considerate, respect competencies and work as a team with all staff and other Advisory Board and Committee Members; h) Complete the training and/or orientation provided; i) Immediately clarify any uncertainties with the Advisory Board or Committee Chair, Councillor or staff representative; j) Follow all applicable policies, procedures and by-laws established by the Municipality of Bayham. k) Be required to sign a confidentiality statement; I) Advisory Board and Committee activity participants under the age of eighteen (18) years must be accompanied by an adult (either a parent, guardian, staff person or Advisory Board and Committee Member supervisor); Section 9 -Accessibility The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 201 of 334 goods, services, facilities, accommodation, employment, building structures and premises on or before January 1st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and AODA has strong enforcement provisions including inspections, orders and significant penalties. While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality of Bayham Advisory Board and Committee Members shall comply with all Municipality of Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees shall also ensure that adequate provisions are made to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meetings are accessible, to provide maximum participation. Reference may be made to the provisions of the Municipality of Bayham Accessibility Handbook, a copy of which is attached hereto as Appendix 'D'. Section 10 - Municipal Freedom of Information and Protection of Privacy Act The Municipal Freedom of Information and Protection of Privacy Act applies to all local government organizations, including: a) municipalities e) fire departments b) school boards f) conservation authorities c) public utilities g) boards of health d) transit and police commissions h) other local boards The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality to protect the privacy of an individual's personal information existing in government records and provides a right of access to information held by the Municipality. The Municipal Freedom of Information and Protection of Privacy Act creates a privacy protection scheme the Municipality must follow to protect an individual's right to privacy. The scheme includes rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of the Municipality. The Municipality, as a whole, including Advisory Boards and Committees, are accountable for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is against the law to release any personal information to anyone other than the person that the information is about. As such, all Advisory Board and Committee members must sign the Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement, attached hereto as Appendix `E'. The Municipal Freedom of Information and Protection of Privacy Act, Section 48, provides for penalties for contravention of the said Act. Examples of personal information include, but are not limited to, the following information about an identifiable individual: a) race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or family status; b) education, medical, psychiatric, criminal or employment history; c) financial transactions involving an individual; d) any identifying number assigned to an individual; e) home address, telephone number; f) fingerprints, blood type; g) personal opinions of or about an individual; h) correspondence between an individual and the Municipality of a confidential nature; Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 202 of 334 i) individual's name if it appears with other personal information or disclosure of the name would reveal other personal information. The Municipality of Bayham Administrator is responsible for processing all access requests, gives direction to Municipal staff on informal information requests and implements privacy protection practices. If an Advisory Board or Committee Member is unsure about the requirements pertaining to information or a record in their possession, the Advisory Board or Committee Member should contact the Municipality of Bayham Administrator prior to disclosure of any record or information for instruction. Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario N0J 1Y0 Phone: 519-866-5521 Email: pshipway@bayham.on.ca Web site: www.bayham.on.ca Section 11 - Municipal Conflict of Interest Act The Municipal Conflict of Interest Act strives to control the actions of elected and appointed Municipal representatives by obliging them to publicly disclose any direct or indirect pecuniary interests they have in a matter before Council, Committee and Advisory Boards or Committees. Conflict of interest legislation is limited to pecuniary interests. The term "pecuniary interest" is not defined in the Municipal Conflict of Interest Act, but includes direct, indirect and deemed pecuniary interests. Its dictionary definition is "to relate to money". The Municipal Conflict of Interest Act captures several scenarios that are not immediately apparent as conflicts; a) A direct or indirect pecuniary interest is a financial interest that an Advisory Board or Committee Member(which includes an Advisory Board or Committee Member's parent, spouse, partner, child (not restricted to a person 18 years of age. It includes natural children, adopted children, and those or treated as child. Accordingly, stepchildren, nephews and nieces, foster children)) or controlling interest in a corporation, has in a matter before an Advisory Committee or Board; b) An Advisory Board or Committee Member who is a partner of a person, or who is in the employment of a person or body that has a pecuniary interest in a matter must declare a conflict of interest; c) Whether the financial interest is positive or negative is immaterial for the purposes of Municipal Conflict of Interest; d) Municipal Conflict of Interest Act lists a number of conflicts of interest that do not need to be declared under the statute. If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of Interest Act requires: a) the Advisory Board or Committee Member to disclose the pecuniary interest; Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 203 of 334 b) the Advisory Board or Committee Member to not influence before, during or after a vote; c) the Advisory Board or Committee Member to not participate in the discussion or decision making; d) the Advisory Board or Committee Member to leave the room, if the matter is dealt with in-camera under the provisions of the Municipal Act, 2001; In the event of an alleged contravention, an elector may bring an application before a Judge of the Ontario Court of Justice for a determination of whether an Advisory Board or Committee Member has contravened the Municipal Conflict of Interest Act. Section 12 - Advisory Board and Committee Member Health and Safety Advisory Board and Committee Members should never be asked to do anything unsafe, and have the right to refuse any request, function or activity they feel is unsafe. The Municipality of Bayham has a wide range of interactions with Advisory Board and Committee Members and therefore expects that different approaches shall apply to different Advisory Board and Committee activities. It is important that approaches be designed within an overall policy framework across the entire Municipality of Bayham. The health and safety of Advisory Board and Committee Members is paramount and will be managed in accordance with the same principles and processes as that of Councillors and staff. All Advisory Board and Committee projects will comply with the Occupational Health and Safety Act and Regulations, and the Municipality of Bayham Occupational Health and Safety Policies. Health and safety instruction and training relevant to the specific Advisory Board and Committees will be provided to Advisory Board and Committee Members based on their specific Advisory Board and Committee Health and Safety Profile, which shall include access to the Municipality of Bayham Health and Safety Policy Manual. Training for Advisory Board and Committee Members shall comprise of a health and safety introduction and specialized training or continuing training as required for each specific Advisory Board and Committee. The introduction shall ensure that Advisory Board and Committee Members understand their duties, rights, responsibilities, health and safety issues and accident and emergency procedures. Advisory Board and Committee Members shall have the following responsibilities: a) Be familiar with the applicable requirements of the Municipality's Health and Safety Policy and the Occupational Health and Safety Act and Regulations, and ensure compliance with the same; b) Take every possible precaution to protect themselves, fellow Advisory Board and Committee Members and the public from health hazards and unsafe situations; c) Properly wear and use personal protective equipment where required; d) Familiarize themselves with the location and operation of all safety equipment including first-aid kits and fire extinguishers; e) Be responsible for the prompt reporting to their Chair, Councillor or staff person of health and safety hazards, unsafe acts or conditions, accident and injuries; f) To not engage in any prank, contest, feat of strength, unnecessary running or rough boisterous conditions. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 204 of 334 Advisory Board and Committee Members must report all accidents and injuries to their Chair, Councillor or staff person immediately. The Chair, Councillor or Staff person shall notify the Health and Safety Committee of the accident or injury immediately. Advisory Board and Committee Members are prohibited from using or possessing illicit drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham Advisory Board and Committee Members under the influence of drugs and/or alcohol will not be tolerated, and will result in the Advisory Board and Committee Member's dismissal. Section 13 - Insurance and Liability The issue of liability is based on the principle that people are responsible for their conduct in the course of daily activities. Failure to conduct oneself in a responsible and reasonable manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and occurs when negligent conduct results in some injury to others. Negligent conduct can include acts of commission or omission. The resulting damage might be to either person or property. Advisory Board and Committee Members, inclusive of Student, Affiliate and single day volunteers, while acting within a specific Advisory Board and Committee established mandate and under the control and direction of the Council of the Municipality of Bayham are covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board and Committee Members acknowledge the following: 1. Advisory Board and Committee Members shall not be covered by Workplace Safety Insurance Board coverage. 2. Advisory Board and Committee Members will abide by all applicable Municipal by-laws, policies and rules, as may be amended from time to time. 3. Advisory Board and Committee Members will not use facilities, equipment and property owned by the Municipality without approval of a Municipal staff person, and will not use them for personal purposes. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 205 of 334 RULES OF PROCEDURE FOR ADVISORY BOARDS AND COMMITTEES OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PASSED: JULY 16, 2015 Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 206 of 334 TABLE OF CONTENTS — ADVISORY BOARD AND COMMITTEE PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 1 DEFINITIONS AND INTERPRETATION 2 GENERAL PROVISIONS 3 DUTIES OF ADVISORY BOARDS AND COMMITTEES 4 MEETINGS 5 ADVISORY BOARDS AND COMMITTEES 6 AGENDAS AND MINUTES 7 ORDER OF PROCEEDINGS 8 RULES OF DEBATE AND CONDUCT 9 MOTIONS 10 VOTING ON MOTIONS 11 CONDUCT OF AUDIENCE 12 ADMINISTRATION SCHEDULE "A" CODE OF CONDUCT—ADVISORY BOARD AND COMMITTEE MEMBERS Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 207 of 334 BY-LAW NO. 2015-085 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF MUNICIPAL ADVISORY BOARDS AND COMMITTEES OF THE MUNICIPALITY OF BAYHAM AND OF THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AND WHEREAS the Corporation of the Municipality of Bayham supports and acknowledges the value of Advisory Boards and Committees and there Members; AND WHEREAS the Council for The Corporation of the Municipality of Bayham now deems it advisable to enact a By-law to govern the proceedings of Municipal Advisory Boards and Committees, the conduct of its Members and the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Act; NOW THEREFORE the Council for The Corporation of the Municipality of Bayham enacts as follows: Section 1 — DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: "Administrator" shall mean the Administrator of the Municipality of Bayham. "Advisory Board or Committee" shall mean a board or committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. "Chair" shall mean the Member appointed as such by the Advisory Board or Committee. "Council" shall mean the Council of The Corporation of the Municipality of Bayham. "Councillor" shall mean a person elected or appointed as a Member of Council but does not include the Mayor. "Delegation" shall mean a person or group of persons desiring to verbally present information or to make a request to the Advisory Board or Committee. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 208 of 334 "Mayor" shall mean the Head of Council for the Municipality. "Meeting" shall mean any Meeting of the Advisory Board or Committee. "Member" shall mean a Member an Advisory Board or Committee of the Corporation of the Municipality of Bayham. "Motion" shall mean a question or proposal to be considered by the Advisory Board or Committee and which is moved and is subject to debate. When a Motion is adopted, it becomes a Resolution. "Municipal Act" shall mean the Municipal Act, 2001,(S.O.2001, c. 25), as amended or replaced from time to time. "Pecuniary Interest" shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.0.1990, chapter M.50, as may be amended. "Point of Order" shall mean a statement made by a Member during a Meeting drawing to the attention of the Chair a breach of the Rules of Procedure. "Point of Privilege" shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of the Advisory Board or Committee as a whole have been impugned. "Presiding Member" shall mean the Chair of the Meeting. "Quorum" shall be as defined in Section 4.8 of this Procedural By-law. "Resolution" shall mean a formal expression of opinion or intention by and Advisory Board or Committee. "Rules of Procedure" shall mean the rules and requirements contained within this Procedural By-law. "Secretariat" shall mean the person elected by the Advisory Board or Committee responsible for the preparation of Agendas and taking of Minutes for the Advisory Board or Committee "Municipality" shall mean the Corporation of the Municipality of Bayham. "Vice Chair" shall mean such Member of an Advisory Board or Committee who has been elected to act in the place and stead of the Chair when such Chair is absent from a meeting of the Advisory Board or Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 209 of 334 "Website" shall mean the Municipality of Bayham website address identified as www.bayham.on.ca Section 2 - GENERAL PROVISIONS 2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Advisory Board and Committee Meetings and shall be the rules and requirements which govern the order of their business. 2.1.2 This By-law applies to the creation, amendment and dissolution of Advisory Boards and Committees and to appointments for representation of the public, Staff and Members of Council as authorized by Council on Advisory Boards and Committees. 2.1.3 This by-law outlines a fair and equitable approach and process for the establishment and operation of Advisory Boards and Committees. 2.2 Issue not Addressed 2.2.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Chair or Vice Chair, subject to an appeal to the Advisory Board or Committee, as the case may be. 2.2.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert's Rules of Order. 2.4 Communication Devices 2.4.1 All communication devices shall be switched to `silent' upon entering the location where any Council or Committee Meeting is being held. Section 3 - DUTIES OF ADVISORY BOARDS AND COMMITTEES 3.1 Duties of the Chair 3.1.1 It shall be the duty of the Chair to carry out the following responsibilities: a) to open the Meeting of the Advisory Board or Committee by taking the Chair and calling the Members to order; Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 210 of 334 b) to announce the business before the Advisory Board or Committee in the order in which it is to be acted on; c) to receive and submit, in the manner prescribed by this Procedural By-law, all Matters of Business presented by Members; d) to recognize any Member who wishes to speak and to determine the order of the speakers; e) to put to vote all questions which are regularly moved or necessarily arise in the course of the proceedings and to announce the results; f) to participate as an active and voting member, encouraging active participation by all Advisory Board and Committee members; g) to decline to put to vote motions which contravene the provisions of this Procedural By-law; h) to enforce the provisions of the Procedural By-law; i) to enforce on all occasions, the observance of order and decorum among the Members; j) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the place of Meeting; k) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting; I) to authenticate, by signature, all Meeting minutes; m) to rule on any points of order raised by Members; n) to represent and support the decisions of the Advisory Board or Committee, declaring its will and explicitly and implicitly obeying its decisions in all things; o) to be the point of contact with Council, staff and any media relations; p) to review the goals and objectives of the Advisory Board or Committee and ensure the work plan is realistic, up-to-date and being followed; Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 211 of 334 q) to recognize workload limitations of the Advisory Board or Committee; r) to adjourn the Meeting when the business is concluded. 3.2 Duties of the Vice Chair 3.2.1 Where the Chair gives notice that he will be absent from the Advisory Board or Committee, or of his absence through illness, or he refuses to act, then the Vice Chair shall act in his place and instead of the Chair and, while so acting, has and may exercise all the rights, powers and authority of the Chair. 3.3 Duties of the Members of Advisory Boards and Committees 3.3.1 It shall be the duty of the Members to carry out the role of the Advisory Board or Committee as set forth in the Advisory Board or Committee mandate, in addition to the following responsibilities: a) to deliberate on the business submitted to the Advisory Board or Committee; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to apply and respect the Rules of Procedure; d) to attend all scheduled and special Advisory Board or Committee meetings, sending regrets otherwise; e) to understand his role and expectations, including all applicable Municipality Policies; f) to follow the agenda and stay focused on the topic at hand; g) to understand and follow the mandate of the Advisory Board or Committee, including its relationship to Council; h) to understand and respect the role and expectations of all participants; i) to develop and maintain a climate where mutual support, trust, respect, courtesy, teamwork, creativity and a sense of humour are valued; j) to maintain a high degree of professionalism, discharging all duties with honour and integrity in order that the member may Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 212 of 334 merit the trust and confidence of the citizens of the Municipality of Bayham, Council and staff; k) to respect the individual worth and dignity of other members and, at all times, work together to achieve a common vision for the community, utilizing the diverse knowledge, expertise and talents of all members to optimal advantage; I) to challenge ideas and not people, creating a climate where it is okay to disagree; m) to communicate directly, concisely and honestly, listening without interruption, and be open-minded, allowing a variety of opinions to be heard; n) to work effectively with the administration to provide excellent service to residents, recognizing the professional obligations of staff as an employee of the Municipality and not intervening in administrative practices; o) to respect that resolutions made shall reflect the majority view of the Advisory Board or Committee; p) to respect that decisions of Council are final and accurately communicate the decisions of Council even if they disagree with the majority decision of the Advisory Board or Committee; q) to respect confidential information; r) to attend any training session for Members. 3.3.2 Members shall adhere to the Advisory Board and Committee Code of Conduct attached hereto as Schedule "A", as adopted by Council and as amended from time to time. 3.3.3 Advisory Boards or Committees may appoint Affiliate or Student Members from time to time. Affiliate or Student Members shall be bound by Sections 3.3.1 and 3.3.2 of this Procedural By-law; however, Affiliate and Student Members shall have no voting privileges. 3.4 Duties of the Council Members and Staff on Advisory Boards and Committees 3.4.1 It shall be the duty of Council Members and staff appointed to Advisory Boards and Committees to carry out the role of the Member as set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the following responsibilities: Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 213 of 334 a) to contact Advisory Board or Committee Chairs if issues or concerns related to Members or staff arise and ensure conflict resolution mechanisms are employed, where appropriate; b) to assist the Advisory Board or Committee by offering policy advice on matters within the purview of the Advisory Board or Committee; c) to assist the Chair in preparing any reports or action items. 3.4.2 Council Members and staff shall only vote if the Terms of Reference or mandate of the individual Advisory Board or Committee permit. 3.5 Duties of the Secretariat of Advisory Boards and Committees 3.5.1 It shall be the duty of the Member elected as Secretariat to the Advisory Board or Committee to carry out the role of the Member as set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the following responsibilities: a) to prepare agendas including relevant resolutions in cooperation with the Chair; b) to electronically distribute agendas to Members before a meeting; c) to arrange for or set up of meeting areas, giving consideration to the nature of the matters to be discussed, any audio-visual requirements, attendance by the public and ensuring accessibility for all in compliance with the Municipality Accessibility for Ontarians with Disabilities Act Handbook; d) to arrange for attendance of invited guests at meetings, in conjunction with the Chair; e) to record when the meeting started and adjourned; f) to record the Members present and absent; g) to take minutes, recording a summary of the discussion for each item, actions to be taken and recommendations, including the names of the movers of motions; h) to finalize minutes for distribution. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 214 of 334 Section 4- MEETINGS 4.1 Place of Meeting 4.1.1 Unless otherwise directed by the Advisory Board or Committee, all Meetings shall be held in Municipal facilities. 4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Advisory Board or Committee shall be held at a time determined by the Council or staff Member appointed to the Advisory Board or Committee. 