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HomeMy WebLinkAboutMay 21, 2020 - CouncilTHE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 21, 2020 7:00 p.m. The May 21, 2020 Meeting of Council will be held virtually via Zoom and livestreamed on YouTube. The Public may watch the Council meeting utilizing the Municipality of Bayham YouTube Channel: https://m.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg/featured 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. 7:05 p.m. - Rob Foster from Graham Scott Enns re 2019 Draft Financial Statements 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held May 11, 2020 B. Statutory Planning Meeting held May 11, 2020 re S & M Hermann C. Statutory Planning Meeting held May 11, 2020 re Graham Estates Inc. D. Statutory Planning Meeting held May 11, 2020 re LPRCA (Big Otter Marina Campground) E. Statutory Planning Meeting held May 11, 2020 re Tesluk & Mulcaster F. Drainage Public Meeting held May 11, 2020 re Grewal Drain 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 2020 Council Agenda May 21, 2020 2 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Court of Revision re Grewal Drain B. Notice of Decision re Committee of Adjustment A-02/20 Froese C. Notice of Decision re Committee of Adjustment A-03/20 Miller D. Notice of Passing of Zoning By-law Z709-2020 re Graham Estates Inc. E. Notice of Passing of Zoning By-law Z708-2020 re S & M Hermann F. Notice of Passing of Zoning By-law Z710-2020 re L.P.R.C.A (Big Otter Marina Campground) G. Notice of Passing of Zoning By-law Z711-2020 re Tesluk & Mulcaster H. Notice of Passing of Zoning By-law Z707-2020 re J & M Thiessen 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-42/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Parkland Dedication and Cash-in-Lieu of Parkland Dedication Draft By-law 2020-053 B. Report DS-43 /20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Cash -in- Lieu of Parking – Draft By -Law 2020 -054 C. Report DS-44/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Pre- Consultation By-law – Draft By-law 2020-055 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of Grimsby Resolution re Support for Commercial Rent Assistance Program B. Long Point Region Conservation Authority minutes of meeting held February 28, 2020 C. Long Point Region Conservation Authority minutes of meeting held April 22 , 2020 D. Elgin County minutes of meeting held April 28, 2020 E. Township of North Frontenac re Framework for Reopening our Province - Residential Construction in Rural Areas 2020 Council Agenda May 21, 2020 3 11.1.2 Requiring Action A. Elgin County re Integrity Commissioner Contract Extension Letter 11.2 Reports to Council A. Report CAO-22/20 by Paul Shipway, CAO|Clerk & Lorne James, Treasurer re COVID-19 Pandemic B. Report CAO-26/20 by Paul Shipway, CAO|Clerk re E-commerce 12. BY-LAWS A. By-Law No. 2020-056 Being a by-law to authorize the execution of an Agreement between the Municipality of Bayham and VanGorp Drainage & Excavating Inc. for the provision of drainage works for the Richmond Branch ‘C’ Drain (This by-law follows the recommendation in Report DS-31/20 by Bill Knifton, CBO|Drainage Superintendent during the special meeting of April 27, 2020) B. By-Law No. 2020-057 Being a by-law to authorize the execution of an Agreement between the Municipality of Bayham and Paymentus Corporation for the provision of an e- commerce payment gateway (This by-law follows the recommendation in Report CAO- 26/20 by Paul Shipway, CAO|Clerk during the meeting of May 21 , 2020) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Tribute Resources Inc.) B. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board; a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Creek Rd.) C. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board; a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Provincial Park Lands) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-033 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Monday, May 11, 2020 6:30 p.m. Pursuant to Section 4.4.3(a) of Procedural By-law No. 2018-005 the Cancellation of the May 7, 2020 Regular Meeting of Council and the scheduling of the May 11, 2020 Special Meeting of Council is to permit the Municipality of Bayham to consider planning applications previously deferred due to Provincial Orders under the Emergency Management and Civil Protection Act. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF A. Councillor Dan Froese declared a conflict of interest with By-law No. 2020-046 and did not take part in debate or consideration of By-law No. 2020-046 as it pertains to Minor Variance Application A-02/20 D & T Froese and he is the Applicant. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Tribute Resources Inc.) added as Item 14.1 A. B. PROCEDURAL MOTION Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Section 6.15.1(K) of the Municipality of Bayham Procedural By-law be suspended for the duration of the May 11 , 2020 Special Meeting of Council due to the functional abilities of the electronic meeting platform. A recorded vote was held on the Procedural Motion: Member of Council YES NO Councillor C. Valerie Donnell X 2020 Special Council Minutes May 11, 2020 2 Councillor Dan Froese X Councillor Susan Chilcott X Deputy Mayor Rainey Weisler X Mayor Ed Ketchabaw X TOTAL 5 0 CARRIED 4. ANNOUNCEMENTS A. Councillor Froese expressed appreciation to the community, Council and staff for the support and prayers during a difficult time for his family. 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Meeting held April 27, 2020 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Special Meeting held April 27, 2020 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council Special Council Meeting recessed at 6:35 p.m. in order to conduct the Grewal Drain Public Meeting and reconvened at 6:39 p.m. 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information A. Elgin County Ontario Provincial Police re 2019 Year End Report Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence item 9.1.1-A be received for information. 2020 Special Council Minutes May 11, 2020 3 CARRIED 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-35/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Site Plan Agreement – Sandytown Retirement Home Inc. Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report DS-35/20 regarding the Sandytown Retirement Home Inc. site plan agreement extension be received; AND THAT Council agrees as per the request to extend the Sandytown Retirement Home Inc. site plan agreement approved by By-law 2019-049 due to expire on May 16, 2020 for an additional time period expiring on December 1, 2020. CARRIED B. Report DS-36/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Thiessen By-law No. Z707-2020 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report DS-36/20 regarding the Thiessen rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held April 2, 2020 associated with this application, there were no written submissions and no oral presentation regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by John and Mary Thiessen identified as a portion of 55866 First Street from Village Residential (R1) Zone to site-specific Village Residential (R1-14) Zone subject to condition of consent application E90/19; 2020 Special Council Minutes May 11, 2020 4 AND THAT Zoning By-law Z707-2020 be presented to Council for enactment. CARRIED C. Report DS-37/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Graham Estates Inc. Zoning By-law Z709-2020, Site Plan Agreement – Graham Estates Inc. By-law 2020-047 Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-37/20 regarding the Graham Estates Inc. rezoning application and site plan agreement be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 11, 2020 associated with this application, there was one written submission in opposition received April 2, 2020 regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Graham Estates Inc. identified as Concession 10 North Part Lot 17, from Agriculture (A1-A) Zone and Rural Commercial (RC) Zone to site-specific Rural Industrial (M2-12) Zone to permit the expansion of the Graham Estates Inc.; AND THAT Zoning By-law Z709-2020 be presented to Council for enactment; AND THAT By-law No. 2020-047 being a By-law to authorize the execution of a Site Plan Agreement between Graham Estates Inc. and the Municipality of Bayham for development at the property known as 56957 Talbot Line be presented to Council for enactment. CARRIED D. Report DS-38/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Hermann Zoning By-law Z708-2020 Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-38/20 regarding the Hermann rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 11, 2020 associated with this application, there were no written submissions and no oral presentations opposing this matter and that all considerations were taken into account in Council’s decision passing this resolution; 2020 Special Council Minutes May 11, 2020 5 AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Susan and Manfred Hermann identified as Concession 6 STR Lot 129 from Rural Residential (RR) Zone to Special Agricultural (A2) Zone and lands from Special Agricultural (A2) Zone to Rural Residential (RR) Zone and lands from Special Agricultural (A2) Zone to Agricultural (A1-A) Zone as per Consent Applications E83/19, E84/19 and E85/19; AND THAT Zoning By-law Z708-2020 be presented to Council for enactment. CARRIED E. Report DS-39/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Long Point Region Conservation Authority Zoning By-law Z710-2020, Site Plan Agreement – Long Point Region Conservation Authority By-law 2020 -048, Development Agreement – Long Point Region Conservation Authority By-law 2020 -049 Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-39/20 regarding the Long Point Region Conservation Authority rezoning application, site plan and development agreements be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 11, 2020 associated with this application, there were no written submissions regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Long Point Region Conservation Authority identified as Concession 1 Part Lot 11 & 12, from Tourist Commercial (C3), holding Tourist Commercial (C3(h2)) and Open Space 1 (OS1) to site-specific Tourist Commercial (C3-1) Zone to permit the expansion of the Big Otter Marina and Campground on the Long Point Region Conservation Authority lands; AND THAT Zoning By-law Z710-2020 be presented to Council for enactment; AND THAT By-law No. 2020-048 being a By-law to authorize the execution of a Site Plan Agreement between Long Point Region Conservation Authority and the Municipality of Bayham for development at the property known as 5 Bridge Street Port Burwell be presented to Council for enactment; AND THAT By-law 2020-049 being a By-law to authorize the execution of a Development Agreement between Long Point Region Conservation Authority and the Municipality of Bayham for development at the property known as 5 Bridge Street Port Burwell be presented to Council for enactment; AND THAT Staff be authorized to revise the Agreements, if necessary, in consultation with the LPRCA to facilitate the execution of the Agreements. CARRIED 2020 Special Council Minutes May 11, 2020 