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HomeMy WebLinkAboutOctober 01, 2020 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, October 1, 2020 7:00 p.m. 6:45 p.m. Committee of Adjustment A. A. & P. Hiebert A-10/20 B. P. Grant A-11/20 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held September 17, 2020 B. Statutory Public Meeting held September 17, 2020 re A & C Beard 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 2020 Council Agenda October 1, 2020 2 A. Notice of Public Meeting Committee of Adjustment re Minor Variance Application A- 10/20 A. & P. Hiebert, 54140 Eden Line, North Hall B. Notice of Public Meeting Committee of Adjustment re Minor Variance Application A- 11/20 P. Grant, 55879 First Street, Straffordville C. Notice of Public Meeting re Proposed Zoning By-law Amendment – Ford, 53891 John St, Richmond 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-62/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application – Beard, Zoning By-law Z714-2020 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Municipality of Bayham re High Speed Fiber Optic Internet Connectivity - Build-Out Phase 1 COVID-19 Update B. Ministry of Municipal Affairs & Housing re Parkland Dedication, Development Charges and the Community Benefits Charges Authority 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-40/20 by Paul Shipway, CAO|Clerk re RFT 20-05 Building Demolition & Disposal B. Report CAO-41/20 by Paul Shipway, CAO|Clerk re RFP 20-02 Concession Food Booth – Port Burwell Municipal Beach 12. BY-LAWS A. By-law No. 2020-076 Being a by-law to authorize the extension of an agreement between the Corporation of the Municipality of Bayham and Pollard Distribution Inc. for the purposes of Dust Suppression Services B. By-law No. 2020-077 Being a by-law to appoint Independent Resolutions Inc. As Integrity Commissioner & Closed Meeting Investigator for the Municipality of Bayham pursuant to Sections 8, 9, 10, 11, 223.3, & 239.2 of the Municipal Act, 2001, S.O. 2001, C.25, as amended C. By-law No. 2020-078 Being a by-law to authorize the execution of a site plan agreement between Carole and Alexander Beard and the Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-62/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of October 1, 2020) 2020 Council Agenda October 1, 2020 3 D. By-law No. 2020-079 Being a by-law to authorize the execution of an agreement between Wilson’s Trucking and the Corporation of the Municipality of Bayham for the provision of building demolition and disposal services (This by-law follows the recommendation in Report CAO-40/20 by Paul Shipway, CAO|Clerk during the regular meeting of October 1, 2020) E. By-law No. 2020-080 Being a by-law to authorize the execution of an agreement between 1904730 Ontario Inc. o/a Simply Scoops and the Corporation of the Municipality of Bayham for the provision of concession food booth services (This by-law follows the recommendation in Report CAO-41/20 by Paul Shipway, CAO|Clerk during the regular meeting of October 1, 2020) F. By-law No. Z714-2020 Being a bylaw to further amend By-law No. Z456-2003 – Beard (This by-law follows the recommendation in Report DS-62/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of October 1, 2020) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding personal matters about an identifiable individual, including municipal or local board employees (Human Resources) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-041 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, September 17, 2020 7:00 p.m. 7:30 p.m. Public Planning Meeting A. A. & C. Beard 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 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Municipal Law Enforcement) added as Item 14.1 B. 4. ANNOUNCEMENTS None. 5. DELEGATIONS A. Straffordville Hall Foundation (SHF) presentation to the Municipality of Bayham of a donation to the Straffordville Community Centre Capital Reserve Straffordville Hall Foundation member Marni Wolfe presented a cheque in the amount of $8,000 to the Municipality towards the Straffordville Community Centre Capital Reserve. The Mayor thanked the Straffordville Hall Foundation for the dedication to the community. Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler 2020 Council Minutes September 17, 2020 2 THAT the donation from the Straffordville Hall Foundation (SHF) to the Straffordville Community Centre Capital Reserve be received with thanks. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held September 3, 2020 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the minutes of the Council Meeting held September 3, 2020 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Zoning By-law Amendment, A. & C. Beard, 54710 Heritage Line Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT correspondence item 10.1.1-A be received for information. CARRIED 2020 Council Minutes September 17, 2020 3 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-61/20 re Consent Application E27/20 Emberson – Lot Addition Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Staff Report DS-61/20 regarding Consent application E27/20 Emberson be received for information; AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E27/20, submitted by Mike and Kimberly Emberson be granted subject to the following considerations and conditions: 1. Digital Copy of the final survey 2. Letter of Undertaking from a solicitor/lawyer confirming the severed lands from 5- 7 Erieus Street will merge on title with the lands at 8 Robinson Street 3. Owners of both the retained lands at 5-7 Erieus St and the merged lands at 8 Robinson St apply to the Municipality to obtain the necessary zoning by-law amendments 4. Owner provide a designated parking space for the Second Dwelling Unit located on the proposed severed lands at 8 Robinson Street 5. Owners at their own expense and approvals, disconnect the municipal sanitary sewer and water services from 5-7 Erieus Street to the cottage and reconnect the Second Dwelling Unit to services at 8 Robinson Street 6. Planning report fee payable to the municipality CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. LPRCA Minutes of Board of Directors Meeting of August 5, 2020 B. Southwestern Public Health re A Reminder to Community Event Organizers Safe Gathering in Stage 3 C. Elgin County minutes of meeting held July 14, 2020 D. Elgin County minutes of meeting held July 23, 2020 E. Elgin County minutes of meeting held August 6, 2020 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT correspondence item 11.1.1-A – 11.1.1-E be received for information. 2020 Council Minutes September 17, 2020 4 CARRIED 11.1.2 Requiring Action 11.2 Reports to Council 12. BY-LAWS 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council do now rise to enter into an “In Camera” Session at 7:45 p.m. to discuss: • 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. • advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED A. Confidential Report regarding a position, plan procedure, criteria or instruction to be applied to any negotiations carried on by or on behalf of the municipality or local board (Municipal Service Corporations) B. Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Municipal Law Enforcement) 14.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise from the “In Camera” session at 8:25 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-040 Being a by-law to confirm all actions of Council Moved by: Councillor Froese Seconded by: Councillor Donnell 2020 Council Minutes September 17, 2020 5 THAT Confirming By-Law No. 2020-040 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council meeting be adjourned at 8:27 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES 56169 Heritage Line, Straffordville, ON Thursday, September 17, 2020 7:30 p.m. Zoning – A & C Beard 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: CAROLE AND ALEX BEARD, APPLICANTS ANDY VRYBURG, NEIGHBOUR BRENT EMANUEL, NEIGHBOUR 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:30 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 A. & C. Beard 54710 Heritage Line THE PURPOSE of this By-law is to change the zoning on a 15 ha (37 acres) parcel of land from an Agricultural (A1) zone to a site-specific Agricultural (A1-XX) zone to permit kennel use in addition to the permitted uses in the A1 zone; and to recognize the kennel facilities to be within a portion of an existing 232 m2 (2,500 ft2) building and within six adjacent fenced areas with combined area of 372 m2 (4,000 ft2), in Zoning By-law Z456- 2003. The subject lands are located at 54710 Heritage Line, north side, west of Maple Grove Line. THE EFFECT of this By-law will be to allow a kennel for the breeding of dogs in a portion of an existing building and new fenced area located to the rear of the farm building cluster, approximately 128 m from Heritage Line. 2 Statutory Planning Minutes September 17, 2020 5. PUBLIC PARTICIPATION Andy Vryburg and Brent Emanuel, neighbours, both expressed concerns regarding safety, disturbance to their pasturing livestock and the potential noise. Carole Beard provided more details as to how they will establish the kennel, construction of the kennel and provided responses to the neighbours’ concerns surrounding noise and safety. 6. CORRESPONDENCE Deputy Clerk/Planning Coordinator M. Underhill advised there are three letters from neighbouring property owners – one opposing the rezoning (Vryburg), one providing opinion and points to consider in granting a zone change (Lichtenberger) and one providing support for the proposal (Procunier, Walker, Brackenbury). 7. OTHER BUSINESS None 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Zoning By-law be considered at the regular meeting of October 1, 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application A & C Beard is now complete at 7:44 p.m. MAYOR CLERK NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: A. & P. HIEBERT, 54140 EDEN LINE, NORTH HALL TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-10/20) HIEBERT. AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 1st, 2020 at 6:45 pm. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to permit a maximum accessory building height of 4.8 m (15.7 ft) whereas 4.5 m (14.8 ft) is the maximum permitted by Section 9.5.1 of the Hamlet Residential (HR) Zone; and to permit a maximum floor area for an accessory building of 140 sq. m (1,500.5 sq. ft), whereas 75 sq. m (807.3 sq. ft) is the maximum permitted in Section 9.7, of the Hamlet Residential (HR) Zone, for lands located at 54140 Eden Line, north side, west of Culloden Road. THE EFFECT of this variance will be to allow the development of an accessory building for personal storage of construction, lawn, and hobby equipment in excess of the maximum permitted height and floor area. ANY PERSON may attend the public meeting adhering to mask and physical distancing requirements and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. DATED at the Municipality of Bayham this 18th day of September 2020. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160. Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Hamlet of North Hall NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: P. GRANT, 55879 FIRST ST, STRAFFORDVILLE TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-11/20) GRANT. AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 1st, 2020 at 6:45 pm. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to permit a minimum lot area of 814 sq. m (8,764.5 sq. ft) whereas 900 sq. m (9,687.5 sq. ft) is the required minimum for lots within the Village Residential R1 zone regulations, where sanitary sewage disposal services are available, as per Section 10.3 of the Zoning By-law, located in the Village of Straffordville, 55879 First Street, south side, west of East Street. THE EFFECT of this variance will be to allow the development of a future residence upon currently vacant lands. ANY PERSON may attend the public meeting adhering to mask and physical distancing requirements and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. DATED at the Municipality of Bayham this 18th day of September 2020. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Village of Straffordville NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: SANDY FORD, 53891 JOHN STREET, RICHMOND TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By- law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 15, 2020 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is an amendment to rezone the subject lands from the existing Rural Industrial (M2) Zone to a site specific Hamlet Residential (HR) Zone which permits a front yard setback of 3.35 m (11.0 ft) whereas at minimum 7.0 m (23.0 ft) is required, a rear yard setback of 2.7 m (8.9 ft) whereas at minimum 9.0 m (29.5 ft) is required, an accessory building which is 6.4 m (21.0 ft) in height and 223 sq. m (2,400 sq. ft) in area whereas a maximum height of 4.5 m (14.8 ft) and a maximum area of 75 sq. m (807.3 sq. ft) is permitted, in Zoning By-law Z556-2003. The subject lands are located at 53891 John Street, south side, east of Richmond Road, within the Hamlet of Richmond. THE EFFECT of this By-law will be to permit the development of a single detached residential dwelling with a decreased front yard setback of 3.35 m (11.0 ft). The By-law will also permit the existing barn as an oversized accessory building with a height of 6.4 m (21.0 ft) and an area of 223 sq. m (2,400 sq. ft) and recognize the existing rear yard setback deficiency on the subject lands. ANY PERSON may attend the public meeting adhering to mask and physical distancing requirements and/or make a written or verbal representation in support of or in opposition to the proposed amendment. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 25th day of September 2020. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Municipality of BAYHAM A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 T: 519-866-5521 F: 519-866-3884 E: bayham@bayham.on.ca W: www.bayham.on.ca High Speed Fiber Optic Internet Connectivity - Build-Out Phase 1 COVID-19 Update September 24, 2020 Further to the notice of August 15, 2019, and the notice of December 2, 2019 through the Municipality of Bayham partnership with North Frontenac Telephone Elgin Corp. (NFTEC), fiber optic internet connectivity installation has commenced in the Municipality of Bayham. Grant Roughley of North Frontenac Telephone Elgin Corp. provides the following update on the project as a result of the project pause caused by the COVID-19 Pandemic: Our Bayham build was shut down due to the pandemic earlier this year. Contractor resourcing and remobilization until the new year is currently an issue. We have made considerable progress on this build and would like to see it underway again in the near future. Questions or inquiries pertaining to NFTEC’s services and connection to the system may be directed to: North Frontenac Telephone Elgin Corp. Scott Neilson, Regional Sales Manager T: 519-851-7581 E: scottn@nftctelecom.com W: www.nftctelecom.com Mayor Ketchabaw noted, ‘given the potential investment in the community by NFTEC the Municipality is pleased to see NFTEC working through resourcing issues created by the COVID-19 Pandemic with the plan to resume the Bayham build in the future. As Council, we have heard time and time again that businesses rely on high speed internet to innovate, compete and grow. Our residents rely on it to support their quality of life, from health care to education to public safety. When resumed, this will be a major boost for our community, its economy and quality of place.’ Municipality of Bayham 519-866-5521 bayham@bayham.on.ca 234-2020-4019 September 18, 2020 RE: Parkland Dedication, Development Charges and the Community Benefits Charges Authority Dear Head of Council, As you know, our government introduced the Housing Supply Action Plan last year with the goal of increasing the supply of housing across Ontario. As part of this effort, our Government introduced the community benefits charge (CBC) authority along with changes to the Development Charges Act and parkland dedication under the Planning Act. Over the past year, the Ministry of Municipal Affairs and Housing consulted for over 300 days with municipalities, the development industry and the public on the implementation of the framework, including several aspects of the legislation and a regulatory approach. I value the input of our municipal partners. I am writing to inform you that on September 18th, our government proclaimed the remaining amendments that were made to the Development Charges Act and the Planning Act by Bill 108, the More Homes, More Choice Act, and, Bill 197, the COVID- 19 Economic Recovery Act. In addition, we have made a new regulation under the Planning Act and technical changes to regulations under the Planning Act, Development Charges Act and Building Code Act in order to finalize the framework for development charges, community benefits and parkland. As of September 18, 2020, municipalities will have two years to transition to the new regimes. This will enable both the municipalities and builders to adjust to these changes in light of the pressures of COVID-19. We listened to the feedback received during consultations, and that is why we are proposing to prescribe a percentage of 4% for the CBC authority that will be applied to land values to determine the maximum CBC for any particular residential development. The CBC could be used by local governments to fund capital costs of services that are needed due to higher density development and are not being recovered through other tools. Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000 These amendments will enable growth to pay for growth, while also providing greater predictability of development costs in order to increase the supply of housing so that it is more attainable for Ontarians. I thank you for your continued collaboration throughout the implementation of this new and enhanced framework. Sincerely, Steve Clark Minister of Municipal Affairs and Housing c: Chief Administrative Officers Chief Planners Municipal Treasurers Kate Manson-Smith, Deputy Minister, Municipal Affairs and Housing Alex Beduz, Chief of Staff to Minister Clark, Municipal Affairs and Housing Jonathan Lebi, Assistant Deputy Minister, Local Government and Planning Policy Division Caspar Hall, Director, Municipal Finance Policy Branch REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: October 1, 2020 REPORT: CAO-40/20 SUBJECT: RFT 20-05 BUILDING DEMOLITION & DISPOSAL BACKGROUND On August 25, 2020, the Municipality of Bayham issued RFT 20-05 Building Demolition & Disposal. RFT 20-05 Building Demolition & Disposal closed on September 24, 2020. DISCUSSION The results of RFT 20-05 Building Demolition & Disposal are as follows: RFT 20-05 - Building Demolition & Disposal Bidder Bid Price Artscrushing & Recycling Inc. $15,000+HST Schouten Excavating Inc. $23,900+HST 5025325 Ontario Inc. $15,700+HST Vertex Exteriors Inc. $24,500+HST Wilson's Trucking $15,000+HST Pursuant to By-law No. 2015-030, the Procurement By-law: Section 9.2 If two equal Bids are received, a means of breaking the tie consistent with the provisions of the solicitation shall be employed. Section 9.3 Factors to be considered in breaking the tie include: a.whether a prompt payment discount has been offered; b.when delivery is an important factor, the Bidder offering the best delivery date shall be given preference; c.a Bidder in a position to provide better after sales service, with a good record in this regard, shall be given preference; d.a Bidder with an overall satisfactory performance record shall be given preference over a Bidder known to have an unsatisfactory performance record. Both low bid contractors, Artscrushing & Recycling Inc. (Mr. Rick Declerq) and Wilson’s Trucking (Ms. Laurie & Mr. Thomas Wilson) are local contractors with a history of supporting and serving the community. Both low bid contractors have confirmed demolition materials will be