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HomeMy WebLinkAboutNovember 05, 2020 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 5, 2020 7:00 p.m. 6:45 p.m. Committee of Adjustment A. B. Wade 7:30 p.m. Public Planning Meeting A. C. Baker B. K. & M. Emberson 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 October 15, 2020 B. Statutory Planning Meeting held October 15, 2020 re D. Emerson C. Statutory Planning Meeting held October 15, 2020 re S. Ford 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report PS-04/20 by Steve Adams, Manager of Public Works re Winter Operations Plan 2020 Council Agenda November 5, 2020 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment— C. Baker, 8 Robinson St. and 5 Erieus St., Port Burwell B. Notice of Public Meeting re Proposed Zoning By-law Amendment— K. & M. Emberson, 7 Erieus St., Port Burwell C. Notice of Public Meeting Committee of Adjustment re Minor Variance Application Al2/20 B. Wade, 127 Faye St., Port Burwell 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-70/20 by Bill Knifton, Chief Building Official/Drainage Superintendent re Reimer Drain B. Report DS-72/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Zoning Amendment S. Ford, 53891 John St, Richmond C. Report DS-73/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Applications E45-49/20 J. Stewart, Eden D. Report DS-74/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Application E43/20 Gregory Underhill Farms Ltd., Orchard Line 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Elgin County minutes of meeting held September 8, 2020 B. Elgin County minutes of meeting held September 22, 2020 C. Elgin County minutes of special meeting held September 22, 2020 D. Elgin County re Elgin County Community Grant Program E. Elgin County re Elgin County Connectivity Committee Internet Connectivity Survey F. Municipality of Bayham re Port Burwell Pier Service Disruption G. Association of Municipalities of Ontario (AMO) re Proposed Blue Box Program Transition Schedule H. Ontario Energy Board Notice re EPCOR Natural Gas Limited Partnership 2 2020 Council Agenda November 5, 2020 I. Ontario Energy Board Notice re Enbridge Gas Inc. 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-44/20 by Paul Shipway, CAOIClerk re Off-Road Vehicle Regulations B. Report CAO-45/20 by Paul Shipway, CAOIClerk re RFP 20-03 Realty Services 12. BY-LAWS A. By-law No. 2020-081 Being a by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Reimer Drain (This by-law follows the recommendation in Report DS-70/20 by Bill Knifton, Chief Building Official/Drainage Superintendent during the regular meeting of November 5, 2020) B. By-law No. 2020-083 Being a by-law to repeal By-law No. 1997-003 (Vienna) and By-law No. 2003-096 (This by-law follows the direction of the Council of the Corporation of the Municipality of Bayham of December 51 2019) C. By-law No. 2020-084 Being a by-law to authorize the sale of lands owned by the Corporation of the Municipality of Bayham — 6342 Plank Rd., Vienna, ON D. By-law No. Z716-2020 Being a bylaw to further amend By-law No. Z456-2003 — S. Ford (This by-law follows the recommendation in Report DS-72/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 5, 2020) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. 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 (Part 1 Plan 11 R-10165— Creek Road Road Allowance) B. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Municipality of Bayham Zoning By-law) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-043 Being a by-law to confirm all actions of Council 16. ADJOURNMENT 3 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, October 15, 2020 7:00 p.m. 7:30 p.m. Public Planning Meeting A. D. Emerson B. S. Ford PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL SUSAN CHILCOTT ABSENT: COUNCILLOR DAN FROESE STAFF PRESENT: CAOICLERK PAUL SHIPWAY DEPUTY CLERKIPLANNING 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. Report DS-67/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent Application E35-20 Thompson — Lot Addition, Consent Application E36-20 VanWynsberghe — Lot Addition V X 1' added as Item 10.2E B. By-law No. 2020-082 Being a by-law to authorize the execution of a transfer of lands and to correct a defect in title (Part Road Allowance between Con 10 and 11 being Part 4 11 R- 7005) added as Item 12.B C. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (6342 Plank Rd.) added as Item 14.1 A 4. ANNOUNCEMENTS None 5. DELEGATIONS 2020 Council Minutes October 15, 2020 None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held October 1, 2020 B. Special Council Meeting re 2021-2030 Capital Budget held October 6, 2020 Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the minutes of the Council Meeting held October 1, 2020 and the Special Council Meeting re 2021-2030 Capital Budget held October 6, 2020 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Passing of Zoning By-law Z714-2020 re 54710 Heritage Line —A. & C. Beard B. Notice of Decision re Minor Variance Application A-10/20 A. & P. Hiebert, 54140 Eden Line, Eden C. Notice of Decision re Minor Variance Application A-11/20 P. Grant, 55879 First Street, Straffordville D. Notice of Public Meeting re Proposed Zoning By-law Amendment Remove Holding — D. Emerson, 55233 Light Line and 55267 Light Line E. Notice of Public Meeting re Proposed Zoning By-law Amendment— S. Ford, 53891 John St, Richmond 2 2020 Council Minutes October 15, 2020 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT correspondence item 10.1.1-A— 10.1.1-E be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-65/20 by Bill Knifton, Chief Building Official/Drainage Superintendent re 3rd Quarter Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-65/20 regarding the activities of the Building Services & Drainage Department for the third quarter of 2020 be received for information. CARRIED B. Report DS-66/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Application E61/19 D. Emerson Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Staff Report DS-66/20 regarding Consent application E61/19 Emerson be received for information; AND THAT Council reconsidered the application in light of the recent changes to the Provincial Policy Statement 2020 and recommend to the Elgin County Land Division Committee that in regards to the Consent Application E61/19 submitted by Dorothy Emerson, the Committee consider granting the application with the following considerations and conditions: 1. Cash in Lieu of Parkland dedication fee payable to the municipality 2. Planning Report Fee payable to the municipality 3. Digital copy of the final survey 4. Civic number sign purchased for the severed parcel CARRIED C. Report DS-68/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application — D. Emerson, Zoning By-law Z715-2020 Remove Holding Moved by: Councillor Chilcott Seconded by: Councillor Donnell 3 2020 Council Minutes October 15, 2020 THAT Report DS-68/20 regarding the Emerson 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 October 15, 2020 associated with this application, there were no submissions received and no oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the two properties owned by Dorothy Emerson located in Concession 3 Part Lot 14, municipally identified as 55233 Light Line and 55267 Light Line, from Village Residential [R1(h2)] Zone to Village Residential (R1) Zone; AND THAT Zoning By-law Z715-2020 be presented to Council for enactment. CARRIED D. Report DS-69/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Official Plan Amendment— Partial Services in Urban Areas Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report DS-69/20 be received for information; AND THAT Staff be directed to proceed with an application to amend the Official Plan policies regarding Partial Services in Urban Areas and to bring forward Official Plan Amendment No. 26 for Council's consideration. CARRIED E. Report DS-67/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent Application E35-20 Thompson — Lot Addition, Consent Application E36-20 VanWynsberghe — Lot Addition V X 1' Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Staff Report DS-67/20 regarding Consent applications E35-20 Thompson and E36- 20 VanWynsberghe be received for information; AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E35/20, submitted by Robert Thompson be granted subject to the following considerations and conditions: 1. Digital Copy of the final survey be provided to the municipality 2. Letter of Undertaking from a solicitor/lawyer confirming the severed lands from 7254 Bogus Road (Thompson) will merge on title with the lands at 55963 Calton Line (VanWynsberghe) 4 2020 Council Minutes October 15, 2020 3. Owner of the subject lands apply to the Municipality to obtain the necessary zoning by-law amendment for the severed lands 4. Planning report fee payable to the municipality AND THAT Council supports and recommends to the Elgin County Land Division Committee that Consent Application E36-20, submitted by Rob VanWynsberghe be granted subject to the following considerations and conditions: 1. Digital Copy of the final survey be provided to the municipality 2. Letter of Undertaking from a solicitor/lawyer confirming the severed lands from 55963 Calton Line (VanWynsberghe) will merge on title with the lands at 7254 Bogus Road (Thompson) 3. Owner of the subject lands apply to the Municipality to obtain the necessary zoning by-law amendment for the severed lands 4. Planning report fee payable to the municipality CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Solicitor General re Keeping Communities Across Ontario Safe B. Ministry of Municipal Affairs & Housing re Safe Restart Agreement C. Ontario Energy Board Notice re Enbridge Gas Inc. D. Karen Vecchio, MP & Jeff Yurek, MPP re Modified Holiday Parade in Elgin-Middlesex- London E. Long Point Region Conservation Authority minutes of meeting held September 2, 2020 F. County of Wellington re Aggregate Resources Property Valuation Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT correspondence item 11.1.1-A— 11.1.1-F be received for information. CARRIED 11.1.2 Requiring Action A. Bonnie Taylor re Request for lower speed limits and posting of School Zone Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT correspondence item 11.1.2-A be received for information; 5 2020 Council Minutes October 15, 2020 AND THAT Council request the County establish a Community Safety Zone at 59 Victoria St. adjacent to Victoria St, a County Road. AND THAT Council requests the speed limit be dropped to 40 km/hour in the Community Safety Zone. CARRIED 11.2 Reports to Council A. Report TR-11/20 by Lorne James, Treasurer re V Quarter Report Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Staff Report TR-11/20 re 2020 Q3 Variance Report be received for information; CARRIED 12. BY-LAWS A. By-law No. Z715-2020 Being a bylaw to further amend By-law No. Z456-2003 — D. Emerson (This by-law follows the recommendation in Report DS-68120 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of October 15, 2020) B. By-law No. 2020-082 Being a by-law to authorize the execution of a transfer of lands and to correct a defect in title (Part Road Allowance between Con 10 and 11 being Part 4 11 R-7005) Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT By-law No. 2020-082 and By-law No. Z715-2020 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Council do now rise to enter into an "In Camera" Session at 7:40 p.m. to discuss: 6 2020 Council Minutes October 15, 2020 • a proposed or pending acquisition or disposition of land by the municipality or local board. CARRIED A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (6342 Plank Rd.) 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 7:49 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-042 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Confirming By-Law No. 2020-042 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 7:50 p.m. CARRIED MAYOR CLERK 7 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES 56169 Heritage Line, Straffordville, ON Thursday, October 15, 2020 7:30 p.m. Public Planning Meeting A. D. Emerson PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL SUSAN CHILCOTT ABSENT: COUNCILLOR DAN FROESE STAFF PRESENT: CAOICLERK PAUL SHIPWAY DEPUTY CLERKIPLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: NONE 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. Zoning Application submitted by D. Emerson, 55233 Light Line & 55267 Light Line, Vienna THE PURPOSE of this By-law is to remove the Holding (h2) provisions on a 0.31 hectare (0.77 acre) parcel of land located at 55233 Light Line and an adjacent 0.32 hectare (0.80 acre) parcel of land under the same ownership located at 55267 Light Line, south side of Light Line, south of Bogus Road, in the Village of Vienna. This By- law will rezone the lands from the holding Village Residential 1 (R1(h2)) Zone to the Village Residential 1 (R1) Zone in the Municipality of Bayham Zoning By-law Z456- 2003. THE EFFECT of this By-law will be to satisfy the conditions of approval for Consent application E60-19 to allow 0.33 hectare (0.82 acre) of land to be severed from a property 50.7 hectares (125.3 acres) in area to create one (1) residential lot. The By-law 2 Statutory Planning Minutes - Emerson October 15, 2020 will also allow an adjacent 0.32 hectare (0.80 acre) parcel of land created by Consent E17/16 to be rezoned for consistency between the two (2) lots 5. PUBLIC PARTICIPATION None 6. CORRESPONDENCE None 7. OTHER BUSINESS None 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Zoning By-law be considered at the regular meeting of October 15, 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application D. Emerson is now complete at 7:32 p.m. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES 56169 Heritage Line, Straffordville, ON Thursday, October 15, 2020 7:30 p.m. Public Planning Meeting B. S. Ford PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL SUSAN CHILCOTT ABSENT: COUNCILLOR DAN FROESE STAFF PRESENT: CAOICLERK PAUL SHIPWAY DEPUTY CLERKIPLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: NONE 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:33 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. Zoning Application submitted by S. Ford, 53891 John St, Richmond 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 2 Statutory Planning Minutes - Ford October 15, 2020 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. 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 regular meeting of November 5, 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application S. Ford is now complete at 7:35 p.m. MAYOR CLERK $AYHAlt REPORT --� PHYSICAL SERVICES �c qo ,00rtunity Is�o� TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works DATE: November 5, 2020 REPORT: PS-04/20 SUBJECT: WINTER OPERATIONS PLAN BACKGROUND On September 6, 2018 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-66/18 re Winter Operations Plan - Level of Service be received for information. AND THAT the Council of the Corporation of the Municipality of Bayham approve the Municipality of Bayham Winter Operations Plan — Level of Service Policy attached hereto as Appendix 'A'; The Ontario Municipal Act, 2001, identifies a Municipality's obligation to maintain roads in a reasonable state of repair, and also generally provides for three defenses for liability: i. Minimum Maintenance Standards have been met; ii. that the Municipality did not know or could not have reasonably been expected to have known the issue existed; iii. that the Municipality took reasonable steps to prevent the default from arising. In Ontario, joint and several liability is allowed in the assignment of award/damages resultant from a claim. Essentially, the outcome is that even if a defendant(s) is found to be only 1% liable for a plaintiff's damages, the defendant(s) may have to pay the share of the other defendant who may not have the resources to pay. Since Municipalities are generally well insured, and have the ability to levy taxes, Municipalities are typically named in claims due to the greater ability to pay. This is particularly true where a claimant has sustained a critical injury that has created an ongoing impairment. In November 2002, Regulation 239102, Minimum Maintenance Standards for Municipal Highways (MMS) came into effect. Essentially, if a Municipality met the standard and documented it, they would not be negligent per Section 44(3)c of the Municipal Act. DISCUSSION The Municipality of Bayham Winter Operations Plan — Level of Service Policy, attached hereto as Appendix 'A', contains only typographical and mapping updates from the 2018 document. The Municipality of Bayham Winter Operations Plan — Level of Service Policy sets out a policy and procedural framework for ensuring that the Municipality of Bayham continuously improves on the effective delivery of winter maintenance services and the management of road salt used in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the Environmental Management of Road Salts. The Municipality of Bayham Winter Operations Plan — Level of Service Policy is meant to be dynamic, to allow the municipality to evaluate and phase-in any changes, new approaches and technologies in winter maintenance activities in a fiscally sound manner. At the same time, any modifications to municipal winter maintenance activities must ensure that roadway safety is not compromised. Lastly, the Municipality of Bayham Winter Operations Plan — Level of Service Policy also allows the Municipality to clearly identify and communicate how winter maintenance activities will be conducted within budget parameters. The Municipality of Bayham Winter Operations Plan — Level of Service Policy is posted on the Municipal Website. RECOMMENDATION 1. THAT Report PS-04/20 re Winter Operations Plan - Level of Service be received for information. 2. AND THAT the Council of the Corporation of the Municipality of Bayham approve the Municipality of Bayham Winter Operations Plan — Level of Service Policy attached hereto as Appendix 'A'; Respectfully Submitted by: Reviewed by: Steve Adams Paul Shipway Manager of Public Works CAOICIerk PQrtuxxiity Ise° Municipality of Bayham Winter Operations Plan Approved by Council: November 5, 2020 y.- .�* A.' 1 _ I DISCLAIMER This document is based on normal winter weather conditions, reliability and availability of resources both human and physical. The Municipality does not guarantee a level of service under abnormal or significant weather events nor in the event of a work stoppage. It is acknowledged that conditions may occur which temporarily prevent achieving levels assigned. In such cases, efforts will be made to keep roads open, consistent with available resources. This document is designed to utilize plain language to describe the Municipality of Bayham Winter Operations Plan. If there is a conflict between a provision in this document and a provision of Ontario Regulation 239/02, the provisions of Ontario Regulation 239/02 shall apply. Section 1 — Purpose The Municipality of Bayham Winter Operations Plan sets out a policy and procedural framework for ensuring that the Corporation of the Municipality of Bayham continuously improves on the effective delivery of winter maintenance services and the management of road salt used in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the Environmental Management of Road Salts and the County of Elgin Salt Management Plan. The Municipality of Bayham Winter Operations Plan is meant to be dynamic, to allow the Municipality to evaluate and phase-in any changes, new approaches and technologies in winter maintenance activities in a fiscally sound manner. At the same time, any modifications to municipal winter maintenance activities must ensure that roadway safety is not compromised. As specified in the Code of Practice for the Environmental Management of Road Salts, the Winter Operations Plan for the Corporation of the Municipality of Bayham was endorsed by Council on November 5, 2020. Section 2 - Definitions 2.1 Anti-icing means the application of liquid deicers directly to the road surface in advance of a winter event. 2.2 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. 2.3 Paved Road means a road with an asphalt surface, concrete surface, composite pavement, or Portland cement surface. 2.4 Pre-treat means the application of liquids (calcium chloride, sodium chloride, etc.) to dry sand or salt prior to being loaded for storage or applied to the road surface. 2.5 Pre-wetting means the application of liquids (calcium chloride, sodium chloride, etc.) at the spinner of the truck just prior to application to the road surface. 