6 F. Report DS-40/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Tesluk and Mulcaster Zoning By-law Z711-2020 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DS-40/20 regarding the Tesluk and Mulcaster rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 11, 2020 associated with this application there was one written submission in opposition received May 11, 2020 regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Nancy Tesluk and Fred Mulcaster identified as Plan 12 Lot 23, known as 42 Robinson Street, from Central Business District (C1) to Village Residential (R1) Zone; AND THAT Zoning By-law Z711-2020 be presented to Council for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. City of Hamilton re Request to Regulate and Enforce Odour and Lighting Nuisances Related to the Cultivation of Cannabis Plants B. Township of Mapleton re A Resolution to Request the Province of Ontario Review the Farm Property Class Tax Rate Programme in Light of Economic Competitiveness Concerns between Rural and Urban Municipalities Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT correspondence item 11.1.1-A – 11.1.1-B be received for information. CARRIED 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-21/20 by Paul Shipway, CAO|Clerk re Capital Item No. PW -01 Baynor South Bridge 2020 Special Council Minutes May 11, 2020 7 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-21/20 re Capital Item No. PW-01 Baynor South Bridge be received for information; AND THAT staff be directed to bring forward a by-law to authorize the execution of an agreement with Froese Excavating Ltd. for Capital Item PW -01 in the amount of $436,979.96+HST. CARRIED 12. BY-LAWS Councillor Dan Froese declared a conflict of interest with By-law No. 2020-046 and did not take part in debate or consideration of By-law No. 2020-046 as it pertains to Minor Variance Application A-02/20 D & T Froese and he is the Applicant. A. By-Law No. Z707-2020 Being a by-law to further amend By-Law No. Z456-2003 – Thiessen (This by-law follows the recommendation in Report DS-36/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) B. By-Law No. Z708-2020 Being a by-law to further amend By-Law No. Z456-2003 – Hermann (This by-law follows the recommendation in Report DS-38/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) C. By-Law No. Z709-2020 Being a by-law to further amend By-Law No. Z456-2003 – Graham Estates Inc. (This by-law follows the recommendation in Report DS-37/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) D. By-Law No. Z710-2020 Being a by-law to further amend By-Law No. Z456-2003 – Long Point Region Conservation Authority (This by-law follows the recommendation in Report DS-39/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) E. By-Law No. Z711-2020 Being a by-law to further amend By-Law No. Z456-2003 – Tesluk and Mulcaster (This by-law follows the recommendation in Report DS-40/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) F. By-Law No. 2020-046 Being a by-law to authorize the execution of a Development Agreement between Dan & Tina Froese and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-32/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the Committee of Adjustment meeting of May 11, 2020) G. By-Law No. 2020-047 Being a by-law to authorize the execution of a Site Plan Agreement between Graham Estates Inc. and the Corporation of the Municipality of 2020 Special Council Minutes May 11, 2020 8 Bayham (This by-law follows the recommendation in Report DS-37/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) H. By-Law No. 2020-048 Being a by-law to authorize the execution of a Site Plan Agreement between Long Point Region Conservation Authority and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-39/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) I. By-Law No. 2020-049 Being a by-law to authorize the execution of a Development Agreement between Long Point Region Conservation Authority and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-39/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the special meeting of May 11, 2020) J. By-Law No. 2020-050 Being a by-law to provide for drainage works in the Municipality of Bayham known as the Grewal Drain (This by-law follows the recommendation in Report DS-32/20 by Bill Knifton, Chief Building Official|Drainage Superintendent during the drainage meeting of May 11, 2020) First and Second Reading only. K. By-Law No. 2020-051 Being a by-law to authorize the execution of an Agreement between the Municipality of Bayham and Froese Excavating Ltd. (This by-law follows the recommendation in Report CAO-21/20 by Paul Shipway, CAO|Clerk during the special meeting of May 11, 2020) L. By-Law No. 2020-052 Being a by-law to authorize the execution of an Agreement between the Municipality of Bayham and Duncor Enterprises Inc. Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT By-law No. 2020-050 be read a first and second time; AND THAT By-law No. Z707-2020, Z708-2020, Z709-2020, Z710-2020, Z711-2020, 2020- 046, 2020-047, 2020-048, 2020-049, 2020-051 and 2020-052 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council do now rise to enter into an “In Camera” Session at 7:19 p.m. to discuss: 2020 Special Council Minutes May 11, 2020 9 • advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED A. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Tribute Resources Inc.) 14.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Council do now rise from the “In Camera” session at 7:40 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-032 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Confirming By-Law No. 2020-032 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Special Council meeting be adjourned at 7:41 p.m. CARRIED MAYOR CLERK THE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES 56169 Heritage Line, Straffordville, ON Monday May 11, 2020 6:10 p.m. Zoning - S & M Hermann PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: None. 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 6:13 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by Susan and Manfred Hermann, 57237 & 57009 Heritage Line THE PURPOSE of this By-law is to change the zoning regulations on 0.09 m² (1.0 ft2) of land from Rural Residential (RR) to Special Agriculture (A2); to change the zoning regulations on 1,574 m2 (0.3 acres) of land and from Special Agricultural (A2) to Rural Residential (RR); and to change the zoning regulations on 10.9 ha (27 acres) of land from Special Agricultural (A2) to Agricultural (A1-A) in Zoning By-law Z456-2003. The subject lands are located at Lot 129, Concession S.T.R, known municipally as 57237 Heritage Line, south side, east of Toll Gate Road. THE EFFECT of this By-law will be to fulfill conditions of consent, applications E83/19, E84/19 and E85/19, for zone change for two lot additions, one for technical severance of “1 foot by 1 foot” from the RR lands to the A2 lands and a second for residential lot addition from the A2 lands to the RR lands, consistent to the addition lands; and 2 Statutory Planning Minutes May 11, 2020 severance of the farm parcel to zone a portion of the retained lands consistent to the remainder of the retained lands. 5. PUBLIC PARTICIPATION None. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Zoning By-law be considered at the meeting scheduled for May 11 , 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application S & M Hermann is now complete at 6:16 p.m. Pursuant to the Procedural By-law No. 2018-005, Section 6.15.1 (K) a recorded vote was held on the motion: Member of Council YES NO Councillor C. Valerie Donnell X Councillor Dan Froese X Councillor Susan Chilcott X Deputy Mayor Rainey Weisler X Mayor Ed Ketchabaw X TOTAL 5 0 CARRIED MAYOR CLERK THE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES 56169 Heritage Line, Straffordville, ON Monday May 11, 2020 6:10 p.m. Zoning - Graham Estates Inc. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Ross Graham, Applicant 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 6:17 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by Graham Estates Inc., 56957 Talbot Line THE PURPOSE of this By-law is to change the zoning on 2.6 ha (6.6 acres) of land from an Agricultural (A1-A) zone and Rural Commercial (RC) Zone to a site-specific Rural Industrial (M2-XX) zone to recognize industrial use and to permit maximum building floor area of 8,450 m2 (90,955 ft2) in Zoning By-law Z456-2003. The subject lands are located at 56957 Talbot Line, south side, west of Green Line. THE EFFECT of this By-law will be to recognize the manufacturing and warehouse business and to permit additional floor area of 4,065 m2 (43,755 ft2) for a new warehouse building and future floor area of 2,129 m2 (22,916 ft2) for building replacement/addition. 5. PUBLIC PARTICIPATION None. 2 Statutory Planning Minutes May 11, 2020 6. CORRESPONDENCE The Deputy Clerk|Planning Coordinator advised there had been one email correspondence received on April 2, 2020 from a neighbour opposing the zoning amendment stating mainly there were odour and noise concerns. She noted the correspondence and the concerns are addressed in the staff report on the regular agenda for Council to consider. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at the meeting scheduled for May 11 , 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Graham Estates Inc. is now complete at 6:20 p.m. Pursuant to the Procedural By-law No. 2018-005, Section 6.15.1 (K) a recorded vote was held on the motion: Member of Council YES NO Councillor C. Valerie Donnell X Councillor Dan Froese X Councillor Susan Chilcott X Deputy Mayor Rainey Weisler X Mayor Ed Ketchabaw X TOTAL 5 0 CARRIED MAYOR CLERK THE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES 56169 Heritage Line, Straffordville, ON Monday May 11, 2020 6:10 p.m. Zoning - LPRCA (Big Otter Marina Campground) PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Eldon Darbyson, Agent 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 6:21 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by Long Point Region Conservation Authority (Big Otter Marina Campground), 5 Bridge St THE PURPOSE of this By-law is to change the zoning on 7.8 ha (19.3 acres) of land from a Village Commercial (C3), holding Village Commercial (C3(h2)) and Open Space 1 (OS1) zone to a site-specific Tourist Commercial (C3-XX) Zone to combine the lands under one zone for the travel trailer park, campground and marina use; to permit partial reduced rear yard setback of 1.0 m (3.2 ft) where 10.0 m (32.8 ft) is the required minimum; to permit zero (0) side yard setback (south); and, to permit an existing boathouse building located on both the subject lands and the adjacent marina lands, in Zoning By-law Z456-2003. The subject lands are located at 5 Bridge Street, north side, west of Robinson Street. 2 Statutory Planning Minutes May 11, 2020 THE EFFECT of this By-law will be to recognize the existing uses of the subject lands and existing non-conforming setbacks (south side yard and rear) and encroaching boathouse building (on the subject lands and adjoining unpatented lands forming part of the marina use) as part of redevelopment/expansion with an additional 47 semi- permanent seasonal trailer park sites and relocating existing semi-permanent seasonal travel trailer park sites outside of the flood zone. 5. PUBLIC PARTICIPATION Eldon Darbyson, Agent, agreed with the planning report recommendations. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at the meeting scheduled for May 11 , 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Long Point Region Conservation Authority (Big Otter Marina Campground) is now complete at 6:24 p.m. Pursuant to the Procedural By-law No. 2018 -005, Section 6.15.1 (K) a recorded vote was held on the motion: Member of Council YES NO Councillor C. Valerie Donnell X Councillor Dan Froese X Councillor Susan Chilcott X Deputy Mayor Rainey Weisler X Mayor Ed Ketchabaw X TOTAL 5 0 CARRIED MAYOR CLERK THE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES 56169 Heritage Line, Straffordville, ON Monday May 11, 2020 6:10 p.m. Zoning - Tesluk & Mulcaster PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: None. 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 6:25 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by Nancy Tesluk & Fred Mulcaster, 42 Robinson St THE PURPOSE of this By-law is to change the zoning on a 1,011 m² (0.2 acres) parcel of land from a Village Commercial (C1) zone to a Village Residential (R1) zone to permit residential use in Zoning By-law Z456-2003. The subject lands are located on the east side of Robinson Street, south of Waterloo Street known as 42 Robinson Street in the Village of Port Burwell. THE EFFECT of this By-law will be to permit the development of a single-detached dwelling on a vacant parcel of land with access to municipal sewage and water services. 5. PUBLIC PARTICIPATION None. 2 Statutory Planning Minutes May 11, 2020 6. CORRESPONDENCE The Deputy Clerk|Planning Coordinator advised there was one email correspondence received on May 11, 2020 from Bradcranex Inc., owner of a commercial parcel across the street from the subject lands, opposing the zone change to residential stating any commercial property on Robinson Street should remain commercial and the change may negatively affect the sale of his property. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at the meeting scheduled for May 11 , 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Nancy Tesluk & Fred Mulcaster is now complete at 6:29 p.m. Pursuant to the Procedural By-law No. 2018-005, Section 6.15.1 (K) a recorded vote was held on the motion: Member of Council YES NO Councillor C. Valerie Donnell X Councillor Dan Froese X Councillor Susan Chilcott X Deputy Mayor Rainey Weisler X Mayor Ed Ketchabaw X TOTAL 5 0 CARRIED MAYOR CLERK THE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING MINUTES 56169 Heritage Line, Straffordville, ON Monday May 11, 2020 6:35 p.m. Grewal Drain PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: None. 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 6:35 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. PURPOSE OF THE MEETING A. Grewal Municipal Drain Public Notice Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public meeting is to consider the proposed construction of the drainage as outlined in the Grewal Municipal Drain Engineer’s Report #219081 dated April 23, 2020 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-32/20 by Bill Knifton, Chief Building Official, Drainage Superintendent re Grewal Drain CAO/Clerk Paul Shipway stated the Grewal Drain is to satisfy conditions of consents. 5. ENGINEERS REMARKS None. 6. PUBLIC PARTICIPATION None. 2 Drainage Public Meeting Minutes May 11, 2020 7. CORRESPONDENCE None. 8. DISPOSITION Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler 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 #219081 dated April 23, 2020, referred to as the “Grewal Drain” report; AND THAT Provisional By-law #2020-050 be given first and second reading; AND 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; AND THAT a date of June 4, 2020 be set for the first sitting of the Court of Revision. CARRIED 9. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Pursuant to the Drainage Act requirements the Public Meeting is now complete and the Provisional By-law will be considered during the regular meeting. CARRIED MAYOR CLERK The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION CONCERNING THE GREWAL DRAIN IN THE MUNICIPALITY OF BAYHAM NOTICE TO AFFECTED PROPERTY OWNERS Drainage Act R.S.O. 1990, Chapter D.17, Section 46 T AKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Monday, May 11, 2020 adopted Report No. 219081, dated April 23, 2020 as prepared by Spriet Associates in regard to drainage works for the construction of the Grewal Drain serving Parts of Lot 123, Concession N.T.R in the Municipality of Bayham. FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Monday, May 11, 2020 gave first and second reading to Provisional By-law #2020-050, a copy of which is enclosed, to adopt the drainage works included in the aforementioned Report and to authorize the Municipality to borrow, if required, the monies necessary to carry out the works therein and to levy upon the affected lands and roads their respective apportionment of the cost of the works. TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision will be held virtually and livestreamed on YouTube on Thursday, June 4, 2020 at 7:15 p.m., to provide an opportunity for any person or body entitled to receive notice, to appeal their assessment. An owner may appeal the owner’s assessment to the Court of Revision by a notice given to the Clerk of the Municipality not later than 12:00 p.m. (noon) Monday, May 25, 2020 which is ten (10) days prior to the first sitting of the Court of Revision. ADDITIONAL INFORMATION relating to this Notice or the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario N0J 1Y0, Telephone: 519-866-5521, Monday – Friday 8:30 am – 4:30 p.m. To provide virtual public comment please contact the CBO|Drainage Superintendent at 519-866-5521 Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 12th day of May, 2020. Paul Shipway CAO|Clerk PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z709-2020 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: GRAHAM ESTATES INC., 56957 TALBOT LINE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z709-2020 on the 11th day of May 2020 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 1st day of June 2020 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning on 2.6 ha (6.6 acres) of land from Rural Commercial (RC) zone and Agricultural (A1-A) zone to site-specific Rural Industrial (M2-12) zone to permit industrial use in the form of an existing rubber flooring (agricultural and automotive) manufacturing and warehousing business and to permit maximum building floor area of 8,450 m2 (90,955 ft2) for the business in Zoning By-law Z456-2003. The applicant proposes to build a new warehouse building with floor area of 4,065 m2 (43,755 ft2) and in future to replace the 863 m2 (9,289 ft2) processing building with a warehouse and processing building with floor area of 2,129 m2 (22,916 ft2). The subject lands are located at 56957 Talbot Line, south side, west of Green Line. THE EFFECT of this By-law will be to recognize the rubber flooring manufacturing and warehousing business and to permit a maximum floor area for a new warehouse building and future warehouse/processing building to replace the existing processing building. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 12th DAY OF MAY 2020. NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at $300.00 by the Province of Ontario. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z708-2020 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: S & M HERMANN, 57009 and 57237 HERITAGE LINE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z708-2020 on the 11th day of May 2020 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 1st day of June 2020 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning regulations on 0.09 m² (1.0 ft2) of land from Rural Residential (RR) to Special Agricultural (A2); to change the zoning regulations on 1,574 m2 (0.3 acres) of land from Special Agricultural (A2) to Rural Residential (RR); and to change the zoning regulations on 10.9 ha (27 acres) of land from Special Agricultural (A2) to Agricultural (A1- A), in Zoning By-law Z456-2003. The subject lands are located at Lot 129, Concession S.T.R, known municipally as 57237 and 57009 Heritage Line, south side, east of Toll Gate Road. THE EFFECT of this By-law will be to fulfill conditions of consent, Elgin County Land Division applications E83/19, E84/19 and E85/19, for zone change for two lot additions, one for technical severance of “1 foot by 1 foot” from the RR lands to the A2 lands which facilitated a second residential lot addition from the A2 lands to the RR lands, consistent to the addition lands; and severance of the farm parcel to zone a portion of the retained lands consistent to the remainder of the retained lands. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 12th DAY OF MAY 2020. NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at $300.00 by the Province of Ontario. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z710-2020 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: L.P.R.C.A. – D. PROPPER & D. BARRY TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. Z710-2020 on the 11th day of May 2020 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 1st day of June 2020 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning on 7.8 ha (19.3 acres) of land from a Village Commercial (C3), holding Village Commercial (C3(h2)) and Open Space 1 (OS1) zone to a site-specific Tourist Commercial (C3-1) Zone to permit travel trailer park, campground and marina use; to permit a maximum of forty-seven (47) travel trailer sites, twenty (20) seasonal travel trailer sites and twenty-four (24) day use camp sites; to permit partial reduced rear yard setback of 1.0 m (3.2 feet) where 10.0 m (32.8 feet) is the required minimum; to permit zero (0) side yard setback (south) where 4.5 m (14.7 feet) is the required minimum; and, to permit an existing boathouse building located on both the subject lands and the adjacent marina lands, in Zoning By-law Z456-2003. The subject lands are located at 5 Bridge Street, north side, west of Robinson Street. THE EFFECT of this By-law will be to recognize the existing uses of the subject lands and existing non - conforming setbacks (south side yard and rear) and encroaching boathouse building (on the subject lands and adjoining unpatented lands forming part of the marina use) as part of redevelopment/expansion with an additional 47 new permanent, but used seasonally, travel trailer sites and relocating existing semi- permanent seasonal travel trailer park sites and holding tanks outside of the flood zone. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 12th DAY OF MAY 2020. NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at $300.00 by the Province of Ontario. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Village of Port Burwell – Big Otter Marina & Campground PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z711-2020 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICATN: TESLUK AND MULCASTER, 42 ROBINSON STREET TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z711-2020 on the 11th day of May 2020 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 1st day of June 2020 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning on a 1,011 m2 (0.2 acre) parcel of land from Central Business District (C1) to Village Residential (R1) zone to permit residential use in Zoning By-law Z456-2003. The subject lands are located at 42 Robinson Street, east side, north of Wellington Street. THE EFFECT of this By-law will be to permit the development of a single-detached dwelling on a vacant parcel of land with access to municipal sewage and water services. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office during regular office hours.. DATED AT THE MUNICIPALITY OF BAYHAM THIS 12th DAY OF MAY 2020. NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at $300.00 by the Province of Ontario. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Village of Port Burwell PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z707-2020 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: J & M THIESSEN, 55866 FIRST STREET TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. Z707-2020 on the 11th day of May 2020 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 1st day of June 2020 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning on a 994.6 m2 (0.2 acre) parcel of land from a Village Residential (R1) zone to a site-specific Village Residential (R1-14) zone to: permit front yard setback of 1.8 m (6 feet) for the existing dwelling where the permitted minimum is 7.0 m (22.9 feet); to permit accessory building floor area of 120 m2 (1,291 ft2), for the combined floor area of the existing shed and garage, where the permitted maximum is 65 m 2 (700 ft2); to permit twelve per cent (12%) accessory building lot coverage for the two existing accessory buildings where ten per cent (10%) is the permitted maximum; to permit accessory building height of 5.5 m (18 feet) for the existing garage where the permitted maximum is 4.5 m (14.7 feet); to permit side yard setback of 1.0 m (3.2 feet) for the existing shed on the east side where 1.7 m (5.5 feet) is the permitted minimum; and, to permit side yard setback of 1.3 m (4.2 feet) for the existing garage on the west side where 3.0 m (9.8 feet) is the permitted minimum, in Zoning By-law Z456-2003. The subject lands are located at 55866 First Street, north side, east of West Street in the village of Straffordville. THE EFFECT of this By-law will be to fulfill conditions of Consent E90/19 to rezone the retained lands to recognize reduced front yard setback for the existing dwelling, to recognize oversized existing accessory building(s) (combined floor area, height and lot coverage) and reduced setbacks for the existing accessory buildings. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeal Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeal Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 12th DAY OF MAY 2020. NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at $300.00 by the Province of Ontario. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Village of Straffordville Staff Report DS-42/20 Cash-in-Lieu Parkland parkland dedication. Where Council deems lands to be unsuitable for parks, sections 42 and 51 of the Planning Act allow municipalities to accept Cash-In-Lieu of parkland dedication (CIL), equal to the value of the land that would otherwise be conveyed. For the creation of a residential lot, staff is recommending a fixed rate of $2000 cash-in-lieu of parkland per each created residential lot. Plans of Subdivision will have to be considered specifically upon application to determine whether parkland dedication or cash-in-lieu of parkland is most appropriate. Staff provide a draft by-law for Council's consideration as attached that will implement the Bayham Official Plan Cash-in-lieu of Parkland and Parkland Dedication policies. ATTACHMENTS: 1.Draft By-law 2020-053 RECOMMENDATION THAT Report DS-42/20 regarding the Cash-in-Lieu of Parkland Dedication be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to 3 br ing forward a By-law for Council consideration that will require the Conveyance of Land for a Park or other Public Recreational purposes and/or Cash-in-Lieu of Parkland Dedication as a condition of development or redevelopment. Respectfully Submitted by: �✓� Margartnderhill Deputy ClerkjPlanning Coordinator Reviewed by: Paul Shipway CAO I Clerk Staff Report D5-43/20 Cash in Lieu Parking the Planning Act. The monies received from cash in lieu payments shall be used to purchase public parking elsewhere in the Municipality or for any other public parking purpose. Council may consider acceptance of cash-in-lieu of vehicular parking under the following circumstances: a)Where the required provision of on-site parking is restricted or limited due to the available lot area, the shape, physical limitations of the land or the location of parking for the intended use; b)Where the required provision of on-site parking would render the remainder of the site unsuitable or impractical for development; and c)Where it is preferable and in the public interest to have consolidated publically accessible parking located elsewhere in the Municipality. DISCUSSION The Official Plan Review added policies for cash-in-lieu of parking -implementing policies for monetary payments instead of parking requirements where the provision of on-site parking is restricted or limited. Payments are directed to a special municipal account to provide public parking elsewhere or for other public parking purposes. 2 Staff have prepared a by-law for consideration of the Official Plan cash-in-lieu of parking policies for Council's consideration. ATTACHMENTS: 1.Draft By-law 2020-054 RECOMMENDATION THAT Report DS-43/20 regarding the Cash-in-Lieu of Parking be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward for Council consideration a By-law to consider exemption by Cash-in-Lieu of the provision of Parking requirements in Zoning By-law 2456-2003 as a condition of development or redevelopment. Respectfully Submitted by: �a2 MargareUnderhW Deputy ClerklPlanning Coordinator Reviewed by: Paul Shipway CAO I Clerk Staff Report DS-44/20 Pre-Consultation 2 DISCUSSION include but are not limited to: •Land use planning and design; •Environmental and natural heritage; •Natural hazards; ■ Transportation; ■ Municipal servicing and infrastructure; ■ Cultural heritage; ■ Other land use planning matters arising through the pre application consultation that are of public health and safety; ■ Land use justification report; ■ Agricultural impact assessment; and/or, ■ Archaeological assessment. These studies will address how the land use planning application fulfills the requirements of the Provincial Policy Statement 2014 and its updates and revisions; the County of Elgin Official Plan; the Bayham Official Plan; the policies and regulations of any public agency or body having an interest in the application. Pre-consultation with staff is always required for plans of subdivision and in some cases, depending on their complexity and need, official plan amendments and site plan control applications as well. The purpose of the meeting is to identify requirements related to relevant reports or background studies and is typically attended by the applicant(s), municipal staff, interested public agencies, municipal Consulting Planner and the County Planner. The Planning Coordinator or designate conducts an initial review of the proposal to determine the need for a pre-consultation meeting. The Pre-Consultation By-law and amendment to the Rates & Fees By-law implements a fee of $500 to off-set staff and consulting costs. There have been and will be future instances when the pre-consultation meeting is the only step taken and a formal application will not follow. ATTACHMENTS 1.Draft By-law 2020-055 RECOMMENDATION THAT Report DS-44/20 regarding the Pre-Consultation By-law be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a Pre-Consultation By-law for Council consideration. Respectfully Subrpilt2-��«2 / Margarl.Jnderhitt Deputy ClerklPlanning Coordinator Reviewed by: Paul Shipway CAO I Clerk The Corporation of the Town of Grimsby Administration Office of the Town Clerk 160 Livingston Avenue, P.O. Box 159, Grimsby, ON L3M 4G3 Phone: 905-945-9634 Ext. 2015 | Fax: 905-945-5010 Email: skim@grimsby.ca May 6, 2020 SENT VIA EMAIL The Honourable Justin Trudeau Prime Minister of Canada 80 Wellington Street Ottawa, ON K1A 0A2 The Honourable William Francis Morneau Minister of Finance 90 Elgin Street Ottawa, ON K1A 0G5 The Honourable Doug Ford Premier of Ontario Legislative Building Queen’s Park Toronto, ON M7A 1A1 Dear Prime Minister Trudeau, Minister of Finance Morneau and Primer Ford: Re: Support for Commercial Rent Assistance Program At its meeting of May 4, 2020, the Town of Grimsby Council passed the following resolution: Moved by Councillor Ritchie; Seconded by Councillor Vaine; Whereas these are unprecedented times that have not been seen in generations; and, Whereas on April 16, 2020 the Canadian Federal Government announced a new program called the Canada Emergency Commercial Rent Assistance; and, Whereas this program is to be developed in unison with the Provincial and Territorial counterparts; and, The Corporation of the Town of Grimsby Administration Office of the Town Clerk 160 Livingston Avenue, P.O. Box 159, Grimsby, ON L3M 4G3 Phone: 905-945-9634 Ext. 2015 | Fax: 905-945-5010 Email: skim@grimsby.ca Whereas this program is to provide relief to small business (in Grimsby and throughout Canada) with their rent for the months of April, May, and June; and, Whereas many Provincial programs have been announced to date but have generally aimed at the residential, rather then the commercial, rent markets; and, Whereas many small businesses in the Town of Grimsby have been affected financially due to COVID-19, thus making rent payments difficult; Therefore be it resolved that the Town of Grimsby endorse this program whole heartedly, and request the Federal Government of Canada to work with its Provincial and Territorial Partners to expedite this program and offer this program as soon as possible; and, Be it further resolved that the Town of Grimsby ask the Federal Government, and Provincial and Territorial Partners look at the possibility of extending this program if the impacts of COVID-19 continue past the month of June; and, Be it further resolved that the Town of Grimsby ask the Federal Government and its Provincial, and Territorial Partners to make this program 100 percent forgiving to the small businesses effected; and, Be it further resolved that this motion be distributed to the Right Honourable Prime Minister of Canada, the Honourable Minister of Finance, the Honourable Premier of Ontario, and all municipalities in Ontario Regards, Sarah Kim Town Clerk SK/dk Cc: Ontario Municipalities The Corporation of the Town of Grimsby Administration Office of the Town Clerk 160 Livingston Avenue, P.O. Box 159, Grimsby, ON L3M 4G3 Phone: 905-945-9634 Ext. 2015 | Fax: 905-945-5010 Email: skim@grimsby.ca FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Annual General Meeting Minutes of February 28, 2020 Approved May 6, 2020 Members in attendance: Dave Beres, Robert Chambers, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Stewart Patterson, John Scholten and Peter Ypma Staff in attendance: J. Maxwell, A. LeDuc, L. Minshall and D. McLachlan Regrets: Kristal Chopp and Tom Masschaele Special Guests: Jeff Helsdon, Rich Cerna, Elizabeth Van Hoorn, Ed Ketchabaw, Alan Dale, Larry Martin and David Mayberry *Ken Hewitt arrived at 1:55pm WELCOME/CALL TO ORDER Chair, Michael Columbus, introduced himself and welcomed everyone to the Long Point Region Conservation Authority’s 2020 Annual General Meeting. The meeting was called to order at 1:30 pm Friday, February 28, 2020 in the Tillsonburg Administration Office Boardroom. DECLARATION OF CONFLICTS OF INTEREST None ADDITIONAL AGENDA ITEMS None MINUTES OF PREVIOUS MEETINGS A-32/20 moved: R. Chambers seconded: P. Ypma THAT the minutes of the Board of Directors Meeting held February 5, 2020 be adopted as circulated. Carried INTRODUCTION OF THE BOARD OF DIRECTORS The Board members were asked to rise as their names were called. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 2 - CHAIR’S REMARKS Chair Columbus thanked the municipal partners for their financial support and noted a number of milestones in 2020 including the closing of the lease-to-own agreement with Port Burwell Marina, the hydro and water upgrades occurring at the campground areas and the three current floodplain mapping projects currently underway. The Chair thanked staff, volunteers, the Vice-Chair and Members for the hard work in 2019 and continued success in 2020. INTRODUCTION AND GREETINGS FROM SPECIAL GUESTS The Chair introduced Jeff Helsdon, Constituency Assistant to Toby Barrett, MPP Haldimand-Norfolk; Rick Cerna, Chair, Catfish Creek Conservation Authority; Elizabeth Van Hooren, General Manager, Kettle Creek Conservation Authority; Ed Ketchabaw, Mayor, Municipality of Bayham; Alan Dale, Vice-Chair, Upper Thames Region Conservation Authority; Larry Martin, Mayor, Township of Norwich and Warden, Oxford County; and Dave Beres, Deputy Mayor, Town of Tillsonburg. AUDIT AND FINANCE COMMITTEE The Chair called upon Dave Beres, Chair of the Audit and Finance Committee to present the committee report. After introducing Ashley Didone, Audit Partner of MNP, Chair Beres stated that the Audit and Finance Committee met February 19, 2020 and received and reviewed the financial statements in detail. MNP issued a clean opinion of the Authority’s 2019 financial reports and found that the financial statements fairly presented the Authority’s position. A–33/20 Moved: V. Donnell seconded: J. Scholten THAT the minutes of the LPRCA Audit and Finance Committee’s meeting held February 19, 2020 be adopted as circulated. Carried A–34/20 Moved: J. Scholten seconded: V. Donnell THAT the LPRCA Board of Directors approves the financial statements for the year ended December 31st, 2019 prepared by MNP, LLP, Chartered Accountants. Carried FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 3 - A–35/20 Moved: V. Donnell seconded: J. Scholten THAT the LPRCA Board of Directors approves the appointment of MNP, LLP Chartered Accountants as LPRCA’s auditors for the 2020 fiscal period. Carried 2019 COMMITTEE REPORTS a) 2019 ANNUAL REPORT The GM presented the 2019 annual report and highlighted the many projects, events and achievements of LPRCA over the past year. Shoreline and riverine mapping data were updated, over 80,000 trees were planted, 14 wetland restoration projects were completed, and staff worked with the watershed municipal emergency management partners through 12 flood events. The GM thanked staff, the board, municipal partners, and the various community partners for their participation and efforts in helping LPRCA improve the environment for those living within the LPRCA watershed. b) BACKUS MUSEUM COMMITTEE Chair Betty Chanyi introduced and thanked the Backus Museum Committee for their work and provided a few highlights of the past year including the new Vic Gibbons Gallery and the “At Home at Backus” exhibit about the Backus family immigrating to Canada. The Summer Theatre – Pirates of Long Point event was well attended and the 2-day War of 1812 is always a visitor-favourite event. The Chair made note of the events of 2020 including the new Summer Theatre – The Witches of Long Point and the return of the Masquerade Ball. Chair Chanyi thanked the staff and board for their support of the museum and heritage program and invited everyone to attend the many events this summer. c) LEE BROWN MARSH MANAGEMENT COMMITTEE Chair Tom Haskett reviewed the activities conducted at the Lee Brown Waterfowl Management Area and of the Lee Brown Marsh Management Committee. The committee is very proud to have taken the lead in managing the invasive plant phragmites that is damaging Ontario’s wetlands and beaches and continues to support the Long Point Phragmites Action Alliance. The controlled waterfowl hunting program went very well and was fully booked in 2019. The winner of the Leighton and Betty Brown Scholarship, Zach Peck, was introduced and congratulated for obtaining summer employment in Manitoba with Delta Waterfowl this summer. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 4 - Chair Haskett thanked the committee, the board and staff with special mention to Kim Brown, Lee Brown Marsh Manager. A-36/20 moved: P. Ypma seconded: R. Chambers THAT the LPRCA Board of Directors receives the 2019 Annual Report, the Backus Museum Committee and the Lee Brown Marsh Management Committee reports as information. Carried DEVELOPMENT APPLICATIONS a) New application The Planning Department recommended the approval of one application. A-37/20 moved: P. Ypma seconded: V. Donnell THAT the LPRCA Board of Directors approves the following Development Application contained within the background section of this report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-28/20 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. Carried NEW BUSINESS a) VEHICLE TENDERS As per the approved 2020 budget, one new ½ ton 2WD pick-up truck and one new ½ ton 4x4 pick-up were tendered to replace two fleet trucks. Tender documents were forwarded to ten dealers. Of the five bids received for the 2WD truck, and the 4 bids received for the 4x4 truck, staff recommended the lowest bidders for both tenders. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 5 - A-38/20 moved: V. Donnell seconded: P. Ypma That the LPRCA Board of Directors accepts the tenders submitted by De-Groote Hill for one new 2020 Chevy Silverado 4x2 for $32,418 and Stauffer Motors for one new 2020 Ford F-150 4x4 for $34,928. Carried b) NOTICE OF FORMAL MOTIONS A–39/20 moved: R. Chambers seconded: P. Ypma That the LPRCA Board of Directors authorizes the Chair or Vice-Chair and the General Manager or Manager of Corporate Services to borrow funds as required for the day-to- day operations of the Authority. Carried A–40/20 moved: R. Geysens seconded: D. Beres That the LPRCA Board of Directors approves the Chair, Vice-Chair, General Manager and Manager of Corporate Services as designated signing officers for Authority business for the year 2020. Carried A–41/20 moved: D. Beres seconded: R. Geysens That the LPRCA Board of Directors authorizes all members appointed to the Lee Brown Committee from the Community at Large be deemed to be Authority members for the purpose of receiving remuneration for their services on the same basis as regular members of the Authority for 2020. Carried A–42/20 moved: R. Chambers seconded: R. Geysens FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 6 - That the LPRCA Board of Directors designates the Authority Chair as the Authority’s representative to Conservation Ontario (CO), with the Vice-Chair designated as alternate, and further that the General Manager be directed to participate on appropriate committees of CO, and be authorized to vote in the absence of the designated representatives. Carried SERVICE AWARD PRESENTATIONS The following board member and staff were recognized for reaching service milestones with LPRCA this past year. John Scholten, Director 5 years Lorrie Minshall, Manager of Watershed Services 5 years Sean Chechalk, Workshop/General Labourer 5 years Judy Maxwell, General Manager 10 years Ben Hodi, Water Resources Analyst and Regulations Officer 10 years Craig Jacques, Water Resources Specialist 10 years Darell Rohrer, Workshop/General Labourer 10 years Kim Brown, Lee Brown Marsh Manager 30 years STEWARDSHIP AWARD PRESENTATION LPRCA encourages everyone to help enhance and protect the watershed and supports private land stewardship. The Conservation Stewardship award was created to recognize those individuals who have acted to enhance and protect the watershed as well as their own properties. The third annual LPRCA Conservation Stewardship Award, presented by Vice-Chair John Scholten, was awarded to Stephen and Katie Hotchkiss for their commitment to positive environmental actions contributing to a more sustainable and healthier watershed. The Hotchkisses have partnered with LPRCA and the Alternative Land Use Services (ALUS) Elgin to establish more than 40 acres of habitat; they have created four wetlands, 20 acres of forest, and more than 16 acres of pollinator habitat. They regularly share their time and insight with others in the community and have participated in events such as the ALUS Elgin Pollinator Awareness Workshop, ALUS Elgin Planting Days, ALUS Seed Sourcing Workshop and ALUS Elgin Annual Environmental Stewardship Tour. Mr. and Mrs. Hotchkiss felt honoured to receive this award and to be part of the community as the Carolinian Zone is very unique and important to them. They also felt the need to set an example for other businesses and showcase that it is possible to provide an environmentally beneficial pathway towards a sustainable and economically positive business model. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 7 - KEYNOTE PRESENTATION Dr. Frank Seglenieks, Water Resources Engineer, National Hydrological Service of Canada within Environment and Climate Change Canada was introduced by Chair Columbus. Dr. Seglenieks works out of Burlington, Ontario, pursuing his research interests in hydrological modelling and historical water level data of the Great Lakes. He was also the coordinator of the University of Waterloo Weather Station, a role he continues now on a volunteer basis Lake Erie Water Levels: Where are they now and where are they going in the future, a look into the status of the lake whose shore we call home. In his presentation, Dr. Seglenieks pointed out the various factors required to keep the lake level in balance; the inflows versus the outflows. There is no actual control of inflows and outflows on Lake Erie, and the persistent wet weather conditions across the Great Lakes basin has been the major contributing factor to the continuous high Lake Erie water levels since 2017. The future of Lake Erie water level depends primarily on the amount of water going into the system. Outflows from all the Great Lakes are at or near record highs and are predicted to remain so for several months. Based on his modelling and research, Dr. Seglenieks said the great lakes have tended to lock into patterns that last between 10 to 15 years of either very low water levels or very high waters levels. We are currently at three years of record highs but it cannot be assumed that the record highs will continue for the next several years. For instance, if there are average weather conditions for the next several months, the models predict that the Lake Erie water level will reach record highs in the next couple of months but the summer months would be lower than 2019. In conclusion, Dr. Seglenieks said that regulation has a limited role. Nature will do what it wants and we have to adapt through resilient measures for both flooding and drought. The Chair thanked Dr. Seglenieks for his presentation and then adjourned the meeting at 3:05pm. Michael Columbus Dana McLachlan Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Special Meeting Via Teleconference Minutes of April 22, 2020 Approved May 6, 2020 Members in attendance: Dave Beres, Kristal Chopp*, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson and John Scholten Staff in attendance: J. Maxwell, A. LeDuc and D. McLachlan Regrets: Robert Chambers and Peter Ypma *K. Chopp joined the meeting at 2:05pm The meeting was called to order at 2:00 pm Wednesday, April 22, 2020 via conference call. DECLARATION OF CONFLICTS OF INTEREST None NEW BUSINESS a) LPRCA ADMINISTRATIVE BY-LAW AMENDMENT The purpose of the amendment is to permit electronic meetings during any period where an emergency has been declared. Jeff Yurek, Minister of the Environment, Conservation and Parks, forwarded a directive to the 36 Conservation Authorities on March 26 outlining the necessary steps required to enable the electronic meetings. The regular Board of Directors meeting on May 6, 2020 at 6:30 pm will be held via Zoom. MOTION A-43/20 moved: D. Beres seconded: V. Donnell THAT the LPRCA Board of Directors repeals the LPRCA Administrative By-Law (Resolution A-50/19) adopted April 3, 2019; And THAT the LPRCA Board of Directors adopts the LPRCA Administrative By-Law as presented. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 2 - Board Member Chopp expressed that during times like this it is even more important that all organizations work together to ensure economic recovery. The Chair asked for a brief update on operations and measures taken during this pandemic. Staff noted that there has been a review of operations and there has been mitigating steps taken and a financial update for the 1st quarter will be presented at the May board meeting with a projection. The Chair adjourned the meeting at 2:20 pm. Michael Columbus Dana McLachlan Chair Administrative Assistant Page 1 April 28, 2020 ELGIN COUNTY COUNCIL MINUTES April 28, 2020 Council Present: Warden Dave Mennill (electronic) Deputy Warden Duncan McPhail (electronic) Councillor Bob Purcell (electronic) Councillor Sally Martyn (electronic), Councillor Martyn joined the meeting at 9:22 a.m. Councillor Tom Marks (electronic) Councillor Mary French (electronic) Councillor Grant Jones (electronic) Councillor Dominique Giguère (electronic) Councillor Ed Ketchabaw (electronic) Staff Present: Julie Gonyou, Chief Administrative Officer (in-person) Jim Bundschuh, Director of Financial Services (electronic) Brian Lima, Director of Engineering Services (electronic) Brian Masschaele, Director of Community and Cultural Services (electronic) Steve Evans, Manager of Planning (electronic) Steve Gibson, County Solicitor (in-person) Alan Smith, General Manager of Economic Development (electronic) Natalie Marlowe, Library Coordinator (electronic) Carolyn Krahn, Legislative Services Coordinator (in-person) 1. CALL TO ORDER Elgin County Council met this 28th day of April, 2020 in the Administrative Boardroom, at the County Administration Building, St. Thomas at 9:07 a.m. with Warden Mennill in the chair. The Councillors and some staff participated electronically by video conference. 2. ADOPTION OF MINUTES Moved by: Councillor Purcell Seconded by: Councillor Marks Resolved that the minutes of the meeting held on April 14, 2020 be adopted. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. COMMITTEE OF THE WHOLE Moved by: Councillor French Seconded by: Councillor Giguѐre Resolved that we do now move into Committee of the Whole Council. Page 2 April 28, 2020 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 5. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 5.1 Warden’s COVID-19 Update – Warden The Warden provided an update on the COVID-19 situation in Elgin County, and he acknowledged the tremendous work that is underway in Elgin’s three (3) Long-Term Care Homes. He also highlighted the work of the Economic Development Department in reaching out to businesses to gather data on the economic impact of the crisis. Moved by: Councillor Marks Seconded by: Councillor Jones Resolved that the April 22, 2020 report from Warden Dave Mennill, entitled “Warden’s COVID-19 Update” be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 5.2 COVID-19 Business Development Fund – General Manager of Economic Development The General Manager of Economic Development presented a report regarding a grant program which has been developed to help local business owners meet the challenges of the COVID-19 situation. The St. Thomas Economic Development Corporation and the County’s Economic Development Department have assisted the Elgin St. Thomas Small Business Enterprise Centre (SBEC) in developing this grant program. Moved by: Councillor McPhail Seconded by: Councillor Giguѐre Resolved that the April 20, 2020, report titled, “COVID-19 Business Development Fund,” submitted by the General Manager of Economic Development, be received and filed for information; and that $15,000 be transferred from the Economic Development Department’s 2020 operating budget to the Elgin-St. Thomas Small Page 3 April 28, 2020 Business Enterprise Centre to be included as the County’s financial contribution to the COVID-19 Business Development Fund, as described in the April 20, 2020, report submitted by the General Manager of Economic Development. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 5.3 Job Site Challenge: An Update – General Manager of Economic Development The General Manager of Economic Development provided an update on the Province of Ontario’s Job Site Challenge. The Ford Motor Company submitted an application that met the original deadline of March 31, and another landowner is currently showing interest in applying to the Challenge. The Province has indicated that submissions received after the original deadline will be accepted, due to the COVID-19 pandemic. Moved by: Councillor Purcell Seconded by: Councillor Martyn Resolved that the April 20, 2020, report titled, “Job Site Challenge: An Update,” submitted by the General Manager of Economic Development, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 5.4 2019 Annual Library Performance Measurements – Library Coordinator The Library Coordinator presented Elgin County Library’s 2019 annual usage trends within the context of a five-year analysis from 2015 to 2019, both for the system as a whole and for the ten (10) branches. Moved by: Councillor Marks Seconded by: Councillor Giguѐre Resolved that the report titled “2019 Annual Library Performance Measurements” from the Library Coordinator dated April 28, 2020 be received and filed; and, that a copy of this report be submitted to all municipalities in the County of Elgin. Page 4 April 28, 2020 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 5.5 Contract Award of Two Tenders – Hot Mix Asphalt Paving and Microsurfacing/Surface Treatment – Director of Engineering Services The Director of Engineering Services presented a report regarding the contract award of two (2) tenders. Walmsley Bros. submitted the lowest compliant bid for the Hot Mix Asphalt Paving tender, and Duncor Enterprises Inc. submitted the lowest compliant bid for the Microsurfacing and Surface Treatment tender. The low tenders submitted are within the approved budget amounts and no capital surplus is anticipated at this time. Moved by: Councillor Martyn Seconded by: Councillor Jones Resolved that Walmsley Bros. Ltd. be selected for the Hot Mix Asphalt Paving Project, Tender No. 2020-T15 at a total price of $2,974,838.00, inclusive of a contingency allowance exclusive of H.S.T.; and, that Duncor Enterprises Inc. be selected for the Microsurfacing and Surface Treatment Project, Tender No. 2020- T16 at a total price of $691,820.00, inclusive of a contingency allowance and exclusive of H.S.T.; and, that the Warden and Chief Administrative Officer be authorized to sign the contracts. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 5.6 Engineering Services for Wonderland Road / Highway 3 Environmental Assessment Study and Preliminary Design Services – Director of Engineering Services The Director of Engineering Services presented a report regarding the Request for Proposal 2019-33 for Engineering Services to address the long-term transportation needs in the vicinity of Highway 3 and Ron McNeil Line to provide an improved connection to Wonderland Road, within the Township of Southwold. Moved by: Councillor Jones Seconded by: Councillor Purcell Page 5 April 28, 2020 Resolved that the provision of engineering services associated with the Engineering Services for Wonderland Road / Highway 3 Environmental Assessment Study and Preliminary Design Services, Request for Proposal 2019-33 submission received from GHD Limited in the amount of $250,805.00 (excluding HST) be awarded; and, that approval be conditional upon receipt of confirmation from the Ministry of Transportation that they concur with the selection of the Consultant; and, that the Warden and Chief Administrative Officer be authorized to sign the supporting engineering service agreement. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 5.7 COVID-19 Cash Flow Analysis – Director of Financial Services The Director of Financial Services presented a report on the anticipated financial performance and cash flow for 2020. As experience is gained in this new situation, refinements will be made to the forecast model. This iterative process will improve the financial preparedness of the County, and it will ensure that Council is well situated to address any challenges. Moved by: Councillor Ketchabaw Seconded by: Councillor French Resolved that the report titled “COVID-19 Cash Flow Analysis” dated April 22, 2020 be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 5.8 March 2020 Year-To-Date (YTD) Budget Performance – Director of Financial Services The Director of Financial Services presented a report on the March YTD budget comparison for the County. The comparison shows a favourable performance of $207,000 for the first quarter of the year, partially explained by the Homes COVID funding received. It is anticipated that this favourable performance will be offset during the year as the COVID associated costs are incurred. Page 6 April 28, 2020 Moved by: Councillor Martyn Seconded by: Councillor McPhail Resolved that the report titled “March 2020 Year-To-Date (YTD) Budget Performance” dated April 22, 2020 be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 5.9 Increase in Billing Rate – County Prosecutor – Chief Administrative Officer The Chief Administrative Officer presented a report regarding the billing rate of the County Prosecutor. Moved by: Councillor Marks Seconded by: Councillor Ketchabaw Resolved that Elgin County Council authorize an increase in the Billing Rate for the County Prosecutor to $140.00 per hour; and that the Chief Administrative Officer be directed to send notification of this increase to the City of St. Thomas and Elgin’s Local Municipal Partners. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 5.10 Service Delivery Review Progress Report No. 2 – Legislative Services Coordinator The Legislative Services Coordinator presented a progress report on the County’s Service Delivery Review. The timeline originally established for the SDR has been impacted by the COVID-19 pandemic. County staff and StrategyCorp Inc. hold weekly strategy meetings, and adjustments to the project schedule are made weekly to ensure the Service Delivery Review continues. Moved by: Councillor Purcell Seconded by: Councillor Jones Page 7 April 28, 2020 Resolved that the report titled “Service Delivery Review Progress Report No. 2” from the Legislative Services Coordinator dated April 22, 2020 be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6. COUNCIL CORRESPONDENCE 6.1 Items for Consideration None. 6.2 Items for Information (Consent Agenda) 6.2.1 The Ministry of Natural Resources and Forestry with a letter announcing the release of “Protecting People and Property: Ontario’s Flooding Strategy,” a strategy introducing a series of action that will help Ontario prepare for, respond to, and recover from significant flood events. 6.2.2 Cynthia St. John, Chief Executive Officer of Southwestern Public Health, with a letter regarding Southwestern Public Health’s audited Financial Statements for the period ending December 31, 2019. 6.2.3 Elgin County with a poster announcing the 2020 International Plowing Match Scholarship. 6.2.4 Elgin County OPP with their 2019 Year End Report. 6.2.5 Western Ontario Wardens Caucus with a letter and survey regarding the Impacts of COVID-19 Pandemic on Businesses in Western Ontario. Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw Resolved that Correspondence Items #1-5 be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Page 8 April 28, 2020 7. OTHER BUSINESS 7.1 Statements/Inquiries by Members None. 7.2 Notice of Motion None. 7.3 Matters of Urgency 7.3.1 The Chief Administrative Officer requested that an item be added to the Closed Meeting Agenda – Municipal Act Section 239 (2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board – 1342961 Ontario Inc. Lease 8. CLOSED MEETING ITEMS Moved by: Councillor Giguѐre Seconded by: Councillor Jones Resolved that we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters, as amended, under Municipal Act Section 239 (2): In-Camera Item #1 (c) a proposed or pending acquisition or disposition of land by the municipality or local board – 1342961 Ontario Inc. Lease In-Camera Item #2 (a) the security of the property of the municipality or local board – Mervin Riddell Lease In-Camera Item #3 (k) a position, plan, procedure, criteria, or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board – Medavie EMS Contract In-Camera Item #4 (k) a position, plan, procedure, criteria, or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board – Integrity Commissioner and Closed Meeting Investigator Agreement In-Camera Item #5 (k) a position, plan, procedure, criteria, or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board – Southwestern Integrated Fibre Technology Funding In-Camera Item #6 (b) personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations (VERBAL) Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Page 9 April 28, 2020 Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 9. RECESS Council recessed at 10:14 a.m. and reconvened at 10:20 a.m. 10. MOTION TO RISE AND REPORT Moved by: Councillor Giguѐre Seconded by: Councillor Martyn Resolved that we do now rise and report. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. In-Camera Item #1 – 1342961 Ontario Inc. Lease Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw Resolved that the Elgin County Council approve a 2-year lease between the Corporation of the County of Elgin and 1342961 Ontario Inc. for Suite 314 located at 450 Sunset Drive, St. Thomas for the term commencing May 1, 2020 and ending April 30, 2022. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Page 10 April 28, 2020 In-Camera Item #2 – Mervin Riddell Lease Moved by: Councillor Giguѐre Seconded by: Councillor Marks Resolved that Council approve a proposed Lease Amending Agreement between the Corporation of the County of Elgin, as Landlord, and Mervin Riddell, as Tenant, and for the Term commencing May 1, 2020 and ending April 30, 2021, and; that Council authorize the Warden and Chief Administrative Officer to execute the said Lease Amending Agreement on behalf of the Corporation of the County of Elgin. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. In-Camera Item #3 – Medavie EMS Contract Moved by: Councillor Ketchabaw Seconded by: Councillor Martyn Resolved that staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. In-Camera Item #4 – Integrity Commissioner and Closed Meeting Investigator Agreement Moved by: Councillor Purcell Seconded by: Councillor McPhail Resolved that staff be directed to send a letter to Elgin County’s partner municipalities and the County of Middlesex formally inviting them to participate in the joint renewal of the contract for Integrity Commissioner and Closed Meeting Investigator, with Independent Resolutions Inc. commencing January 1, 2021 and ending December 31, 2022. Page 11 April 28, 2020 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. In-Camera Item #5 – Southwestern Integrated Fibre Technology Funding Moved by: Councillor Jones Seconded by: Councillor Giguѐre Resolved that staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. In-Camera Item #6 – Verbal Report Moved by: Councillor Marks Seconded by: Councillor Martyn Resolved that the verbal report from the Chief Administrative Officer be received. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Page 12 April 28, 2020 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor French Seconded by: Councillor Ketchabaw Resolved that we do now adopt recommendations of the Committee Of The Whole. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By-law 20-22 – Confirming all Actions and Proceedings BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the April 28, 2020 Meeting. Moved by: Councillor Martyn Seconded by: Councillor Jones Resolved that By-Law No. 20-22 be now read a first, second and third time and finally passed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 13. ADJOURNMENT Moved by: Councillor Purcell Seconded by: Councillor Marks Resolved that we do now adjourn at 11:12 a.m. to meet again on May 12, 2020 at 9:00 a.m. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Page 13 April 28, 2020 Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguѐre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Julie Gonyou, Chief Administrative Officer. Dave Mennill, Warden. Township of orth Frontenac 6648 Road 506 Plevna, Ontario KOH 2M0 Tel: (613) 479-2231 or 1-800-234-3953, Fax: (613) 479-2352 www. n orthfrontenac.ca May 13, 2020 Honourable Doug Ford Premier of Ontario Room 281 Legislative Building — Queen's Park Toronto ON M7A 1A1 Dear Premier Ford, Via Email: douq.fordco pc.ola.orq Re: Framework for Reopening our Province - Residential Construction in Rural Areas Please be advised the Council of the Township of North Frontenac passed the following Resolution at the May 8, 2020 Meeting: Moved by Councillor Hermer, Seconded by Councillor Perry #191-20 Whereas on March 17, 2020 the government of Ontario announced that it was declaring a state of emergency under s 7.0.1 (1) of the Emergency Management and Civil Protection Act so that the Province could use every power possible to protect the health and safety of all individuals and families during the COVID-19 pandemic; And Whereas on Friday, April 3, 2020, the government of Ontario gave notice of changes to Ontario Regulation 82/20 being the Order for the temporary closure of places of non-essential business made under subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act, which reduced the list of essential businesses permitted to continue operation during the provincial state of emergency; And Whereas Section 30 of the new Schedule 2 of Ontario Regulation 82/20 has been generally interpreted to prohibit residential construction where a building permit had not been issued prior to April 4, 2020; And Whereas residential construction represents a significant number of jobs in rural Ontario and forms an integral part of the rural Ontario economy through considerable direct, indirect and induced impacts; And Whereas on Monday, April 27, 2020 the government of Ontario released A Framework for Reopening our Province, which outlines the criteria Ontario's Chief Medical Officer of Health and health experts will use to advise the government on the loosening of emergency measures, as well as guiding principles for the safe, gradual reopening of businesses, services and public spaces; And Whereas Stage 1 of the Framework will consider the opening of workplaces that can immediately meet or modify operations to meet public health guidance and occupational health and safety requirements; And Whereas residential construction in rural areas is characterized by single-family dwelling types situated on large lots, which are attended by a very limited number of tradespersons and contractors at any given time, and are being constructed for specific clientele with planned occupancy dates; Now Therefore Be It Resolved That the Council of the Township of North Frontenac requests that the government of Ontario consider lifting the prohibition on residential construction where no building permit had been issued prior to April 4, 2020, in all instances where such construction can take place in accordance with the principles outlined in the government's Framework for Reopening our Province at its earliest opportunity in order to alleviate the economic hardships being experienced by rural Ontario's construction sector and the residents and families which it serves; And That this Resolution be forwarded to the Office of the Honourable Doug Ford, Premiere of Ontario and the Honourable Steve Clark, Minister of Municipal Affairs and Housing; And Further That a copy of this Resolution be sent to the Association of Municipalities of Ontario (AMO), the Eastern Ontario Warden's Caucus (EOWC), and to all rural Ontario municipalities, requesting their support. If you have any questions or concerns, please do not hesitate to contact me. Yours truly, Tara Mieske Clerk/Planning Manager TM/bd c.c. Steve Clark, Minister of Municipal Affairs and Housing Association of Municipalities of Ontario (AMO) Eastern Ontario Wardens Caucus (EOWC) Rural Ontario Municipalities County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Canada Phone: 519-631-1460 www.elgin-county.on.ca May 12, 2020 To Municipal Partners: Re: Contract Extension for Integrity Commissioner/Closed Meeting Investigator/Ombudsman On April 28, 2020, County Council approved the extension of the current contract with Independent Resolutions Inc. as Integrity Commissioner/Closed Meeting Investigator/Ombudsman for the County of Elgin effective January 1, 2021 until December 31, 2022. Independent Resolutions Inc. is willing to roll over the existing terms and conditions with no change in fees for another two (2) years if agreed to by Elgin County, Middlesex