taken to recycling facilities. The only difference between the bidders is that the Municipality has current, ongoing contract experience with Wilson’s Trucking. Should Council determine current contract experience is not enough of a differentiating factor, Council may select the successful bidder through ‘draw by lot’. RECOMMENDATION 1.THAT Report CAO-40/20 re RFT 20-05 Building Demolition & Disposal be received for information; 2.AND THAT staff be directed to bring forward a by-law to enter in an Agreement with Wilson’s Trucking for the provision of building demolition and disposal services Respectfully Submitted by: Paul Shipway CAO|Clerk REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: October 1, 2020 REPORT: CAO-41/20 SUBJECT: RFP 20-02 CONCESSION FOOD BOOTH – PORT BURWELL MUNICIPAL BEACH BACKGROUND Agreement No. 0678, as authorized by By-law No. 2019-004, for the provision of a Concession Food Booth – Port Burwell Municipal Beach, with Ma’s Port Burwell, expired September 30, 2020. On August 27, 2020, the Municipality of Bayham issued RFP 20-02 Concession Food Booth – Port Burwell Municipal Beach. RFP 20-02 Concession Food Booth – Port Burwell Municipal Beach closed on September 24, 2020. DISCUSSION The results of RFP 20-02 Concession Food Booth – Port Burwell Municipal Beach are as follows: RECOMMENDATION 1.THAT Report CAO-41/20 re RFP 20-02 Concession Food Booth – Port Burwell Municipal Beach be received for information; 2.AND THAT staff be directed to bring forward a by-law to enter in an Agreement with 1904730 Ontario Inc. o/a Simply Scoops for the provision of a Concession Food Booth – Port Burwell Municipal Beach. Bidder 1904730 Ontario Inc. o/a Simply Scoops Bidder - Monthly Fee Payable to the Municipality of Bayham $3,000+HST Bidder - Points 80 Concession Appearance 4 Concession Operational Plan 4 Equipment Condition 4 Public Health Considerations 4 Contractor Experience 4 TOTAL 100 RFP 20-02 Concession Food Booth - Part 1 Financial Assessment RFP 20-02 Concession Food Booth - Part 2 Equipment Assessment Respectfully Submitted by: Paul Shipway CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-076 A BY-LAW TO AUTHORIZE THE EXTENSION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND POLLARD DISTRIBUTION INC. WHEREAS the Council of the Corporation of the Municipality of Bayham on the 7th day of March, 2019 enacted By-Law No. 2019-019 to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Pollard Distribution Inc. for the supply and application of liquid solutions for use in dust control and road stabilization in the Municipality of Bayham; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of extending the agreement with Pollard Distribution Inc., for the supply and application of liquid solutions for use in dust control and road stabilization in the Municipality of Bayham for a further one year period; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to extend Agreement No. 0681 between Pollard Distribution Inc. and the Corporation of the Municipality of Bayham until December 31, 2024 with the Unit Price as follows: Pollard Distribution Inc. Year 2020 2021 2022 2023 2024 Rate/Litre 0.085 0.0867 0.08843 0.0902 0.09201 2. AND THAT all other terms and conditions of Agreement No. 0681 remain unchanged; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF OCTOBER, 2020. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-077 BEING A BY-LAW TO APPOINT INDEPENDENT RESOLUTIONS INC. AS THE INTEGRITY COMMISSIONER & CLOSED MEETING INVESTIGATOR FOR THE MUNICIPALITY OF BAYHAM PURSUANT TO SECTIONS 8, 9, 10, 11, 223.3, & 239.2 OF THE MUNICIPAL ACT, 2001, S.O. 2001, C.25, AS AMENDED WHEREAS Section 223.3 of the Municipal Act, 2001, as amended, authorizes a municipal council to appoint an Integrity Commissioner who is responsible for performing in an independent manner functions related to the Code of Conduct of members of council and local boards; AND WHEREAS Section 239.2 of the Municipal Act, 2001 as amended, authorizes a municipality to appoint an Closed Meeting Investigator who has the function to investigate in an independent manner, a complaint made to him or her by any person, whether the municipality or a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation; AND WHEREAS such services shall be undertaken by an Integrity Commissioner and Closed Meeting Investigator appointed by the Municipality, pursuant to Sections 8, 9, 10, 11, 223.3, 239.2 of the Act; AND WHEREAS the Municipality deems it advisable to appoint Independent Resolutions Incorporated as Integrity Commissioner and Closed Meeting Investigator to perform these services for a three-year term commencing on January 1, 2018 with the option to renew for two additional years; AND WHEREAS the Municipality deems it advisable to renew the appointment of Independent Resolutions Inc. as Integrity Commissioner, Closed Meeting Investigator and Ombudsman to perform these services for an additional two-year term commencing on January 1, 2021; and, AND WHEREAS Independent Resolutions