4.2.2 The Advisory Board or Committee Council or staff Member shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Advisory Boards and Committees shall be held on a set schedule with fixed start times to be determined by the Advisory Board or Committee at its Inaugural Meeting, which schedule will be provided to the Administrator immediately following the Inaugural Meeting. 4.3.2 Where a change is made to the day and time of an Advisory Board or Committee Meeting, the Chair shall give notice of the change to all Members via email. 4.6 Meetings Open to Public 4.6.1 Subject to Section 4.7 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.6.2 The Chair may request that members of the public vacate the Place of Meeting if their behaviour is deemed to be disruptive to the business at hand. The Chair may unilaterally suspend the Meeting until order is restored in the Place of Meeting. 4.7 Closed Meetings 4.7.1 Except as otherwise provided herein, all Meetings shall be open to the public. 4.7.2 The Advisory Board or Committee may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 215 of 334 a) the security of the property of the Municipality or Local Board b) personal matters about an identifiable individual, including Municipal and Local Board employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council and Committee is authorized by another provincial statute to hold a closed Meeting; or h) information which is prohibited from being made public under the Municipal Freedom of Information and Protection of Privacy Act. 4.7.3 A motion by the Advisory Board or Committee, to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; b) the general nature of the subject matter to be considered at the closed Meeting. 4.7.4 Where a Meeting or part of a Meeting is closed to the public, the Advisory Board or Committee shall request those persons not specifically invited to the closed Meeting to vacate the Place of Meeting. 4.7.5 A Meeting or part of a Meeting shall not be closed to the public during a vote. 4.7.6 The Motion to rise from "In Camera" shall include the time that the Advisory Board or Committee arose. 4.7.7 The Secretariat shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of the Advisory Board or Committee when it is closed to the public. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 216 of 334 4.7.8 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Advisory Board and Committee Code of Conduct. 4.8 Quorum 4.8.1 Quorum shall be a simple majority of the total Advisory Board or Committee Members, including any vacancies. Subcommittees and Working Groups are subject to quorum rules Advisory Boards and Committees may appoint working group and sub committiees). 4.8.2 If a Quorum is not present within thirty (30) minutes after the time appointed for the Meeting, the Secretariat shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.9 Adjournment- Due Hour 4.9.1 Except as provided in Section 9.1.16 of this Procedural By-law, a Regular or Special Meeting of an Advisory Board or Committee shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such other day and time as the Advisory Board or Committee, by resolution, may direct. 4.10 Cancellation of Meeting 4.10.1 The Chair or the Vice Chair, in the Chair's absence, or the Secretariat, in the absence of both the Chair and Vice Chair, may cancel any Meeting of the Advisory Board or Committee if he is of the opinion that weather conditions or an emergency warrant. The Chair shall inform as many Members as he is able to reach, and any persons that are scheduled to be in attendance. 4.10.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of the Advisory Board or Committee. 4.11 Accessibility 4.11.1 Adequate provisions shall be made by the Chair to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meeting are accessible, to ensure maximum participation. Reference may be made to the provisions of the Municipality of Bayham Accessibility Handbook. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 217 of 334 Section 5—ADVISORY BOARDS AND COMMITTEES 5.1 Establishment of Advisory Boards and Committees 5.1.1 Advisory Boards and Committees are proposed by resolution of Council and established by by-law. Each by-law shall incorporate the mandate for the specific Advisory Board or Committee. Prior to Council's establishment of any Advisory Board or Committee staff shall submit a report to Council including the following information: a) inventory of previous and existing activities related to the matter, including public consultation initiatives; b) membership composition and level of expertise or specialization required by committee members for the selection process; c) orientation, training and facilitation needs. 5.2 Review of Advisory Boards and Committees 5.2.1 Council may review all Advisory Boards and Committees and their respective mandates at any time during the term of Council. The Administrator shall assist in this effort by providing an overview of all Advisory Boards and Committees when requested. 5.2.2 Council may abolish an Advisory Board or Committee at any time during the term of Council with fully substantiated reasoning. 5.3 Orientation Sessions 5.3.1 Orientation sessions shall be conducted for Advisory Board and Committee appointees at the beginning of each term of Council. All Members benefit from orientation. Further sessions may be conducted for appointees during the term of Council, as required. Electronic orientation handbooks will be distributed to all Members for reference purposes. 5.4 Appointment Process for Advisory Board and Committee Members 5.4.1 Where a Provincial Statute prescribes the type of appointments to be made by the Municipality to a given Advisory Board or Committee, the Statute shall be complied with. 5.4.2 Where the Municipality makes appointments to Advisory Boards or Committees of its own creation the vacancies for citizen appointments shall be publicly advertised on the Municipality of Bayham website. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 218 of 334 5.4.3 To apply to serve as a Member on a Municipality Advisory Board or Committee, interested individuals shall be invited to apply and submit an application, which is available on the Municipality of Bayham website. These appointments enable local citizens from various backgrounds to participate in local government and voluntarily give their time and expertise to help formulate the direction of certain programs. 5.4.4 All appointments to Advisory Boards or Committees shall be subject to compliance with the Municipality Advisory Board and Committee Policy, inclusive of all screening requirements. 5.4.5 The duration of Advisory Board or Committee appointments are the same as the term of Council. While appointees may serve on more than one Advisory Board or Committee, Council shall give the first consideration to individuals who are not already appointed to another Advisory Board or Committee. 5.5 Elections 5.5.1 The Chair, Vice-Chair and Secretariat shall be elected to a term as agreed upon by the Advisory Board or Committee at the Inaugural Meeting. 5.5.2 Election shall be by show of hands, with each member receiving one vote. 5.5.3 The Council Member or staff are not eligible to serve as Chair or Vice Chair. 5.6 Resignation and Dismissal Process 5.6.1 Advisory Board and Committee members wishing to resign their appointment shall submit a letter of resignation which shall be forwarded as soon as possible to the Administrator. 5.6.2 Council may, with or without the advice of the Advisory Board or Committee, and with a supporting rationale, make changes to the Advisory Board or Committee membership. 5.7 Attendance Management 5.7.1 After two consecutive absences by any Member at regularly scheduled meetings, the following process shall be followed: a) The Council Members shall informally contact the absent Member to determine if they plan to attend the next regularly Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 219 of 334 scheduled meeting, noting any reasonable or compassionate circumstances which would prohibit their attendance. b) If no reasonable or compassionate response is given, the Council Members shall inform the absent Member that if they are absent from the next regular meeting (the third meeting), the Advisory Board or Committee shall declare their seats vacant and recommend to Council the removal of the Member. c) If the Council Member is unable to reach the absent member or if there was no reasonable or compassionate grounds for absences given at the time of preparing the Agenda for the third meeting: i) The Secretariat shall include the item "Absentee Member" on the Agenda under the Matters of Business heading. ii) Upon consideration of the item, the Secretariat shall briefly identify the requirements of the Advisory Board and Committee Procedural By-law and the name of the absent Member. iii) The Advisory Board or Committee shall recommend to Council the absent Member's seat be declared vacant. d) Removal from Advisory Board or Committee Membership shall be made by resolution of Council. Council may, by resolution, based on evidence of absenteeism due to compassionate or reasonable grounds waive the attendance requirements of the Advisory Board and Committee Procedural By-law. Section 6 -AGENDAS AND MINUTES 6.1 Advisory Board and Committee Agenda 6.1.1 The Secretariat shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at Meetings of the Advisory Board or Committee: Call to Order Disclosures of Pecuniary Interest Delegations Adoption of Minutes Matters of Business Adjournment Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 220 of 334 6.1.2 The Agenda shall be emailed to each Member no later than two days preceding the commencement of the Regular Advisory Board or Committee Meeting in question. 6.1.3 The business of the Advisory Board or Committee shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 6.2 Meeting Minutes 6.2.1 Meeting structure, Agenda and Minute formats should meet the individual needs of Advisory Boards and Committees, while ensuring consistency, completeness and accountability. An Advisory Board or Committee may choose to follow a more informal procedure and allow for a consensus approach to discussion. It is recommended that the following components be included in Agendas, where specific subject items are described in each component and the use of the minute template, as approved by the Administrator. 6.2.2 The Secretariat shall cause the Minutes to be taken of each Meeting of the Advisory Board or Committee, whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Presiding Officer or Officers and the record of attendance of the Members; should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes of prior Meetings; and e) all resolutions, decisions and all other proceedings of the Advisory Board or Committee, without note or comment. 6.2.3 The Minutes of each Advisory Board or Committee shall be presented to the Members for confirmation at the next Regular Meeting. Section 7 - ORDER OF PROCEEDINGS 7.1 Call to Order 7.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Chair shall call the Members present to order. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 221 of 334 7.1.2 If the Chair does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a Quorum is present, the Vice Chair shall preside over the Meeting and shall exercise all duties and responsibilities of the Chair as outlined in this Procedural By-law until the Chair is present at the Meeting and able to perform his responsibility to assume the chair. 7.1.3 If the Vice Chair is also not present within fifteen (15) minutes after the time set for the Meeting and a Quorum is present, the Secretariat shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act as Chair of the Meeting until the arrival of the Chair or Vice Chair, whoever is the first to arrive and is able to assume the chair. 7.2 Disclosures of Pecuniary Interest 7.2.1 Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting of the Advisory Board or Committee at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 7.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 7.2.1 of this Procedural By-law, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration. 7.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting of the Advisory Board or Committee attended by him after the particular Meeting. 7.3 Delegations 7.3.1 Delegations shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of the Members present. Where a delegation consists of a group of three Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 222 of 334 or more persons, the group may address the Advisory Board or Committee for no more than fifteen (15) minutes. 7.3.2 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentarily language; c) speak on any subject other than the subject for which they have received approval to address the Advisory Board or Committee; or d) disobey the rules of procedure or a decision of the Chair. 7.3.3 The Advisory Board or Committee may refuse to hear delegations when, in the opinion of the Advisory Board or Committee, the subject of the presentation is beyond the jurisdiction of the Advisory Board or Committee. 7.4 Matters of Business 7.4.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of another Agenda heading, shall be disposed of during this portion of the Meeting. 7.4.2 Items of business requiring the direction of the Advisory Board or Committee or a formal resolution will appear under this heading in the Agenda. These matters should generally pertain to information items and can include correspondence and Members' Reports. 7.4.3 All Matters of Business intended to be presented to the Advisory Board or Committee shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Secretariat before it is presented to the Advisory Board or Committee 7.4.4 All matters to be considered under this heading of the Agenda shall be received by the Secretariat no less than five (5) days prior to the Advisory Board or Committee Meeting date. 7.5 Adjournment 7.5.1 See Section 9.1.14 of this Procedural By-law Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 223 of 334 Section 8 - RULES OF DEBATE AND CONDUCT 8.1 Duties and Conduct 8.1.1 Advisory Boards and Committees work on behalf of Council for the citizens of the Municipality of Bayham. Advisory Boards and Committees may consult with community stakeholders or engage in activities that puts Members in direct contact with citizens and various organizations. Members shall reflect a professional and courteous manner when interacting with the public. Should a Member exhibit a pattern of inappropriate conduct, the Advisory Board or Committee or staff may request that Council rescind the Member's appointment. 8.1.2 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; b) use offensive words or unparliamentarily language or speak disrespectfully against the Advisory Board or Committee, against any Member or against any officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of Procedure except where the ruling of the Chair is reversed by the Advisory Board or Committee pursuant to subsection 8.6.2. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order that Member to vacate the Place of Meeting, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat; e) speak in a manner that is discriminatory in nature based on an individual's race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; f) where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 224 of 334 8.2 Address the Chair 8.2.1 Any Member desiring to speak shall signify a desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only. 8.3 Order of Speaking 8.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 8.4 Point of Privilege 8.4.1 Where a Member considers that his integrity or the integrity of the Advisory Board or Committee as a whole has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of the Advisory Board or Committee to the matter. 8.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege. 8.4.3 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 8.5 Point of Order 8.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 8.6 Appeal of Ruling of Chair 8.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to the Advisory Board or Committee the decision of the Chair shall be final. 8.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to the Advisory Board or Committee otherwise the decision of the Chair is final. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 225 of 334 8.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by the Advisory Board or Committee, without debate on the following question: "Will the ruling be sustained?", and the decision of the Advisory Board or Committee is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 8.7 Members Speaking 8.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order. Section 9 - MOTIONS Reading 9.1.1 All motions must be introduced by a mover before the Chair may put the question or motion on the floor for consideration. Withdrawn 9.1.2 After a motion is properly moved, it shall be deemed to be in possession of the Advisory Board or Committee, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 9.1.3 No Member shall speak to any motion until it is properly moved, and the mover is entitled to speak first if the Member so elects. Motion ruled out of order 9.1.4 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the Chair shall rule the motion out of order. Not within jurisdiction of Council 9.1.5 A Motion in respect of a matter which requires the exercise of a legislative power by the Advisory Board or Committee which is not within its jurisdiction shall not be in order at a Meeting the Advisory Board or Committee. Motion to Amend 9.1.6 A motion to amend: a) shall be presented in writing if requested by the Chair; Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 226 of 334 b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in reverse order to the order in which the amendments are made. 9.1.7 Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion. Motion to table 9.1.8 A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended. 9.1.9 The matter tabled shall not be considered again by the Advisory Board or Committee until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 9.1.10 A motion to lift a tabled matter from the table is not subject to debate or amendment. Reconsideration 9.1.11 A resolution or any question or matter which has been adopted previously by the Advisory Board or Committee may be reconsidered by the Advisory Board or Committee subject to the following: a) a majority of the Advisory Board or Committee agree to such reconsideration by Resolution. Only a Member who voted thereon with the majority may make a Motion to Reconsider; b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a Motion to Reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 227 of 334 e) a vote to reconsider a particular matter or decision will not be considered more than once during the term of the Advisory Board or Committee. Motion to recess 9.1.12 A motion to recess shall provide for the Advisory Board or Committee to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted. 9.1.13 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 9.1.14 A motion to adjourn is not debateable or amendable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the matter before the Advisory Board or Committee. 9.1.15 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the Advisory Board or Committee to an end. 9.1.16 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and voting. Section 10 -VOTING ON MOTIONS Unrecorded Vote 10.1 A simple majority vote of the Members present shall be followed. Recorded votes shall not be permitted. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 228 of 334 10.2 The manner of determining the decision of the Advisory Board or Committee on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. 10.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 10.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 10.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that question. 10.6 Each Member has only one vote. 10.7 The Chair shall announce the result of every vote. Section 11 - CONDUCT OF THE AUDIENCE 11.1 Members of the public who constitute the audience in the Advisory Board or Committee Place of Meeting, during a Meeting, shall respect the decorum of Advisory Boards and Committees, maintain order and quiet and may not: a) address the Advisory Board or Committee without permission; b) interrupt any speaker or action of the Members or any person addressing the Advisory Board or Committee; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 11.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Place of Meeting. 11.3 The Chair may request that a Member or Members of the public vacate the Place of Meeting if his behaviour is deemed to be disruptive to the business at hand. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 229 of 334 Section 12 -ADMINISTRATION 12.1 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular includes the plural, and vice-versa, as the context requires. 12.2 This By-law shall be administered by the Administrator. 12.3 This By-law shall come into full force and effect on the 16 day of July, 2015. 12.4 The short title of this By-law is the "Advisory Board or Committee Procedural By-law" READ A FIRST, SECOND and THIRD time and finally passed on the 16 day of July, 2015. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 230 of 334 SCHEDULE 'A' CODE OF CONDUCT - ADVISORY BOARD AND COMMITTEE MEMBERS Advisory Committee Members Code of Conduct Advisory Boards and Committees are established by Council for the purpose of encouraging community participation in a variety of issues relevant to the Municipality. The Municipality recognizes such bodies play an important part in the corporate decision- making process by providing a means for elected representatives and staff to receive perspectives and insight from affected citizens on a variety of matters. Advisory Boards and Committees report to Council and the nature of Advisory Board and Committee recommendations to Council is purely advisory, not advocacy. In recognition of the impartial and objective recommendations that Council receives from Advisory Boards and Committees, as well as the challenges and inherent restrictions placed upon these same individuals in assessing and recommending various options in a conscientious and ethical manner, the following Code of Conduct is provided as a general standard for all Municipality Advisory Board and Committee Members to ensure they are acting in a manner that is appropriate with regard to accountability and transparency. 1. Advisory Board and Committee Members shall, when conducting business, preparing written correspondence, interacting with media, Members of Council, staff or members of the public, act in a manner that accomplishes the following: a) fulfil the mandate of the Advisory Board or Committee; b) respect due process and the authority of the Chair; c) demonstrate respect for all fellow Advisory Board and Committee Members, Council, staff and the public regardless of cultural or linguistic diversity and life circumstances; d) respect and give fair consideration to diverse and opposing viewpoints; e) demonstrate due diligence in preparing for meetings, special occasions, or other Advisory Board or Committee related events; Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 231 of 334 f) demonstrate professionalism, transparency, accountability and timeliness in completing any tasks or projects undertaken by the Advisory Board or Committee; g) conform with all applicable legislation, by-laws, policies and guidelines; h) work in conjunction with the community; i) contribute in a meaningful manner, offering constructive comments to Council, staff and fellow Advisory Board and Committee Members. 