County and Elgin’s participating municipalities. W e ask that you would advise in writing of your Council’s position on the contract extension with Independent Resolutions Inc. as Integrity Commissioner/Closed Meeting Investigator/ Ombudsman. Included in this package is the previous agreement and by-law. We will send out a revised agreement and by-law once we have confirmation of which municipalities will be participating in the extension. If you need anything further, please do not hesitate to contact me. Yours truly, Julie Gonyou, Chief Administrative Officer Enclosure REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk Lorne James, Treasurer DATE: May 21, 2020 REPORT: CAO-22/20 SUBJECT: COVID-19 PANDEMIC BACKGROUND On March 17, 2020, a Provincial Emergency was declared pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act, in the whole of the Province of Ontario. On March 21, 2020 at 11:00 am, the Elgin County Warden, along with Mayors from the City of St. Thomas, Municipality of Bayham, Municipality of Central Elgin, Township of Southwold, Municipality of Dutton Dunwich and the Township of Malahide each declared a local State of Emergency as a result of the COVID-19 pandemic developments and to draw attention to Public Health recommendations. The Municipality of Bayham declaration of emergency implemented the Municipality of Bayham Emergency Management Program as authorized by By-law No. 2017-118 and approved annually by the Province. The Municipality of Bayham Emergency Control Group consists of the following representatives: •Mayor •CAO|Clerk (Alternate CEMC) •CEMC|Fire Chief •Road Operations Supervisor •Manager of Capital Projects|Water/Wastewater •Deputy Clerk The purposes of the Emergency Control Group is to address the ongoing, or potentially expanding threat to the broader community, including health, safety and well-being of persons; property and infrastructure; essential services; the environment; local economy. The Municipal Emergency Control Group regularly liaises with Southwestern Public Health and the Elgin County Joint Emergency Control Group. On April 27, 2020, the Council of the Corporation of the Municipality of Bayham passed By-law No. 2020-030 implementing the following COVID-19 Financial Policy: Tax Levy o Deferral of application of penalty or interest on current amounts for 90 days from the February 28, 2020 tax due date. Excluding penalty and interest applied prior to March 19, 2020 o Deferral of application of penalty or interest on current amounts for 90 days from the May 29, 2020 tax due date. Water/Wastewater Consumption Fees o Deferral of application of penalty or interest on current amounts for 60 days from the March 31, 2020 due date. Excluding penalty and interest applied prior to March 19, 2020 o Deferral of application of penalty or interest on current amounts for 60 days from the May 31, 2020 due date. •The above policies do not apply to supplemental tax bills and/or past due amounts. Penalty and interest will be applied to non-current amounts. DISCUSSION The purpose of this report is to provide an overview of the Municipality of Bayham impacts to date of the COVID-19 Pandemic. It must be stressed this report is based on information available as of May 15, 2020 and is subject to significant change as a result of Provincial Orders and/or Public Health Guidelines. COVID-19 FINANCIAL IMPACTS AMOUNT CATEGORY $26,522.11 COVID-19 Expenses $39,399.00 COVID-19 Lost Revenues -$63,516.30 Expense Reductions $2,404.81 Net COVID-19 Financial Impacts The COVID-19 Financial Impacts table demonstrates as of May 15, 2020 the Municipality has incurred a net amount of unbudgeted costs of $2,404.81. An overview of the categories includes but is not limited to: •COVID-19 Expense consist of unbudgeted amounts including: o Personal Protective Equipment o Enhanced sanitation measures o Provincial Order Education & Enforcement •COVID-19 Lost Revenues consist of: o Interest and Penalty revenue as a result of the COVID-19 Financial Policy o SCC & VCC rental revenues o Provincial student grants •Expense Reductions consist of the following expense reductions: o Municipal Assistance o Museum Students o Public Works Students It is important to note that COVID-19 Expenses and COVID-19 Lost Revenues are calculated to April 30, 2020 while Expense Reductions are calculated to December 31, 2020. Staff conservatively estimate unbudgeted net financial impacts of approximately $5,750/month from May – December 2020 with current guidelines. Under this model, a $46,000 deficit is projected at yearend. The deficit is projected based on reduced revenues, and increased expenses pertaining to Personal Protective Equipment and enhanced sanitation measures based on current guidelines and current services provided. The potential for a yearend deficit is further assessed based on the impact of utilizing the 2020 assessment roll book in 2021 as directed by the Province and MPAC. The Municipality of Bayham Emergency Control Group utilizes the health and safety recommendations of the Province and the Medical Officer of Health for Southwestern Public Health and the above noted financial estimates when making recommendations to the Council of the Corporation of the Municipality of Bayham. As of May 15, 2020 the service reductions the Municipality has implemented as a result of COVID-19 is: •Cancelation of the 2020 Museums Bayham Season •Reduction of Public Works Summer Students As the Province modifies and/or repeals Provincial Orders the Municipality will need to continually consider response to the same and make additional service level and financial decisions. A key community concern is the placement of portable washrooms and opening of the Port Burwell East Beach Washrooms. At this time the Municipality of Bayham Emergency Control Group in conjunction with the Elgin County Joint Emergency Control Group and guidance of Southwestern Public Health have determined placement of portable washrooms in public parks/green spaces is not in compliance with Provincial Orders. Once Provincial Orders are modified or repealed the Municipality will work to place portable washrooms in accordance with Southwestern Public Health guidelines. RECOMMENDATION 1.THAT Report CAO-22/20 re COVID-19 Pandemic be received for information; Respectfully Submitted by: Paul Shipway Lorne James CAO|Clerk Treasurer REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: May 21, 2020 REPORT: CAO-26/20 SUBJECT: E-COMMERCE BACKGROUND On December 16, 2004, the Council of the Corporation of the Municipality of Bayham passed By- law No. 2004 -112, being a by-law to authorize the execution of an Agreement with Moneris solutions Corp. for Debit Machine Services (Agreement No. 0173). On April 19, 2018, the Council of the Corporation of the Municipality of Bayham considered Report CAO-40/18 re Laserfiche automation and digitization efforts. On February 6, 2020, the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-08/20 re E-Commerce be received for information; AND THAT staff be directed to proceed with implementation of E-Commerce initiatives in 2020, including the utilization of credit card payments; AND THAT staff be directed to bring forward a by-law for Council consideration to implement an E-Commerce payment gateway; AND THAT staff be directed to bring forward a by-law for Council consideration to amend the Rates & Fees By-law to incorporate the collection of convenience fees associated with credit card payments. DISCUSSION As noted within Report CAO-08/20 the Municipality of Bayham has shown a commitment to service enhancement and efficiency. The next step in the service evolution within the Municipality of Bayham is the utilization of e-commerce functionality within online Laserfiche Forms. The concept will provide additional service and payment options to persons unable or who find it inconvenient to attend the Municipal Office. At the same time, all existing service and payment options would be retained. Persons who utilize the credit card payment option would pay the convenience fee for the same, established by and retained by the payment gateway provider, while the Municipality would fund the monthly fee as it currently does for debit services. This report proposes entering into an agreement with Paymentus as the e-commerce gateway provider. This will allow the Municipality to commence construction of e-commerce forms and payment options. Actual implementation of the public facing payment gateway will not occur until the forms are tested and fully constructed. At that time, staff will bring forward a by-law for Council consideration to amend the Rates & Fees By-law to incorporate the collection of convenience fees associated with credit card payments. RECOMMENDATION 1.THAT Report CAO-26/20 re E-Commerce be received for information; 2.AND THAT staff be directed to bring forward a by-law for Council consideration to implement an E-Commerce payment gateway; Respectfully Submitted by: Paul Shipway CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-056 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND VANGORP DRAINAGE & EXCAVATING INC. FOR THE PROVISION OF DRAINAGE WORKS FOR THE RICHMOND BRANCH ‘C’ DRAIN IN THE MUNICIPALITY OF BAYHAM PURSUANT TO PROVISIONS OF THE DRAINAGE ACT, CHAPTER D.17, R.S.O. 1990 AS AMENDED. WHEREAS the Council of the Municipality of Bayham deems it expedient to authorize the Mayor and Clerk to enter into and execute a contract on behalf of the Municipality, for the provision of drainage works of the Richmond Branch ‘C’ Drain based on and in accordance with the terms and conditions of the tender accepted; AND WHEREAS the Corporation of the Municipality of Bayham (the “Municipality”) desires to enter into an agreement with VanGorp Drainage & Excavating Inc. for construction of the Richmond Branch ‘C’ Drain in accordance with the Contract as prepared by Spriet Associates; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT the Municipality enter into and execute an agreement with VanGorp Drainage & Excavating Inc. for construction of the Richmond Branch ‘C’ Drain in accordance with the Contract attached hereto as Schedule “A” and forming part of this By-Law; 2. THAT the Mayor and the Clerk of the Municipality are hereby authorized and directed on behalf of the Municipality to execute all documents as may be required to give effect to these presents; 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 21ST DAY OF MAY 2020. _____________________________ Mayor _____________________________ Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-057 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND PAYMENTUS CORPORATION WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Paymentus Corporation for the provision of an e-commerce payment gateway; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and Paymentus Corporation for the provision of an e-commerce payment gateway; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF MAY, 2020. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-033 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD MAY 21, 2020 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held May 2 1, 2020 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 21st day of May, 2020. ____________________________ _____________________________ MAYOR CLERK