Incorporated has expressed interest in providing services to the Municipality acting as Integrity Commissioner and Closed Meeting Investigator on the terms and conditions as agreed from time to time and under written agreement in the form and of the content attached as Schedule “A” hereto; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: 1. THAT, subject to execution of the agreement attached as Schedule “A” hereto, Independent Resolutions Incorporated is hereby appointed as Integrity Commissioner, and Closed Meeting Investigator for the Municipality of Bayham to perform those functions set forth in Sections 223.3 through 223.6, and 239.1 (1-11) of the Municipal Act, 2001 (Ontario) including but unlimited to: a. Advice as to the application of the Code of Conduct, the Municipal Conflict of Interest Act, and any related procedures, rules, and policies governing the ethical behavior of members of council and local boards; b. Conducting inquiries in respect of any requests alleging contravention of the Code of Conduct, the Municipal Conflict of Interest Act and/or any other procedures, rule or policy governing the ethical behavior of members of council and local boards; c. Conducting inquiries in respect to the municipality or local boards’ compliance with section 239 in respect of a meeting or part of a meeting that was closed to the public and in respect to any decision or recommendation made, or act done or omitted in the course of the administration; d. Reporting to Council for the Corporation of the Municipality of Bayham as to activities as Integrity Commissioner and Closed Meeting Investigator, including but not limited to reports as to the results of any inquiry into alleged contravention and/or an annual report of activities as Integrity Commissioner/Investigator; and, e. Educating members of council, members of local boards, the municipality and the public about the municipality’s code of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2. THAT this by-law shall come into force and take effect on January 1, 2021. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF OCTOBER 2020. ____________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-078 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN CAROLE AND ALEXANDER BEARD AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Carole and Alexander Beard. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Carole and Alexander Beard affixed hereto and forming part of this By-law as Schedule “A”. 2. THAT the executed agreement be registered at the owner’s expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 1st day of October 2020. READ A THIRD TIME AND FINALLY PASSED this 1st day of October 2020. _____________________________ ___________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-079 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND WILSON’S TRUCKING WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Wilson’s Trucking for Provision of Building Demolition & Disposal Services; 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 Wilson’s Trucking and the Municipality of Bayham; 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 1st DAY OF OCTOBER 2020. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-080 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND 1904730 ONTARIO INC. O/A SIMPLY SCOOPS WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with 1904730 Ontario Inc. o/a Simply Scoops for Provision of Concession Food Booth Services; 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 1904730 Ontario Inc. o/a Simply Scoops and the Municipality of Bayham; 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 1st DAY OF OCTOBER 2020. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z714-2020 BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses: 7.12.37.1 Defined Area A1-38 as shown on Schedule “A” Map No. 4 of this By-law. 7.12.37.2 Permitted Uses Animal Kennel use, in addition to all other permitted uses in the A1 Zone. 7.12.37.3 Additional Regulations for Kennel Use Maximum building floor area for the Animal Kennel: 121 m2 Maximum outdoor fenced area for the Animal Kennel: 375 m2 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 10 by changing the zoning symbol on the lands from Agriculture (A1) Zone to site-specific A1 (A1-38) Zone, which lands are outlined in heavy solid lines and marked A1-38 on Schedule “A” Map No. 4 to this By-law, which schedule is attached to and forms part of this By-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Local Planning Appeal Tribunal. READ A FIRST TIME AND SECOND TIME THIS 1st DAY OF OCTOBER2020. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF OCTOBER 2020. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-041 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD OCTOBER 1, 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 October 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 1st day of October, 2020. ____________________________ _____________________________ MAYOR CLERK