2. A Member of an Advisory Board or Committee shall not: a) engage in any business or transaction or have a financial or personal interest that is incompatible with the Advisory Board or Committee official duties; b) place oneself in a position where the Member is under obligation to any person who might benefit from special consideration or favour on the Member's part or who might seek in any way preferential treatment; c) accord, in the performance of official duties, preferential treatment to relatives or to organizations in which the Member has an interest, financial or otherwise; d) place oneself in a position where the Member could derive any direct or indirect benefit or interest from any matter about which the Member can influence decisions; e) benefit from the use of information acquired during the course of the Member's official duties which is not generally available to the public; f) accept gifts, hospitality, or entertainment that could reasonably be construed as being given in anticipation or recognition of special consideration by the Member or the respective Advisory Board or Committee. 3. Should a Member of an Advisory Board or Committee breach any of the clauses set out herein, the following actions may occur: a) An Advisory Board or Committee may censure the Member or recommend to Council removal of the Member from the Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 232 of 334 Advisory Board or Committee; b) A formal warning may be issued to the Member from the Chair of the Advisory Board or Committee; or c) Should subsequent breaches occur following the formal warning, the Chair may suspend the Member and recommend removal to Council. Member's Name (Printed) Signature Date Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 233 of 334 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Joint Cemeteries Board Statutory- Discretionary Statutory Funeral, Burial and Cremation Services Act, 2002 Municipal of Bayham Cemeteries Regulatory By-law Acronym BJCB Mandate To co-ordinate and support the efforts in pursuing consistency among the Bayham Cemetery Boards, and ensuring compliance with the requirements of the Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as amended from time to time. Sub-Committees forming Individual Boards shall be established to be responsible for the maintenance and operation of each of the following cemeteries in the Municipality of Bayham and be known as: The Straffordville Cemetery Board The Smuck Cemetery Board The Eden Cemetery Board The Calton Cemetery Board The Guysboro Cemetery Board The Dobbie Cemetery Board The Best Cemetery Board The Bayham West Cemetery Board The Sub-Committee Boards may initiate and undertake other projects, in regard to cemeteries without any individual Board structure, either individually or jointly. Other Municipal Cemeteries acknowledged as having no individual board structure at this time include: Light Edison Claus Stanton Firby Old Eden Old Richmond (Godwin) Otter Valley Estherville (also know as Otter Valley Baptist&Old Port Burwell) Amerman Abandoned Hemlock Creek Hutchison Composition Nine (9) members of the public Council Representation One (1) Member of Council—no voting privileges Staff Representation One (1) Staff person—no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 234 of 334 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Harbourfront Advisory Committee Statutory- Discretionary Discretionary Acronym HFC Mandate The Harbour Front Committee (HFC)will provide advisory support to Council in regard to the promotion, improvement and development of the Bayham harbourfront area and related infrastructure. The Committee will work towards the creation of a vibrant harbourfront area to promote a strong economic base with enhanced tourism and inclusion of natural and heritage resources, within the financial realities of the Municipality of Bayham. The Committee will provide advisory recommendations to Council for the promotion, improvement and development of the harbour area with the goal to contribute to employment opportunities, community renewal, beautification and recreational opportunities. The Committee will work closely with other related groups and agencies including but not limited to the County of Elgin Economic Development Department, Port Burwell Provincial Park and Otter Valley Naturalists. Composition Nine (9) members of the public Council Representation One (1) Member of Council—full voting privileges Staff Representation One (1) Staff person—no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 235 of 334 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Museums Bayham Board Statutory- Discretionary Discretionary(By-law No. 2006-082, Collections& Records Management Policy, By-law No. 2006-083, Education Policy, By-law No. 2007-018, Staff Training Policy) Acronym MB Mandate Museums Bayham exists to educate the citizens of Bayham and the community beyond about the history of the Bayham area, subject to budgetary requirements and limits as approved by the Council of the Municipality of Bayham, following the procedures and policies approved by Bayham Council. This includes Port Burwell and its lighthouse in relation to the local and marine heritage of the Great Lakes, and also Vienna's Canadian connection to the Thomas Alva Edison family heritage, fostering an appreciation for the relationship of Bayham's past to its present and future development. To this end, Museums Bayham collects, records, preserves, researches, shares, promotes and presents exhibits and interprets documents and artifacts related to the history of Bayham, in accordance with the financial realities of the Corporation of the Municipality of Bayham. The premises known municipally as 20 Pitt Street and 17 Robinson Street and known as the Port Burwell Marine Museum and Lighthouse, respectively, shall continue to be maintained and identified as the Port Burwell Marine Museum and Lighthouse. The Marine Museum and Lighthouse have been established to serve the inhabitants of Port Burwell and the Bayham area, with a strong appeal to tourists visiting the region. The museum collection will focus on marine documentation and artifacts that illustrate the relationships between marine life on the Great Lakes together with domestic and commercial life of the Village as a port on Lake Erie. The premises known municipally as 14 Snow Street, and known as the Edison Museum of Vienna shall continue to be maintained and identified as the Edison Museum of Vienna. The Edison Museum has been established to promote recognition of the extent and impact of Thomas Alva Edison, the inventor, on the local area, and worldwide, by his many inventions and family artifacts on display, and promote and preserve the historical artifacts and records of the Bayham area and its inhabitants. Service and Operation Programming The Board with assistance of Staff will be responsible for the preparation and review of policies and procedures for service, operation, programming, and long- term planning goals for the museums. Artifacts Ownership of any and all donated items lies with the Municipality of Bayham, who will provide adequate insurance coverage including on-loan items, subject to consideration of Council considering recommendations of the Board. Acquisition, disposal, and records of documents, objects and artifacts will be governed by the Museums' collection development and management policy as adopted by the Council of the Municipality upon recommendation of the Board. Ownership by the Municipality of Bayham may be assigned to its successors, administrators and assigns absolutely. Displays and exhibits will be approved by the Board. Finance and Budgeting The Board in communication with the appropriate staff,will prepare, review and submit annual operating budget requirements, including long-term capital projects, to the municipal administration,for Council's consideration and approval Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 236 of 334 annually as required. The Board will monitor the budgets throughout the year. Reserves/Reserve Funds may be established as approved by Council through the budget process. Bequests and financial donations will be accounted for through Municipal administration. Purchasing Purchasing is to be coordinated through staff in accordance with the Municipal Procurement By-law. Any such purchases must be within the Budgets established and approved by Council, and must be approved by the Board. A Petty Cash Fund(s) may be permitted at the discretion of the Board. Such petty cash fund will be administered by staff. Human Resources The Museums and staff shall be governed by Council through the Administrator in accordance with municipal policies and procedures. The Board will provide general direction of staff at the museums, assisted by municipal staff as appropriate, within the guidelines of the annual budget and personnel policy, as approved by Council. Special Events and Exhibits The Board,with assistance of museum staff and volunteers, may undertake special events, displays, and exhibits at its discretion, within the guidelines of the annual operating budget as approved by Council. Fundraising and Donations The Board,with assistance of museum staff and volunteers, will undertake and promote fundraising and donation programs to the best of its ability. Such programs may be for general operating assistance or special programs/capital projects (approved by Council). All accounts shall be accounted for through Municipal administration. Facility Management The Board will provide input/information to municipal administration for the Capital and Operating needs of Museum facilities. Such needs shall be considered in the preparation of budgets presented to Municipal Council. Composition Eleven (11) members, including six(6)community members, one(1) member from the Port Burwell Historical Society, one (1) member from the Bayham Historical Society, one (1) expert representative from a professional heritage facility(active or retired), if possible. Council will endeavor to provide membership from the Bayham community that will support the mandate and success of both museum facilities. Council Representation One (1) Member of Council—no voting privileges Staff Representation One (1) Staff person—no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 237 of 334 YHA P O�poj'tunity Y0�,�9 Corporation of the Municipality of Bayham Advisory Board & Committee Member Application Form I am interested in participating as a volunteer on the following boards and/or committee(s): Explain why you would like to serve on each board or committee identified above, including any skills or experience which would be of value to the committee or board: Do you have any experience volunteering? OYES ONO if Yes, in what capacity: We want to ensure persons with disabilities are able to participate on municipal committees. If you have a disability, what accommodations, if any, would you need to carry out this position? Please provide any additional information which may be of assistance in the selection process. Applicants Signature: Date: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866- 5521 or at accessibility@bayham.on.ca. NOTE: Personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act c.M56 s.29(2)and will be used to appoint citizen members to municipal boards, or committees. Information on this form will be disclosed to the public for candidate selection purposes. Questions about this collection should be directed to the Municipal Clerk at the address indicated at the top of the application. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 238 of 334 vpxYHA. 41 I O�poj'tunity Imo• ACO Corporation of the Municipality of Bayham Advisory Board and Committee Member Confidentiality Statement The Municipality of Bayham and its Boards, Committees, Volunteers and Employees adhere to the requirements of the Municipal Freedom of Information and Protection of Privacy Act, , am an Advisory Board or Committee Member serving as a volunteer citizen member of the Corporation of the Municipality of Bayham. I HEREBY ACKNOWLEDGE AND UNDERSTAND THE FOLLOWING: THAT the Municipal Freedom of Information and Protection of Privacy Act provides that all persons appointed or chosen under the authority of a municipal council are governed by the said Act and includes citizen members of boards, committees and volunteers appointed by Council from time to time; THAT the Municipal Freedom of Information and Protection of Privacy Act, Section 48, provides for penalties for contravention of the said Act; I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT in the course of carrying out my volunteer role, I may have access to and may be dealing with records containing confidential information and/or personal information which reveals the identity of the person who is the subject of the record or identify a person who has provided information about the subject of the record; I HEREBY AGREE to hold such information confidential and, except as may be legally required, will not disclose or release it to any person at any time without proper consent or authorization; I FURTHER AGREE to take appropriate security measures to prevent unauthorized access to confidential information. DATED at the Municipality of Bayham this day of , 20_ Signature: Witness: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-5521 ext. 209 or at accessibility@bayham.on.ca. Report CAO-52/15 by Paul Shipway,CAO re Advisory Boards&C... Page 239 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z640-2015 GUNSTONE BEING A BY-LAW TO AMEND BY-LAW No.Z456-2003,AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No.Z456-2003,as amended; THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 7 by removing from the Agricultural(Al)Zone and adding to the Agricultural[holding] (Al[h2/h3])Zone,which lands are outlined in heavy solid lines and marked A1[h2/h3]on Schedule "A"to this By-law,which schedule is attached to and forms part of this By-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time;or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST AND SECOND TIME THIS 16th DAY OF JULY 2015. READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JULY 2015. MAYOR CLERK By-Law Z640-2015 Being a By-law to further amend By-law Z456... Page 240 of 334 fa F! k SEE SCHEDULE A-MAP No.4 SEE SCHEDULE A• MAP No.6 I SEE SCHEDULE Z-7 I MAP RICHMOND • ,,,,,,k, 7,4. �,; I i IP I; 1 I� li LOT 109 LOT 1110 1 a ] } L- ,1, \`I t " j J 1 1 -I _ 1'' i 1; - -. IdD'' ' . ,• i-..- 1 j * - •._ i r ! p. t `-r�-• - - --I �_} I"-19�1,16.") lfi '1211'1117,)'011117 I 113 1 �.,L-> ` _-SOUTH OF 1 LOT 114 I,� ^"1 I` '1-1 -r TALBOT `- I r¢ :.. 4 ROAD EAST ', ) '''-:.\-‘1---'.i i ` J T% � II I i 11, j ' � �+� yL =1-'''''''44.",.:.:,. Irk,,- ' 1 ',..) t i .__ %-' r____:::.1,1-' I:'.` Y CONS m F t- LOT I .J -'�I- ._ i A}� _'�Y �''';: JI;SLOT 2 . l I- ,5 I! J T I _J k `t6I..3- I. t I'J I x [' LOT 4 I i- i] rs 1 - ItAT 5 t + 4 w ' 7!---.;.•:'--0 - '- I I I W �tI: ! I- LOT 6 ! 07 1L. - r - r- __:.:;P14 :�i14S1 11 '' L T7 -,m r.— iA1thVlh3) . - j LOT B ti rt II l } J 44-441 - ' _ 1 i r_ i '; E' .`, • �'y I "1 hi 1 it I: 1 ) I ll_ —- ' iI� 1 l `A� SEE SCHEDULE A-MAP Ne.10 SEE SCHEDULE O- MA PTCALTON MUNICIPALITY OF BAYHAM Legend SCHEDULE A 0 ZELA Nom (7, LPRCA Regulation Limit MAP No.7 0 200 900 800 arra By-Law Z640-2015 Being a By-law to further amend By-law Z456... Page 241 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-065 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE STEWART MUNICIPAL DRAIN NO. 1 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: Part Lots 21 and 22, Concessions 8 and 9, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 208367, prepared by Spriet Associates, dated March 5, 2015, re-submitted May 28, 2015 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$68,40000; 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. 208367, dated March 5, 2015, re-submitted May 28, 2015 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$68,400.00, being the amount necessary for construction of the drainage works. 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 a rate not higher than the rate charged by a chartered bank of Canada. 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. By-Law 2015-065 Being a Provisional By-law to provide for dr... Page 242 of 334 By-law No.2015-065 -2- 4. For paying the amount of$186.00 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$250.00 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"Stewart Municipal Drain No. 1". READ A FIRST AND SECOND TIME this 16th day of July,2015 and provisionally adopted this 16th day of July,2015. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of 2015. MAYOR CLERK By-Law 2015-065 Being a Provisional By-law to provide for dr... Page 243 of 334 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#2015-065 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on August 20, 2015 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 By-Law 2015-065 Being a Provisional By-law to provide for dr... Page 244 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-077 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE PETERS DRAIN BRANCHES 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: Part Lot 5, Concession 9, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 214226, prepared by Spriet Associates, dated May 28, 2015 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$61,100.00; 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. 214226, dated May 28, 2015 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$61,100.00, being the amount necessary for construction of the drainage works. 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 a rate not higher than the rate charged by a chartered bank of Canada. A special equal rate sufficient to redeem the principal and interest on the debentures shall be levieJ 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. By-Law 2015-077 Being a Provisional By-law to provide for dr... Page 245 of 334 By-law No.2015-077 -2- 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$250.00 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`Peters Drain Branches". READ A FIRST AND SECOND TIME this 16th day of July,2015 and provisionally adopted this 16th day of July,2015. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of 2015. MAYOR CLERK By-Law 2015-077 Being a Provisional By-law to provide for dr... Page 246 of 334 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#2015-077 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on August 20, 2015 at 8:15 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 By-Law 2015-077 Being a Provisional By-law to provide for dr... Page 247 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO,2015-078 A BY-LAW TO APPOINT A MUNICIPAL AUDITOR FOR THE MUNICIPALITY OF BAYHAM WHEREAS Section 296 (3) of the Municipality Act, 2001, S.O. 2001, c. 25, as amended provides authority for municipalities to appoint a municipal auditor for a term not to exceed five years; ANDWHEREAS the Council of the Municipality of Bayham now deems it necessary to appoint an Auditor for the fiscal years 2015 to 2019 inclusive. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Graham Scott Enns LLP Chartered Professional Accountants, Public License No. 1-18443,is hereby appointed as the Municipal Auditor for the Municipality of Bayham for the fiscal years 2015 to 2019 inclusive. 2. THAT this By-law takes effect on the day of passing. READ A FIRST,SECOND TIME AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF JULY 2015. MAYOR CLERK By-Law 2015-078 Being a By-law to appoint a Municipal Audito... Page 248 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-079 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN EMPLOYMENT AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND MARION FAITH ROGERS WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an Employment agreement with Marion Faith Rogers, for the position of Civil Marriage Officiant in the Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule"A" and forming part of this by-law between Marion Faith Rogers and the Municipality of Bayham. 2. THAT this by-law shall come into full force and effect upon final passing. 3. AND THAT the CAO/Deputy Clerk be appointed as a Marriage Officiant with the Registrar and Ministry of Consumer and Business Services. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16T" DAY OF JULY 2015 MAYOR CLERK By-Law 2015-079 Being a By-law to authorize the execution of... Page 249 of 334 Schedule"A"to B/L 2015-079- Page 1 AGREEMENT THIS AGREEMENT made as of this 16th day of July, 2015 BETWEEN: The Municipality of Bayham, A Corporation incorporated under the laws of the province of Ontario, Hereinafter referred to as the "Municipality" OF THE FIRST PART; -and- Marion Faith Rogers Of the Municipality of Bayham in the Province of Ontario, Hereinafter referred to as the "Employee" OF THE SECOND PART. WHEREAS the Municipality and the Employee have agreed to enter into this Agreement to set out the terms and conditions of employment by the Municipality of the Employee as Marriage Officiant. NOW THEREFORE in consideration of the mutual covenants exchanged between the parties herein, THE AGREEMENT WITNESSETH AS FOLLOWS: Position and Term 1. The employment of the Employee under this Agreement shall commence July 16, 2015 and shall be effective up to and including December 31, 2018. 2. The Employee shall perform all the duties in the job description attached hereto as Appendix "A", and shall be performed pursuant to the provisions hereof, diligently and in good faith and with a view to the best interest of the Corporation. Remuneration and Benefits 3. The remuneration shall be paid to the Employee, as applicable, on a bi-weekly basis as follows per: ■ marriage ceremony $125.00 ■ rehearsal $ 75.00 ■ renewal of vows $ 75.00 ■ cancellation or non-attendance of applicants $ 50.00 Mileage outside the boundaries of Bayham only shall be paid at a rate of$0.45 per kilometre. Statutory benefits on remuneration only shall apply. By-Law 2015-079 Being a By-law to authorize the execution of.. Page 250 of 334 Schedule"A"to B/L 2015-079- Page 2 Hours of Work 4. The Employee shall be available on an as needed basis for a variable number of hours each week as duties require. Employment Conditions 5. Employment conditions may often be outside and can be expected to vary as weather and seasons change. Vacation 6. Vacation pay shall be paid as required by statute each pay period. Termination 7. The Employee agrees that the Municipality may terminate this employment at any time without notice or compensation, for just cause. 