2.6 Significant Weather Event means an approaching or occurring weather hazard with the potential to pose a significant danger to users of the highways within the Municipality as per the Significant Weather Event Policy attached hereto as Appendix D'. 2.7 Surface Treated Road means a road with bituminous surface treatment comprised of one or two applications of asphalt emulsion and stone chips over a gravel road. 2.8 Unpaved Road means a road with a gravel or sand surface. 2.9 Winter Event means a weather condition affecting roads such as snowfall, wind-blown snow, freezing rain, frost, black ice, etc. to which a winter event response is required. 2.10 Winter Event Response means a series of winter control activities performed in response to a winter event. 2.11 Continuous Winter Event Response means a response to a winter event with full deployment of labour and equipment that plow/salt/sand the entire system. 2.12 Spot Winter Event Response means a response to a winter event with only a part deployment of labour and equipment or with full deployment to only part of the system 2.13 Winter Event Response Hours means the total number of person-hours per year (plowing, salting/sanding, winging back, etc.) to respond to winter events. Section 3 - Objective The Corporation of the Municipality of Bayham is committed to improving winter maintenance operations while continuing to ensure public safety. The Corporation of the Municipality of Bayham will optimize the use of winter maintenance materials containing chlorides on all municipal roads while striving to minimize negative impacts to the environment. The Corporation of the Municipality of Bayham Staff will strive, insofar as reasonably practicable, to provide safe winter road conditions for vehicular and pedestrian traffic as set out in the level of service policies and within the resources established by the Council of the Corporation of the Municipality of Bayham. Section 4 - Policy Statement The Corporation of the Municipality of Bayham will provide efficient and cost effective winter maintenance to ensure, insofar as reasonably practicable, the safety of users of the municipal road network in keeping with applicable provincial legislation and accepted standards while striving to minimize adverse impacts to the environment. These commitments will be met by: i. adhering to the procedures contained within the Municipality of Bayham Winter Operations Plan; ii. reviewing and upgrading the Municipality of Bayham Winter Operations Plan on an annual basis to incorporate new technologies and new developments; iii. committing to ongoing winter maintenance staff training and education; and iv. monitoring on an annual basis, the present conditions of the winter maintenance program, as well as the effectiveness of the Municipality of Bayham Winter Operations Plan. Section 5—Winter Maintenance Program The major activities related to winter maintenance are: • snow plowing • salt/sand application • salt/sand storage • snow removal • sidewalk plowing • anti-icing The Corporation of the Municipality of Bayham is responsible for winter maintenance on: Table 1 Road Type Distance Paved Roads 266 Lane KM Surface Treated Roads 211 Lane KM Unpaved Roads 122 Lane KM Sidewalks 19 KM For the purposes of this winter operations plan, the highways under the jurisdiction of the Corporation of the Municipality of Bayham have been classified (Class 1, 2, 3, 4, 5) as per the following Table 2 which is based on the Classification of Highways table included in Ontario Regulation 239/02. Table 2 Average Annual Daily Traffic Posted or Statutory Speed Limit (number of motor vehicles) (kilometres per hour) 91-100 81-90 71-80 61-70 51-60 41-50 1-40 15,000 or more 1 1 1 2 2 2 2 12,000 - 14,999 1 1 1 2 2 3 3 10,000 - 11,999 1 1 2 2 3 3 3 8,000 - 9,999 1 1 2 3 3 3 3 6,000 - 7,999 1 2 2 3 3 3 3 5,000 - 5,999 1 2 2 3 3 3 3 4,000 - 4,999 1 2 3 3 3 3 4 3,000 - 3,999 1 2 3 3 3 4 4 2,000 - 2,999 1 2 3 3 4 4 4 1,000 - 1,999 1 3 3 3 4 4 5 500 - 999 1 3 4 4 5 5 5 200 - 499 1 3 4 5 5 5 5 50 - 199 1 3 4 5 5 5 5 0 - 49 1 3 6 6 6 6 6 For the purposes of Table 2, the average annual daily traffic on a highway or part of a highway under the jurisdiction of the Corporation of the Municipality of Bayham shall be determined by: i. counting and averaging the daily two-way traffic on the highway or part of the highway; or ii. estimating the average daily two-way traffic on the highway or part of the highway. Table 3 summarizes the road system in the Municipality of Bayham as follows: Table 3 Paved Lane/KM Surface Treated/KM Unpaved Lane/KM Rural Urban Rural Urban Rural Urban Class 1 0 0 0 0 0 0 Class 2 0 0 0 0 0 0 Class 3 130 0 0 0 0 0 Class 4 66 0 0 0 0 0 Class 5 25 45 207 4 121 1 Class 6 0 0 0 0 0 0 Section 6— Level of Service 6.1 Weather Monitoring From October 1 to April 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once every shift or three times per calendar day, whichever is more frequent, at intervals determined by the Municipality. From May 1 to September 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once per calendar day. In order to determine an effective winter event response and allocate the appropriate resources the Corporation of the Municipality of Bayham supplements road patrol information with weather information from various sources which includes: i. observations from municipal staff; ii. communication with staff of adjacent municipalities and MTO contractors; iii. monitoring iv. monitoring pavement temperatures by means of on-board infrared thermometers which are mounted on the patrol and other trucks, and; v. RWIS data and pavement temperature forecasts from municipally owned stations or via a data sharing agreements with other municipalities and/or the Ministry of Transportation 6.2 Snow Accumulation The minimum standard for addressing snow accumulation is, after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table 4, to deploy resources as soon as practicable to address the snow accumulation, to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or on a Class 4 or Class 5 Highway with two lanes, to provide a total width of at least five metres. If the depth of snow accumulation on a roadway is less than or equal to the depth set out in the Table 4, the roadway is deemed to be in a state of repair with respect to snow accumulation. For the purposes of this section, the depth of snow accumulation on a roadway may be determined by a municipal employee, agent or contractor, whose duties or responsibilities include one or more of the following: i. Patrolling highways; ii. Performing highway maintenance activities. The depth of snow accumulation on a roadway may be determined by: i. performing an actual measurement; ii. monitoring the weather; or iii. performing a visual estimate. SNOW ACCUMULATION Table 4 Class of Highway Depth Time 1 2.5 CM 4 HRS 2 5 CM 6 HRS 3 8 CM 12 HRS 4 8 CM 16 HRS 5 10 CM 24 HRS 6.3 Ice Formation The minimum standard for the prevention of ice formation on roadways is doing the following in the 24- hour period preceding an alleged formation of ice on a roadway: i. Monitor the weather in accordance with Section 6.1; ii. Patrol in accordance with Ontario Regulation 239/02. If the Municipality determines, as a result of its activities that there is a substantial probability of ice forming on a roadway, the Municipality may treat the roadway to prevent ice formation within the time set out in the Table 5, starting from the time that the municipality determines is the appropriate time to deploy resources for that purpose. If the Municipality meets the minimum standard set out Section 6.3 and, despite such compliance, ice forms on a roadway, the roadway is deemed to be in a state of repair until the earlier of, the time that the municipality becomes aware of the fact that the roadway is icy; or the applicable time set out in the Table 5 for treating the roadway to prevent ice formation expires. The minimum standard for treating icy roadways after the municipality becomes aware of the fact that a roadway is icy is to treat the icy roadway within the time set out in the Table 5, and an icy roadway is deemed to be in a state of repair until the applicable time set out in the Table 5 for treating the icy roadway expires. For the purposes of this section, treating a roadway means applying material to the roadway, including but not limited to, salt, sand or any combination of salt and sand. ICY ROADWAYS Table 5 Class of Highway Time 1 3 HRS 2 4 HRS 3 8 HRS 4 12 HRS 5 16 HRS 6.4 Public Information Levels of Service The Municipality of Bayham has developed carefully planned levels of winter road service to combat the diverse winter weather conditions. A combination of municipally owned vehicles and contracted units provide effective snow plowing services to Elgin County and Municipality of Bayham roads through the highway priority route system. This system assigns priority to all County Roads with the highest traffic in the Municipality. To ensure the safety of drivers and pedestrians, these County Roads routes are serviced on a priority basis. Bayham Roads are attended to regularly, but less often than Elgin County Roads. Local Hamlet Roads and select sidewalks are maintained by Contractors under Agreements with the Municipality of Bayham. Winter Operations Priority Index 1) Elgin County Roads a. See Appendix `A' b. By-law No. 2018-008 2) Municipality of Bayham Rural Roads a. See Appendix `B' 3) Municipality of Bayham Local Hamlet Roads & Select Sidewalks a. See Appendix `C' b. Completed by Contractor under Agreement with the Municipality i. By-law No. 2020-069 c. Please note, only select sidewalks are maintained for winter operations. The Municipality does not perform snow removal operations around community mailboxes; please contact Canada Post for snow removal in this area. 6.5 Residents Information Winter Parking Restrictions As per the Municipality of Bayham Traffic By-law, parking is not permitted on any Municipal streets from 3:00 a.m. — 5:00 a.m. This ensures the Municipality can completely clear streets of snow and that emergency vehicles can get down the street. Children's Safety Please ensure that children do not play where snow is piled at the side of the road or in the middle of courts where municipal equipment operators may not see them. Driveways Piling snow to the right side of the driveway can help reduce the amount of snow pushed back into the driveway. Standing in the driveway and looking at the street determines the right side. Clearing Snow on Private Property The Municipality devotes a great deal of resources to keep the streets and select sidewalks clear of snow and ice. Residents often deposit snow and ice from their property onto the street or sidewalk not realizing that this contravenes municipal regulations, contributes to unsafe driving and walking conditions and increases the cost of providing winter road maintenance. When property owners are clearing snow from private driveways, please keep this snow on your property. Your efforts in helping the Municipality make winter driving and walking safe for everyone is appreciated. Fire Hydrants The Municipality of Bayham has approximately 118 fire hydrants that need to be cleared of snowfall. The Municipality works hard to keep hydrants clear and available for emergencies, however with heavy snowfalls, this can be challenging. Residents are asked to assist by keeping fire hydrants on their properties clear of snow. Hydrants should have a clearing of one metre (3 ft.) all around and there should be a clear path to the street to ensure firefighters can readily access them. A hydrant can help save lives and property in your community, if you see a hydrant that is buried this winter, please do the neighbourly thing and dig it out. Damage to Sod Sidewalk plowing presents many challenges. It is difficult to tell exactly where the edge of the sidewalk is and when the ground is not frozen some sod damage may occur. Damage to Municipal sod, pavement and municipally owned trees may be repaired in the spring, subject to the discretion of the Manager of Public Works. Contact the Municipal Office when you notice damage and your address will be added to a list for repair, for consideration, when materials are available. To facilitate the removal of snow from sidewalks and to prevent damage to private property, residents are required not to place cars, fences, posts, hedges, shrubs, driveway curbs or other obstructions on the road allowance. The Municipality will not be responsible for damage to items placed on Municipal property by property owners. Mailbox Replacement The Municipality will re-install mailboxes damaged as a result of maintenance activities of an appropriate standard in an appropriate location. Installation Standards i. The post shall be a 4"x4" wooden post. ii. Posts will be installed at the rounding of the shoulder, in order that the opening of the mailbox is at the edge of the shoulder with the bottom of the box being (3.5') above the edge of the edge of the shoulder. iii. Mailboxes on a cantilever arm must meet the same height and setback requirements. iv. Mailboxes will be placed on the right hand side of road according to the courier's line of travel in a position where the courier can reach and service it from his vehicle without being an impediment to pedestrian or vehicular traffic, where possible. v. Replacement boxes shall be a standard size weather resistant steel rural type mailbox. Limitations & Exclusions i. The Municipality is responsible for the replacement and reinstallation of a mailbox that has been removed or damaged by being physically hit by snow plowing equipment. At the sole, absolute and unfettered discretion of the Road Operations Supervisor, the Municipality will repair when possible or replace a mailbox, if beyond repair, damaged by a snowplow that has physically hit the box. ii. Mailboxes hit by snow coming off the plow will not be replaced by the Municipality. The responsibility for maintaining mailboxes lies with the owner of the box. Mailbox owners are required to repair their own mailboxes that have been damaged by snow impact. iii. Where any mailbox has been damaged by operations activities, it will be replaced with a standard mailbox and post arrangement with a maximum value of$50.00. Timing of Installation i. The damaged mailbox will be replaced as soon as weather and labour permit, at the sole, absolute and unfettered discretion of the Road Operations Supervisor. Completion of Winter Control Services on the roadway is a priority. Roadside Snow Removal Roadside snow removal operations are only completed within the defined urban communities in the downtown cores of Straffordville, Vienna, and Port Burwell. Roadside snow removal operations are undertaken when the available snow storage capacity on street will no longer accommodate further snow accumulations. The purpose of snow removal operations is not necessarily for pedestrian convenience but for road safety. If sufficient storage is lacking along roadway corridors and sight lines are impeded, snow removal may be scheduled at the earliest opportunity as per the following standards. i. Roadside snow removal operations may be scheduled and undertaken when the snow banks combined average height and width exceeds a value greater than 1.8 m (6'). ii. Whenever sightline and safety are compromised as determined by the Road Operations Supervisor or designate. iii. Measurements shall not be made until 72 hours following the cessation of a storm event iv. Snow removal shall only commence when reasonably feasible within the confines of the Municipal equipment and staff inventory. Assistance to Private Property Owners Under no circumstances will a municipal employee be permitted to use municipal equipment to push, pull or tow a stranded private vehicle from a roadway or parking lot. The employee, if a hazard exists, shall use the two-way radio to notify dispatch of the impending danger. Winter Operations - Frequently Asked Questions 1. What happens when it starts to snow? The Municipality of Bayham subscribes to an advanced weather forecasting service. Depending upon the timing and nature of the pending storm, staff are brought in to commence winter maintenance activities. Once the storm starts, or is completed, municipal equipment is sent out on designated routes to apply materials as necessary. 2. Why do I never see a municipal equipment when it snows? It all depends upon where you live. The Municipality's main routes are Elgin County Roads. Depending upon the time of day, traffic volumes and snowfall amounts, the average routes can take varying hours to complete one pass. The municipal equipment will continue back over these routes until the storm has stopped and these roads are clear of snow and ice. 3. Why does the plow not remove all of the snow from my road? The plows are designed to ride on "guides" (shoes) that raise the blade approximately 13 millimetres (0.5 inches)from the surface of the roadway. This is done to prevent damage to both the vehicle and infrastructure from raised manholes, catch basins or water valves. Once the street has been plowed and sanded, the interaction of the material and vehicular traffic is required to melt the remaining snow cover. Streets with low traffic volumes will therefore remain snow covered longer. 4. Why do the plows always push snow into my driveway? For a resident this can be quite annoying, but unfortunately, it cannot be helped. The snow must be removed from the travelled portion of the road. When the Municipality receives a heavy snowfall, if possible, do not shovel your driveway until after the plow has gone by. If you must shovel, do not throw the snow out onto the roadway as you may create a hazard for another vehicle, and if an accident were to occur, you might be held liable. Section 7 -Winter Maintenance Season The winter maintenance season within which the Corporation of the Municipality of Bayham will perform winter highway maintenance commences on November 15th, 2015 and is completed March 25th, 2016 Section 8 -Winter Preparations In the months prior to the start of the winter maintenance season, as identified in Section 7, the Corporation of the Municipality of Bayham undertakes the following tasks to prepare for the upcoming winter season. 8.1 Prior to the Winter Season Prior to the Winter Season the Municipality will: i. If required, prepare and call tenders for the supply of materials (salt, sand, liquid), replacement parts (for plows, solid and liquid application equipment), value added meteorological services (VAMS) and contract equipment (plow trucks, spreader trucks, combination units). ii. Conduct a mandatory training session for staff and contract operators where all policies, procedures, schedules, reporting procedures for callout, route maps, equipment training and safety precautions will be discussed. Any issues resulting from the meeting with regard to the policies, procedures, schedules, reporting procedures for callout, route maps, equipment training and safety precautions shall be resolved either at the meeting or prior to the winter season. iii. Train winter patrollers (or staff whose duties also include patrolling) on the route of representative roads to be patrolled between winter events, their duties during a winter event, recording keeping requirements and callout procedures and the anti-icing chemicals to be applied for the forecast weather conditions. iv. Inspect equipment to ensure proper working order. Schedule and complete any and all equipment repairs. 8.2 One Month Prior to the Winter Season One month prior to the winter season the Corporation of the Municipality of Bayham will: i. Post the winter shift schedule in accordance with the municipality's collective agreement, if any. ii. Calibrate material application equipment. iii. Allow operators (staff and contract) time to familiarize themselves with any new equipment, material application rates, material application equipment and their route (driving the route and noting obstacles along the route). iv. Have a 50 % of the fleet ready to respond to a winter event. v. Have sufficient staff available to operate the fleet if conditions warrant a winter event response. 