8. The Corporation or the Employee may terminate this Agreement at any time on thirty (30) days written notice. Upon a breach of this agreement, either party may withdraw from the agreement without notice or cash in lieu of notice or other financial penalty. Renewal 9. This Agreement does not renew without the written agreement of the parties. Complete Agreement 10. Except as otherwise noted herein, this Agreement sets out the entire agreement which the parties have entered into, and neither relies upon representations or terms not included herein. IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the day and year first above written. (Witness) )Marion Faith Rogers )(The Employee) The Municipality of Bayham )(The Corporation) )Mayor )Clerk By-Law 2015-079 Being a By-law to authorize the execution of.. Page 251 of 334 Appendix"A"to Schedule "A"to B/L 2015-079—Page 1 MUNICIPALITY OF BAYHAM JOB DESCRIPTION Position: Marriage Officiant Reports to: CAO/Clerk Knowledge: Excellent knowledge of the Marriage Act and how to apply legislated requirements Should have a general understanding of other related provincial legislation Have completed or willing to complete the Civil Marriage Solemnization Training for Municipal Clerks or Designates Minimum of Secondary School Education An equivalent combination of education and experience. Experience: Previous personal computer experience in a Windows environment, including Microsoft Office is required. Leadership: Minimal leadership is required. Initiative/ Creativity: Considerable creativity is required in providing information and customer services to clients. Exercises initiative in providing innovative ideas in the conduct of marriage solemnizations. Monitors and improves efficiency and effectiveness of policies and procedures Contact: Considerable sensitive personal and telephone contact with the public, provincial officials, employees, and Council. Decision Making: Some judgement is required when assisting the public and provincial agencies with their inquiries. Working Conditions: Work week is flexible based on needs of clients Must be able to attend evening events as deemed necessary by the Clerk or Administrator Duties will be conducted at home, in the municipal office and other locations and facilities as appropriate. Effort: Mental and visual demands associated with carrying out duties associated with the position of marriage officiant including stress, dealing with the public, new and unexpected problems and critical time deadlines for work performances. Limited physical effort associated with the infrequent moving of small furniture objects. Function: Responsible for preparation and conduct of marriage services, scheduling meetings and services,following and implementing customer service policies. By-Law 2015-079 Being a By-law to authorize the execution of.. Page 252 of 334 Appendix"A"to Schedule"A"to B/L 2015-079—Page 2 Principal Functions: 1. Knows and is able to apply the legislative requirements of the Marriage Act and Regulations. Understands definitions, who may marry — consent, authority to solemnize marriages,witnesses, role of Clerk or Administrator. 2. Ensures marriage solemnization documents and statistical reports are reviewed with the CAO/Clerk and submitted to the Office of the Registrar General in a timely manner. 3. Organizes and arranges all meetings with clients and conducts Civil Marriage Solemnization ceremonies. 4. Ensures the Council Chambers is prepared for ceremonies. 5. Responsible to greet clients, respond to solemnization inquiries, receive payments by cheque or cash, issue receipts, submit funds to municipality promptly, complete marriage solemnization documents and record information in the register. 6. Acts as initial contact on the telephone or email and taking appropriate action as required. 7. Maintains an adequate stationery supply. 8. Responsible for collecting, keeping and dispensing information under the supervision of the Administrator under the authority of the Municipal Freedom of Information and Protection of Privacy Act. 9. Identify and address various scenarios, such as the need for an interpreter, under age marriage, request for a proxy, intoxication, mental illness and learn to handle these scenarios appropriately. 10. Knows how to complete and process various registration documents and solemnization register. 11. Understand what is mandatory and what else may be said during a ceremony. Prepare and conduct the ceremony in an appropriate manner using various scripts. 12. Carries out additional duties and exercises such additional responsibilities as assigned by the CAO/Clerk and/or as may be required by law. By-Law 2015-079 Being a By-law to authorize the execution of.. Page 253 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2015-080 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN EMPLOYMENT AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND JACQUELINE B. RINGLAND FOR FACILITY AND COMMUNITY CENTRE MANAGEMENT WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Jacqueline B. Ringland for the provision of Facility and Community Centre Management services in the Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule"A"and forming part of this by-law between Jacqueline B. Ringland and the Municipality of Bayham for the provision of Facility and Community Centre Management services; 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 16TH DAY OF JULY 2015. MAYOR CLERK By-Law 2015-080 Being a By-law to authorize the execution of.. Page 254 of 334 Schedule"A" B/L 2015-080 THIS AGREEMENT made in triplicate this 16th day of July 2015 BETWEEN: JACQUELINE B. RINGLAND Hereinafter referred to as"the Contractor OF THE FIRST PART -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter referred to as"the Municipality" OF THE SECOND PART WHEREAS the Municipality of Bayham is desirous of entering into an Agreement for contracted service for the provision of Facility and Community Centre Management services, NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. The Contractor hereby convenants and agrees to perform Facility and Community Centre Management services in the Municipality of Bayham. 2. The Contractor hereby convenants to perform Management services in accordance with the requirements attached hereto as Appendix"A". This schedule may be modified only upon mutual written agreement. 3. The Municipality hereby convenants to pay the agreed upon price of: One Thousand Fifty Six Dollars and Sixty One Cents($1056.61)monthly for the months of November—April, and; One Thousand Two Hundred Eighty One Dollars and Sixty Once Cents for the months of May—October. fora term ending December 31, 2018. 4. The parties agree that any works or services in addition to those included in Appendix "A"shall be carried out only with the prior direction of the Municipality. 5. a)The Contractor shall, during the entire term of this Agreement, provide and keep in force for the benefit of the Municipality, a comprehensive general liability insurance policy, including the Municipality as an additional insured, in an amount of not less than $2,000,000 providing coverage for and including bodily injury, death or property damage. b)The Contractor shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificates of insurance, showing that it has complied with the provisions of Paragraph 5(a)including naming the Municipality as an additional insured. By-Law 2015-080 Being a By-law to authorize the execution of.. Page 255 of 334 6. The Contractor shall indemnify and save harmless the Municipality and their employees from all actions,suits, claims and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except from damage caused by the negligence of the Municipality or its employees. 7. During the currency of this Agreement,either of the Parties shall have the right to call a meeting regarding any aspect of the Agreement which is unsatisfactory to one or both of the said Parties. 8. This Agreement may be terminated by either of the Parties upon thirty(30)days written notice. 9. This Agreement shall enure and be binding upon the Parties hereto and their successors when attached to and confirmed by By-law of the Council of the Municipality and signing by the Contractor and shall not be assigned without the consent of both Parties. 10. This Agreement shall be effective from July 16, 2015 up to and including December 31, 2018. The Municipality reserves the right and the Contractor agrees to allow the Municipality the option of renewal for a further two year term with all conditions contained herein in force with an annual 1.5% indexing of fees in 2019 and 2020. 11. The Municipality may review and remove the premium for pavilion and ball diamond management at the conclusion on 2015 and by mutual agreement thereafter. IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the day and year first above written. } (Witness) }Jacqueline B. Ringland )(The Employee) The Municipality of Bayham )(The Corporation) )Mayor )Clerk By-Law 2015-080 Being a By-law to authorize the execution of... Page 256 of 334 Principal Functions: 1. Provides managerial services on a day to day basis regarding operation of the Community Centre, Straffordville Pavillion,the Straffordville and Port Burwell Ball Diamonds and the revenue derived therefrom. 2. Meets the prospective renters of the facilities to view the facilities, and when the facilities is rented, arranges for the execution of the standard rental agreement. 3. Receives all down payments required for the rental of the facilities or part of the facilities and obtains the balance of the rental payment when due. Arranges for the facilities to be open for the use of persons or organizations who have rented the premises, or part of the premises. 4. Arranges to be present or delegate a responsible person(over 21 years of age)to be present at the facilities in order to ensure the facility is being used in a safe and orderly manner and also for the purpose of being of assistance to the persons or organizations using the facility. 5. Sets up all tables and chairs for the individuals or organizations renting the premises, according to the direction of the Renter, but not in a manner that would prevent the safe and orderly exit of persons attending the scheduled function in the event of an emergency. 6. Advises the persons or organizations using or renting the facilities, of the regulations (including Municipal Alcohol Policy requirements)in so far as conduct of persons during the scheduled function,the period of time calculated for purposes of determining the rental rate applicable,the bar closing time and time for the removal of persons attending the function and closing the facility. 7. Clears the tables and chairs of all items left following the function, re-arranges or stacks all tables and chairs for the next function or event. (The Manager ensures tables are wiped with a sanitizing solution prior to stacking). 8. Oversees the use of the facilities in the kitchen area and ensures that all stoves, refrigerator, coolers, dishwashers and kitchen utensils are operated in a safe and orderly manner. Ensures that the persons or organizations using the kitchen facilities,which shall include the foregoing,wash and clean, all items used, before leaving the premises. 9. Oversees the cleaning and maintenance of the facilitiesin a manner appropriate for a public facility pursuant to existing cleaning contract(s). 10. Oversees that all exits are clear,and all sidewalks and entranceways are kept clean and free or dirt, snow and ice. 11. Oversees that the grounds are promoting a neat and tidy appearance of the exterior. 12. Undertakes minor maintenance work and minor repairs to equipment and fixtures not requiring a professional or specialized skill, including painting, and replacement of all burned out light bulbs(includes emergency lighting)and chair leg caps when required. Appendix"A"to Schedule"A"2015-080 By-Law 2015-080 Being a By-law to authorize the execution of.. Page 257 of 334 13. Reports to the CAO or designate all matters requiring the employment of a professional or specialized person,for the purpose of obtaining approval of the work to be undertaken,except in case of emergency,when notification shall be given as soon as possible. Monthly a report will be submitted via email outlining any concerns or issues to be addressed. 14. Maintains an adequate supply of all materials required to maintain and operate the facilities, in accordance with the approved budget established by the Municipal Council. Items not included in the approved budget costing in excess of$50.00 for purchase are to be referred to the CAO. 15. Safeguards all funds received for rentals and makes out receipts for funds received and submits a minimum monthly return of all monies received to the Financial Assistant. 16. Proper usage of appliances, equipment and materials required for the effective operation of the facilities, including heating/ventilation systems, dishwashers, vacuums and polishers. Performs regular maintenance and minor repairs to equipment and building (within capability)or recommends the use of appropriate trades people. 17. Carries out additional duties and exercises such additional responsibilities as assigned by the CAO or designate, and/or as may be required by law. 18. Maintains a daily log of rentals and activities performed, and rental calendar for office reference. Submits expired rental contracts to the CAO bi-weekly. '19. Completes monthly Fire Inspection Report. 20. Ensures clear communication with all parties(Supervisor, contractors, renters and contacts). 21. Maintains dispensers -soap,towel,toilet paper etc. 22. Cleans and washes three furnace rooms annually and changes/washes filters as recommended by the Service contractor. By-Law 2015-080 Being a By-law to authorize the execution of.. Page 258 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2015-081 BEING A BY-LAW TO AMEND BY-LAW 2014-125 TO ESTABLISH AND REQUIRE THE PAYMENT OF FEES FOR INFORMATION,SERVICES, ACTIVITIES AND USE OF MUNICIPAL PROPERTY WHEREAS Section 391 of the Municipal Act,2001, S.O. 2001,as amended,(the Act)provides for a municipality to pass by-laws imposing fees or charges on any persons for services or activities provided or done by or on behalf of it,for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board,and for the use of its property including property under its control; AND WHEREAS Section 69 of the Planning Act R.S.O. 1990,c.P. 13 as amended provides that a municipality may establish a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992,as amended authorized a municipal Council to pass by-laws concerning the issuance of permits and related matters; AND WHEREAS the Council of the Corporation of the Municipality of Bayham did by By-law 2014-125 adopt a schedule of fees for municipal services; AND WHEREAS the Council of the Municipality of Bayham now deems it expedient to amend By-law 2014- 125 to incorporate additional fees; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to approve such amendments by By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Schedule 'A' be amended to add: By-law Exemption Request$50.00 2. THAT Schedule B'be amended to add: Consent Clearance Letter$100.00 Encroachment Agreement$300.00 Planning Application Signage$100.00 Road Allowance Conveyance Admin Fee$350.00 3. THAT Schedule `D' be amended to add: Minimum Distance Separation(MDS)Calculation$50.00 4. THAT Schedule `I' be amended to add: Pavilion Rental$40.00 5. THAT 25%Administration Fee be added to the cost to do work for By-Law Infractions READ FIRST,SECOND,AND THIRD TIME AND FINALLY PASSED this 16th day of JULY 2015. MAYOR CLERK By-Law 2015-081 Being a By-law to amend By-law 2014-125 to e... Page 259 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-082 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN MICHAEL GUNSTONE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 34.(16)of the Planning Act,R.S.O. 1990 c P.3 as amended provides in part that a Council may pass a zoning by-law to require the Undersigned Party of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS Section 36.(1)of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Council may in a by-law passed under section 34, by the use of the holding symbol"H"(or"h") in conjunction with any use designation,specify the use to which lands,buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law; AND WHEREAS Section 8.16.1.5 of the Official Plan of the Municipality of Bayham provides that conditions may be applied to lands prior to the removal of a holding zone symbol regarding the development of the land; AND WHEREAS the Municipality of Bayham has approved Zoning By-law Z640-2015 whereby changing the zoning on an existing lot measuring approximately 0.17 hectares(0.41 acres) in area from Agricultural (A1)Zone to the Agricultural[A1(h2/h3)]Zone known municipally as 7787 Gregson Road located on Part Lot 7 Concession 5; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Agreement with Michael Gunstone affixed hereto and forming part of this By-law and marked as Attachment"A". READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF JULY 2015. MAYOR CLERK By-Law 2015-082 Being a By-law to authorize the execution of.. Page 260 of 334 1 ATTACHMENT"A"to By-law 2015-082 DEVELOPMENT AGREEMENT BETWEEN MICHAEL GUNSTONE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 7787 Gregson Road, Part Lot 7,Concession 5 Municipality of Bayham By-Law 2015-082 Being a By-law to authorize the execution of.. Page 261 of 334 2 THIS AGREEMENT made in duplicate this 16th day of July 2015. BETWEEN: MICHAEL GUNSTONE Hereinafter called the "UNDERSIGNED PARTY" OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Undersigned Party is the Current Owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lot 7,Concession 5, more particularly described in Attachment"A" attached hereto(and hereafter referred to as the"Lands"); AND WHEREAS the Undersigned Party intends to locate one (1) mobile home as a permitted interim use in accordance with the Conceptual Site Plan attached hereto, as Attachment"B" (and hereafter referred to as the "Plan"); AND WHEREAS the Municipality, as per the Holding Provision, requires the Undersigned Party to enter into a Development Agreement for the placement of a mobile home on the said Lands; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Undersigned Party hereby covenants and agrees with the Municipality as follows: 1. The Undersigned Party agrees that one(1)mobile home as a permitted interim use shall be located on the Lands in general accordance with the area identified on the Plan. 2. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire Chief,may,from time to time,and at any time,enter on the premises of the Undersigned Party to inspect the mobile home for the purposes of ensuring public health and safety, in specific regards to condition of the mobile home;fire protection;the provision of potable water;and the proper treatment and disposal of sewage. 3. At such time as a permanent dwelling is constructed on the said Lands, the Undersigned Party shall remove the mobile home from the Lands within 60 days of issuance of an occupancy permit by the Chief Building Official for such dwelling; By-Law 2015-082 Being a By-law to authorize the execution of.. Page 262 of 334 3 4. The Undersigned Party to this Agreement shall permit the mobile home on the Lands to be occupied by only the Undersigned Party and shall not be rented,leased,transferred or assigned to any other persons; 5. The Undersigned Party further agrees that: a) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. b) upon failure by the Undersigned Party to do any act identified herein, that the public safety or convenience requires,in accordance with this Agreement,upon seven(7)days written notice,the Municipality, in addition to any other remedy, may go in and do same at the Undersigned Party's expense,and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. c) nothing in this Agreement constitutes waiver of the Undersigned Party's duty to comply with any by- law of the Municipality or any other law. 6. The Undersigned Party shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 7. In the event of any servant,officer or agent of the Municipality, upon inspection,be of the opinion that the state of maintenance is not satisfactory,such servant,officer or agent shall forthwith,forward notice of such opinion, by registered mail, to the Undersigned Party, at the last known address, and the Undersigned Party shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 8. In the event that the Undersigned Party should disagree with the opinion of the servant,officer or agent of the Municipality,as to the state of maintenance,such Undersigned Party shall appear before the Council of the Municipality of Bayham, which after hearing the Undersigned Party, shall express its opinion as to whether the maintenance is satisfactory, by resolution,which shall constitute a final determination of the matter. 9. in the event that an Undersigned Party shall fail to correct a deviation or deficiency after notice or after notice of an opinion,which the Council of the Municipality of Bayham determines is correct,the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Undersigned Party, after two (2)week's notice, to it by registered mail,at the last known address of the Undersigned Party, pursuant to the last revised assessment roll of passage of such By-Law, that such matter or thing be done by the Municipality,at the expense of the Undersigned Party,which expense may be recoverable by action as municipal taxes. 10.This Agreement and the provisions thereof,do not give to the Undersigned Party or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Undersigned Party to perform or fully perform any of its obligations under this Agreement or any negligence of the Undersigned Party in its performance of the said obligations. By-Law 2015-082 Being a By-law to authorize the execution of.. Page 263 of 334 4 11.The Undersigned Party agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Undersigned Party in any case. 12.The Undersigned Party agrees on behalf of themselves,their heirs,executors,administrators and assigns, to save harmless and indemnify the Municipality,from all losses,damages,costs,charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Undersigned Party, pursuant to this Agreement. 13.All facilities and matters required by this Agreement shall be provided and maintained by the Undersigned Party at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality,the provisions of Section 326 of The Municipal Act,R.S.O. 1990,shall apply. 14.This Agreement shall be registered at the expense of the Undersigned Party,against the land to which it applies,and the Municipality shall be entitled,subject to the provisions of The Registry Act,to enforce its provisions against the Undersigned Party, named herein. IN WITNESS WHEREOF,the Parties hereto have hereupon,affixed their Corporate Seal,duly attested to by their authorized signing officers in that behalf. .#4 411:(3 eer-'MP MICHAEL GUNSTONE Witness jsi! try) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MAYOR CLERK By-Law 2015-082 Being a By-law to authorize the execution of.. Page 264 of 334 ATTACHMENT'A' Roll#3401-000-003-00800 Legal Description: Concession 5, North Part Lot 7. Municipality of Bayham, County of Elgin Municipal Address: 7787 Gregson Road PIN# By-Law 2015-082 Being a By-law to authorize the execution of... Page 265 of 334 2 ATTACHMENT`B' Site Plan By-Law 2015-082 Being a By-law to authorize the execution of... Page 266 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-083 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN JOHN DAVID STEWART AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR DRAINAGE WORK THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the Agreement affixed hereto as Attachment"A", being a Subdivision Agreement with John David Stewart, is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the Subdivision Agreement be registered upon the title to the lots created through County of Elgin Consent Applications E51-54114 being Parts 1-5 on Registered Plan 11R-9829. READ A FIRST and SECOND time this 16th day of July 2015. READ A THIRD time and finally passed this 16th day of July 2015. MAYOR CLERK By-Law 2015-083 Being a By-law to authorize the signing of a... Page 267 of 334 Subdivision Agreement—J. Stewart Page 1 ATTACHMENT"A"TO BY-LAW 2015-083 THIS SUBDIVISION AGREEMENT made in duplicate this 16t day of July 2015. BETWEEN: JOHN DAVID STEWART Hereinafter called the"SUBDIVIDER" OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Subdivider is the Owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lot 21 Concession 9, more particularly described in Attachment "A" attached hereto(referred to as the"Lands"); AND WHEREAS the Subdivider wishes to subdivide the Lands by means of Consent Applications E51-54/14(referred to as the"Consents")pursuant to Section 53 of the Planning Act; AND WHEREAS as a condition of the consent of the County of Elgin Land Division Committee to the final approval of the Consents, the Subdivider and the Municipality must enter into an Agreement respecting the development of the Lands pursuant to Section 51(25)of the Planning Act with respect to drainage and the requirement for a municipal drain connection for the created lots; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the parties agree to comply with each term set out to the extent that it is expressed to be respectively binding upon them, and the same shall enure to the benefit of and shall be binding upon their respective heirs, executors,administrators, successors and assigns. By-Law 2015-083 Being a By-law to authorize the signing of a... Page 268 of 334 Subdivision Agreement—J. Stewart Page 2 List of Attachments The following Attachments are hereby declared to form part of the Agreement between the parties: Attachment Description "A" Description of Lands "B" Copy of Registered Plan of survey "Cl"and"C2" Municipal Engineer's Cost Estimate and Drain Plan &Profiles for Stewart Drain No. 1 Plan of Survey 2. The Lands shall be created through Consent Applications E51-54/14 as identified as Parts 1 -5 on Registered Plan 11 R-9829 in accordance with the survey attached as Attachment"B"to this Agreement. Drainage Work 3. The Subdivider agrees to construct, at its expense, a stormwater management system for the Lands which meets the requirements of all regulatory agencies and which discharges to a lawful and suitable drainage outlet. The affected lands shall be assessed to and regulated by the"STEWART DRAIN NO. 1" system under the Drainage Act. Once constructed, physical components of the municipal drain shall remain unaltered including, but not limited to, remain clear of fencing, structures and plantings. Administration and Inspection Costs 4. (a) The Subdivider agrees to pay to the Municipality all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (a) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Municipality. The Subdivider hereby agrees to pay all accounts of the Municipality in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Municipality. Securities 5. Prior to work commencing,the Subdivider shall provide the Municipality with performance security as described in Attachment"C" less Letter of Credit in the amount of$25,000 previously posted in March 2009 and less County of Elgin apportionment in the amount of$8,389 resulting at a Letter of Credit due in the amount of$35,011 to be held by the Municipality until all of the obligations of the Subdivider have been discharged. The security may be in the form of cash or an irrevocable Letter of Credit from a chartered bank and must not expire without at least 30 days advance notice in writing to the Municipality. In the case of cash,the Municipality shall hold funds in a non-interest bearing account. In the case of a fetter of credit,the form and content of it shall be satisfactory to the Municipality. By-Law 2015-083 Being a By-law to authorize the signing of a... Page 269 of 334 Subdivision Agreement—J.Stewart Page 3 By-laws 6. The Subdivider shall, notwithstanding the provisions of this Agreement, be subject to all by-laws of the Municipality and statutes of the Province of Ontario, including those By-laws and statutes that require the payment of fees. In the event of conflict between the provisions of this Agreement and the provisions of any statute or by-law, the provisions of the statute or by-law prevail. Default by Subdivider 7. The Municipality may determine and declare the Subdivider to be in default of its obligations under this Agreement through written notice to the Subdivider of not less than thirty(30)days measured from the time that such notice is sent to the Subdivider.The notice will identify the provision(s)under which the Subdivider is in default. Subsequent Owners Bound 8. Subject to the provisions of the Registry Act and the Land Titles Act,the covenants, agreements, conditions and understandings herein contained on the part of the Subdivider shall be conditions running with the land described in Attachment"A"attached hereto, and shall be binding upon the Subdivider, its heirs, executors, administrators,successors,and assigns, as the case may be as subsequent Owners and occupiers of the said Lands from time to time(and"Subdivider"wherever used in this Agreement is intended and shall be construed to include such subsequent Owners and occupiers)and shall be appurtenant to the adjoining highways in the ownership of the Municipality or County,as applicable. Separate Covenants 9. All of the provisions of this Agreement are intended to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate clause hereof. Should any provision of this Agreement be adjudged unlawful or not enforceable, it shall be considered separate and severable from the Agreement and its remaining provisions as though the unlawful or unenforceable provision had not been included. Notice 10. Any notice by the Municipality to the Subdivider shall be delivered or sent by registered mail and addressed to the address shown on the assessment roll as updated from time to time on the records of the Municipal Clerk. Any notice by the Subdivider to the Municipality shall be delivered or sent by registered mail to the Municipal Clerk. Registration and Preparation of Agreement 11. The Subdivider agrees that this Agreement shall be registered by the Municipality's Solicitor upon the title to the lands, and agrees to pay all solicitor's fees and disbursements incurred by the Municipality in respect to the preparation and registration of this Agreement, forthwith, upon demand. By-Law 2015-083 Being a By-law to authorize the signing of a... Page 270 of 334 Subdivision Agreement—J. Stewart Page 4 •IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its duly authorized officers and the Subdivider has hereunto set his corporate seal attested by the hands of its duly authorized officers. 41 , Witne s Joh David Stewart, Owner/Subdivider We have the authority to bind the Municipality. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By: Paul Ens, Mayor Lynda Millard, Clerk By-Law 2015-083 Being a By-law to authorize the signing of a... Page 271 of 334 Subdivision Agreement—J. Stewart Page 5 ATTACHMENT'A Description of Lands Property Assessment Roll#34-01-000-006-11260 subject to Consent Applications E51-54/14 Described as: Concession 9 Part Lot 21, being specifically Parts 1-5 on Registered Plan 11R-9829,formerly Township of Bayham, now Municipality of Bayham in the County of Elgin, Province of Ontario By-Law 2015-083 Being a By-law to authorize the signing of a... Page 272 of 334 -- A r/, c q,,1 AJT - s`0. o- �, . 11 N . I , . g : i; 1 I` 3 0 II f 41 Hil 4 `r li 1111 ' i I 1 • a , li 14 s l i! .! 7 RR g z ii i11111§§ ti - 4 a li 8 ° iy I ' li 1 111 h' 9 , 0 e a t3e . e `. a O1 x9 I ti jjI : '111,414� -, iidi3 1 is '!i: e' ,I,1 ,I di i 8 8 -4 . NOISS3]6(0] ZZ 1 10T . Jl rppep - d 1 II 6iGB ...1.04-01., NFF Ir 0. . q� FAwe -- F.Z. 101zr, !• . 0 .Xyd 111" il s ; 1MYd —►uaON�- I hi . . •, r f ..t colva. f 0 Z t 1 I. . LWd g •' 'I 1iii. I £ lava • I .Q A 4 f .. .. .. . R .{ J y.. laYd 4I . U IIIz • r.' lb I i laud :b'zi A % ,..�. � zRw w w ti eff .. 4.110 w,,.. w N x f iiI p '.4'65"%k; 'e Th. / t3 u1 F 1H►'d • 4 -- � / 9'6326-iff 71 y t - - / I 0 84 L • 1 III/ 1 ' i - N. . illo 114 °I 'I 111 i . o • F60Z - WA r Lint.' I �-. I W IR 8I 9.Yo en-1, N ®CJ�T F�rff • FZ UNV-o 5101 N33N�13e 13]NV/RO'FTy OVON 0 ;$1 11 I i mauve d0 dINSNIN Mo1 ] dV2roo30 I i k1. r G N0ISS30N0] 0 10'7 rige 11 Nf4 K e , By-Law 2015-083 Being a By-law to authorize the signing of a... Page 273 of 334 /11-714 0/1m En/7-"Ct a-COST ESTIMATE 8 STEWART DRAIN NO.1 Municipality of Bayham We have made an estimate of the cost of the proposed work which is outlined in detail as follows: MAIN DRAIN Supply and Install rodent gate on end of 250mm dia.pipe $ 100.00 Installation at tile outlet with quarry stone rip-rap around pipe and at tiie outlet with quarry stone rip-rap (Approximately 4m'quarry stone req'd) $ 800.00 Installation of the following sewer pipe(with rubber gaskets)including supply,installation and compaction of bedding and backfill materials for sewer pipe 93 meters of 300mm dia.sewer pipe $ 2,600.00 Supply of the above listed pipe $ 2,100.00 Supply and Install 15B meters of 250mm HDPE pipe Dr17 by directional drilling under Eden Line and property downstream of Eden Line $ 12,900.00 Supply and install,one 600mm x 600mm ditch inlet catchbasin,two 900x 1200mm catchbasins incluidng grates,berms,ditching $ 4,600.00 Restoration of Lawn area $ 300.00 Tile connections and contingencies $ 500.00 Allowances under Sections 29&30 of the Drainage Act 950.00 BRANCH'A' Installation of the following sewer pipe(with rubber gaskets)including supply,installation and compaction of bedding and backfill materials for sewer pipe 53 meters of 200mm dia.sewer pipe $ 1,500.00 Supply of the above listed pipe $ 1,000.00 Supply and install one 600mm x 600mm standard catchbasin including grates,berms,and ditching. $ 1,200.00 Tile connections and contingencies $ 150.00 Allowances under Section 29 of the Drainage Act $ 170.00 BRANCH'B' Installation of the following sewer pipe(with rubber gaskets)including supply,installation and compaction of bedding and backfill materials for sewer pipe 29 meters of 200mm dia.sewer pipe $ 700.00 75 meters of 250mm dia.sewer pipe $ 2,100.00 Supply of the above listed pipe $ 4,900.00 Supply and install three 600mm x 600mm standard catchbasins including grates,berms,and ditching. $ 3,600.00 Allowances under Section 29 of the Drainage Act $ 320.00 ADMINISTRATION Interest and Net Harmonized Sales Tax $ 1,630.00 Survey,Plan and Final Report $ 20,500.00 Lot Grading Plan $ 2,900.00 Expenses $ 1,100.00 Supervision and Final Inspection $ 1,780.00 TOTAL ESTIMATED COST $ 68,400.00 By-Law 2015-083 Being a By-law to authorize the signing of a... Page 274 of 334 1 r ti. !O1 r r,..E 104...1 Lane ' ]Sa0 . v... w ]3&0 a✓ii i� I t.11 1 52214. ++ - 1.Y'',--_-,2--i-7:.._... �11 b eta dml u n> eams.e.. n.w1.1 5B..0125123..2.0.n 04136 n..125.4 0 } I ^ lea c I ------------__5_0214,, '1 n.Sr. CDS an, .. 4 ....,>a. s 4" ,,,yyyIIFA7.-1 Jr: z3 A `1 MO ...n"m.. z�s.o La ,.....a.. RIAD �u a,"i fm. moo... r Fr. .1. 9 E S� 7 F, t' - .ate" 1 - n x 04.nee,we r. ,a y B I Y 1 7B PA •Ir � �' " z � ' . a fir �(' t /�f� o$ ua4$9eS o mo I ^ — 1 xn a9 a aIC i +6,r i, Iof e, �CD at 44/14- � �><.. '�' s 1 s w.�a...1 BRANCH "A" BRANCH "B" - 1 WAYERSHED PLAN wee ..m DETAIL PLAN ecy,e i. iesa VERT.1.50 ""�•ter ��°O • co 1 / ISI 1 • ~ 61-6,1 N �CIO ` S w A Ee.� • �1 ETA!L MO ! • tYti •F •i✓ L ...•,, T w...rwenemdd.l....1 alba•alis _ :.".;4.' dr ae Ms. m e, w- - N.ek y f. Te {: ' 721 M.IN DRAIN in e. Tr_ C + AP '{_fir fry M+1. Jr moms III ' e�' ' . � � Cs E N E R A L NOTE S Ir le 1 �. a�6 .42x.1 / Ifs` ii' y'' �t a.. v..u..we..x r m m ,' j! • ,00:MIACTIAIWPMNSOM DPW �'AR L eta S. �6 .. k.--�.. 4.. " 6,,°je,.�'Wnse �' _ -u. fi•SOWt, .r..aa w D.ILL %ew�x�w.as�.w ofafm ,.. 61.1! em e.s .a.... w 1.60019.16•611•6111,116616141.11•571.161.0 613.166. f ��- �..Y • + f��tW W.uYAMv �L .. .. 1.16 TIM MD In MM. 0,......W 1�" STRI NART DRAIN 1•a _ _ �' CLOSED , o.s . MUNICIPALITY OF 9AYHAM roi / .;— 1` e����i, '�" ..�...re... a my eel,.yew.,.�m..1.24............ .. Int., e' ........_.01%., `� ` ,. . . .-ILL 1 »..,.�. -...n. I t �'= 31 BILL .eo. w. CD N li 'Y {° 'tea,, n..wle..s.wx¢.x WI. `� 6kPLAN I`PROFILES l of l J Ifiras4.11.1450.43.5. 10255.2.24.4.45.2.4544.4.2030.2.40.4.44.26emn.5.w.a.1..m. PYA SPRIET ASSOCIATES Ul ' _. -� -- GRADING PLAN WALE I.SOS CON3ULTINo A cNo LIMITED O 1 ___ _ . W W THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-084 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN CORINTH MENNONITE CHURCH AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS subsection 41(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an official Plans an area is shown or described as a proposed site Plans control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a Site Plan Control Area. AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law pursuant to Section 41 of the said Planning Act. AND WHEREAS subsection 41 (4)of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2)unless the Council of the municipality or,where a referral has been made under subsection (12), the Municipal Board has approved one or both,as the Council may determine,of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause(7)(a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan agreement with Corinth Mennonite Church Trustees. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Corinth Mennonite Church Trustees affixed hereto and forming part of this By-law as Schedule"A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin# 11. READ A FIRST AND SECOND TIME this l6t''day of July 2015. READ A THIRD TIME AND FINALLY PASSED this 16a`day of July 2015. MAYOR CLERK By-Law 2015-084 Being a By-law to authorize the execution of.. Page 276 of 334 l Schedule"A"to By-law 2015-084 SITE PLAN AGREEMENT BETWEEN CORINTH MENNONITE CHURCH TRUSTEES Concession 8 Part Lot 7 Roll#34-01-000-005-02320 AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By-Law 2015-084 Being a By-law to authorize the execution of.. Page 277 of 334 2 THIS AGREEMENT made in duplicate this 16'h day of July 2015. BETWEEN: CORINTH MENNONITE CHURCH TRUSTEES Hereinafter called the"OWNER" OF THE FIRST PART -AND- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the"MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the Owner Trustees in fee simple of the lands situate in the Municipality of Bayham,in the County of Elgin being Concession 8 Part Lot 7,more particularly described in Attachment"A"attached hereto(and hereafter referred to as the"Lands"); AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a Site Plan Control Area; AND WFIEREAS the Owner intends to develop lands in accordance with the Site Plan drawings attached hereto,as Attachment"C"(and hereafter referred to as the"Plans"); AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Corinth Mennonite Church. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars($2.00)of lawful money of Canada by each to the other paid(the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that no building permit will be available until the Agreement has been approved by the Municipality and registered on title,and further agrees that work will not commence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a part of this Agreement, as fully and to all intents and purposes as though recited in full herein: By-Law 2015-084 Being a By-law to authorize the execution of.. Page 278 of 334 3 ATTACHMENT"A"—LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT"B"-CERTIFICATE OF COMPLIANCE ATTACHMENT"C"— SITE PLAN AND LOT GRADING PLAN 3. Attachment"A"hereto describes the lands affected by this Agreement. 4. Attachment"C"-Overall Site Plan&Lot Grading Plan shows: a) the location and height of all buildings and structures existing and/or to be erected; b) the location of vehicular entrances and exits; c) the location and provision of off-street vehicular loading and parking spaces, including driveways for emergency vehicles; d) building finished floor elevations(if deemed necessary by the Municipality); e) all proposed structures showing setback measurements and dimensions 5. The Owner agrees that the building or buildings will be erected or developed in accordance with the Plans approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will be in accordance with the Plans as approved,subject only to such changes as have received advance approval. 7. The Owner further agrees that(as applicable): a) final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer,prior to the final release of the Letter of Credit. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible,be taken and which comply with The Construction Safety Act. e) all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs,the street shall be cleaned at the end of each working day. By-Law 2015-084 Being a By-law to authorize the execution of.. Page 279 of 334 4 f) unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete, gravel or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. g) no topsoil shall be stockpiled on any other portion of the Owner's lands except those lands identified in Attachment"A"to this agreement;and all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. h) stock-piling of snow will not be allowed on the site where it will constitute a hazard to public right-of-ways. i) the electrical servicing of the property shall be subject to the approval of Hydro One. j) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires,in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. k) the Municipality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. 1) nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 8. The Owner shall: a) be responsible for consulting with and obtaining any deemed necessary approvals from the County of Elgin for any matters that relate to County Road 44 (Eden Line) b) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as,but not limited to,the Long Point Region Conservation Authority and the Ministry of the Environment as deemed necessary. By-Law 2015-084 Being a By-law to authorize the execution of.. Page 280 of 334 5 10.The Owner shall satisfy all the requirements in relation to the fire protection for the building(s)to the satisfaction of the Municipality's Fire Chief. 11.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Ministry of Transportation and/or the Municipality at the expense of the Owner, within thirty(30)days notice. 12.Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13. If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension,provided for in this Agreement,the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension,until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer,certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 14.The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 15.In the event of any servant, officer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the Plans and specifications filed, such servant,officer or agent shall forthwith,place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 16.In the event of any servant,officer or agent of the Municipality,upon inspection,be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham,as hereinafter provided. By-Law 2015-084 Being a By-law to authorize the execution of.. Page 281 of 334 6 17.In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham,which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 18. In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. 19.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two(2)week's notice,to it by registered mail,at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law,that such matter or thing be done by the Municipality, at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 20.Unless otherwise authorized,in the event of the Owner wishing to change at any time,the buildings,structures or facilities described in Attachment"C",it shall make application to the Council of the Municipality of Bayham,for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board,under the procedure set out in Section 41 of The Planning Act, 1990,herein before referred to. 21.The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 22.LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of$ NIL per occurrence, and in a form satisfactory to the Municipality, indemnifying the Municipality from any loss arising from claims for damages, injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the development is complete and all required documentation as per Article 13 has been filed with the Municipality. By-Law 2015-084 Being a By-law to authorize the execution of.. Page 282 of 334 7 23.PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be completed on or before July 16, 2016. It will be the Owner's responsibility to require,in writing, an extension to this agreement/project,within sixty(60) days of the above stated completion date,should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit,equal to$ NIL The Letter of Credit will be based on the estimated cost of alterations to public property, roadway, curbs and gutters and drains, and any repairs for damages to public property, roadway, sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plans and Site Servicing Plans, Attachment "C", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force,until Twelve(12)months following the completion of this project. 24.This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 25.In the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Municipality may,at its option,on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re-negotiated. 26.The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 27.The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns,to save harmless and indemnify the Municipality,from all losses,damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any By-Law 2015-084 Being a By-law to authorize the execution of.. Page 283 of 334 8 person or persons arising either directly or indirectly as a result of any action taken by the Owner,pursuant to this Agreement. 28.All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act,R.S.O. 1990,shall apply. 29. This Agreement shall be registered at the expense of the Owner, against the land to which it applies,and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 30.A Certification of Compliance attached hereto as Attachment "B", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness Ivan Weber,Trustee Witness Raymond Weber,Trustee THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens,Mayor ....... ........ Lynda Millard,Clerk By-Law 2015-084 Being a By-law to authorize the execution of.. Page 284 of 334 9 ATTACHMENT'A' Property Assessment Roll No.: 34-01-000-005-02320 Municipal Address: 54519 Eden Line,North Hall Legal Property Description: Concession 8 Part Lot 7, 11R-6483 Part 1,and 11R-8593 Part 2,Municipality of Bayham,County of Elgin PIN#35337-0282 By-Law 2015-084 Being a By-law to authorize the execution of.. Page 285 of 334 10 ATTACHMENT`B' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE To be completed and submitted to the Municipality once all works are complete. PROPERTY IDENTIFICATION: Municipal Address: 54519 Eden Line,North Hall Property Roll#: 34-01-000-005-02320 Owner(s): Corinth Mennonite Church This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of the Site Plan Agreement By-law No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. I have the authority to bind the Corporation. Witness Ivan Weber,Trustee Raymond Weber,Trustee Address: Phone Number By-Law 2015-084 Being a By-law to authorize the execution of... Page 286 of 334 �J 1 1 4--/-mcHr)Gnn 'G/-. k 1 �• ! ! A II 10 __.._........` _. `_. ... .. r .. .._. . 'a1 ..JIJIi ... 1sPy-411:11pl. 8; pl6 111 t Is it 1 I I _IEei[ I;, E1ill ti I 1 Eik1 Q RRl�� be1di 4.,�g b-311i i i • e1 1911 P R `4 E �iQ lilt � I III i1113 1 x e g ! z s s e;a; E' s ; ,,g, • 1 N 1 A i 6,y 49,„ - au WWI �� r T� !1'�, a f , 1, 11 3i tatted ' Mill „21.„21. {� _ R_ • 11 —Ra• 9 • 4 1 ` i `'� ((J1ti`' 1' . 4 , 1 y a a tpa .:0 e t • .I _ .aa p . .-_ :111 at a e, s me ,a j f j i v . • epi o all F ...a - .� a, .- 4 :t' • a. a. , a �. a, a rmi , li 4,.. . 2 I.. a I v !i! z 1, I .k . a a, a i ms I i f ; a, �ata e 6a o ,o a • a. o oa - _a - a >— a firma I 1 I Mil. .1.1.1,d11( Y i f S f '`.5i 'f 3 __� — R I BVYB-tlff Ny d L tNVd 1 t 4 By-Law 2015-084 Being a By-law to authorize the execution of.. Page 287 of 334 BY-LAW NUMBER 2015-085 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO ESTABLISH AN ADVISORY BOARD AND COMMITTEE POLICY WHEREAS Council of The Corporation of the Municipality of Bayham deems it expedient to adopt a policy with respect to Advisory Boards and Committees, including, Rules of Procedure and Terms of Reference; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS: THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Corporation of the Municipality of Bayham hereby adopts the Advisory Board and Committee Policy attached hereto as"Schedule A"and forming part of this by-law; 2. THAT By-laws No. 2007-017, 2009-133, 2010-059 and 2012-065 are hereby repealed in their entirety. 