8.3 At the Start of the Winter Season At the start of the winter season the Municipality of Bayham will: i. Implement the winter shift schedule. ii. Begin patrolling representative roads in all maintenance classes. iii. Respond to winter events as per the winter operations plan. Section 9 -Winter Patrol During the winter maintenance season, the Corporation of the Municipality of Bayham carries out a winter patrol on a route of representative roads, as per Appendix 'D' twice daily, seven days a week. Between winter events a patrol of representative roads will occur during daylight hours and a second night patrol will be also be scheduled. The purpose of the patrol is to monitor and record weather and road conditions and mobilize winter maintenance operators and equipment should a winter event be observed and a winter event response is required. On the approach of a winter event or during a winter event the route of representative roads may be modified, insofar as reasonably practicable, depending on the type and severity of winter event or the direction from which the storm approaches. Section 10— Operations The Corporation of the Municipality of Bayham adheres to the hours of service as set out in the Highway Traffic Act, Ontario Regulation 555/06. 10.1 Winter Materials Used Annually Table 6 Material 5 Year Average Rock salt (NaCl) 1200 tonnes Sand 3000tonnes Sand and salt mix* 3000 tonnes Salt brine (NaCl) 60000 Liters * Percentage of salt in sand/salt mix by weight 10% 10.2 Facilities The Municipality provides winter maintenance services from the patrol yard listed below. The patrol yard has a front-end loader capable of loading the winter maintenance fleet with sand or salt. Municipality of Bayham Public Works Yard 8354 Plank Rd Bayham, ON Equipment Storage Details: Nine bay pre-engineered steel building with a partially paved lot There is enough room in the bays to store 4 tandems, a loader, a grader, and the vac trailer. During winter months most of the equipment is stored indoors and seasonal equipment such as roadside grass cutters are stored at a different facility. Material Storage Details: All granular road construction material is stored outside. Salt and sand is stored within the storage dome as outlined with the County of Elgin Salt Management Plan. 10.3 Communications All winter maintenance vehicles are equipped with two-way communications (radios, cell phone, etc.). Municipal staff is responsible for reporting changing winter weather and/or road conditions as the changes are observed. Spectrum Communications provides a call centre which serves as the main hub for in/outgoing calls from staff, emergency services and the general public. The Call Center: Can be reached by calling 519-866-5521and is manned by Spectrum Communications outside normal business hours. The Municipality of Bayham communicates important information to the public via the municipal website www.bayham.on.ca 10.4 Authority Operational decisions will be made by the Manager of Public Works or designate with the aid of available forecasting, level of service policy, patrolling etc. However, it should be emphasized that decisions will be subjective and external input, whether in this plan or elsewhere, merely acts as an aid in determining if a call out of staff and equipment by the Manager of Public Works or designate. Section 11 - Decommissioning Winter Operations After the winter season expires, the Corporation of the Municipality of Bayham ceases all winter highway maintenance operations and decommissions the remainder of the equipment providing weather forecasts warrant the decommissioning. Section 12 -Training The Corporation of the Municipality of Bayham provides winter operations training for all staff involved in the delivery of winter services. It is compulsory for the municipal staff to attend the training sessions. Current Winter Operations Trainings: i. Equipment Circle Check iii. Health & Safety ii. Equipment Calibration Record Keeping iv. Winter Operations Section 13 - Record Keeping Full and accurate completion of documentation, according to the applicable procedures, ensures that the Municipality is protected from liability by providing solid due diligence that procedures have been followed. Staff, or the on-board data collection system, is responsible for keeping the following records: i. CVOR Time Card iv. Winter Patrol Diary ii. Materials Used v. Weather/RWIS Information iii. Route Plowed vi. Equipment Calibration Records Section 14 - Monitoring and Updating The purpose of monitoring and updating is to provide a basis for continuous improvement of the Municipality of Bayham Winter Operations Plan and the winter maintenance policies, practices and procedures of the Corporation of the Municipality of Bayham. The current winter maintenance policies, practices and procedures form the baseline or benchmark upon which improvements can be made to improve winter operations and/or the use and management of road salt in the future. The Corporation of the Municipality of Bayham plans to undertake continual improvements to ensure the most efficient and effective winter operations. At the end of the winter season, a meeting to review winter operations will be held with all winter operations staff to itemize all issues that arose during the winter season and discuss how these issues may be resolved. Prior to the start of the next winter season and with sufficient lead time to implement any changes, the Corporation of the Municipality of Bayham will train staff on the changes to equipment and/or winter maintenance policies, practices, and procedures. winter Year over year performance measures will be used to determine whether the objectives of the Municipality of Bayham Winter Operations Plan and/or winter maintenance policies, I practices, and procedures have been met and to identify areas for improvement. Fall ; , . Spring i. Monitoring the salt used: of Winter Percentage change (+/-) in the total Operations tonnes of salt purchased annually from L__'J L_ lei the benchmark year Percentage of applications where discharge rates exceeded Percentage change (+/-) in the total tonnes of salt applied annually per system km per winter event Summer HFRiTy�F 2 9 CKSON<iHF yy �� t �9[Tp hENNq[ rc f � NF51N Np�SCOT[9 t[NE Z I t �6 P <K ��NE<iNE F R\ - O SS Fsp I IIEL ST Plow Route 1 - 2020 N eMap Total Lane 106.8km W o Municipality of S 0 950 1,900 3,800 5,700 B AY H A M Meters @SAM 01, cAR5ON LINE LINE Nay y99 o Zk 10 Qy Oho RI ACE 4 I{j rc Plow Route 2 - 2020 N Total Lane 105.8krn WE o Bay am z Municipality of D 1,100 2,200 4,400 6,600 S BAYHAM Meters f L,NE 2Q0 .tk'C NFRitq GF(i1.E, aR0 . P O ) 1 c� VFN o t_ ALINE 3 ' ��{I .I•- I ,•� I r NN`+T Q COS E NOvq Sc Rq LiNF TNNL�Nf Plow Route 3 - 2020 N Total Lane 80.6km w_ .E Malehlde eaynam Municipality of s 0 650 1,300 2.600 3,900 B AY H A M Me,ers Key Map 0 I T ST Plow Route 4 - 2020 N rg aBayham ;t Total Lane 86km W E JI 5 z 75 ta Municipality of D 650 1,3oo 2,600 3,900 S BAYHAM Meters Key Map a� i9s R Nc S ti S oP 00 FOEN I�NE \ I E GROVE�iNE `aE G OJE �pV ie STEWgRr ` f /-� 77 NFRT9GE�N aR0 � _ n F z� Plow Route 5 - 2020 j� Bayham � a Y Total Lane 121.8km � E o � Z Municipality of s o goo 1,400 2.800 4.200 B AY H A M Meters i 9s 9 f ppE55E�N� GREEN IINE 0p4 BFST UNE LWE ' EOEN�IryE E �dp 9T9 CF hF F =y NFR?4Qp�N aRa F i F-� Plow Route 6 - 2020 N Total Lane 126.5km w �"E Malehlde eaynRm Municipality of s 0 750 1,500 3,000 4,500 B AY H A M Meters Key Map AREA PORT BURWELL STREETS • Addison Street(Nova Scotia—Libbye) '- - • Bodsworth Lane - • Brock Street • Burwell Street • Cowper Street - • Elizabeth Street -- - ''• - • Erieus Street • Fay Street • Hannah Street • Homer Street • Howard Street(to Submariners Way) • Hurley Street • Libbye Avenue • Libbye Street • McNeil Court • Milton Street • Newton Street k • Pitt Street • Shakespeare Street • Southey Street - - - • Strachan Street • Tennyson Street • Victoria Street(Pitt to Wellington) • Waterloo Street v --- • William Street • Wilson Lane 1 PORT BURWELL PARKING LOTS • Fire Hall—Nova Scotia Line 1 • Library Parking—21 Pitt Street • Marine Museum Parking Lot • Pump Stations(Brock and Union) • Sewage Treatment Plant—1 Chatham Street • Robinson St Parking Lots HOMER ST • Wastewater Treatment Plant • Base of Pitt St • Chatham St.Lot ^ • Nova Scotia Line Park -. COWPER f ti. i O "- SOUTHEY STD r ' IS z 1 p00 i - or-1—M ST NEWTON ST • - MCNEILCOURT \ CF w ST - J d a ' I BURWELL ST ...I HANNAH PT I iI L188VE ST WELLINGT NST �I- `•� PITT ST yf BE.-ST - i •. L Winter Maintenance 2020 N — Streets 7.09km Malahide �J, E, Bayham — Sidewalks 3606.97m Municipality of 0 125 250 500 750 S B AY H A M Meters Key Map AREA VIENNA STREETS • Ann Street • Centre Street(North of Fulton Only) • Chapel Street(to top of the hill) • Chestnut Street O�,D • Edison Street • Elm Street • Front Street • King Street • North Street • Oak Street • Otter Street • Pearl Street • Pine Street • Queen Street • Snow Street - • Union Street • Walnut Street VIENNA PARKING LOTS • Community Centre • Pump Station#6,54 Front St. QUEEN STREET V ONESTNUT STREET t,.. x rc ANN STREET m m A p � T N jo� FU N EET LTO STR F O 01 m N m , ,i PLANK ROAD AM P�R�STREfr ' - j GNAP�V S" O vi RFFr fNryA U�'F pF4.� .u:� yK ?K �O F tl w • A<NUr STREET F z 0 z O STR eBrE AST wAr�RSTRFFr. TUNNEL LINE M N' Winter Maintenance 2020 N Streets 7km Malahide `� E Be am Sidewalks 908m Municipality of o too zoo aoo soo S B AY H A M Meters Key Map AREA 3 STRAFFORDVILLE STREETS • Alward Street • Arthur Street • CPR Laneway(to dead end) _ • Donnelly Street • Duke Street ! 6 , • East Street • Elgin Street • Fifth Street • First Street • Fourth Street • Garner Road(Heritage to Wardwalk) _ • Garnham Street • Hesch Street j • Main Street i • Old Chapel Street • Second Street • Short Street • Third Street • Wardwell,Line • West Street s - STAFFORDVILLE PARKING LOTS •� � � • Firehall '- • Library/Pump Station#2 • Pumping Station(8971 Plank Road • SCC � I9352 Garner Rd.and 56826 Heritage Line) n • Straffordville Community Centre All Entrances&Sidewalks A � •llo t •� — y � WOO Iwo J ♦i � - t•�I�iA.. � Y . •y - r r _� •�. : wVJ r•; P V` i ka! ,I c ar+.= 1 Winter Maintenance 2020 N Streets 3.8km Malahide Sidewalks 4.9km W` E Bay am Municipality of 0 100 200 400 600 S B AY H A M Meters Key Map i � / •F' i lip a 1z;� Art � � 4 . 3���ii►ew 1 1 �•���.�s�+�f �4 / _T:` _.. a ' � Or 41 •�• /�• p: i r�. 1 r J •- • IIM�'1`V n� HERITAGE LINEIL w w m ti 9C P �✓T cy F<< Ro qo N Contractor County Maintenance 2020 w j .E Malahide gayham Municipality of s BAYHAM Key Map f. i} w f r l �_ � k, jj ' �hKi� s J �� �.��. ;;� �.�:c' • _ � , �� ��y ± 1 — � �_ � � — — �. ;r . . , ,_ .; ,, ., ► ; 1 s .- ,y .y .,� - i�� �' S �h:..- .l. ,.. .. '�:.'V ,�: ,at:..�.:e.' 1 i j. -. ..w�., 1 1 ;�.�;.���r. •- 1 � � !M�ii��i ���Ili � � +� i _ mY a 0 p SEY pU p ES CREEN LINE m �P �O lP Y� 9: • 2 _ r �F 00 EOEry LINE P vt d✓ y�f �E G G� R4GE f m =P�. L`�11.5!A�1 ENN<rNF ' 3 �TIA[lNE F L•J.:llll/.Y11 C[EN ERif[/NF Route of Representative Roads 2020 N Length 85.9km( i W E Malahide gayham Municipality of S o 1,450 zsoo 5800 8,700 B AY H A M Meters Key Map -g,AYHA poZ.tunity Is�(o The Corporation of the Municipality of Bayham Municipality of Bayham Significant Weather Event Policy Section 1 — Overview 1.1 The purpose of a declaration of a Significant Weather Event under Regulation 239102, Minimum Maintenance Standards for Municipal Highways (MMS) is to deem all roadways and/or sidewalks in a state of repair with respect to snow accumulation and/or ice conditions by posting a notice on the Municipality's website and monitoring weather conditions. 1.2 Following the end of the declaration of a Significant Weather Event the Municipality shall address the roadways and/or sidewalks with respect to snow accumulation and/or ice conditions. Section 2 — Definitions 2.1 `Significant Weather Event' means an approaching or occurring weather hazard with the potential to pose a significant danger to users of the highways within the Municipality. 2.2 `Road Operations Supervisor' shall mean the Municipality of Bayham Roads Operations Supervisor, or designate. Section 3 — Procedure 3.1 The Road Operations Supervisor may declare a Significant Weather Event, pursuant to Regulation 239102, Minimum Maintenance Standards for Municipal Highways (MMS), in the Municipality of Bayham. 3.2 The Road Operations Supervisor may declare a Significant Weather Event, pursuant to Regulation 239102, Minimum Maintenance Standards for Municipal Highways (MMS), for any or all of the following weather hazards: i. Snow Accumulation — Roadways ii. Ice Conditions— Roadways iii. Snow Accumulation — Sidewalks iv. Ice Conditions - Sidewalks 3.3 Factors the Road Operation Supervisor may consider in declaring a Significant Weather Event includes, but is not limited to: i. Environment Canada Public Weather Alert ii. MeteoGroup Weather Alert iii. Approaching and/or occurring weather hazards: a. Blizzard b. Blowing Snow c. Extreme Cold d. Flash Freeze e. Freezing Rain/Drizzle f. Snowfall g. Snow Squall iv. Any other factor deemed relevant by the Road Operations Supervisor. 3.4 The Road Operations Supervisor shall utilize the Significant Weather Event Form to issue a declaration of a Significant Weather Event. i. The timestamp on the completed Significant Weather Event Form shall be the official start time of the Significant Weather Event. ii. A Significant Weather Event will remain in force and effect until the notice of declaration of the end of the Significant Weather Event. 3.5 Pursuant to Section 16.9 of Regulation 239102, Minimum Maintenance Standards for Municipal Highways (MMS), notice of the declaration of a Significant Weather Event will be posted on the Municipality of Bayham website News Bloq. SNOW ACCUMULATION - ROADWAYS 3.6 If the Road Operation Supervisor declares a Significant Weather Event relating to snow accumulation, the standard for addressing snow accumulation on roadways until the declaration of the end of the Significant Weather Event is: i. to monitor the weather in accordance with the Municipality of Bayham Winter Control Level of Service Policy; and ii. if deemed practicable by the Road Operations Supervisor, to deploy resources to address snow accumulation on roadways, starting from the time that the Road Operations Supervisor deems appropriate to do so. 3.7 If the Road Operations Supervisor complies with Section 3.6, all roadways within the Municipality are deemed to be in a state of repair with respect to snow accumulation until the applicable time in the Municipality of Bayham Winter Control Level of Service Policy expires following the declaration of the end of the Significant Weather Event by the Road Operations Supervisor. 3.8 Following the end of the weather hazard in respect of which a Significant Weather Event was declared by the Road Operations Supervisor, the Road Operations Supervisor shall, i. declare the end of the Significant Weather Event when the Road Operations Supervisor determines it is appropriate to do so; and ii. address snow accumulation on roadways in accordance with the Municipality of Bayham Winter Control Level of Service Policy. ICE CONDITIONS— ROADWAYS 3.9 If the Road Operation Supervisor declares a Significant Weather Event relating to ice conditions, the standard for addressing ice conditions on roadways until the declaration of the end of the Significant Weather Event is: i. to monitor the weather in accordance with the Municipality of Bayham Winter Control Level of Service Policy; and ii. if deemed practicable by the Road Operations Supervisor, to deploy resources to address ice conditions on roadways, starting from the time that the Road Operations Supervisor deems appropriate to do so. 3.10 If the Road Operations Supervisor complies with Section 3.9, all roadways within the Municipality are deemed to be in a state of repair with respect to ice conditions until the applicable time in the Municipality of Bayham Winter Control Level of Service Policy expires following the declaration of the end of the Significant Weather Event by the Road Operations Supervisor. 3.11 Following the end of the weather hazard in respect of which a Significant Weather Event was declared by the Road Operations Supervisor, the Road Operations Supervisor shall, i. declare the end of the Significant Weather Event when the Road Operations Supervisor determines it is appropriate to do so; and ii. address ice conditions on roadways in accordance with the Municipality of Bayham Winter Control Level of Service Policy. SNOW ACCUMULATION -SIDEWALKS 3.12 If the Road Operation Supervisor declares a Significant Weather Event relating to snow accumulation, the standard for addressing snow accumulation on sidewalks until the declaration of the end of the Significant Weather Event is: i. to monitor the weather in accordance with the Municipality of Bayham Winter Control Level of Service Policy; and ii. if deemed practicable by the Road Operations Supervisor, to deploy resources to address snow accumulation on sidewalks, starting from the time that the Road Operations Supervisor deems appropriate to do so. 3.13 If the Road Operations Supervisor complies with Section 3.12, all sidewalks within the Municipality are deemed to be in a state of repair with respect to snow accumulation until the applicable time in the Municipality of Bayham Winter Control Level of Service Policy expires following the declaration of the end of the Significant Weather Event by the Road Operations Supervisor. 3.14 Following the end of the weather hazard in respect of which a Significant Weather Event was declared by the Road Operations Supervisor, the Road Operations Supervisor shall, i. declare the end of the Significant Weather Event when the Road Operations Supervisor determines it is appropriate to do so; and ii. address snow accumulation on sidewalks in accordance with the Municipality of Bayham Winter Control Level of Service Policy. ICE CONDITIONS—SIDEWALKS 3.15 If the Road Operation Supervisor declares a Significant Weather Event relating to ice conditions, the standard for addressing ice conditions on sidewalks until the declaration of the end of the Significant Weather Event is: i. to monitor the weather in accordance with the Municipality of Bayham Winter Control Level of Service Policy; and ii. if deemed practicable by the Road Operations Supervisor, to deploy resources to address ice conditions on sidewalks, starting from the time that the Road Operations Supervisor deems appropriate to do so. 3.16 If the Road Operations Supervisor complies with Section 3.15, all sidewalks within the Municipality are deemed to be in a state of repair with respect to ice conditions until the applicable time in the Municipality of Bayham Winter Control Level of Service Policy expires following the declaration of the end of the Significant Weather Event by the Road Operations Supervisor. 3.17 Following the end of the weather hazard in respect of which a Significant Weather Event was declared by the Road Operations Supervisor, the Road Operations Supervisor shall, i. declare the end of the Significant Weather Event when the Road Operations Supervisor determines it is appropriate to do so; and ii. address ice conditions on sidewalks in accordance with the Municipality of Bayham Winter Control Level of Service Policy. 3.18 Following the end of the weather hazard in respect of which a Significant Weather Event was declared by the Road Operations Supervisor, when the Road Operations Supervisor determines it is appropriate to do so, the Road Operations Supervisor shall utilize the Significant Weather Event Form to declare the end of the Significant Weather Event. i. The timestamp on the completed Significant Weather Event Form shall be the official end time of the Significant Weather Event. 3.19 Pursuant to Section 16.9 of Regulation 239102, Minimum Maintenance Standards for Municipal Highways (MMS), notice of the declaration of the end of a Significant Weather Event will be posted on the Municipality of Bayham website News Bloq. Section 4— Record Retention 4.1 The Municipality shall retain all Significant Weather Event Forms in the Laserfiche Repository (T-05 Road Maintenance— Significant Weather Event) NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT ~ IN THE MUNICIPALITY OF BAYHAM Op-bottunity ls��v{y APPLICANT: CAROLYN BAKER, 8 ROBINSON STREET AND 5 ERIEUS STREET, PORT BURWELL 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, November 5, 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 to rezone 8 Robinson Street from a site specific Village Residential 1 (R1-12) Zone and 5 Erieus Street from a Village Residential 1 (R1) Zone to an amended site specific Village Residential 1 (R1-12) Zone, which requires a minimum lot area of 575 sq. m (6,186 sq. ft) whereas at minimum 222 sq. m (2,390 sq. ft) is required, in Zoning By-law Z556-2003. The lands are located east of Robinson Street, west of Erieus Street, and south of Brock Street, within the Village of Port Burwell. THE EFFECT of this By-law will be to update the site-specific regulations applicable to the lands, at 8 Robinson and 5 Erieus Street, in order to recognize the addition of the lands severed from the adjacent property. The By-law is required to fulfill the conditions of Consent E27/20 for this lot addition. 