3. 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 16TH day of July, 2015. MAYOR CLERK By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 288 of 334 v,AYH44 1111 '111111111kilis I. 1. „alb ill,: 41( OPpol.tunity ISIto�,�5 Corporation of the Municipality of Bayham Date of Council Approval: July 16, 2015 Date of Latest Revision: Policy Name: Municipality of Bayham Advisory Board and Committee Policy Section 1 - Purpose The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent, accountable approach to working with Municipality of Bayham Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in conjunction with the Municipality of Bayham Advisory Board and Committee Rules of Procedure, attached hereto as Appendix `A', will guide current and future Advisory Board and Committee Member activity throughout the Municipality of Bayham. The Municipality of Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to participate in meaningful, transparent engagement with all residents of the Municipality of Bayham. Section 2 - Scope The Municipality of Bayham Advisory Board and Committee Policy governs Municipal responsibilities to its Advisory Board and Committee Members, as well as the selection, orientation and safety of Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy also governs Advisory Board and Committee Member rights and Advisory Board and Committee Member responsibilities to the Municipality. Section 3 - Philosophy Advisory Boards and Committees have been, and will continue to be, an integral component of the Municipality. Advisory Board and Committee Members complement and support the work of Councillors and staff, accomplish important tasks that would not otherwise be done, and support programs that could cease to exist without Advisory Board and Committee Member participation. The Municipality recognizes and greatly values the commitment and contributions of Advisory Board and Committee Members to furthering the mandate, objectives and activities of Advisory Boards and Committees of the Municipality. Municipality By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 289 of 334 of Bayham Advisory Board and Committee Members enhance and augment programs within the Municipality. Advisory Board and Committee Members bring a wide variety of skills, knowledge and experience, all of which combine to strengthen the Municipality. Therefore, the Municipality strives to provide Advisory Board and Committee Members with a meaningful portfolio that suits their skills, as well as a rewarding and challenging community-oriented experience for all those interested in the goal of enhancing the Municipality of Bayham. Section 4-Advisory Board and Committee Member Recognition Program The Council of the Municipality of Bayham shall every four years, in the final year of a term of Council recognize Advisory Board or Committee Members and Community Volunteers by hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and Community Volunteers will have the opportunity to attend and celebrate volunteerism in the Municipality of Bayham. Section 5— Municipal Responsibilities In working with Advisory Boards and Committees, the Municipality will fulfill the following responsibilities: a) Ensure that Councillors and staff recognize the role of Advisory Board and Committee Members; b) Provide Advisory Board and Committee Members with the Municipality of Bayham Advisory Board and Committee Rules of Procedure outlining the conduct of business at Advisory Board and Committee Meetings; c) Provide Advisory Board and Committee Members with written Advisory Board and Committee portfolios outlining the mandate of each Advisory Board and Committee, a copy of which is attached hereto as Appendix 'B' and shall be amended from time to time; d) Provide Advisory Board and Committee Members with appropriate orientation to the Municipality of Bayham Advisory Board and Committee Policy and supporting documentation. Section 6 - Selection and Placement Municipality of Bayham Advisory Board and Committee Members are appointed and operate based on the concept of Equal Opportunity and Diversity. The Municipality maintains a strong policy of equal opportunity. The Municipality accepts, and dismisses Advisory Board and Committee Members on the basis of personal competence, performance and dedication, without regard to race, colour, ancestry, national origin, age, gender, or sexual orientation. The process for selection, placement and dismissal from Municipality of Bayham Advisory Boards and Committees is as detailed in the Municipality of Bayham Advisory Board and Committee Rules of Procedure. An applicant must submit the Municipality of Bayham Advisory Board and Committee Application Form, a copy of which is attached hereto as Appendix 'C', to initiate the selection and placement process. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 290 of 334 Section 7 - Orientation Every Advisory Board and Committee Member shall be required to attend one (1) orientation session. It is the responsibility of the Administrator to: a) Provide an overview of the Municipality of Bayham Advisory Board and Committee Members rights and responsibilities, including Advisory Board and Committee Member responsibilities pertaining to confidentiality; b) Provide a comprehensive Municipality of Bayham Advisory Board and Committee Accessibility Handbook to all Municipality of Bayham Advisory Board and Committee Members. Additionally, every Advisory Board and Committee Member shall have a clearly identified Advisory Board or Committee Chair and a Council or staff representative who will be available for consultation and support. Section 8 -Advisory Board and Committee Member Responsibilities Advisory Board and Committee Members have the responsibility to fulfill the role of an Advisory Board and Committee Member as outlined in the Municipality of Bayham Advisory Board and Committee Rules of Procedure and Code of Conduct in addition to the following: a) Act as an ambassador of the Municipality of Bayham in the community in an effort to spread knowledge and understanding of the mandate of the specific Advisory Board or Committee; b) Not falsely represent the Municipality of Bayham Advisory Boards and Committees to outside partners, agencies or the public; c) Respect confidences and privacy of the Municipality of Bayham Advisory Boards and Committees; d) Be held accountable for their actions; e) Be wiling to learn and grow in the Advisory Board and Committee position; f) Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and appreciating differences of opinion; g) Be considerate, respect competencies and work as a team with all staff and other Advisory Board and Committee Members; h) Complete the training and/or orientation provided; i) Immediately clarify any uncertainties with the Advisory Board or Committee Chair, Councillor or staff representative; j) Follow all applicable policies, procedures and by-laws established by the Municipality of Bayham. k) Be required to sign a confidentiality statement; I) Advisory Board and Committee activity participants under the age of eighteen (18) years must be accompanied by an adult (either a parent, guardian, staff person or Advisory Board and Committee Member supervisor); Section 9 -Accessibility The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 291 of 334 goods, services, facilities, accommodation, employment, building structures and premises on or before January 1st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and AODA has strong enforcement provisions including inspections, orders and significant penalties. While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality of Bayham Advisory Board and Committee Members shall comply with all Municipality of Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees shall also ensure that adequate provisions are made to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meetings are accessible, to provide maximum participation. Reference may be made to the provisions of the Municipality of Bayham Accessibility Handbook, a copy of which is attached hereto as Appendix 'D'. Section 10 - Municipal Freedom of Information and Protection of Privacy Act The Municipal Freedom of Information and Protection of Privacy Act applies to all local government organizations, including: a) municipalities e) fire departments b) school boards f) conservation authorities c) public utilities g) boards of health d) transit and police commissions h) other local boards The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality to protect the privacy of an individual's personal information existing in government records and provides a right of access to information held by the Municipality. The Municipal Freedom of Information and Protection of Privacy Act creates a privacy protection scheme the Municipality must follow to protect an individual's right to privacy. The scheme includes rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of the Municipality. The Municipality, as a whole, including Advisory Boards and Committees, are accountable for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is against the law to release any personal information to anyone other than the person that the information is about. As such, all Advisory Board and Committee members must sign the Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement, attached hereto as Appendix `E'. The Municipal Freedom of Information and Protection of Privacy Act, Section 48, provides for penalties for contravention of the said Act. Examples of personal information include, but are not limited to, the following information about an identifiable individual: a) race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital or family status; b) education, medical, psychiatric, criminal or employment history; c) financial transactions involving an individual; d) any identifying number assigned to an individual; e) home address, telephone number; f) fingerprints, blood type; g) personal opinions of or about an individual; h) correspondence between an individual and the Municipality of a confidential nature; By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 292 of 334 i) individual's name if it appears with other personal information or disclosure of the name would reveal other personal information. The Municipality of Bayham Administrator is responsible for processing all access requests, gives direction to Municipal staff on informal information requests and implements privacy protection practices. If an Advisory Board or Committee Member is unsure about the requirements pertaining to information or a record in their possession, the Advisory Board or Committee Member should contact the Municipality of Bayham Administrator prior to disclosure of any record or information for instruction. Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, Ontario N0J 1Y0 Phone: 519-866-5521 Email: pshipway@bayham.on.ca Web site: www.bayham.on.ca Section 11 - Municipal Conflict of Interest Act The Municipal Conflict of Interest Act strives to control the actions of elected and appointed Municipal representatives by obliging them to publicly disclose any direct or indirect pecuniary interests they have in a matter before Council, Committee and Advisory Boards or Committees. Conflict of interest legislation is limited to pecuniary interests. The term "pecuniary interest" is not defined in the Municipal Conflict of Interest Act, but includes direct, indirect and deemed pecuniary interests. Its dictionary definition is "to relate to money". The Municipal Conflict of Interest Act captures several scenarios that are not immediately apparent as conflicts; a) A direct or indirect pecuniary interest is a financial interest that an Advisory Board or Committee Member(which includes an Advisory Board or Committee Member's parent, spouse, partner, child (not restricted to a person 18 years of age. It includes natural children, adopted children, and those or treated as child. Accordingly, stepchildren, nephews and nieces, foster children)) or controlling interest in a corporation, has in a matter before an Advisory Committee or Board; b) An Advisory Board or Committee Member who is a partner of a person, or who is in the employment of a person or body that has a pecuniary interest in a matter must declare a conflict of interest; c) Whether the financial interest is positive or negative is immaterial for the purposes of Municipal Conflict of Interest; d) Municipal Conflict of Interest Act lists a number of conflicts of interest that do not need to be declared under the statute. If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of Interest Act requires: a) the Advisory Board or Committee Member to disclose the pecuniary interest; By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 293 of 334 b) the Advisory Board or Committee Member to not influence before, during or after a vote; c) the Advisory Board or Committee Member to not participate in the discussion or decision making; d) the Advisory Board or Committee Member to leave the room, if the matter is dealt with in-camera under the provisions of the Municipal Act, 2001; In the event of an alleged contravention, an elector may bring an application before a Judge of the Ontario Court of Justice for a determination of whether an Advisory Board or Committee Member has contravened the Municipal Conflict of Interest Act. Section 12 - Advisory Board and Committee Member Health and Safety Advisory Board and Committee Members should never be asked to do anything unsafe, and have the right to refuse any request, function or activity they feel is unsafe. The Municipality of Bayham has a wide range of interactions with Advisory Board and Committee Members and therefore expects that different approaches shall apply to different Advisory Board and Committee activities. It is important that approaches be designed within an overall policy framework across the entire Municipality of Bayham. The health and safety of Advisory Board and Committee Members is paramount and will be managed in accordance with the same principles and processes as that of Councillors and staff. All Advisory Board and Committee projects will comply with the Occupational Health and Safety Act and Regulations, and the Municipality of Bayham Occupational Health and Safety Policies. Health and safety instruction and training relevant to the specific Advisory Board and Committees will be provided to Advisory Board and Committee Members based on their specific Advisory Board and Committee Health and Safety Profile, which shall include access to the Municipality of Bayham Health and Safety Policy Manual. Training for Advisory Board and Committee Members shall comprise of a health and safety introduction and specialized training or continuing training as required for each specific Advisory Board and Committee. The introduction shall ensure that Advisory Board and Committee Members understand their duties, rights, responsibilities, health and safety issues and accident and emergency procedures. Advisory Board and Committee Members shall have the following responsibilities: a) Be familiar with the applicable requirements of the Municipality's Health and Safety Policy and the Occupational Health and Safety Act and Regulations, and ensure compliance with the same; b) Take every possible precaution to protect themselves, fellow Advisory Board and Committee Members and the public from health hazards and unsafe situations; c) Properly wear and use personal protective equipment where required; d) Familiarize themselves with the location and operation of all safety equipment including first-aid kits and fire extinguishers; e) Be responsible for the prompt reporting to their Chair, Councillor or staff person of health and safety hazards, unsafe acts or conditions, accident and injuries; f) To not engage in any prank, contest, feat of strength, unnecessary running or rough boisterous conditions. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 294 of 334 Advisory Board and Committee Members must report all accidents and injuries to their Chair, Councillor or staff person immediately. The Chair, Councillor or Staff person shall notify the Health and Safety Committee of the accident or injury immediately. Advisory Board and Committee Members are prohibited from using or possessing illicit drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham Advisory Board and Committee Members under the influence of drugs and/or alcohol will not be tolerated, and will result in the Advisory Board and Committee Member's dismissal. Section 13 - Insurance and Liability The issue of liability is based on the principle that people are responsible for their conduct in the course of daily activities. Failure to conduct oneself in a responsible and reasonable manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and occurs when negligent conduct results in some injury to others. Negligent conduct can include acts of commission or omission. The resulting damage might be to either person or property. Advisory Board and Committee Members, inclusive of Student, Affiliate and single day volunteers, while acting within a specific Advisory Board and Committee established mandate and under the control and direction of the Council of the Municipality of Bayham are covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board and Committee Members acknowledge the following: 1. Advisory Board and Committee Members shall not be covered by Workplace Safety Insurance Board coverage. 2. Advisory Board and Committee Members will abide by all applicable Municipal by-laws, policies and rules, as may be amended from time to time. 3. Advisory Board and Committee Members will not use facilities, equipment and property owned by the Municipality without approval of a Municipal staff person, and will not use them for personal purposes. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 295 of 334 RULES OF PROCEDURE FOR ADVISORY BOARDS AND COMMITTEES OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PASSED: JULY 16, 2015 By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 296 of 334 TABLE OF CONTENTS — ADVISORY BOARD AND COMMITTEE PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 1 DEFINITIONS AND INTERPRETATION 2 GENERAL PROVISIONS 3 DUTIES OF ADVISORY BOARDS AND COMMITTEES 4 MEETINGS 5 ADVISORY BOARDS AND COMMITTEES 6 AGENDAS AND MINUTES 7 ORDER OF PROCEEDINGS 8 RULES OF DEBATE AND CONDUCT 9 MOTIONS 10 VOTING ON MOTIONS 11 CONDUCT OF AUDIENCE 12 ADMINISTRATION SCHEDULE "A" CODE OF CONDUCT—ADVISORY BOARD AND COMMITTEE MEMBERS By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 297 of 334 BY-LAW NO. 2015-085 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF MUNICIPAL ADVISORY BOARDS AND COMMITTEES OF THE MUNICIPALITY OF BAYHAM AND OF THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AND WHEREAS the Corporation of the Municipality of Bayham supports and acknowledges the value of Advisory Boards and Committees and there Members; AND WHEREAS the Council for The Corporation of the Municipality of Bayham now deems it advisable to enact a By-law to govern the proceedings of Municipal Advisory Boards and Committees, the conduct of its Members and the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Act; NOW THEREFORE the Council for The Corporation of the Municipality of Bayham enacts as follows: Section 1 — DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: "Administrator" shall mean the Administrator of the Municipality of Bayham. "Advisory Board or Committee" shall mean a board or committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. "Chair" shall mean the Member appointed as such by the Advisory Board or Committee. "Council" shall mean the Council of The Corporation of the Municipality of Bayham. "Councillor" shall mean a person elected or appointed as a Member of Council but does not include the Mayor. "Delegation" shall mean a person or group of persons desiring to verbally present information or to make a request to the Advisory Board or Committee. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 298 of 334 "Mayor" shall mean the Head of Council for the Municipality. "Meeting" shall mean any Meeting of the Advisory Board or Committee. "Member" shall mean a Member an Advisory Board or Committee of the Corporation of the Municipality of Bayham. "Motion" shall mean a question or proposal to be considered by the Advisory Board or Committee and which is moved and is subject to debate. When a Motion is adopted, it becomes a Resolution. "Municipal Act" shall mean the Municipal Act, 2001,(S.O.2001, c. 25), as amended or replaced from time to time. "Pecuniary Interest" shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.0.1990, chapter M.50, as may be amended. "Point of Order" shall mean a statement made by a Member during a Meeting drawing to the attention of the Chair a breach of the Rules of Procedure. "Point of Privilege" shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of the Advisory Board or Committee as a whole have been impugned. "Presiding Member" shall mean the Chair of the Meeting. "Quorum" shall be as defined in Section 4.8 of this Procedural By-law. "Resolution" shall mean a formal expression of opinion or intention by and Advisory Board or Committee. "Rules of Procedure" shall mean the rules and requirements contained within this Procedural By-law. "Secretariat" shall mean the person elected by the Advisory Board or Committee responsible for the preparation of Agendas and taking of Minutes for the Advisory Board or Committee "Municipality" shall mean the Corporation of the Municipality of Bayham. "Vice Chair" shall mean such Member of an Advisory Board or Committee who has been elected to act in the place and stead of the Chair when such Chair is absent from a meeting of the Advisory Board or Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 299 of 334 "Website" shall mean the Municipality of Bayham website address identified as www.bayham.on.ca Section 2 - GENERAL PROVISIONS 2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Advisory Board and Committee Meetings and shall be the rules and requirements which govern the order of their business. 2.1.2 This By-law applies to the creation, amendment and dissolution of Advisory Boards and Committees and to appointments for representation of the public, Staff and Members of Council as authorized by Council on Advisory Boards and Committees. 2.1.3 This by-law outlines a fair and equitable approach and process for the establishment and operation of Advisory Boards and Committees. 2.2 Issue not Addressed 2.2.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Chair or Vice Chair, subject to an appeal to the Advisory Board or Committee, as the case may be. 2.2.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert's Rules of Order. 2.4 Communication Devices 2.4.1 All communication devices shall be switched to `silent' upon entering the location where any Council or Committee Meeting is being held. Section 3 - DUTIES OF ADVISORY BOARDS AND COMMITTEES 3.1 Duties of the Chair 3.1.1 It shall be the duty of the Chair to carry out the following responsibilities: a) to open the Meeting of the Advisory Board or Committee by taking the Chair and calling the Members to order; By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 300 of 334 b) to announce the business before the Advisory Board or Committee in the order in which it is to be acted on; c) to receive and submit, in the manner prescribed by this Procedural By-law, all Matters of Business presented by Members; d) to recognize any Member who wishes to speak and to determine the order of the speakers; e) to put to vote all questions which are regularly moved or necessarily arise in the course of the proceedings and to announce the results; f) to participate as an active and voting member, encouraging active participation by all Advisory Board and Committee members; g) to decline to put to vote motions which contravene the provisions of this Procedural By-law; h) to enforce the provisions of the Procedural By-law; i) to enforce on all occasions, the observance of order and decorum among the Members; j) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the place of Meeting; k) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting; I) to authenticate, by signature, all Meeting minutes; m) to rule on any points of order raised by Members; n) to represent and support the decisions of the Advisory Board or Committee, declaring its will and explicitly and implicitly obeying its decisions in all things; o) to be the point of contact with Council, staff and any media relations; p) to review the goals and objectives of the Advisory Board or Committee and ensure the work plan is realistic, up-to-date and being followed; By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 301 of 334 q) to recognize workload limitations of the Advisory Board or Committee; r) to adjourn the Meeting when the business is concluded. 3.2 Duties of the Vice Chair 3.2.1 Where the Chair gives notice that he will be absent from the Advisory Board or Committee, or of his absence through illness, or he refuses to act, then the Vice Chair shall act in his place and instead of the Chair and, while so acting, has and may exercise all the rights, powers and authority of the Chair. 3.3 Duties of the Members of Advisory Boards and Committees 3.3.1 It shall be the duty of the Members to carry out the role of the Advisory Board or Committee as set forth in the Advisory Board or Committee mandate, in addition to the following responsibilities: a) to deliberate on the business submitted to the Advisory Board or Committee; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to apply and respect the Rules of Procedure; d) to attend all scheduled and special Advisory Board or Committee meetings, sending regrets otherwise; e) to understand his role and expectations, including all applicable Municipality Policies; f) to follow the agenda and stay focused on the topic at hand; g) to understand and follow the mandate of the Advisory Board or Committee, including its relationship to Council; h) to understand and respect the role and expectations of all participants; i) to develop and maintain a climate where mutual support, trust, respect, courtesy, teamwork, creativity and a sense of humour are valued; j) to maintain a high degree of professionalism, discharging all duties with honour and integrity in order that the member may By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 302 of 334 merit the trust and confidence of the citizens of the Municipality of Bayham, Council and staff; k) to respect the individual worth and dignity of other members and, at all times, work together to achieve a common vision for the community, utilizing the diverse knowledge, expertise and talents of all members to optimal advantage; I) to challenge ideas and not people, creating a climate where it is okay to disagree; m) to communicate directly, concisely and honestly, listening without interruption, and be open-minded, allowing a variety of opinions to be heard; n) to work effectively with the administration to provide excellent service to residents, recognizing the professional obligations of staff as an employee of the Municipality and not intervening in administrative practices; o) to respect that resolutions made shall reflect the majority view of the Advisory Board or Committee; p) to respect that decisions of Council are final and accurately communicate the decisions of Council even if they disagree with the majority decision of the Advisory Board or Committee; q) to respect confidential information; r) to attend any training session for Members. 3.3.2 Members shall adhere to the Advisory Board and Committee Code of Conduct attached hereto as Schedule "A", as adopted by Council and as amended from time to time. 3.3.3 Advisory Boards or Committees may appoint Affiliate or Student Members from time to time. Affiliate or Student Members shall be bound by Sections 3.3.1 and 3.3.2 of this Procedural By-law; however, Affiliate and Student Members shall have no voting privileges. 3.4 Duties of the Council Members and Staff on Advisory Boards and Committees 3.4.1 It shall be the duty of Council Members and staff appointed to Advisory Boards and Committees to carry out the role of the Member as set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the following responsibilities: By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 303 of 334 a) to contact Advisory Board or Committee Chairs if issues or concerns related to Members or staff arise and ensure conflict resolution mechanisms are employed, where appropriate; b) to assist the Advisory Board or Committee by offering policy advice on matters within the purview of the Advisory Board or Committee; c) to assist the Chair in preparing any reports or action items. 3.4.2 Council Members and staff shall only vote if the Terms of Reference or mandate of the individual Advisory Board or Committee permit. 3.5 Duties of the Secretariat of Advisory Boards and Committees 3.5.1 It shall be the duty of the Member elected as Secretariat to the Advisory Board or Committee to carry out the role of the Member as set forth in the Section 3.3.1 and 3.3.2 of this By-law, in addition to the following responsibilities: a) to prepare agendas including relevant resolutions in cooperation with the Chair; b) to electronically distribute agendas to Members before a meeting; c) to arrange for or set up of meeting areas, giving consideration to the nature of the matters to be discussed, any audio-visual requirements, attendance by the public and ensuring accessibility for all in compliance with the Municipality Accessibility for Ontarians with Disabilities Act Handbook; d) to arrange for attendance of invited guests at meetings, in conjunction with the Chair; e) to record when the meeting started and adjourned; f) to record the Members present and absent; g) to take minutes, recording a summary of the discussion for each item, actions to be taken and recommendations, including the names of the movers of motions; h) to finalize minutes for distribution. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 304 of 334 Section 4- MEETINGS 4.1 Place of Meeting 4.1.1 Unless otherwise directed by the Advisory Board or Committee, all Meetings shall be held in Municipal facilities. 4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Advisory Board or Committee shall be held at a time determined by the Council or staff Member appointed to the Advisory Board or Committee. 4.2.2 The Advisory Board or Committee Council or staff Member shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Advisory Boards and Committees shall be held on a set schedule with fixed start times to be determined by the Advisory Board or Committee at its Inaugural Meeting, which schedule will be provided to the Administrator immediately following the Inaugural Meeting. 4.3.2 Where a change is made to the day and time of an Advisory Board or Committee Meeting, the Chair shall give notice of the change to all Members via email. 4.6 Meetings Open to Public 4.6.1 Subject to Section 4.7 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.6.2 The Chair may request that members of the public vacate the Place of Meeting if their behaviour is deemed to be disruptive to the business at hand. The Chair may unilaterally suspend the Meeting until order is restored in the Place of Meeting. 4.7 Closed Meetings 4.7.1 Except as otherwise provided herein, all Meetings shall be open to the public. 4.7.2 The Advisory Board or Committee may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 305 of 334 a) the security of the property of the Municipality or Local Board b) personal matters about an identifiable individual, including Municipal and Local Board employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council and Committee is authorized by another provincial statute to hold a closed Meeting; or h) information which is prohibited from being made public under the Municipal Freedom of Information and Protection of Privacy Act. 4.7.3 A motion by the Advisory Board or Committee, to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; b) the general nature of the subject matter to be considered at the closed Meeting. 4.7.4 Where a Meeting or part of a Meeting is closed to the public, the Advisory Board or Committee shall request those persons not specifically invited to the closed Meeting to vacate the Place of Meeting. 4.7.5 A Meeting or part of a Meeting shall not be closed to the public during a vote. 4.7.6 The Motion to rise from "In Camera" shall include the time that the Advisory Board or Committee arose. 4.7.7 The Secretariat shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of the Advisory Board or Committee when it is closed to the public. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 306 of 334 4.7.8 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Advisory Board and Committee Code of Conduct. 4.8 Quorum 4.8.1 Quorum shall be a simple majority of the total Advisory Board or Committee Members, including any vacancies. Subcommittees and Working Groups are subject to quorum rules Advisory Boards and Committees may appoint working group and sub committiees). 4.8.2 If a Quorum is not present within thirty (30) minutes after the time appointed for the Meeting, the Secretariat shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.9 Adjournment- Due Hour 4.9.1 Except as provided in Section 9.1.16 of this Procedural By-law, a Regular or Special Meeting of an Advisory Board or Committee shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such other day and time as the Advisory Board or Committee, by resolution, may direct. 4.10 Cancellation of Meeting 4.10.1 The Chair or the Vice Chair, in the Chair's absence, or the Secretariat, in the absence of both the Chair and Vice Chair, may cancel any Meeting of the Advisory Board or Committee if he is of the opinion that weather conditions or an emergency warrant. The Chair shall inform as many Members as he is able to reach, and any persons that are scheduled to be in attendance. 4.10.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of the Advisory Board or Committee. 4.11 Accessibility 4.11.1 Adequate provisions shall be made by the Chair to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meeting are accessible, to ensure maximum participation. Reference may be made to the provisions of the Municipality of Bayham Accessibility Handbook. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 307 of 334 Section 5—ADVISORY BOARDS AND COMMITTEES 5.1 Establishment of Advisory Boards and Committees 5.1.1 Advisory Boards and Committees are proposed by resolution of Council and established by by-law. Each by-law shall incorporate the mandate for the specific Advisory Board or Committee. Prior to Council's establishment of any Advisory Board or Committee staff shall submit a report to Council including the following information: a) inventory of previous and existing activities related to the matter, including public consultation initiatives; b) membership composition and level of expertise or specialization required by committee members for the selection process; c) orientation, training and facilitation needs. 5.2 Review of Advisory Boards and Committees 5.2.1 Council may review all Advisory Boards and Committees and their respective mandates at any time during the term of Council. The Administrator shall assist in this effort by providing an overview of all Advisory Boards and Committees when requested. 5.2.2 Council may abolish an Advisory Board or Committee at any time during the term of Council with fully substantiated reasoning. 5.3 Orientation Sessions 5.3.1 Orientation sessions shall be conducted for Advisory Board and Committee appointees at the beginning of each term of Council. All Members benefit from orientation. Further sessions may be conducted for appointees during the term of Council, as required. Electronic orientation handbooks will be distributed to all Members for reference purposes. 5.4 Appointment Process for Advisory Board and Committee Members 5.4.1 Where a Provincial Statute prescribes the type of appointments to be made by the Municipality to a given Advisory Board or Committee, the Statute shall be complied with. 5.4.2 Where the Municipality makes appointments to Advisory Boards or Committees of its own creation the vacancies for citizen appointments shall be publicly advertised on the Municipality of Bayham website. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 308 of 334 5.4.3 To apply to serve as a Member on a Municipality Advisory Board or Committee, interested individuals shall be invited to apply and submit an application, which is available on the Municipality of Bayham website. These appointments enable local citizens from various backgrounds to participate in local government and voluntarily give their time and expertise to help formulate the direction of certain programs. 5.4.4 All appointments to Advisory Boards or Committees shall be subject to compliance with the Municipality Advisory Board and Committee Policy, inclusive of all screening requirements. 5.4.5 The duration of Advisory Board or Committee appointments are the same as the term of Council. While appointees may serve on more than one Advisory Board or Committee, Council shall give the first consideration to individuals who are not already appointed to another Advisory Board or Committee. 5.5 Elections 5.5.1 The Chair, Vice-Chair and Secretariat shall be elected to a term as agreed upon by the Advisory Board or Committee at the Inaugural Meeting. 5.5.2 Election shall be by show of hands, with each member receiving one vote. 5.5.3 The Council Member or staff are not eligible to serve as Chair or Vice Chair. 5.6 Resignation and Dismissal Process 5.6.1 Advisory Board and Committee members wishing to resign their appointment shall submit a letter of resignation which shall be forwarded as soon as possible to the Administrator. 5.6.2 Council may, with or without the advice of the Advisory Board or Committee, and with a supporting rationale, make changes to the Advisory Board or Committee membership. 5.7 Attendance Management 5.7.1 After two consecutive absences by any Member at regularly scheduled meetings, the following process shall be followed: a) The Council Members shall informally contact the absent Member to determine if they plan to attend the next regularly By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 309 of 334 scheduled meeting, noting any reasonable or compassionate circumstances which would prohibit their attendance. b) If no reasonable or compassionate response is given, the Council Members shall inform the absent Member that if they are absent from the next regular meeting (the third meeting), the Advisory Board or Committee shall declare their seats vacant and recommend to Council the removal of the Member. c) If the Council Member is unable to reach the absent member or if there was no reasonable or compassionate grounds for absences given at the time of preparing the Agenda for the third meeting: i) The Secretariat shall include the item "Absentee Member" on the Agenda under the Matters of Business heading. ii) Upon consideration of the item, the Secretariat shall briefly identify the requirements of the Advisory Board and Committee Procedural By-law and the name of the absent Member. iii) The Advisory Board or Committee shall recommend to Council the absent Member's seat be declared vacant. d) Removal from Advisory Board or Committee Membership shall be made by resolution of Council. Council may, by resolution, based on evidence of absenteeism due to compassionate or reasonable grounds waive the attendance requirements of the Advisory Board and Committee Procedural By-law. Section 6 -AGENDAS AND MINUTES 6.1 Advisory Board and Committee Agenda 6.1.1 The Secretariat shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at Meetings of the Advisory Board or Committee: Call to Order Disclosures of Pecuniary Interest Delegations Adoption of Minutes Matters of Business Adjournment By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 310 of 334 6.1.2 The Agenda shall be emailed to each Member no later than two days preceding the commencement of the Regular Advisory Board or Committee Meeting in question. 6.1.3 The business of the Advisory Board or Committee shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 6.2 Meeting Minutes 6.2.1 Meeting structure, Agenda and Minute formats should meet the individual needs of Advisory Boards and Committees, while ensuring consistency, completeness and accountability. An Advisory Board or Committee may choose to follow a more informal procedure and allow for a consensus approach to discussion. It is recommended that the following components be included in Agendas, where specific subject items are described in each component and the use of the minute template, as approved by the Administrator. 6.2.2 The Secretariat shall cause the Minutes to be taken of each Meeting of the Advisory Board or Committee, whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Presiding Officer or Officers and the record of attendance of the Members; should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes of prior Meetings; and e) all resolutions, decisions and all other proceedings of the Advisory Board or Committee, without note or comment. 6.2.3 The Minutes of each Advisory Board or Committee shall be presented to the Members for confirmation at the next Regular Meeting. Section 7 - ORDER OF PROCEEDINGS 7.1 Call to Order 7.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Chair shall call the Members present to order. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 311 of 334 7.1.2 If the Chair does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a Quorum is present, the Vice Chair shall preside over the Meeting and shall exercise all duties and responsibilities of the Chair as outlined in this Procedural By-law until the Chair is present at the Meeting and able to perform his responsibility to assume the chair. 7.1.3 If the Vice Chair is also not present within fifteen (15) minutes after the time set for the Meeting and a Quorum is present, the Secretariat shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act as Chair of the Meeting until the arrival of the Chair or Vice Chair, whoever is the first to arrive and is able to assume the chair. 7.2 Disclosures of Pecuniary Interest 7.2.1 Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting of the Advisory Board or Committee at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 7.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 7.2.1 of this Procedural By-law, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration. 7.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting of the Advisory Board or Committee attended by him after the particular Meeting. 7.3 Delegations 7.3.1 Delegations shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of the Members present. Where a delegation consists of a group of three By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 312 of 334 or more persons, the group may address the Advisory Board or Committee for no more than fifteen (15) minutes. 7.3.2 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentarily language; c) speak on any subject other than the subject for which they have received approval to address the Advisory Board or Committee; or d) disobey the rules of procedure or a decision of the Chair. 7.3.3 The Advisory Board or Committee may refuse to hear delegations when, in the opinion of the Advisory Board or Committee, the subject of the presentation is beyond the jurisdiction of the Advisory Board or Committee. 7.4 Matters of Business 7.4.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of another Agenda heading, shall be disposed of during this portion of the Meeting. 7.4.2 Items of business requiring the direction of the Advisory Board or Committee or a formal resolution will appear under this heading in the Agenda. These matters should generally pertain to information items and can include correspondence and Members' Reports. 7.4.3 All Matters of Business intended to be presented to the Advisory Board or Committee shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Secretariat before it is presented to the Advisory Board or Committee 7.4.4 All matters to be considered under this heading of the Agenda shall be received by the Secretariat no less than five (5) days prior to the Advisory Board or Committee Meeting date. 7.5 Adjournment 7.5.1 See Section 9.1.14 of this Procedural By-law By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 313 of 334 Section 8 - RULES OF DEBATE AND CONDUCT 8.1 Duties and Conduct 8.1.1 Advisory Boards and Committees work on behalf of Council for the citizens of the Municipality of Bayham. Advisory Boards and Committees may consult with community stakeholders or engage in activities that puts Members in direct contact with citizens and various organizations. Members shall reflect a professional and courteous manner when interacting with the public. Should a Member exhibit a pattern of inappropriate conduct, the Advisory Board or Committee or staff may request that Council rescind the Member's appointment. 8.1.2 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; b) use offensive words or unparliamentarily language or speak disrespectfully against the Advisory Board or Committee, against any Member or against any officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of Procedure except where the ruling of the Chair is reversed by the Advisory Board or Committee pursuant to subsection 8.6.2. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order that Member to vacate the Place of Meeting, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat; e) speak in a manner that is discriminatory in nature based on an individual's race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; f) where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 314 of 334 8.2 Address the Chair 8.2.1 Any Member desiring to speak shall signify a desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only. 8.3 Order of Speaking 8.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 8.4 Point of Privilege 8.4.1 Where a Member considers that his integrity or the integrity of the Advisory Board or Committee as a whole has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of the Advisory Board or Committee to the matter. 8.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege. 8.4.3 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 8.5 Point of Order 8.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 8.6 Appeal of Ruling of Chair 8.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to the Advisory Board or Committee the decision of the Chair shall be final. 8.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to the Advisory Board or Committee otherwise the decision of the Chair is final. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 315 of 334 8.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by the Advisory Board or Committee, without debate on the following question: "Will the ruling be sustained?", and the decision of the Advisory Board or Committee is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 8.7 Members Speaking 8.