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. KEY MAP MUNICIPALITY OF BAYHAM DATED at the Municipality of Bayham this 15t" day of October + 2020. 1_ L a w 6ROGk St W _ Margaret Underhill Deputy Clerk/Planning Coordinator N Municipality of Bayham 56169 Heritage Line, P.O. Box 160 SUBJECT LANDS Straffordville, ON, NOJ 1Y0 _ T: 519-866-5521 Ext 222 F: 519-866-3884 NAG�RMANST l E: munderhiII(@_bayham.on.ca W: www.bavham.on.ca Village of Port Burwell .SXYHAjtt NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT ~ IN THE MUNICIPALITY OF BAYHAM Op�'Orrunity Ise°��y APPLICANT: KIM AND MIKE EMBERSON, 7 ERIEUS STREET, PORT BURWELL 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, November 5, 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 to rezone the lands from the Village Residential 1 (R1) Zone to a site specific Village Residential 1 (R1-xx) Zone which permits a front yard depth of 0.0 m (0.0 ft)whereas at minimum 7.0 m (23.0 ft) is required and a side yard setback of 0.8 m (2.7 ft) for an accessory structure, whereas at minimum 1.0 m (3.0 ft) is required, in Zoning By-law Z556-2003. The lands are located at 7 Erieus Street, west side, south of Brock Street, within the Village of Port Burwell. THE EFFECT of this By-law will be to recognize the existing single detached residential dwelling on the lands with a decreased front yard setback and to recognize the existing accessory structure with a decreased side yard setback. The By-law is required to fulfill the conditions of Consent E27/20 for a lot addition. ANY PERSON may attend the public meeting adhering to mask and physical distancing requirements and/or make a written orverbal 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. KEY MAP MUNICIPALITY OF BAYHAM DATED at the Municipality of Bayham this 15th day of October 2020. VJ N w BROOK 57 Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham y 56169 Heritage Line, P.O. Box 160 y Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 SUBJECT LANDS F: 519-866-3884 E: munderhill(a)-bayham.on.ca NA�E,t;WAN Sz _ W: www.bavham.on.ca Village of Port Burwell COMMITTEE OF ADJUSTMENT NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE O�pOrtunity Is�oa�� IN THE MUNICIPALITY OF BAYHAM APPLICANT: B. WADE, 127 FAYE ST, PORT BURWELL TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-12/20), Lot 127 Registered Plan No. 228. AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, November 5t", 2020 at 6:45 p.m. 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 building coverage of 32%, whereas 30% is the maximum; a minimum front yard depth of 0.0 m (0.0 ft) whereas 7.0 m (23.0 ft) is the minimum required; and a minimum westerly side yard width of 0.0 m (0.0 ft) whereas 1.4 m (4.6 ft) is the minimum required, within the Village Residential 1 Exception No. 13 (R1-13) Zone. The variance will also recognize the existing lot area of 580.0 sq. m (6,243.1 sq. ft), whereas 1,390.0 sq. m (14,961.8 sq. ft) is the minimum lot area where no public water supply or sanitary sewage disposal services are available; and the existing lot frontage of 15.8 m (51.8 ft), whereas 20.0 m (65.6 ft) is the minimum required lot frontage for partially serviced lots within the Village Residential 1 Exception No.13 (R1- 13) Zone. The lands are located at 127 Faye Street, south side, corner of Libbye Avenue. THE EFFECT of this variance will be to allow the construction of an extension of an existing single detached residential dwelling in excess of the maximum lot coverage, with a reduction in minimum side yard width, and located closer to Faye Street than permitted. The variance will also recognize existing deficiencies related to minimum lot area and minimum lot frontage. 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 22"d day of October, 2020. KEY MAP MUNICIPALITY OF BAYHAM y Margaret Underhill Q Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 LIBBYE;AVE Straffordville, ON, NOJ 1Y0 SUBJECT LANDS ` T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(aD-bayham.on.ca W: www.bavham.on.ca 4,pH��Y F/F Village of Port Burwell ePP gQ� $AY REPORT DEVELOPMENT SERVICES O4-*'ortuni is�o��� ty TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: November 5, 2020 REPORT: DS-70/20 SUBJECT: REIMER DRAIN BACKGROUND The purpose of this report is to accept the design and assessment of the Drainage Works known as the Reimer Drain, submitted by Spriet Associates, Report No. 220057 dated October 5, 2020, and to give three readings to Provisional By-Law No. 2020-081. DISCUSSION As a condition of severance, the proposed building lot on Heritage Line in the Village of Richmond owned by Michael and Annie Reimer require a legal outlet for surface drainage. Reimers petitioned for drainage as required, Spriet Associates retained by the Municipality of Bayham have submitted the Engineer's Report as noted above. Typically, the Municipality would hold a Public Meeting pursuant to Section 41 of the Drainage Act and the Court of Revision pursuant to Section 53 of the Drainage Act for consideration of the drainage works and assessment associated with the same. However, the Reimer Drain, submitted by Spriet Associates, Report No. 220057 dated October 5, 2020 states, "The actual cost of the work involving this report is to be assessed to the landowner, I &A Reimer(Roll No. 7-052-25). We note that the cost of the report is not eligible for the provincial grant." On October 8, 2020, the Reimers provided written confirmation that they accept the drainage works design and assessment. Given the acceptance by Reimers and the COVID-19 Pandemic, staff respectfully recommend proceeding in a condensed manner as below. RECOMMENDATION 1. THAT Report DS-70/20 re the Reimer Drain be received for information; 2. AND 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 No. 22057 dated October 5, 2020, referred to as the Reimer Drain report; 3. AND THAT the Council of the Corporation of the Municipality of Bayham confirms the assessments as per the Engineer's Report No. 22057 dated October 5, 2020; 4. AND THAT Provisional By-law No. 2020-081 be read a first, second and third time. Respectfully Submitted by: .cam n T i Bill Knifton u Chief Building Official CA01CIerk Drainage Superintendent - REPORT DEVELOPMENT SERVICES ortunity -ts 0 TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: November 5, 2020 REPORT: DS-72/20 FILE NO. C-07 / D13.FORD Roll # 3401-000-007-11504 SUBJECT: Rezoning Application — Ford Zoning By-law Z716-2020 BACKGROUND: Sandy Ford has submitted a rezoning application to rezone her property described as Plan 22 Pt E Cross Blk known as 53891 John St, south side, east of Richmond Rd within the Hamlet of Richmond. A public meeting was held October 15, 2020 with notification circulated on September 25, 2020 No public comments were received at the public meeting or at the time or writing this report. 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-11) 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. DISCUSSION The planner's memorandum dated October 27, 2020 addresses the land use against the PPS 2020, Official Plan and Zoning By-law recommending support. The property was formerly used as a welding business in the existing barn. The property will be rezoned for residential uses with a reduced front yard setback for the future main dwelling, the oversized nature and reduced rear yard setback of the accessory barn. The "apartment" in the barn will be considered a Staff Report DS-72/20 Ford second dwelling unit. ATTACHMENTS: 1. Rezoning Application received September 11, 2020 2. IBI Memorandum dated October 27, 2020 3. Draft Zoning By-law Z716-2020 RECOMMENDATION THAT Report DS-72/20 regarding the Ford 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 October 15, 2020, no public comments were received 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 Sandy Ford identified as Plan 22 Pt E Cross Blk from Rural Industrial (M2) to site-specific Hamlet Residential (HR-11) Zone to permit residential uses; AND THAT Zoning By-law Z716-2020 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill P u S Deputy ClerklPlanning Coordinator CAOlClerk MUNICIPALITY OF BAYHAM 56169 Heritage Line /� P.O. Box 160 E V E I V E Straffordville, ON NOJ 1Y0 Rorr�eui�yUP + Phone (519) 866-5521 - Fax(519) 866-3884 SEP 1 1 2020 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAIRWA "BAYBAM THE MUNICIPALITY OF BAYHAM � ��� This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in thi for st be completed in full. This mandatory information must be provided with a fee oZ 2 00_0 oning By-law Amendment or Temporary Use Zoning By-law) or 1500(Temporary Use Zoning By-law Renewal) or 1500(Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. IfWe, c'6 �I C_ shall assume responsibility for any additional costs ex eeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. } Property Owner Property Owner FOR OFFICE USE ONLY 7/670 000 711�5_01 7V DATE RECEIVED: ' -� '/' ' AMOUNT RECEIVED: .,.-DEEMED COMPLETE: a RECEIPT ', - 4 _ : `f '19t , FILE NO`: � . � ' DATE ADOPTED BY COUNCIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): Address: rt cc Phone No. (Home):ZZt�: 5es � `� � 6G° Fax: Email: � � ud ('�(\ Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. Applicant/Authorized Agent: Address: Phone No.: Fax. E-mail: Please specify to whom all communications should be sent: Registered Owner (iX Applicant/Authorized Agent ( ) 3. Legal Description of the land for which the amendment is requested Roll #_ Ct)7// Concession: Q�� �ta'Z Lot: Reference Plan No: /-70� Part Lot: Y Street and Municipal Address No. What is the size of property which is subject to this Application? Area: m2 Frontage: m Depth: m &S-r When were the subject lands purchased by the current owner? Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: How does the application conform to the Official Plan? 4/1 5. Existing Zoning By-law Classification: �"<JqL /V/")1X5?V/xg� cm_2D) What are the current uses of 71hesuLbq' ctands?ft l pq� re kle�'O�'f If known, provide the length of time these uses have continued on this property. �C� l If th�re'are ani��exit nn U in g or structures on the subject lan s pro i e oll 1 information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks � VV If �known, provide thedates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. - y � I hory)Z 4eyv\- i�LA14cd 111-YGIS-4�at L -2-6 S�'C'V' d . y _ Municipamy ur baynarn z_unmg ray-iaw/Amenurnem Hppncauun rage 4 7. Why is the rezoning being requested? 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes No adjustment of a settlement area? ii a�i ut�uk+i -av�uiiuiv�J �iiuuiiti.cxuiril tiri eili�iliw'li4.rl i ivi�i� i..4.f1.iG.7�► k+G.7t�.Vl ti+i u G t.iii j•+I ja vil iiasai Plan policies or associated Official Plan amendment, 9. Does the proposed amendment remove land from an area of employment? _ Yes If so, attach separately justification or information for the request based on the current Official 1 IGI I r.JV11LIGJ VI GJJ VLIG IGV VIIILI GI I IGI I GIIIGIIVIIIGIII. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Setback Setbacks Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply f/ �r , j,,r,�¢� ,� err 7 i"en'l­ Private Drilled Well t ) Private Dug Well Communal Well Lake or other Surface Water Body ( ) s Other I } Sewage Disposal Existing Proposed Municipal Sanitary Sewers { ) ( ) Individual Septic System Communal System } Privy Other { Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( ) Municipal Road— maintained all year ( ) Municipal Road — seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order ( ) If yes to any of the above, indicate the file number and status of the application. UN KINOW 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 16. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing V- the boundaries and dimension of the subject lands; the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; Vi the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; the current uses of the land that is adjacent to the subject land; the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); ® the location and nature of any easement affecting the/ subject land. �U�c��ltvt'S>�c'✓YI /is L%C ��i�c2'�j'�v (# ) Written comments from the Elgin Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (o) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 1 {. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. ` S, Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page 8 19. If this application is to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, location,,ar d zoning of the farm parcel with which the subject lands are being consolidated. Roll # 34 - 01 - 911 Address: .7 — — Zoning Classification: I[We, , of the i me Town/To nship/Ci yNillage etc. Of la in the County of � � , do solemnly declare: fvlunicipality Name C dunty Name C} that I[We am/are the owner(s) of the lands described above `? that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I[We hereby appoint _ to act as an Agent on my/our behalf in all aspects of this application. Owner(s) Signature(s .. And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by vjj�tue of the "Canada EvVence Act f DECLARED BEFORE ME at the: 7'7 ( p' 1 . �. 1 c ce i Of A-, C 1 �.e 1 Ag t in the County/Region of - ,;-? this day of -- 0 Owner/Agent A Commissioner, e 1ARGARET UNDERHILL,a Commissioner,efe. -- eputy Clerk of the Corporation of the - - MuEc rally of ltayum. 1ie ,,.;.':*1 VAtC- Pip ..rcs ROfOS— h' 439 posy TAM K SEP-ric i Vu 55PTI-C Sep IBI GROUP I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date October 27, 2020 From Ivana Osojnicki Project No 3404 - 779 cc William Pol, MCIP, RPP Subject S. Ford -Application for Zoning By-law Amendment - 53891 John Street, Richmond 1. We have completed our review of a Zoning By-law Amendment Application submitted by Sandy Ford for a property located at 53891 John Street, south side, east of Richmond Road, within the Hamlet of Richmond. The applicant is requesting to rezone a 1,739 sq. m (18,700 sq. ft) parcel of land from Rural Industrial (M2) Zone to a site-specific Hamlet Residential (HR-xx) Zone in Municipality of Bayham Zoning By-law Z456-2003. Within this site-specific zoning, the minimum permitted front yard depth will be 3.4 m (11.2 ft), the minimum permitted rear yard depth for the existing accessory building will be 2.7 m (8.9 ft), the maximum floor area for an accessory building will be 300 sq. m (3,229 sq. ft), and the maximum accessory building height will be 6.4 m (21.0 ft). This Zoning By-law Amendment will permit the development of a single detached dwelling on the subject lands while retaining the existing barn as an accessory building containing a second dwelling unit. The subject lands are designated Hamlets on Schedule 'Al' Municipality of Bayham: Land Use in the Municipality of Bayham Official Plan. 2_ The parcel has a lot frontage of approximately 37 m (121 ft) and a lot depth of approximately 47 m (154 ft) for an area of 1,739 sq. m (18,718 sq. ft). There is currently a barn on the property which was formerly used for the operation of a welding business. This barn currently accommodates a 74 sq. m (800 sq. ft) rental apartment unit. The remainder of the barn 226 sq. m (2,433 sq. ft) is used for personal storage. The subject lands have access to municipal water and currently use a private septic system. The adjacent properties to the north, east, south, and west are occupied by single detached dwellings on lands zoned HR. 3_ The Provincial Policy Statement (PPS), 2020 indicates that settlement areas should be the focus of growth and development and their vitality and regeneration should be promoted. The PPS further directs that intensification and redevelopment where municipal water and sewer are available should be supported. The proposed IBI Group is a group of firms providing professional services and is affiliated with 1131 Group Architects IBI GROUP MEMORANDUM Municipality of Bayham—October 27,2020 development infills underutilized lands within the Hamlet of Richmond with available municipal water and existing private sewer services. A Residential dwellings are permitted as-of-right within the Hamlets designation set out by the Municipality of Bayham Official Plan. The development of a single detached dwelling on the subject lands maintains the intended principal land use function of the Hamlets designation, as per Section 4.4.1.2 and 4.4.2.1 of the Official Plan. As the subject lands are surrounded by single detached dwellings, the potential for land use conflict created from developing a single detached dwelling on this site is minimal. 5. Section 5.1.5.1 of the Official Plan acknowledges that portions of the Hamlet of Richmond are serviced by municipal water services and individual on-site sewage services. The Plan limits development in Richmond to a size and scale that meets zoning requirements and does not threaten the environment, human health, or safety. In our opinion, the proposed development of one (1) single detached dwelling is not anticipated to produce negative environmental, health, or safety issues. 6. Section 4.7 of the Official Plan sets out policies related to second dwelling units within the Municipality of Bayham. Up to one (1) second residential dwelling unit is permitted per lot, which must be ancillary and subordinate to a primary dwelling unit. Existing servicing must be available for the second dwelling unit to the satisfaction of the Municipality and Southwestern Public Health. The existing apartment in the barn on the subject lands is currently serviced by municipal water and a private septic system. The applicant will be required to demonstrate that Southwestern Public Health is satisfied that the second dwelling unit is currently and continues to be appropriately serviced. The gross floor area (GFA) of the second dwelling is not permitted to exceed 40% of the total GFA of both the primary and second dwelling units. The existing apartment unit in the second dwelling unit is 74 sq. m (800 sq. ft) in area, which is approximately 33% of the total GFA proposed for both the primary and second dwelling units. 7. Within the Hamlet Residential (HR) Zone, permitted uses include one (1) single detached dwelling on one (1) lot and an accessory use. The parcel has adequate lot frontage and lot area to meet zoning requirements and to accommodate the development of a single detached dwelling. A single detached dwelling could be developed on the subject lands in compliance with the requirements of the Hamlet Residential HR Zone. 8. Second dwelling units within accessory buildings are permitted by the Municipality of Bayham Zoning By-law where a single detached dwelling is listed as a permitted use and where the dwelling has been in existence in accordance with the timeframe specified in the Ontario Building Code. Section 4.59 of the Zoning By-law sets out requirements for second dwelling units within the Municipality. Only one (1) second IBI GROUP MEMORANDUM Municipality of Bayham—October 27,2020 dwelling unit shall be permitted per lot. The subject lands are only proposed to contain one (1) second dwelling unit. At least one (1) parking space dedicated to the second dwelling unit shall be provided. The applicant will be required to indicate where this parking space will be located on the subject lands. Second dwelling units shall be connected to municipal services where they are available. Where municipal services are not available, as is the case for the subject lands, the second dwelling unit shall be connected to an approved on-site servicing system. It shall be demonstrated that on-site servicing has sufficient capacity for the primary and second dwelling unit. Second dwelling units will also be required to comply with the requirements of the Ontario Building Code and with the zoning regulations for accessory buildings. 