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order. Section 9 - MOTIONS Reading 9.1.1 All motions must be introduced by a mover before the Chair may put the question or motion on the floor for consideration. Withdrawn 9.1.2 After a motion is properly moved, it shall be deemed to be in possession of the Advisory Board or Committee, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 9.1.3 No Member shall speak to any motion until it is properly moved, and the mover is entitled to speak first if the Member so elects. Motion ruled out of order 9.1.4 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the Chair shall rule the motion out of order. Not within jurisdiction of Council 9.1.5 A Motion in respect of a matter which requires the exercise of a legislative power by the Advisory Board or Committee which is not within its jurisdiction shall not be in order at a Meeting the Advisory Board or Committee. Motion to Amend 9.1.6 A motion to amend: a) shall be presented in writing if requested by the Chair; By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 316 of 334 b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in reverse order to the order in which the amendments are made. 9.1.7 Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion. Motion to table 9.1.8 A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended. 9.1.9 The matter tabled shall not be considered again by the Advisory Board or Committee until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 9.1.10 A motion to lift a tabled matter from the table is not subject to debate or amendment. Reconsideration 9.1.11 A resolution or any question or matter which has been adopted previously by the Advisory Board or Committee may be reconsidered by the Advisory Board or Committee subject to the following: a) a majority of the Advisory Board or Committee agree to such reconsideration by Resolution. Only a Member who voted thereon with the majority may make a Motion to Reconsider; b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a Motion to Reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 317 of 334 e) a vote to reconsider a particular matter or decision will not be considered more than once during the term of the Advisory Board or Committee. Motion to recess 9.1.12 A motion to recess shall provide for the Advisory Board or Committee to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted. 9.1.13 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 9.1.14 A motion to adjourn is not debateable or amendable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the matter before the Advisory Board or Committee. 9.1.15 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the Advisory Board or Committee to an end. 9.1.16 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and voting. Section 10 -VOTING ON MOTIONS Unrecorded Vote 10.1 A simple majority vote of the Members present shall be followed. Recorded votes shall not be permitted. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 318 of 334 10.2 The manner of determining the decision of the Advisory Board or Committee on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. 10.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 10.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 10.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that question. 10.6 Each Member has only one vote. 10.7 The Chair shall announce the result of every vote. Section 11 - CONDUCT OF THE AUDIENCE 11.1 Members of the public who constitute the audience in the Advisory Board or Committee Place of Meeting, during a Meeting, shall respect the decorum of Advisory Boards and Committees, maintain order and quiet and may not: a) address the Advisory Board or Committee without permission; b) interrupt any speaker or action of the Members or any person addressing the Advisory Board or Committee; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 11.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Place of Meeting. 11.3 The Chair may request that a Member or Members of the public vacate the Place of Meeting if his behaviour is deemed to be disruptive to the business at hand. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 319 of 334 Section 12 -ADMINISTRATION 12.1 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular includes the plural, and vice-versa, as the context requires. 12.2 This By-law shall be administered by the Administrator. 12.3 This By-law shall come into full force and effect on the 16 day of July, 2015. 12.4 The short title of this By-law is the "Advisory Board or Committee Procedural By-law" READ A FIRST, SECOND and THIRD time and finally passed on the 16 day of July, 2015. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 320 of 334 SCHEDULE 'A' CODE OF CONDUCT - ADVISORY BOARD AND COMMITTEE MEMBERS Advisory Committee Members Code of Conduct Advisory Boards and Committees are established by Council for the purpose of encouraging community participation in a variety of issues relevant to the Municipality. The Municipality recognizes such bodies play an important part in the corporate decision- making process by providing a means for elected representatives and staff to receive perspectives and insight from affected citizens on a variety of matters. Advisory Boards and Committees report to Council and the nature of Advisory Board and Committee recommendations to Council is purely advisory, not advocacy. In recognition of the impartial and objective recommendations that Council receives from Advisory Boards and Committees, as well as the challenges and inherent restrictions placed upon these same individuals in assessing and recommending various options in a conscientious and ethical manner, the following Code of Conduct is provided as a general standard for all Municipality Advisory Board and Committee Members to ensure they are acting in a manner that is appropriate with regard to accountability and transparency. 1. Advisory Board and Committee Members shall, when conducting business, preparing written correspondence, interacting with media, Members of Council, staff or members of the public, act in a manner that accomplishes the following: a) fulfil the mandate of the Advisory Board or Committee; b) respect due process and the authority of the Chair; c) demonstrate respect for all fellow Advisory Board and Committee Members, Council, staff and the public regardless of cultural or linguistic diversity and life circumstances; d) respect and give fair consideration to diverse and opposing viewpoints; e) demonstrate due diligence in preparing for meetings, special occasions, or other Advisory Board or Committee related events; By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 321 of 334 f) demonstrate professionalism, transparency, accountability and timeliness in completing any tasks or projects undertaken by the Advisory Board or Committee; g) conform with all applicable legislation, by-laws, policies and guidelines; h) work in conjunction with the community; i) contribute in a meaningful manner, offering constructive comments to Council, staff and fellow Advisory Board and Committee Members. 2. A Member of an Advisory Board or Committee shall not: a) engage in any business or transaction or have a financial or personal interest that is incompatible with the Advisory Board or Committee official duties; b) place oneself in a position where the Member is under obligation to any person who might benefit from special consideration or favour on the Member's part or who might seek in any way preferential treatment; c) accord, in the performance of official duties, preferential treatment to relatives or to organizations in which the Member has an interest, financial or otherwise; d) place oneself in a position where the Member could derive any direct or indirect benefit or interest from any matter about which the Member can influence decisions; e) benefit from the use of information acquired during the course of the Member's official duties which is not generally available to the public; f) accept gifts, hospitality, or entertainment that could reasonably be construed as being given in anticipation or recognition of special consideration by the Member or the respective Advisory Board or Committee. 3. Should a Member of an Advisory Board or Committee breach any of the clauses set out herein, the following actions may occur: a) An Advisory Board or Committee may censure the Member or recommend to Council removal of the Member from the By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 322 of 334 Advisory Board or Committee; b) A formal warning may be issued to the Member from the Chair of the Advisory Board or Committee; or c) Should subsequent breaches occur following the formal warning, the Chair may suspend the Member and recommend removal to Council. Member's Name (Printed) Signature Date By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 323 of 334 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Joint Cemeteries Board Statutory- Discretionary Statutory Funeral, Burial and Cremation Services Act, 2002 Municipal of Bayham Cemeteries Regulatory By-law Acronym BJCB Mandate To co-ordinate and support the efforts in pursuing consistency among the Bayham Cemetery Boards, and ensuring compliance with the requirements of the Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as amended from time to time. Sub-Committees forming Individual Boards shall be established to be responsible for the maintenance and operation of each of the following cemeteries in the Municipality of Bayham and be known as: The Straffordville Cemetery Board The Smuck Cemetery Board The Eden Cemetery Board The Calton Cemetery Board The Guysboro Cemetery Board The Dobbie Cemetery Board The Best Cemetery Board The Bayham West Cemetery Board The Sub-Committee Boards may initiate and undertake other projects, in regard to cemeteries without any individual Board structure, either individually or jointly. Other Municipal Cemeteries acknowledged as having no individual board structure at this time include: Light Edison Claus Stanton Firby Old Eden Old Richmond (Godwin) Otter Valley Estherville (also know as Otter Valley Baptist&Old Port Burwell) Amerman Abandoned Hemlock Creek Hutchison Composition Nine (9) members of the public Council Representation One (1) Member of Council—no voting privileges Staff Representation One (1) Staff person—no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 324 of 334 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Harbourfront Advisory Committee Statutory- Discretionary Discretionary Acronym HFC Mandate The Harbour Front Committee (HFC)will provide advisory support to Council in regard to the promotion, improvement and development of the Bayham harbourfront area and related infrastructure. The Committee will work towards the creation of a vibrant harbourfront area to promote a strong economic base with enhanced tourism and inclusion of natural and heritage resources, within the financial realities of the Municipality of Bayham. The Committee will provide advisory recommendations to Council for the promotion, improvement and development of the harbour area with the goal to contribute to employment opportunities, community renewal, beautification and recreational opportunities. The Committee will work closely with other related groups and agencies including but not limited to the County of Elgin Economic Development Department, Port Burwell Provincial Park and Otter Valley Naturalists. Composition Nine (9) members of the public Council Representation One (1) Member of Council—full voting privileges Staff Representation One (1) Staff person—no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 325 of 334 Municipality of Bayham Advisory Board and Committee Profile Municipality of Bayham Museums Bayham Board Statutory- Discretionary Discretionary(By-law No. 2006-082, Collections& Records Management Policy, By-law No. 2006-083, Education Policy, By-law No. 2007-018, Staff Training Policy) Acronym MB Mandate Museums Bayham exists to educate the citizens of Bayham and the community beyond about the history of the Bayham area, subject to budgetary requirements and limits as approved by the Council of the Municipality of Bayham, following the procedures and policies approved by Bayham Council. This includes Port Burwell and its lighthouse in relation to the local and marine heritage of the Great Lakes, and also Vienna's Canadian connection to the Thomas Alva Edison family heritage, fostering an appreciation for the relationship of Bayham's past to its present and future development. To this end, Museums Bayham collects, records, preserves, researches, shares, promotes and presents exhibits and interprets documents and artifacts related to the history of Bayham, in accordance with the financial realities of the Corporation of the Municipality of Bayham. The premises known municipally as 20 Pitt Street and 17 Robinson Street and known as the Port Burwell Marine Museum and Lighthouse, respectively, shall continue to be maintained and identified as the Port Burwell Marine Museum and Lighthouse. The Marine Museum and Lighthouse have been established to serve the inhabitants of Port Burwell and the Bayham area, with a strong appeal to tourists visiting the region. The museum collection will focus on marine documentation and artifacts that illustrate the relationships between marine life on the Great Lakes together with domestic and commercial life of the Village as a port on Lake Erie. The premises known municipally as 14 Snow Street, and known as the Edison Museum of Vienna shall continue to be maintained and identified as the Edison Museum of Vienna. The Edison Museum has been established to promote recognition of the extent and impact of Thomas Alva Edison, the inventor, on the local area, and worldwide, by his many inventions and family artifacts on display, and promote and preserve the historical artifacts and records of the Bayham area and its inhabitants. Service and Operation Programming The Board with assistance of Staff will be responsible for the preparation and review of policies and procedures for service, operation, programming, and long- term planning goals for the museums. Artifacts Ownership of any and all donated items lies with the Municipality of Bayham, who will provide adequate insurance coverage including on-loan items, subject to consideration of Council considering recommendations of the Board. Acquisition, disposal, and records of documents, objects and artifacts will be governed by the Museums' collection development and management policy as adopted by the Council of the Municipality upon recommendation of the Board. Ownership by the Municipality of Bayham may be assigned to its successors, administrators and assigns absolutely. Displays and exhibits will be approved by the Board. Finance and Budgeting The Board in communication with the appropriate staff,will prepare, review and submit annual operating budget requirements, including long-term capital projects, to the municipal administration,for Council's consideration and approval By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 326 of 334 annually as required. The Board will monitor the budgets throughout the year. Reserves/Reserve Funds may be established as approved by Council through the budget process. Bequests and financial donations will be accounted for through Municipal administration. Purchasing Purchasing is to be coordinated through staff in accordance with the Municipal Procurement By-law. Any such purchases must be within the Budgets established and approved by Council, and must be approved by the Board. A Petty Cash Fund(s) may be permitted at the discretion of the Board. Such petty cash fund will be administered by staff. Human Resources The Museums and staff shall be governed by Council through the Administrator in accordance with municipal policies and procedures. The Board will provide general direction of staff at the museums, assisted by municipal staff as appropriate, within the guidelines of the annual budget and personnel policy, as approved by Council. Special Events and Exhibits The Board,with assistance of museum staff and volunteers, may undertake special events, displays, and exhibits at its discretion, within the guidelines of the annual operating budget as approved by Council. Fundraising and Donations The Board,with assistance of museum staff and volunteers, will undertake and promote fundraising and donation programs to the best of its ability. Such programs may be for general operating assistance or special programs/capital projects (approved by Council). All accounts shall be accounted for through Municipal administration. Facility Management The Board will provide input/information to municipal administration for the Capital and Operating needs of Museum facilities. Such needs shall be considered in the preparation of budgets presented to Municipal Council. Composition Eleven (11) members, including six(6)community members, one(1) member from the Port Burwell Historical Society, one (1) member from the Bayham Historical Society, one (1) expert representative from a professional heritage facility(active or retired), if possible. Council will endeavor to provide membership from the Bayham community that will support the mandate and success of both museum facilities. Council Representation One (1) Member of Council—no voting privileges Staff Representation One (1) Staff person—no voting privileges Base Municipality of Corporate Health and Safety Policy Bayham Health and Safety Profile Date Profile Approved July 16, 2015 By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 327 of 334 YHA P O�poj'tunity Y0�,�9 Corporation of the Municipality of Bayham Advisory Board & Committee Member Application Form I am interested in participating as a volunteer on the following boards and/or committee(s): Explain why you would like to serve on each board or committee identified above, including any skills or experience which would be of value to the committee or board: Do you have any experience volunteering? OYES ONO if Yes, in what capacity: We want to ensure persons with disabilities are able to participate on municipal committees. If you have a disability, what accommodations, if any, would you need to carry out this position? Please provide any additional information which may be of assistance in the selection process. Applicants Signature: Date: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866- 5521 or at accessibility@bayham.on.ca. NOTE: Personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act c.M56 s.29(2)and will be used to appoint citizen members to municipal boards, or committees. Information on this form will be disclosed to the public for candidate selection purposes. Questions about this collection should be directed to the Municipal Clerk at the address indicated at the top of the application. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 328 of 334 vpxYHA. 41 I O�poj'tunity Imo• ACO Corporation of the Municipality of Bayham Advisory Board and Committee Member Confidentiality Statement The Municipality of Bayham and its Boards, Committees, Volunteers and Employees adhere to the requirements of the Municipal Freedom of Information and Protection of Privacy Act, , am an Advisory Board or Committee Member serving as a volunteer citizen member of the Corporation of the Municipality of Bayham. I HEREBY ACKNOWLEDGE AND UNDERSTAND THE FOLLOWING: THAT the Municipal Freedom of Information and Protection of Privacy Act provides that all persons appointed or chosen under the authority of a municipal council are governed by the said Act and includes citizen members of boards, committees and volunteers appointed by Council from time to time; THAT the Municipal Freedom of Information and Protection of Privacy Act, Section 48, provides for penalties for contravention of the said Act; I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT in the course of carrying out my volunteer role, I may have access to and may be dealing with records containing confidential information and/or personal information which reveals the identity of the person who is the subject of the record or identify a person who has provided information about the subject of the record; I HEREBY AGREE to hold such information confidential and, except as may be legally required, will not disclose or release it to any person at any time without proper consent or authorization; I FURTHER AGREE to take appropriate security measures to prevent unauthorized access to confidential information. DATED at the Municipality of Bayham this day of , 20_ Signature: Witness: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-5521 ext. 209 or at accessibility@bayham.on.ca. By-Law 2015-085 Being a By-law to establish an advisory Boar... Page 329 of 334 BY-LAW NUMBER 2015-086 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO APPOINT BOARD AND COMMITTEE MEMBERS WHEREAS The Corporation of the Municipality of Bayham By-Law 2015-085 governs the roles and responsibilities of Advisory Board and Committee Members; AND WHEREAS Council of The Corporation of the Municipality of Bayham deems it necessary and expedient to appoint Advisory Board and Committee Members; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Corporation of the Municipality of Bayham hereby appoints the Municipality of Bayham—Boards and Committee Members attached hereto as "Schedule A"and forming part of this by-law; 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 16TH day of July,2015. MAYOR CLERK By-Law 2015-086 Being a By-law to appoint Board and Committe... Page 330 of 334 Schedule"A"to By-Law 2015-86 Municipality of Bayham—Boards and Committee Members Legislated/Non-Municipal Boards&Committees: 1. Committee of Adjustment a. Appointees: i. Council ii. Secretary-Treasurer—Deputy Clerk/Planning Coordinator Margaret Underhill 2. Court of Revision a. Appointees: i. Council ii. Chairman- Mayor 3. Long Point Region Conservation Authority a. Appointees(Representing Malahide&Bayham) i. Tom Southwick 4. Elgin Area Primary Water Supply System Joint Board of Management a. Appointees(Representing Aylmer, Malahide&Bayham) i. Randy Breyer ii. Tom Southwick(alternate) 5. Port Burwell Secondary Water Supply System a. Appointees i. Randy Breyer ii. Tom Southwick(alternate) 6. Elgin County Land Division Committee a. Appointees i. Brent Stewart 7. Elgin Group Joint Police Services Board a. Appointees(Representing Malahide& Bayham) i. Deputy Mayor Mike Wolfe 8. Bayham Joint Cemetery Board a. Appointees i. One representative from each individual Cemetery Board (as appointed by each Board) ii. Secretary-Staff Resource—Clerk-Lynda Millard Individual Cemetery Boards b. Straffordville i. Gerald Taylor ii. Al Stewart iii. Perry Grant iv. Joe Neville v. Dave Andrews vi. Jim Tait By-Law 2015-086 Being a By-law to appoint Board and Committe... Page 331 of 334 Schedule"A"to By-Law 2015-86 c. Eden i. Jim Tait ii. Herwin(Corky)Ouellette iii. Lorraine Backus iv. Ray Maddox d. Calton i. Roger James ii. Cheryl James iii. Frank Sawatzky iv. Ben Sawatzky v. John Reddecop e. Guysboro i. Vera May Dickhout ii. Bonnie Ball Coelho iii. Dan Rayson iv. Emery Silverthorn v. Joseph N Dickhout vi. Frances Martinkevicius vii. Daphne Dickhout f. Smuck i. Robert Gregson g. Dabble i. Mark Elliott ii. Brad Swance iii. Jim Tupper h. Bayham West i. Larry Milmine ii. Ralph Carter iii. Edward Carter iv. Marlene Carter v. John Scott i. Best(Corinth) i. George Beard ii. George Beard Jr. 9. Joint Otter Valley Utility Corridor and Recreation Trail Committee a. Appointees(Representing Bayham &Tillsonburg) I. Paul Ens 10.Harbourfront Committee a. Appointees i. Ron Flick ii. Earl Shea iii. Ray Talbot iv. Glen Underwood By-Law 2015-086 Being a By-law to appoint Board and Committe... Page 332 of 334 Schedule"A"to By-Law 2015-56 11.Museums Bayham a. Appointees i. Lynn Acre ii. Charles Buchanan iii. Ron Bradfield iv. Kimberley Legg v. Bev Hickey vi. Ray Maddox vii. Anna Schafer viii. Mathew Schafer ix. Susan Start x. Albert White 12.Elgin Municipal Association a. Appointees i. Leann Walsh 13. Doors Open East Elgin 2015 a. Appointees i. Brenda Gibbons By-Law 2015-086 Being a By-law to appoint Board and Committe... Page 333 of 334 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015—087 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JULY 16, 2015 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 July 16, 2015 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 16th day of July, 2015. MAYOR CLERK By-Law 2015-087 Being a By-law to confirm all actions of Cou... Page 334 of 334