9 Section 9.7 of the Zoning By-law sets out requirements for accessory uses within the Municipality of Bayham Hamlet Residential (HR) Zone. Accessory uses shall not be permitted to be built closer to the front lot line or side lot line than the minimum setback requirements for the main building on the lot. The minimum side yard width and front yard depth are met by the existing barn. Accessory uses shall not be closer than 1.0 m (3.2 ft) to any lot line or located in the front yard. The existing barn meets these requirements. Accessory uses shall also not exceed 8% coverage of the total lot area or 75 sq. m (807 sq. ft), whichever is less, and shall not exceed 6.0 m (19.7 ft) in height. The existing barn has a lot coverage of approximately 17% and is 300 sq. m (3,229 sq. ft) in area. It is currently 6.4 m (21.0 ft) in height, exceeding these requirements. This Zoning By-law Amendment will recognize the existing barn as an existing oversized accessory use. 10. We have no objection to the subject lands being rezoned from Rural Industrial (M2) Zone to a site specific Hamlet Residential (HR) Zone to recognize the unique front yard setback of the main dwelling and the oversized nature and unique rear yard setback of the accessory building. ° uciJ 0401 uvlcl�I V IBI Group Ivana Osojnicki Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z716-2020 FORD 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 9.12 Exceptions — Hamlet Residential (HR) Zone by adding the following clauses: 9.12.11.1 Defined Area HR-11 as shown on Schedule "E" Richmond of this By-law. 9.12.11.2 Minimum Front Yard Depth 3.4 metres 9.12.11.3 Minimum Rear Yard Depth for an Accessory Building 2.7 metres 9.12.11.4 Maximum Floor Area for an Accessory Buildinq 300.0 square metres 9.12.11.5 Maximum Height for an Accessory Building 6.4 metres 2. THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "E" by changing the zoning symbol on the lands from Rural Industrial (M2) Zone to site-specific Hamlet Residential (HR-11) Zone, which lands are outlined in heavy solid lines and marked HR-11 on Schedule "E" 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. Z716-2020 READ A FIRST TIME AND SECOND TIME THIS 5T" DAY OF NOVEMBER 2020. READ A THIRD TIME AND FINALLY PASSED THIS 5T" DAY OF NOVEMBER 2020. MAYOR CLERK SEE SCHEDULE A-MAP No.4 Iry —1 .• i IlkI } HR41 ' - Y 1 7 i This is Schedule"E"to By-law SEE SCHEDULE A-MAP No.7 No. Z716-2020, passed the day of , 2020 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE E Lonnnri A RICHMOND LPRCARegulation Limit wry.. ZONING BY-LAW Z456.2003 UPDATED JANUARY 16,2020 ` REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: November 5, 2020 REPORT: DS-73/20 FILE NO. C-07/ D09.20 Stewart Roll # 3401-000-006-11240 SUBJECT: Consent Applications E45-49/20 Stewart, J, Eden BACKGROUND: Five consent applications E45-49/20 were received on October 16, 2020 from the Elgin County Land Division Committee submitted by Appointed Agent David Roe on behalf of John Stewart proposing to sever four lots with 35.0 m (114.8 ft) frontage and equal depths at 76.2 m (250 ft). The owner would retain 3033.1 m2 (32648.0 ft). The subject land is within the boundary of the Hamlet of Eden. Lands are designated "Hamlet" on Schedule 'Al' Municipality of Bayham Land Use in the Official Plan. Lands are zoned Hamlet Residential Holding (HR-h2) Zone in Zoning By-law No. Z456-2003. In the immediate area of the proposed lots, the lands are designated and zoned appropriate for future residential development. Elgin County Land Division Committee will consider the applications on November 25, 2020. DISCUSSION: In the past, Council has supported multiple lot developments by consent. Careful consideration must be made to the overall development and potential servicing and surface water management and drainage. The four plus one retained lot proposed are considered to be infilling in an established residential area. The lots will require private services as no municipal services are available. A requirement for servicing is the installation of individual wells and the provision of acceptable water quality and quantity testing results meeting provincial standards for residential use. As well, our standard conditions to require civic numbering signage, survey, cash in lieu payment for the creation of building lots, planning report fee and engineer design storm water management, drainage/grading plan and municipal lot assessments for lands on private septic systems. Staff Report DS-73/20 Stewart ? In anticipation of the consent applications coming forward, Mr. Stewart went ahead with the installation of the Stewart Drain for these lots at his expense and will provide final grading plan details for the entire lands to satisfy the condition. Further, the wells were installed and the municipal lot assessments have been completed with reports pending to satisfy the conditions. Unlike the other four applications, Consent E45/20 is an "addition to a lot" to add land to the driveway access to the rear lands owned by Eden Elevators Ltd. to create an access that meets the minimum 20.1 m width. Future development of the retained interior lands would be through a registered Plan of Subdivision to ensure the lands are developed utilizing the best planning principles and design criteria including the proper access width. There's been no indication of further development of the interior lands at this time. Staff and municipal planner recommend the support of the consent applications for the addition to a lot and the creation of four plus one retained building lots fronting on Eden Line in the Hamlet of Eden. ATTACHMENTS 1. Consent Applications E45-49/20 Stewart (complete E45-20 lot addition; E46-20 and only portions of E47-49/20 lot creation) 2 IBI Group Memorandum dated October 28, 2020 RECOMMENDATION THAT Report DS-73/20 regarding the Consent Applications E45-49/20 submitted by John Stewart be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E45/20 be granted subject to the following conditions: t. Letter of Undertaking for the merger of the severed lands with the rear lands owned by Eden Elevators Ltd. 2. Digital copy of the registered plan of survey 3_ Purchase of a civic number sign for the access to the rear lands AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E46-49120 be granted subject to the following conditions: 1_ Installation of individual private wells with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 2. Engineer design municipal drain and grading plan 3. Rezoning to remove the holding provision h2 from the retained and severed parcels 4. Municipal Lot Assessments results for each of four created and one retained lot 5. Digital copy of the registered plan of survey 6_ Cash in Lieu of Parkland Dedication fee for each of four created lots 7. Purchase civic number signs for each of four created and one retained lots 8_ Planning Report fee payable to the Municipality Staff Report DS-73/20 Stewart 3 Respectful) Sub t d y: Reviewed by,__� Margaret Uhderhill P S Deputy ClerklPlanning Coordinator CA � ler E C E I V E Application #1 ` OCT 1 6 2020 Parcel 6 on Sketch Z Elgin MUNICIPALITY BAYNAM APPLICATION FOR CONSENT 1, Name of Approval Authority ELGIN COUNTY LAND DIVISION COMMITTEE 2- Name of Owner John Stewart Address 54965 Eden Line, Eden, ON NOJ 1 HO Telephone Number 519-866-5828 Email Name of owner's solicitor or authorized agent _ 5ar1 R nin Solutions Inc. _ Address 599 Larch Street, Delhi, ON N413 3A7 Telephone Number 519-582-1174 Email civicplainingsolutions@nor-del.com Please specify to whom all communications should be sent: Owners F-1 Solicitor F� Agent F 3, (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: creation of a new lot Other: mortgage/charge addition to a lot lease surplus farm dwelling F easement/R.O.W. technical severance _correction of title other(specify) {b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: Eden Elevators Ltd. (c) If a lot addition, identify the assessment roll number and property owner of the lands to which the parcel will be added: 340100000611200 _ 4. (a) Location of land: Municipality Bayhn Concession No. Lot(s) No. 21 Registered Plan No. Name of Street Eden Line , Street No. and/or 911 No. Not assigned Assessment Roll No. 340100000611240 (b) Are there any easements or restrictive covenants affecting the subject land? Yes 7 No Fx If Yes, describe the easement or covenant and its effect: 4 Description of land intended to be severed: (Accurate Measurements in Metric) Parcel 6 on Sketch Frontage 5.1 m_ Depth _ _ 76.2m Area 388.4m2 Existing Use Vacant lands Proposed Use add to access road for farm property Number and use of buildings and structures on the land to be severed: Existing_ Vacant lands Proposed_ Agricultural 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 7.r, 91 m Depth 76.2m Area 13666.3m2 Existing Use _ Vacant lands _ Proposed Use Number and use of buildings and structures on the land to be retained: Existing s_,r7r{,_ Proposed Residential 7. Number of new lots proposed (including retained lots) B. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED 40T RETAfNED LOT Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained 0 Other public road 0 Flight Of Way Water access {� 0 If proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) 9_ (a) What type of water supply is proposed: (check appropriate space) FYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system 0 Privately owned and operated individual well Privately owned and operated communal well Lake or other water body l Other means (specify) 5 (b) If existing water sUpplY is provided from a privately owned and operated Ind]viduall communal well, the owner shall be required to provide wriften confirmatlon from a licensed well Installer that the private well provides the quality and quantity of potable water required try Provincial standards. (Written confirmation to be attached to the Application) 10. (a) What We of sewage disposal is proposed; (check appro pa,e sp.ce) TYPE PRQPD_ 1-D LOT E AINED LOT Publicly owned and operated sanitary sewage system Privately owned and operated individual septic Privately owned and operated communal septic system Other means (specify) (b) If existing sewage disposal is privately owned, the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? n/a 12. What is the existing Official Plan designation(s) of the subject land? Hamlet 13. What is the existing honing designation(s) of the subject land? HR h2 14. Has the subject land ever been the subject of an application for approval of a plan of subdivi siQD under the Planning Act? Yes F� No Unknown 1-1 If Yes, and known, provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application, describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes No I I (b) If the answer to(a)is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Date parcel created 17. if this application is for a lot addition, has the lot to be enlarged ever been the subject of a previous severance? Yes FX I No If Yes, provide the previous severance File No. 2009 File E1/09 It was the retained lands and E2/09 18, If the application involves the severance of a surplus farmhouse(through farm consolidation), please complete attached Appendix"C"—"Surplus Farm Dwelling Information Form". (Completed Appendix"C"to be attached to the Application) 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes 0 No ` 1) Now used for livestock? Yes No x li) Capable of being used for livestock? Yes No x (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation(MDS)document-Implementation Guideline#6. 20. Is the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future? Yes 3 X 1 No C 21. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes No If Yes, and known, specify the Ministry file number and status of the application 22. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor variance,or approval of a plan of subdivision? Yes No 7 If Yes, and known, specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1) of the Planning Act? Yes 2 No C (b) If Yes, identify policies from the Provincial Policy Statement 2014 to support this application for consent minor boundary adjustment 24. Is the subject land within an area designated under any provincial plan or plans? Yes (0 No 0 If Yes, does the application conform to or conflict with the applicable provincial plan or plans 25. Did pre consultation occur with the local Municipality and other agencies (if applicable)? Yes 0 No (Q Enter date of consultation and contact person contact with Margaret Underhill at Bayham 26. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 27. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b) of Bill 49, Chapter 63, S.O. 1989, being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. 28, DETAILED SKETCH: The application shall be accompanied by a detailed sketch showing the following: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land: the distance between the subject land and the nearest municipal lot line or landmark, such as a railway crossing or bridge; the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas; the location of private wells and septic system must be located entirely within the s boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; the location of private wells and septic system must be located entirely within the i boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; i the existing use(s) on adjacent lands; the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; if access to the subject land Is by water only, the location of the parking and boat docking facilities to be used, - the location and nature of any easement affecting the subject land. Dated at the . County o; Norfolk i this day of October 20 20 SIGNATURE OF APPLICANT(S),WOCITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION Ile . David Roe of the Of in the County of Norf I solemnly declare that all the information contained in this application is true; and I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the County of Norfolk in the Province of Ontario C.�this I � day of October ig ature Signature 20 20 ommissioner, etc. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's authorization must accompany the application, If the applicant is a corporation acting without agent or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must be affixed. Baabt:th Ann Catarino,a Comnesstoner,etc. Province of Ontario for John 8,Hansetrnan,Barrier and Saiditnr Evores Dacernbert9,2921 AUTHORIZATION TO APPOINT AN AGENT NOTE-This form is only To be used for appiications, which are to be signed by someone other than the owner(s), To., Secretary-Mmasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: Part of Lot 21, Concession 9 (Bayham) IiVle,the undersigned, being the registered owner(s)of the above lands hereby authorize David Roe , Civic Planning Solutions Inc. �of Norfolk County to_ (Agents Name/Names) (Agents City,"Town of Residence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (2) appear on my behalf at any hearings)of the application; and k3, provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the Munirlpal`.J� of Bayham this day of October 20 20 ifr tr --�8ignature na re of ss Sig ol Wwn- A Signature of Witness Signature of Owner Signature o', VVitness r--- 1 Sig.nature of 0 wner LOT 20 CONCESSION g GEOGRAPHIC TOWNSHIP OF BAYHAM 76.919 ' PO4 ALL6IANC BET1�EN LOTS 20 AND 21 R If' BY-LAW �5w ) PART 4 11R - 2031 LOT 21 r c Ta, �b ' y ;:D �AR 76620 s _ G .3 m T 7�Op {• rtv ' O f ) p 79.ZZ L 1 1. PAR L 0 �$ c Y� 76.2oo, a m 11R — 9055 t0 9 PARCEL 6 I n I 7 tir Tl m m m s > €p 0 12 to Z7 0 (5 0 R i n CL a C c c = C Z Z m O CD L, O O O 7 ca C1 ❑J y ;C i E C E I V ED Application #2 Parcel #5 on Sketch OCT 16 2020 Elgin MUNICIPALITY BAYHAM APPLICATION FOR CONSENT 1 Name of Approval Authority _ ELGIN COUNTY.-.::;ND QIVIS'Q'N CQlu1MI_FT—E 2. Name of Owner John Stewart Address 54965 Eden Line, Eden, ON NOJ 1 HO Telephone Number 519-866-5828 Email _ Name of owner's solicitor or authorized agent nain _Solutions Inc. Address 599 Larch Street, Delhi, ON N413 3A7 Telephone Number 519-582-1174 _Email civicplanningsolutionsQnor-del.com_ Please specify to whom all communications should be sent: Owners F1 Solicitor t ! Agent El 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: X creation of a new lot Other: 171 mortgage/charge _�_ addition to a lot lease surplus farm dwelling easement/R.O.W. technical severance correction of title other(specify) (b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: unknown (c) if a lot addition, identify the assessment roll number and property owner of the lands to which the parcel will be added: 4, (a) Location of land: Municipality 118yham Concession No. Lot(s) No, 21 Registered Plan No. Name of Street_ Eden Line Street No. and/or 911 No. Not assigned Assessment Roll No. 340100000611240 (b) Are there any easements or restrictive covenants affecting the subject land? Yes No o If Yes, describe the easement or covenant and its effect: 4 5 Description of land intended to be severed: (Accurate Measurements in Metric) Parcel#5 on Sketch Frontage 35m . Depth 46.2m Area 2665.8m2 Existing Use Vacant lands _ Proposed Use Residential Number and use of buildings and structures on the land to be severed: Existing Vacar + lands Proposed Residential 6- Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 140.21 m Depth 76.2m Area 11000.5m2 Existing Use Vacant lands Proposed Use Number and use of buildings and structures on the land to be retained: Existing _ Vacgntlanda Proposed Residential 7. Number of new lots proposed (including retained lots) 2 B. Type of access for proposed and retained lot: f0eck appropriate space) TYPE PRC)FIO i=D LOT I_ETA11_NEQ LOT Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained 0 Other public road C3 Right Of Way 0 Water access 0 0 If proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) 9_ (a) What type of water supply is proposed: (check appropriate space) TYPE PROEOSE0 TAINF.r) LOT Publicly owned and operated piped water system (el) Privately owned and operated individual well G-1 Privately owned and operated communal well r� C Lake or other water body Other means (specify) 5 (b) Jf existing water s+jpply is provided from a privately owned and operated indlvidaaJ/ communal well, the owner shall be required to provide written confirmation from a licensed well installer that the private well provides the quality and quantity Of potabie water required by Provincial standards. (Written confirmation to be attached to the Application) 10. (a) What type Of sewage disposal is proposed; (check appropriate space) `TYPE PROr OSFD IOT RETAINED LOT Publicly owned and operated sanitary sewage system Privately owned and operated individual septic tank ( ' E } Privately owned and operated communal septic system Other means (specify) (b) If existing sewage disposal is privately owned, the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? Prior to construction of house on severed lot 12. What is the existing Official Plan designation(s) of the subject land? Hamlet 13. What is the existing Zoning designation(s) of the subject land? HR h2 14. Has the subject land ever been the subject of an application for approval of a plan of subdivi under the Planning Act? Yes 11 No FX I Unknown If Yes, and known, provide the application file number and the decision made on the application 15. 1f this application is a re-submission of a previous consent application, describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes ( No G 6 (b) If the answer to (a) is Yes; please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Date parcel created 17, If this application is for a lot addition, has the lot to be enlarged ever been the subject of a previous severance? Yes ❑ No If Yes, provide the previous severance File No. 18. If the application involves the severance of a surplus farmhouse (through farm consolidation), please complete attached Appendix"C"—"Surplus Farm Dwelling Information Form". (Completed Appendix"C"to be attached to the Application) 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes �x } No i) Now used for livestock? Yes No x ii) Capable of being used for livestock? Yes No (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation (MDS) document-implementation Guideline#6. 20, Is the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future? Yes M No (71 21. is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes 0 No 1 1 If Yes, and known, specify the Ministry file number and status of the application 22. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor variance, or approval of a plan of subdivision? Yes ED No E 7 If Yes, and known, specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1) of the Planning Act? Yes xI No El (b) if Yes, identify policies from the Provincial Policy Statement 2014 to support this application for consent Residential development within a designated hamlet 24. Is the subject land within an area designated under any provincial plan or plans? Yes (F� No 0 If Yes, does the application conform to or conflict with the applicable provincial plan or plans 25. Did pre consultation occur with the iocal Municipality and other agencies (if applicable)? Yes No (t_! Enter date of consultation and contact person contact with Margaret Underhill at Bayham 26. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 27. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b) of Bill 49, Chapter 63, S.O. 1989, being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards, 28. DETAILED SKETCH: The application shall be accompanied by a detailed sketch showing the following: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest municipal lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas; - the location of private wells and septic system must be located entirely within the a boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; the existing use(s) on adjacent lands; the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; if access to the subject land is by water only, the location of the parking and boat docking facilities to be used: - the location and nature of any easement affecting the subject land. Dated at the County of Norfolk this ` day of October 20 20 �r SIGNATURE OF APPLICANT(S),"SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION I/We David Roe of the Of in the County of Norfolk solemnly declare that all the information contained in this application is true, and I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the County of Norfolk in the Province of Ontario Signature this ��` day of October Signature 20 20 A Commissioner, etc. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must be affixed. Eftabeth Ann Catarino,a CO^missroner.etc. Proyfnm of Ontario { ,or JcAln R.Hensetman.9arpstar and 601010r E,*ss December 19.2021t AUTHORIZATION TO APPOINT AN AGENT NOTE*This form is only to be used for applications, which are to be signed by someone other than the owner(s), To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: Part of Lot 21, Concession 9 (Bayham) IY'Ple,the undersigned, being the registered owner(s)of the above lands hereby authorize David Roe , Civic Planning Solutions Inc. - of Norfolk County to (Agents Name/Names) (Agents City/Town of Residence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (2) appear on my behalf at any hearing(s)of the application;and (3) provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at+he K-11mirjRality of _Bayham iris day of October 20 20 signature of kydness Signa repo wn-e?4-� ignatur,If NAIdn Signature of Witness Signature oflOwner VA RT Signature o,"Kitness Signature of Owner LOT 20 CONCESSION 9 GEOGRAPHIC TOWNSHIP OF BAYHAM ROA ALLOWANCE ETWV8-�K LOTS 20 AND 21 ` er u�u PFCEL 1 f � BAR T 4 x xR — 2031 + k SOT 21 P)�qCLrL\2 CD k z o � Fe,xco 3 REL r 'o r -0 r r -o r -4 a -o J� J� J� J� n o PARS 4 Qlrrl 03 -NORTH P CD co < < (D a f�AIQ 76.200 71R _ goSS r p iv O PARCEL 6 , ' I Y CL Li O Il ,..,`L ru U} r aCL � a > p � m Q � 7J � � C C 3 O © K ( cL L1 @ tZJ N Tw] w G7 U. 3 a Lp c cD K R' c " 'D Severance 43 Parcel 4 on Sketch MUNICIPALITY BAYHAM APPLICATION FOR CONSENT 1. Name of Approval Authority ELGIN COUNTY,LAND DIVISION COMMIUM 2. Name of Owner John Stewart Address 54965 Eden Line, Eden, ON NOJ 1 HO Telephone Number 519-866-5828 Email Name of owner's solicitor or authorized agent —Devid.Roe, Civic Planning Solutions Inca Address 599 Larch Street, Delhi, ON N413 3A7 Telephone Number 519-582-11.74 _Email civicplanning_5olutions@nor-del.com Please specify to whom all communications should be sent: — Owners Solicitor Agent 1 " i S, (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: creation of a new lot Other: mortgage/charge addition to a lot lease surplus farm dwelling easement/R.O.W. technical Severance �F correction,of title other(specify) (b) Name of person(s), if known, to whom land br interest in land is to be transferred, leased or charged: unknown (c) if a lot addition, identify the assessment roll number and property owner of the lands to which the parcel will be added. 4, (a) Location of land: Municipality vh;i m Concession No. Lot(s) No. 2J Registered Plan No. Name of Street Edgn Line Street No.and/or 911 No. Not assigned Assessment Rolf No. 340100000611240 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ❑ No a if Yes,describe the easement or covenant and its effect; 4 5. Description of land intended to be severed: (Accurate Measurements in Metric)Parcel#4 on Sketch Frontage 35m Depth 76.2m Area 2665.8m2 Existing Use Vacant lands Proposed Use ._Residential Number and use of buildings and structures on the land to be severed: Existing Vacant lands Proposed Residential 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 105.21 m Depth 76.2m Area 8334.7m2 Existing Use Vacant lands Proposed Use . Residential Number and use of buildings and structures on the land to be retained: Existing Proposed Residential 7. Number of new lots proposed (including retained lets) 2 8, Type of access for proposed and retained lot'. (check appropriate space) 7YP L PROPOSED LOT RETAINED LOT Provincial Highway Municipal road, maintained all year V x t' Municipal road, seasonally maintained 0 Other public road (lam Cl Right Of Way 0 0 Water access ij 0 If proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) 9. (a) What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system Privately owned and operated individual well Privately owned and operated communal well Lake or other water body { Other means (specify) LOT 20 CONCESSION GEOGRAPHIC TOWNSHIP OF BAYHAM ROA ALL ANCE�ETWEE LOTS 20 AND 21 tq OSED er BY-LAW E3565M ARC 1 w PART 4 11R - 2031 LOT 21 � r q .zno o a s y 5 P CLrL CL r1l � c o r s 0 � R� 3 ZE w NORTH PARCEL 5 � w o ;a cn i C(A < G b Cd CD y�y f b 8- PAy Z 76.200 11 Q 9055 Fg1 (0,-4 PARCEL 6 E I v E Severance#4 Parcel 3 on Sketch 00 I 16 2020 y 7T _ l i } U. MUNICIPALITY WHAN APPLICATION FOR CONSSNT 1, Name of Approval Authority ELGfN COUNTY LAND DiVlS10N COMINCT'rflE _ 2. Name of Owner John Stewart -- Address 54965 Eden Line,Eden, ON NOJ 1 HO Telephone Number �519-866-5828 Email Name of owner's solicitor or authorized agent ir, PlandogSolutions Inc. Address 599 Larch Street, Delhi, ON N44B 3A7 Telephone Number 519-582-1174 Email _cl*vicUlanningsolutions@nor-del.com Please specify to whom all communications should be sent: Owners Solicitor Agent a 8. (a) Type and purposa of proposed transaction (check appropriate space) Transfer: creation of a new lot Other: mortgagetcharge addition to a lot lease surplus farm dwelling easement/R.O.W. technical severance _correction of title other(specify) (b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: unknown (c) if a lot addition, identify the assessment roll number and property owner of the lands to which the parcel will be added: 4. (a) Location of land: Municipality—Ba;ybarn _ Concession No. Lot(s) No. 91_ Registered Plan No.. Name of Street Eden Line Street No. and/or 911 No. Not assigned Assessment Roll No. 340100000611240 (b) Are there any easements or restrictive covenants affecting the subject land? Yes F� No Fx� If Yes, describe the easement or covenant and its effect: 4 Description of land intended to be severed: (Accurate Measurements in Metric) Parcel 3 on Sketch Frontage 35m Depth _76.2m Area 2665.8m2 Existing Use --LaQant lands _ Proposed Use Residential Number and use of buildings and structures on the land to be severed: Existing VaGant lands Proposed Residential Description of land intended to be retained: (accurate Measurements in Metric) Frontage 70.21 m Depth 76.2m Area 5668.9m2 Existing Use Vacant lands _— Proposed Use Number and use of buildings and structures on the land to be retained: Existing VAC'.A [ la Proposed Residential 7- Number of new lots proposed (including retained lots) 2 8, Type of access for proposed and retained lot:: (check appropriate space) TYPE PROPOSED LOT l9-ETA ItV1=Q LOT Provincial Highway (D Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access If proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) S. (a) What type of water supply is proposed: (check appropriate space) TYPE PaQPOED LOT RETAINED LOT Publicly owned and operated piped water system { Privately owned and operated individual well l� Privately owned and operated communal well Lake or other water body tj Other means (specify) 5 LOT . 0 CONCESSION GEOGRAPHIC TOWNSHIP OF BAYHAM 7s.srs �, t C}A� ALLOT CE B TWEE LOTS 20 AND 1 a Y BY-LAW E3565M PART 4 1IR — p r CD LOT 1 PARCEL CD ARCL Or,Fs 8 Cb a o M JI IF -{3 n �CF CA 46 CA co ��} off, o r zQ1 0 PARCEL 4 tTi - r77 47 NOR - PEL 03 �CL ro Q p CD o PA47- 76,206 PARCEL b I LiSeverance#5 � 0o Parcel 2 on Sketch MUNICIPALITY BAYHM APPLICATION FOR CONSENT 1. Name of Approval Authority ELGIN COUNTY LAND DIVISION COMMITTEE 2, Name of Owner John Stewart Address 54965 Eden Line, Eden, ON NOJ 1 HO Telephone Number 519-866-5828 Email - Name of owner's solicitor or authorized agent —avid Poe . 0vir. Planning Solutions Inc. Address 599 Larch Street, Delhi, ON N4B 3A7 Telephone Number 519-582-1174 Email civicniannin-gsolutions@,nor-del.com Please specify to whom all communications should be sent: Owners El Solicitor F� Agent M 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer; x creation of a new lot Other; mortgagelcharge �Q—addition to a lot 71 lease surplus farm dwelling easement/R O.W_ technical severance correction of title other(specify) (b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: unknown (c) If a lot addition, identify the assessment roll number and property owner of the lands to which the parcel will be added: 4. (a) Location of land: Municipality Bay ham Concession No. B Lots) No. 21, Registered Plan No, Name of Street Eden Line_ _ Street No. and/or 911 No. Not assigned Assessment Roll No. 340100000611240 (b) Are there any easements or restrictive covenants affecting the subject land? {es No F If Yes, describe the easement or covenant and its effect: 4 Description of land intended to be severed: (Accurate Measurements in Metric) Parcel 2 on Sketch Frontage 35m —— Depth 76.2m Area 2665.8m2 Existing Use cant Ignd' Proposed Use Residential Number and use of buildings and structures on the land to be severed Existing Vacant lands Proposed Residential B. Description of land intended to be retained: (Accurate Measurements in Metric) parcel 1 on Sketch Frontage 35,21 m Repth 76.2m Area 3003.1 m2 Existing Use Vacant lands Proposed Use gag;ejantlsl Number and use of buildings and structures on the land to be retained: Existing !an_;; t land& Proposed Residential 7, Number of new lots proposed (including retained lots) 2— — 8, Type of access for proposed and retained lot: (check appropria}e space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway {[j G Municipal road, maintained all year l� U X I Municipal road, seasonally maintained Other public road { Bight Of Way Water access C If proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) _ 9. (a) What type of water supply is proposed: (check appropriate space) TYPE F'DSED LOT RETAINED LOT Publicly owned and operated piped water system 0 Privately owned and operated individual well Privately owned and operated communal well 0 Lake or other water body 0 Other means (specify) 5 LOT 20 CONCESSION .9 GEOGRAPHIC TOWNSHIP OF BAYHAM X919 - ROA ALLOW OE TVV LOTS 20 AND21 saos�n�81y BY-UW E35Mi REL I PART 4 11R - 2031 t LOT 21 7ffAR c� � a g PARCEL 3Z v 0 ,tCo ctrZA m ' 2vo s..�NORTH PF? EL i t :[7 Cn N 76.260 C -� m oo CL m �1 o >>R _ 9055 PARCEL 6 �\9 IBI GROUP I I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham Date October 28, 2020 From Ivana Osojnicki Project No 3404-789 cc William Pol, MCIP, RPP Subject John Stewart- Eden Line -Application for Consent E45/20, E46/20, E47/20, E48/20, and E49/20 1. We have completed our review of Consent Application E45/20, E46/20, E47/20, E48/20, and E49/20 submitted by David Roe (Civic Planning Solutions Inc.) on behalf of his client, John Stewart, for lands legally known as Part of Lot 21 Concession 9 Bayham, Part of Road Allowance between Lot 20 and Lot 21 Concession 9 Bayham closed by E356506, designated as Part 1, 11 R-9055; Bayham, north side and west side of Plank Road. The applicant is requesting to sever four (4) 2,666 sq. m (28,694 sq. ft) parcels of land for the purpose of developing four(4) single detached dwellings. A single detached dwelling will also be developed on the retained parcel. The applicant is also requesting to sever a 388 sq. m (4,181 sq. ft) parcel of land, which will be added to an access for the adjacent property to the north. The lands are designated Hamlets on Schedule 'Al' Municipality of Bayham: Land Use in the Municipality of Bayham Official Plan. The lands are zoned Hamlet Residential with a Holding Zone (HR(h2)) on Schedule `D' Eden in Zoning By-law Z456-2003. 2. The existing lot is 14,357 sq. m (154,537 sq. ft) in area with 183.8 m (603.1 ft) of frontage on Eden Line. These lands are currently vacant. Surrounding uses are agricultural to the north, low-density residential to the east, estate residential to the south, and agricultural to the west and southwest. Consent application E45/20 will create a 388 sq. m (4,181 sq. ft) parcel with 5.1 m (16.7 ft) of frontage, which will be added to the rear lands owned by Eden Elevators Limited. Consent applications E46/20, E47/20, E48/20, and E49/20 will each create a single detached lot with an area of 2,666 sq. m (28,694 sq. ft), a lot depth of 76.2 m (250 ft), and a frontage of 35.0 m (115.8 ft) on Eden Line. The retained parcel will be 3,003 sq. m (32,325 sq. ft) in area, with 35.2 m (115.5 ft) of frontage on Eden Line. I The subject lands are designated Hamlets by the Municipality of Bayham Official Plan. The principal land use function within this designation is intended to be clusters of non-farm residential development in the form of single detached dwellings and other low/medium density development. The proposed Consent applications are in keeping with this policy direction. 1131 Group is a group of firms providing professional services and is affiliated with 1131 Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—October 28,2020 4. Section 4.4.2.2 of the Official Plan states that Consents will generally be discouraged and only granted when a Plan of Subdivision is clearly not required to protect the public interest. This policy states that Consents for boundary adjustment purposes will be permitted where they adhere to principles of good planning, will not result with land use conflicts, and will conform to zoning regulations. Consent application E45/20 will allow the access to the rear lands to meet the applicable 20.0 m (65.6 ft)frontage requirements within the HR Zone. Land use conflicts between the residential uses along Eden Line and the agricultural use to the north are anticipated to be mitigated through this lot addition. As a result, it is our opinion that this Consent will promote good land use planning in the area. 5. Section 4.4.2.2 of the Official Plan sets out criteria for Consents within the Hamlet designation, which includes requiring that no extension of municipal services is required, where land fronts on an existing public road, and where the Hamlet area will not be extended unduly. The subject lands are not municipally serviced. The lands front on to a municipal road, Eden Line. The lands already exist within the Hamlet of Eden. The applicant will be required to demonstrate to the Municipality that the proposed dwellings can be adequately serviced by private infrastructure. Severed lands are required to be appropriately sized and to conform to zoning regulations. Consent applications E46/20, E47/20, E48/20, and E49/20 will create parcels of lands which are 2,666 sq. m (28,694 sq. ft) in area, while lots in the HR zone with no public water supply or sanitary sewage disposal services are required to be 1,390 sq. m (14,961.8 sq. ft) in area. The proposed severed parcels will each have 35.0 m (114.8 ft) of frontage on Eden Line, while the minimum lot frontage requirement within the HR Zone is 20.0 m (65.6 ft). Each of these lots will be 76.2 m (250.0 ft) in depth, which may allow one (1) single detached dwelling to be developed on each proposed severed parcel which meets the remainder of the HR zoning requirements. Consents will not be granted where they will result in traffic hazards or will interfere with access to interior lands. It is not anticipated that the proposed severed parcels will result in either of these impacts. 6. The subject lands are zoned the HR(h2) zone in Zoning By-law Z456-2003, where a single-detached dwelling is a listed permitted use. The proposed retained parcel will be 3,003 sq. m (32,324 sq. ft) in area with 35.2 m (115.5 ft) in frontage, in compliance with HR zoning regulations. The depth of the proposed retained parcel is 76.2 m (250.0 ft), therefore one (1) single detached dwelling may be developed which complies with zoning. 7. The proposed severed parcel created by Consent application E45/20 will be added to an access to the rear lands, causing this access to have a frontage of 20.1 m (65.9 ft), while the minimum frontage requirement in the HR Zone is 20.0 m (65.6 ft). The area of this property will increase to 1,117,807 sq. m (12,031,963 sq. ft), which meets the area requirement within the HR Zone of 1,390 sq. m (14,961.8 sq. ft)for properties IBI GROUP MEMORANDUM 8 Municipality of Bayham—October 28,2020 without municipal services. This Consent will not impact any other applicable zoning regulations. 8. The proposed severed parcels created by Consent applications E46/20, E47/20, E48/20, and E49/20 will create parcels of lands which are 2,666 sq. m (28,694 sq. ft) in area, while lots in the HR Zone with no public water supply or sanitary sewage disposal services are required to be 1,390 sq. m (14,961.8 sq. ft) in area. The proposed severed parcels will each have 35.0 m (114.8 ft) of frontage on Eden Line, while the minimum lot frontage requirement within the HR Zone is 20.0 m (65.6 ft). Each of these lots will be 76.2 m (250.0 ft) in depth, which may allow single detached dwellings to be developed which meet the remainder of the HR Zoning requirements. 9. Based on the above review of Consent Applications E45/20, E46/20, E47/20, E48120, and E49/20, we have no objection to the proposed Consent to create four (4) additional lots in the Hamlet of Eden and recommend the following Conditions for Consent Approval: a) That the applicant provide a Letter of Undertaking for the proposed severed parcel to merge with the rear lands; b) That the applicant merge the proposed severed parcel on title with the rear lands; c) That the applicant obtain a Zoning By-law Amendment to remove the Holding (h2) Zoning; d) That the applicant provide conceptual servicing plans to demonstrate that the proposed residential lots created by Consent Applications E46/20, E47/20, E48/20, and E49/20 can be serviced by private water supply and sanitary sewage disposal services. e) That the applicant provide preliminary lot grading plans to demonstrate that the proposed residential lots created by Consent Applications E46/20, E47/20, E48/20, and E49/20 will not have a negative drainage impact on abutting lots. f) That the applicant apply and pay all fees to the Municipality with respect to Civic Addressing/signage for the severed lots. g) That the applicant provide a Planning Report Fee payable to the Municipality of Bayham. h) That the applicant provide parkland dedication fee of$2,000 to the Municipality of Bayham for the new lots in accordance with By-Law 2020-053. IBI Group Ivana Osojnicki Consulting Planner to the Municipality of Bayham NOYMA - REPORT DEVELOPMENT SERVICES o .unity -to ° TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: November 5, 2020 REPORT: DS-74/20 FILE NO. C-07 / D09.20 Underhill G Roll # 3401-000-001-01410 SUBJECT: Consent Application E43/20 Gregory Underhill Farms Limited BACKGROUND: Consent application E43-20 was received from the Elgin County Land Division Committee submitted by Gregory Underhill Farms Limited proposing to sever a 0.56 ha (1.38 ac) parcel and retain 33.75 ha (83.4 ac), Part Lots 11 and 12 Concession 1, known municipally as 55309 Orchard Line for the purpose of severing a surplus farm dwelling. The subject lands are designated "Agriculture", "Natural Heritage" and "Mineral Aggregate", on Schedule "Al" Municipality of Bayham: Land Use and "Hazard Lands" and "Significant Woodlands" on Schedule "A2" Municipality of Bayham: Constraints of the Official Plan. The lands are zoned Agriculture (Al) and LPRCA Regulation Limit on Schedule "A" Map No. 13 in the Zoning By-law No. Z456-2003 Elgin County Land Division Committee will consider the application on November 25, 2020. DISCUSSION: The proposal suggests creating a residential parcel encompassing the dwelling and garage with no new structures proposed. The applicant exhibited through the application that the severance of a surplus farm dwelling qualifies through farm consolidation with the owner's dwelling located at 55032 Vienna Line in the same ownership and is farmed and operated under the corporate farm operation, Gregory Underhill Farms Limited. The planner's memorandum dated October 28, 2020 analyzes the application subject to the Provincial Policy Statement 2020, Elgin County Official Plan, Bayham Official Plan and Bayham Zoning By-law regulations. Rezoning is required — retained lands to the Special Agriculture (A2) zone that prohibits future residential development on the lands; severed lands to a site-specific Rural Residential (RR-XX) zone to permit residential use and to prohibit the keeping of livestock. Staff Report DS-74/20 G Underhill 2 Staff and planner recommend Council's support of the application with the listed conditions as a supplementary farm dwelling. ATTACHMENTS 1. Consent Application E43/20 2. IBI Memorandum dated October 28, 2020 RECOMMENDATION THAT Report DS-74/20 regarding Consent Application E43/20 Gregory Underhill Farms Limited be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E43/20 be granted subject to the following conditions: 1. Rezoning of both the severed and retained parcels 2. Planning Report fee payable to the municipality 3. Digital Copy of the final survey provided to the municipality 4. Purchase a Municipality of Bayham Road Access Permit for the retained lands 5. Purchase civic number sign for the retained lands Respectfully Submitted by: Reviewed by: Margaret Underhill a Deputy Clerk/Planning Coordinator CcAnmlellr- E C I V E E 43-20 __ ._ OCT 16 LDc NO vol El f i �� MUNICIPALITYBAYHAM n — -- — - �- APPLICATION FO�t.CONSENT i. Name of Approval-Autharlty EL IN COUNTY LANt) OIVISI N CO ITTEE __ 2. Name Qwner Gregor/ UnderhfltFarms-Umifad .Address _55032 Menna-Line, Part Burwell, ON Noi-i Telephone-Number 226-456-1090 Email - -- Name-W-own or's salieitoF or authorized agent David Roe;-- Iv+c-Planning Solutions Inc. Address. — 5$9 Larcli Street, DiNhi, ON N48 3A7 Telephone-Number 5-.-9-5$ ,1117.E —Email-dvicpIanmngSQ1u6on5 nor-clei.com Please-specify to whomall communications should ba-sent- Owners _ -Solicitor 3 (a)- Type-and purpose-of proposed transaction -(check-apgr pna e space Transfer; creation of a new lot Other. tB mortgage/charge addition to a 1ot lease -oWTluVarm d% elling easement/R.O.W. technk-al severance — correction of title - other-(specify)- - (b) Name of-personfs-- , if nown,tD-whorr land'or,intereat in lawn is to e trans e err d el ased or - — charged; _ unknown (c) If a iot addition, identify the assessment roil number_.and-property-owner-of4he+arvds-ter whi&y- parcel will be added: -4.- -(a).. Location of iartd: unicipali Concession No 1 Lot(s) Igo. 11 and-1- egis ere lan Name-of-Street Clrichard-Une - Street No- andlor 911 No- 55300 - - Assessment-RoI No.-340-i90000101.4fi{30fiO (b) Are there-any easernents or restOctive�-cover-ants`affe-cting the subject and - -- - Yes,659 'Iba theeasement or covenant and its effect: 4 E 43-20 Description of land intended to be severed: (Accurate Measurements in Metric) Frontage 22m Depth 108.15m Area 0.56ha (1.38ac) Existing Use Agricultural -� Proposed Use Agricultural Number and use of buildings and structures on the land to be severed: Existing House and garage Proposed Nothing 6, Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 358m Depth 747m Area 33.75ha (83.4ac) Existing Use Agricultural Proposed Use _Agricultural Number and use of buildings and structures on the land to be retained: Existing Vacant Proposed Nothing 7, Number of new lots proposed (including retained lots) 8_ Type of access for proposed and retained lot, (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway { Municipal road, maintained all year Municipal road, seasonally maintained Other public road (� Right Of Way Water access If proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) 9_ (a) What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LDT Publicly owned and operated piped water system ~L_J' () Privately owned and operated individual well T � Privately owned and operated communal well 0 Lake or other water body 0 Other means (specify) E 43-2© (b) If existing water-supply-is-provided-Fro privately owned and operated individual/ communal well, the owner shall be required to_provide wdtten_confrr-oration--firon-alicense-d well installer that the private well provides the quality and quantity of potable water required -----by Provincial startclardS. i Witten confirmation to be attached to the Application) 10. _(a) What type-of-sewage.disposal-is-proposed:--(cheel€appropriate space) F PROPOSED LD_T .-RE!61 ED LET -P-ublicly-awned-and-operated-sanitary-sewage- system - -Privately owned and operated individual septic tank Privately owned and operated communal septic _ sy�m - — Other means (specify) -- (b) If existing sewage dispiosal i%privately-Owned, the owner shall-b"equired-to-provide-written confirmation from a Iicensad septic Installer that the system is in satisfactory operating —condition. (Written confirmation to be attar a tot a Application) . When-wilf water supply an sewage disposal servicesa be available? House-has-municipa+water and uses-a"PTivat septic system 1 What!s ttT(existing Official Pa�signation(s)of the subject land? Agricultural and Mineral Aggregate 13, -What-is-Ahe.existing-Zoning desigrrati and?Al 14. Has the subject land ever bean_tbe-subjectof-are-apph ation--€orapprovat ofa-plan-o subdiv' under the Planning Act? Yes 0 No Unknown If Yes and known, nrnvidethe-application file rt mber and the.deNsion made-orrtheapplica Ilan 15, If this-application is a re-submissiori-of-a-provious con Eent-application,describe-how-it has$ rr cteanged.from the.-original�pplicatiori - — 16,--(a) Has-there been any previous severances-of land hom-this holding? Yes-- N❑ &I 8 E 43-20 (b) If the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Date parcel created 17. If this application is for a lot addition, has the lot to be enlarged ever been the subject of a previous severance? Yes F-1 No If Yes, provide the previous severance File No. 18. If the application involves the severance of a surplus farmhouse(through farm consolidation), please complete attached Appendix"C"—"Surplus Farm Dwelling Information Form". (Completed Appendix"C"to be attached to the Application) 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes No i) Now used for livestock? Yes No ii) Capable of being used for livestock? Yes No (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation (MDS)document-Implementation Guideline#6. 20. Is the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future? yu:; H No W] 21. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ❑ No a If Yes, and known, specify the Ministry file number and status of the application 22. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor variance, or approval of a plan of subdivision? Yes Z No 7 E 43-20 If Yes, and known, specify the appropriate file number and status of the application to be submitted 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1) of the Planning Act? Yes F7 No 1� (b) If Yes, identify policies from the Provincial Policy Statement 2014 to support this application for consent Section 2.3.4.1 c) surplus farm dwelling severance 24. Is the subject land within an area designated under any provincial plan or plans? Yes (Q No If Yes, does the application conform to or conflict with the applicable provincial plan or plans 25. Did pre consultation occur with the local Municipality and other agencies (if applicable)? Yes 0 No (F-1 Enter date of consultation and contact person Margaret Underhill Township of Bayham August 2020 26. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 27. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b) of Bill 49, Chapter 63, S.O. 1989, being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. 28. DETAILED SKETCH: The application shall be accompanied by a detailed sketch showing the following: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; the distance between the subject land and the nearest municipal lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas; the location of private wells and septic system must be located entirely within the 8 E 43-20 boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; the existing use(s)on adjacent lands; the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; if access to the subject land is by water only, the location of the parking and boat docking facilities to be used; the location and nature of any easement affecting the subject land. Dated at the Municipality of Bayham this day of September 20 20 SIGNATURE OF APPLICANT(S), SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION I/We David Roe __. of the of _ in the County of Norfolk solemnly declare that all the information contained in this application is true, and I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the r off in they �j C - Signatu this J�[`'-4 day of �;t�- {..���..� � - — pille Signature 20 cv A Commissioner, etc. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must be affixed. Eklaboth Arm Catwft,a commr r,e.. Pra'Ance of pr ano for John P.Hanse!man,aerrister and Sal dW EXPkeS DOCernber t$.2021 E 43-20 AUTHORIZATION TO APPOINT AN AGENT NOTE: This form is only to be used for applications, which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: 55309 Orchard Line, Bayharn Concession 1 , Lots 11 and 12 I/We, the undersigned, being the registered owner(s)of the above lands hereby authorize David Roe Of Norfolk County to: (Agents Name/Names) (Agents City/Town of Residence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (2) appear on my behalf at any hearing(s) of the application; and (3) provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the Municipality of Bayham this A: day of September 2020 i *gnature of Witness Signat re of Own i Signature of Witness Signature of Owner Signature of Witness Signature of Owner 11 AREA OF PARCEL "A" SKETCH FOR PROPOSED SEI ERENCE 0.56 HECTARES PART OF LOT 11 CONCESSION 1 GE06RAPI-IC TOWNSHP Of' BA YI—MM MWIPALIT)' OF HA YHA/7 COUNTY OF E L I NOT TO SCALE Q4f 7•, f i1rj �•1� - 5z 4Y 4ti f f� .00 <J+ItI f) f c' r co i Lu To 'f- fr+ i + L—-J ,-GARAGE 54_5 S.4-bA , '�'k DWELLING ON MUNICIPAL WATER •' ry WDOOD DECK AGRICU LTURAL KIM HUSTED SURVEYING LTD. 4r. TO BE RETAINED ONTARIO LAND SURVEYOR 30 HARVEY STREET, TLLSONBLM ONTARD. W PH OW. FAX 519-842--VoM L70JECT: 20-1%24 REFER: F.E C:UssersWslwstDesMoPt&m SfiWGREWULY20 2424126.15024QU-15624.dwl� ELGIN MAPPING r Legend h n Elgin Parcels Boundary — Elgin Road Network Elgin Road Network Elgin Road Network Retained 83.4ac 747m 607m 1:9,028 r I 6.5 p 0.2# 4S k�mr'pu h-IVus44-{•araQe lrii:n+ap rs a Saa^i yon*ratrU static a(,)UC hupS.rct Init'r+avtmafapny Ate ar�i Is tw ,0eicrxe u+ily.Data layer.*that,pi—r on U&s nwp my cr—y,rat Yx accurate, WGS_1984_Weh_Mercator,Aoziliary_Sphere tunr.+R m illlrnwir••Fr-ar (V Latitude Geographlu Group Ltd, TK9 WAP a%NGI 10 9E LISM FOE NAVIGATIM E 43-20 APPENDIX"C" Surplus Farm Dwelling Information Form in Support of an Application for Consent under the Planning Ac4 R.S.O. 1990 c,P.13,as amended Detak ofsub'ect Uln8s Municipal Address — — - — 55309 Orchard Line_ Legal Description Bayham Concession 1, Part of Lots 11 and 12 Lot Area(metric): Lot Frontage(metric): Lot Depth(metric): Year the surplus dwelling was 0.56ha 122m I108.15m , constructed: Provide confirmation that the surplus dwelling is capable of human habitation,and that it is not a farm help house: the dwelling is currently being occupied by a renter. 2. Proposed t ransactlol7 --_ - Identify the proposed transaction(i.e.the proposed severance) Identify how/why the dwelling is surplus to the needs of the owner/purchasing farmer due to farm consolidation? his farm was aquired for the workable farmland and this dwelling is surplus to the operations needs 3.Qetails of the Lands Farmed by the Person to.whQm.the DwelIIng is.Su rplus To whom is the dwelling surplus? 1! owner o Purchas!22 Farmer Total area of land farmed(metric): Total area of farm land owned (metric): 740ac I 1078ac Identify the locations of all lands farmed by the owner/purchasing farmer: see attached list i 4. Principal Resl6nce of the Own6rlPurch sirs .Fr riner Identify the location of the owner's/purchasing farmer's principal residence: 55332 Vienna Line,Bayham Does the owner/purchasing farmer own or rent their principal residence? A own c Rent Does the owner/purchasing farmer own any other dwellings? A Yes o No If yes, identify the location of all other dwellings owned by the owner/purchasing farmer: 55309 Orchard Line Bayham, 5031Sawmill Road Malahide 14 E 43-20 GUFL FARM LIST Acres 9114 Toatl Acres Acres Workable 15ush FARM NAME Sawmill 5031 Sawmill Road Malahide 98 70 28 Malahide Severance BSR 5634 Brown Road Bayham 200 80 120 Nagy 53009 Calton Line Malahide 94 88 fi Bogus 7441 Bogus Road Bayham 147 70 77 C Davis 53263 Calton Line Malahide 100 75 25 Chute 56970Chute Line Bayham 74 58 16 Brown Farm 54711 Nova Scotia Line Bayham 103 103 0 More 53924 Nova Scotia Line Bayham 128 109 21 Zavita 55309 Orchard Line Bayham 94 41 47 Bayham Severance Fearnley 54971 Nova Scotia Line Bayham A0 40 0 1078 740 340 E 43-20 aiiGorp Drainage & Excavaflng Inc. 1'2709 Imperial Road, R.R. # Springfield, Ontario 1 OL 2JO Cell 519-521-9086 To Whorn it may concern, After inspecting the location of Greg Underhill 55309 Orchard Line, R.R. #1, Port Burwell, Ontario The existing septic system and talc are in good condition, aizd meet the approval of Van #Corp Drainage and Excavating hic. Please contact me for further information if nccded. Dar company B CIN nw-nber is 17382. Please note, we are not respoilslbl for any issues with the weeping bed after the inspection is done. herd s Jason Vats Gorp Gre • r' hill write a 1 IBI GROUP 203-350 Oxford Street West I London ON N61H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham Date October 29, 2020 From Ivana Osojnicki Project No 3404-788 cc William Pol, MCIP, RPP Subject Gregory Underhill Farms Limited - 55309 Orchard Line, Port Burwell -Application for Consent E43/20 1 We have completed our review of Consent Application E43-20 submitted by David Roe (Civic Planning Solutions Inc.) on behalf of Gregory Underhill Farms Limited for the lands located at 55309 Orchard Line, south side, and east of Plank Road. The applicant is requesting a Consent to sever 0.56 ha (1.38 ac) of land and to retain 33.75 ha (83.4 ac) of land. The intent of this Consent is to sever the surplus farm dwelling on the subject lands. The proposed severed parcel is designated Agriculture and Mineral Aggregate Resource Area on Schedule 'Al' Land Use of the Municipality of Bayham Official Plan. The remainder of the subject lands is also designated Natural Gas Reservoir and Natural Heritage. Schedule `A2' Municipality of Bayham: Constraints identifies Significant Woodlands and Hazard Lands on the subject lands as well. The proposed severed parcel is zoned Agricultural (Al) and LPRCA Regulation Limit on Schedule `A' Map No. 14 of Zoning By-law Z456-200. The remainder of the subject lands is also zoned Tourist Commercial (C3) on Schedule `I' Port Burwell. The area of the existing lot is 34.31 ha (84.78 ac). The proposed retained parcel will have a frontage of 358 m (1,175 ft), a depth of 747 m (2,451 ft), and an area of 33.75 ha (83.4 ac). The proposed severed parcel will have a frontage of 22 m (72 ft), a depth of 108 m (354 ft), and an area of 0.56 ha (1.38 ac). The proposed retained parcel is currently occupied by agricultural uses and woodlands. The proposed severed parcel is occupied by a single detached dwelling, a detached garage, and woodlands. Big Otter Creek is adjacent to the eastern lot line of the proposed retained parcel. Agricultural uses exist to the north of the subject lands, while a small cemetery exists to the northeast. Low-rise residential uses are located to the east of Big Otter Creek to the east. Big Otter Marina and Campgrounds exist to the southeast of the subject lands. Woodlands are located directly south of the subject lands. Land uses to the west of the subject lands include agriculture, estate residential development, low-rise residential development, vacant lands, and a small produce market. IBI Group is a group of firms providing professional services and is affiliated with 1131 Group Architects IBI GROUP MEMORANDUM Municipality of Bayham—October 29,2020 3 The proposed severed parcel of the subject lands is designated Agriculture and Mineral Aggregate Resource Area in the Municipality of Bayham Official Plan. Agriculture-related uses, including surplus farm dwellings on separate lots, are permitted within the Agriculture designation of the Official Plan, provided that no compatibility issues are created with adjacent agricultural uses. Section 2.1.7.1 of the Official Plan permits the severance of surplus farm dwellings provided they were built at least ten (10)years prior to the date of the Consent application. Proposed Consents are also required to not result in land use conflicts for any nearby agricultural operations or any other adjacent land uses. A minimum of one (1) existing dwelling must be retained by the farm operation. The applicant has indicated that the subject lands were acquired for the workable farmland, therefore this dwelling is considered surplus to the operational needs of the farm. The applicant owns a principal residence located at 55032 Vienna Line. It is not anticipated that the proposed Consent will produce land use conflicts with any nearby land uses, including agricultural operations. 4. The proposed severed parcel is zoned Agricultural (Al) and is partially within the LPRCA Regulation Limit as per Municipality of Bayham Zoning By-law Z456-2003. A Zoning By-law Amendment will be required to be rezone the proposed severed parcel to a site-specific Rural Residential (RR) Zone as a condition of this Consent application. The proposed severed parcel is 0.56 ha (1.38 ac) in area, whereas the minimum lot area within the RR Zone is 0.4 ha (0.99 ac). The site-specific provisions will be required as the frontage of the proposed severed parcel is 22 m (72 ft), whereas 50 m (164 ft) of frontage is required at minimum within the RR Zone. Additionally, the existing single detached dwelling will also be located 9.4 m (30.8 ft) from the proposed rear lot line, whereas a rear yard depth of 15 m (49 ft) is required at minimum. 5 The proposed retained parcel is subject to Agriculture (Al) and Tourist Commercial (C2) zoning and is also partially within the LPRCA Regulation Limit. The entire retained parcel will be required to be rezoned Special Agricultural Zone (A2), including the portion of the proposed retained parcel zoned C2. This zoning applies to parcels designated Agriculture in the Official Plan where new dwellings are prohibited as a result of a severance of a surplus farm dwelling. The minimum lot area requirement of 20.0 ha (49.4 ac) and lot frontage requirement of 150 m (492 ft)within the A2 zoning will be met by the proposed retained parcel. As there are no buildings/structures on the retained parcel, all other A2 zoning regulations are not currently applicable. 6 Based on the above review of Consent Application E43/20, we have no objection to the proposed Consent to sever a portion of land from 55309 Orchard Line. We further recommend the following conditions for Consent approval: a) That the owner of the proposed severed parcel obtains a Zoning By-law Amendment to rezone the lands from Al to a site-specific RR Zone. IBI GROUP MEMORANDUM Municipality of Bayham—October 29,2020 b) That the owner of the proposed retained parcel obtains a Zoning By-law Amendment to rezone the entire property to an A2 Zone; c) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. uc ,' 40 Uuc, K IBI Group Ivana Osojnicki Consulting Planner to the Municipality of Bayham Page 1 September 8, 2020 ElglnCounty Progressive by Nature ELGIN COUNTY COUNCIL MINUTES September 8, 2020 Council Present: Warden Dave Mennill (in-person) Deputy Warden Duncan McPhail (electronic) Councillor Bob Purcell (electronic) Councillor Sally Martyn (in-person) Councillor Tom Marks (in-person) Councillor Mary French (electronic) Councillor Grant Jones (in-person) Councillor Dominique Giguere (electronic) Councillor Ed Ketchabaw (in-person) Staff Present: Julie Gonyou, Chief Administrative Officer (in-person) Jim Bundschuh, Director of Financial Services (electronic) Stephen Gibson, County Solicitor (in-person) Brian Lima, Director of Engineering Services (electronic) Brian Masschaele, Director of Community and Cultural Services (electronic) Michele Harris, Director of Homes and Senior Services (electronic) Alan Smith, General Manager of Economic Development (electronic) Nancy Pasato, Manager of Planning (electronic) Jennifer Ford, Senior Financial Analyst (electronic) Lisa Czupryna, Senior Financial Analyst (electronic) Katherine Thompson, Supervisor of Legislative Services (in-person) Carolyn Krahn, Legislative Services Coordinator (in-person) 1. CALL TO ORDER Elgin County Council met this 8t" day of September, 2020 in the Council Chambers, at the County Administration Building, St. Thomas at 9:00 a.m. with Warden Mennill in the chair. Some Councillors and staff participated electronically by video conference. 2. ADOPTION OF MINUTES Moved by: Councillor Ketchabaw Seconded by: Councillor Jones Resolved that the minutes of the meeting held on August 11, 2020 be adopted as amended. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. Page 2 September 8, 2020 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 Proclamation — Childhood Cancer Awareness Month — Warden Mennill The Warden proclaimed the month of September as Childhood Cancer Awareness Month in the County of Elgin and commended its thoughtful observance to all citizens of the municipality. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Martyn Seconded by: Councillor Marks Resolved that we do now move into Committee of the Whole Council. 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 Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden's Activity Report — August 2020 —Warden Mennill The Warden provided County Council with a brief update on his recent activities. The Warden thanked Elgin County staff for their efforts in serving Elgin County and provided an update on County operations. Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT the August 31 st, 2020 report titled, Warden's Activity Report and COVID-19 Update, submitted by the Warden, 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 Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Page 3 September 8, 2020 6.2 Final Plan of Subdivision Approval — Kemsley Farms Subdivision — Manager of Planning The Manager of Planning advised Council that final approval was given for a plan of subdivision in the Municipality of Central Elgin on August 13, 2020. Moved by: Councillor Marks Seconded by: Councillor Ketchabaw RESOLVED THAT the September 8t", 2020 report titled, Final Plan of Subdivision Approval Kemsley Farms Subdivision, submitted by the Manager of Planning, 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 Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.3 Elgincentives Analysis: The Approach — General Manager of Economic Development and Tourism The General Manager of Economic Development and Tourism presented an approach to analyze the performance of the Elgincentives program. The results of the analysis will be presented at the end of the year to help Council determine the extent of the County's future support of the program. Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw RESOLVED THAT the August 31 St, 2020, report titled, Elgincentives Analysis: The Approach, 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 Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.4 Modifying Name of John Kenneth Galbraith Reference Library, Dutton — Director of Community and Cultural Services The Director of Community and Cultural Services presented a report recommending that the word "Reference" be dropped from the name of the Dutton branch of the Elgin County Library, thereby modifying the name to John Kenneth Galbraith Library, Dutton. Page 4 September 8, 2020 Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT the name of the Dutton branch of the Elgin County Library be modified from John Kenneth Galbraith Reference Library, Dutton to John Kenneth Galbraith Library, Dutton effective immediately. 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 Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.5 2020/21 Ambulance Funding Update — Senior Financial Analyst The Senior Financial Analyst provided Council with an update on the recent announcements regarding funding for Land Ambulance Services communicated from the Province to the County of Elgin. Moved by: Councillor Marks Seconded by: Councillor Jones RESOLVED THAT the August 25t', 2020 report titled, 2020/2021 Ambulance Funding Update, submitted by the Financial Analyst, be received and filed; and THAT the 2020 budget for Provincial Funding of Land Ambulance be updated as outlined in the report titled, 2020/21 Ambulance Funding Update. 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 Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.6 Homes — Long-Term Care (LTC) Changes in 2020-2021 Funding — Senior Financial Analyst The Senior Financial Analyst provided an overview of the total 2020 per diem funding changes for base level of care and project funding as announced by the Ministry of Health and Long-Term Care. Moved by: Councillor Martyn Seconded by: Councillor Purcell Page 5 September 8, 2020 RESOLVED THAT the August 21 st, 2020, report titled, Homes — Long-Term Care (LTC) Changes in 2020-2021 Funding, submitted by the Senior Financial Analyst, Director of Financial Services and Director of Homes & Senior Services, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.7 July 2020 Financial Update — Director of Financial Services The Director of Financial Services presented a financial update for July 2020. The budget comparison for the County shows unfavourable performance of $39,000 for the month of July, primarily the result of COVID-19 costs, bringing year-to-date favourable performance to $302,000. Moved by: Councillor McPhail Seconded by: Councillor Jones RESOLVED THAT the August 28, 2020, report titled, July 2020 Financial Update, submitted by the Director of Financial Services, be received and filed for information; and, THAT borrowing By-Law No. 20-44 be approved to submit a long-term financing application with Ontario Infrastructure and Lands Corporation (OILC) for $12 million; and, THAT a debenture by-law for the first installment of $6 million be brought forward to the September 22, 2020 Council meeting for Council approval; and, THAT a debenture by-law for the second installment of $6 million be brought forward to a November, 2020 Council meeting for Council approval. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Page 6 September 8, 2020 6.8 Administration Building Accessibility Elevator Addition — Director of Engineering Services The Director of Engineering Services presented a report seeking Council's approval to re-engage the services of L360 Architecture to prepare construction and building permit application design drawings, tender documentation, and provide contract administration services associated with the Administration Building southeast and northeast elevator additions, and front entrance accessibility upgrades. Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT L360 Architecture be retained to review, revise, and update the 2012 Administration Building Southeast Elevator Addition construction and permit plans previously prepared, to comply with all applicable provincial codes, legislation, and standards. In addition, that L360 Architecture provide all the services to the County of Elgin as set out in their January 30th, 2020 fee proposal in the amount of $58,255.00 (excluding HST); and, THAT L360 Architecture also prepare new construction and permit plans for the Administration Building Northeast Elevator Addition. In addition, that L360 Architecture provide all the services to the County of Elgin as set out in their January 30th, 2020 fee proposal in the amount of $81,020.00 (excluding HST); and, THAT the Warden and Chief Administrative Officer be directed and authorized to sign the proposal 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 Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.9 Engineering Services for the Port Bruce Bridge Replacement Expanded Scope of Work — Director of Engineering Services The Director of Engineering Services presented a report regarding the expanded scope of work for the Port Bruce Bridge replacement. Additional archaeological assessment requirements and ongoing delays associated with material delivery resulting from the COVID-19 pandemic require an increase to the scope of engineering services for the balance of the construction project. Moved by: Councillor Giguere Seconded by: Councillor Martyn RESOLVED THAT the August 31 st, 2020 report titled, Engineering Services for the Port Bruce Bridge Replacement Expanded Scope of Work, submitted by the Director of Engineering Services, be received and filed; and, THAT the provision of engineering services associated with the Port Bruce Bridge Replacement previously awarded to K. Smart Associates Limited Consulting Engineers and Planners be increased in the amount of $119,585.77 (excluding HST). Page 7 September 8, 2020 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.10 Elgin/Graham Scott Enns LLP — Short Term Rental — Storage Room 343-A — County Solicitor and Director of Engineering Services The County Solicitor presented a report regarding the short-term rental of Room 343-A in the County Administration Building to Graham Scott Enns LLP, specifically for the period August 1, 2020 to July 21, 2021, and for the sole purpose of storage, to facilitate renovation of its offices to accommodate social distancing amongst its employees. Moved by: Councillor Marks Seconded by: Councillor Jones RESOLVED THAT, for the period August 1, 2020 to July 31, 2021, and at a basic annual rent of$936.00, County Council approve the short-term rental of Room 343- A in the County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, to Graham Scott Enns, for the sole purpose of temporary storage space; and, THAT, County Council approve incorporation of the terms and conditions of such short-term rental arrangement into a Memorandum of Understanding prepared by the County Solicitor; and, THAT, County Council authorize the Warden and Chief Administrative Officer to execute such Memorandum of Understanding prepared by the County Solicitor. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.11 Connectivity Committee Appointment—Supervisor of Legislative Services and Community Relations The Supervisor of Legislative Services and Community Relations presented a report recommending that Council consider appointing Joshua Kiirya as a Community Member on the Connectivity Committee. Page 8 September 8, 2020 Moved by: Councillor Marks Seconded by: Councillor Ketchabaw RESOLVED THAT the August 29th, 2020, report titled, Connectivity Committee Appointment, submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT Joshua Kiirya be appointed as a Community Member of the Connectivity Committee. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.12 Environmental Advisory Committee Appointments — Supervisor of Legislative Services and Community Relations The Supervisor of Legislative Services and Community Relations presented a report regarding six (6) applications received for the Environmental Advisory Committee. Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT the August 25th, 2020, report titled, Environmental Advisory Committee Appointments, submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT Robert Braam, Sarah Emons, Primrose Kisuule, Kim Smale, Ray Price, and Michaela Lenz be appointed as members of the Environmental Advisory Committee. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Page 9 September 8, 2020 6.13 Bill 197, COVID-19 Economic Recovery Act, 2020 Chancres to the Municipal Act and Elgin County Procedural By-law — Supervisor of Legislative Services and Community Relations The Supervisor of Legislative Services and Community Relations presented an overview of the changes made to Schedule 12 of the Municipal Act, 2001, specifically electronic participation in meetings and proxy voting. Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw RESOLVED THAT the August 24th, 2020, report titled, Bill 197, COVID-19 Economic Recovery Act, 2020 Changes to the Municipal Act and Elgin County Procedural By-law, submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT Council of the County of Elgin approve amendments to the Procedural By- Law to provide for the continued option of electronic participation after the Elgin County State of Emergency is lifted; and, THAT Elgin County Council forgo the inclusion of proxy voting in the Procedural By- Law. 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 Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.14 Integrity Commissioner/Closed Meeting Investigator/Ombudsman Agreement Extension with Independent Resolutions Inc. — Supervisor of Legislative Services and Community Relations The Supervisor of Legislative Services and Community Relations presented a report on 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. Moved by: Councillor McPhail Seconded by: Councillor Jones RESOLVED THAT the September 1 st, report titled, Integrity Commissioner/Closed Meeting Investigator/Ombudsman with Independent Resolutions Inc., submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT Elgin County Council enact By-Law No. 20-45, being a by-law to amend By- Law No. 17-42 and extend the appointment of Independent Resolutions Inc. as the Integrity Commissioner, Closed Meeting Investigator and Ombudsman for the County of Elgin; and, THAT the Warden and Chief Administrative Officer be directed and authorized to sign the agreement. Page 10 September 8, 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 Giguere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.15 COVID-19 Emergency Team Planning — August Update — Chief Administrative Officer The Chief Administrative Officer presented the August update on the County's COVID-19 response and commended staff for adapting well to the hybrid approach to service, which allows staff to split their time between working remotely and working from a County facility. Moved by: Councillor Jones Seconded by: Councillor Giguere RESOLVED THAT the September 1, 2020, report titled, COVID-19 Emergency Team Planning — August Update, submitted by the Chief Administrative Officer, 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 Giguere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Information (Consent Agenda) 7.1.1 The Minister of Municipal Affairs and Housing with a letter regarding funding from the federal-provincial Safe Restart Agreement. 7.1.2 The Minister of Agriculture, Food and Rural Affairs with a letter regarding the Security from Trespass and Protecting Food Safety Act, 2020. 7.1.3 Consultant Project Manager, CIMA+, and Director of Engineering Services with a Notice of Online Public Information Centre regarding the Meeks Bridge Replacement — Municipal Class Environmental Assessment Study. 7.1.4 The Municipality of Chatham-Kent with a resolution regarding Emancipation Day in Canada. Page 11 September 8, 2020 7.1.5 SWIFT with their Monthly Project Update for July 2020. 7.1.6 Western Ontario Wardens' Caucus with their August 2020 Update. 7.1.7 The County of Elgin Homes with their September Newsletter. 7.1.8 The Rural Initiatives/Planning Advisory Committee with Draft Minutes from their August 26th Meeting. 7.1.9 The Terrace Lodge Redevelopment Fundraising Committee with Draft Minutes from their August 24th Meeting. Moved by: Councillor Jones Seconded by: Councillor Martyn Resolved that Correspondence Items #1-9 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 Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8. OTHER BUSINESS 8.1 Statements/Inquiries bV Members Councillor Marks announced his intention to run for the position of Warden for 2021. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Ketchabaw Seconded by: Councillor Jones 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 Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Page 12 September 8, 2020 Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 10. CONSIDERATION OF BY-LAWS 10.1 By-Law 20-44 — Approving the Submission of an Application to Ontario Infrastructure and Lands Corporation BEING a By-Law to Approve the Submission of an Application to Ontario Infrastructure and Lands Corporation ("OILC") for the Long-Term Financing of Certain Capital Work(s) of the County of Elgin (the "Municipality"); and to Authorize the Entering into of a Rate Offer Letter Agreement Pursuant to which the Municipality Will Issue Debentures to OILC. Moved by: Councillor Jones Seconded by: Councillor Martyn Resolved that By-Law No. 20-44 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 Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 10.2 By-Law 20-45 — Extending the Appointment of Independent Resolutions Inc. BEING a By-Law to Amend By-Law No. 17-42 and Extend the Appointment of Independent Resolutions Inc. as the Integrity Commissioner, Closed Meeting Investigator and Ombudsman for the County of Elgin Pursuant to Sections 8, 9, 10, 11, 223.3, 223.13 and 239.2 of The Municipal Act, 2001, S.O. 2001, C.25, as amended. Moved by: Councillor Marks Seconded by: Councillor Ketchabaw Resolved that By-Law No. 20-45 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 Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes Page 13 September 8, 2020 9 0 0 - Motion Carried. 10.3 By-Law 20-46 — 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 September 8, 2020 Meeting. Moved by: Councillor Jones Seconded by: Councillor Martyn Resolved that By-Law No. 20-46 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 Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 11. ADJOURNMENT Moved by: Councillor Purcell Seconded by: Councillor Marks Resolved that we do now adjourn at 9:54 a.m. to meet again on September 22, 2020 at 9:00 a.m. 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 Giguere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. Page 1 September 22, 2020 ElglnCounty Progressive by Nature ELGIN COUNTY COUNCIL MINUTES September 22, 2020 Council Present: Warden Dave Mennill (in-person) Deputy Warden Duncan McPhail (in-person) Councillor Bob Purcell (electronic) Councillor Sally Martyn (in-person) Councillor Tom Marks (in-person) Councillor Mary French (electronic) Councillor Dominique Giguere (in-person) Councillor Ed Ketchabaw (in-person) Staff Present: Julie Gonyou, Chief Administrative Officer (in-person) Jim Bundschuh, Director of Financial Services (electronic) Stephen Gibson, County Solicitor (in-person) Brian Lima, Director of Engineering Services (electronic) (report only) Michele Harris, Director of Homes and Senior Services (electronic) Nancy Pasato, Manager of Planning (electronic) Jeff Lawrence, Tree Commissioner/Weed Inspector (electronic) (report only) Al Reitsma, Manager of Information Technology (electronic) (report only) Katherine Thompson, Supervisor of Legislative Services (in-person) Carolyn Krahn, Legislative Services Coordinator (in-person) Regrets: Councillor Grant Jones, absent with notice 1. CALL TO ORDER Elgin County Council met this 22"d day of September, 2020 in the Administrative Boardroom, at the County Administration Building, St. Thomas at 9:00 a.m. with Warden Mennill in the chair. Some Councillors and staff participated electronically by video conference. 2. ADOPTION OF MINUTES Moved by: Councillor Marks Seconded by: Councillor Ketchabaw Resolved that the minutes of the meeting held on September 8, 2020 be adopted. 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 Aylmer Mary French Yes Malahide Dominique Gi uere 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 Martyn Seconded by: Councillor Giguere Page 2 September 22, 2020 Resolved that we do now move into Committee of the Whole Council. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere 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 Tree Commissioner/Weed Inspector Quarterly Report January — June 2020 — Tree Commission/Weed Inspector The Tree Commissioner provided a summary of activity related to the Elgin Woodlands Conservation By-Law for the period of April 1, 2020 to June 30, 2020 and weed inspection activity for the second quarter. Moved by: Councillor McPhail Seconded by: Councillor Marks RESOLVED THAT the July 21 st, report titled, Tree Commissioner/Weed Inspector Quarterly Report April — June 2020, submitted by the Tree Commissioner/Weed Inspector, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 5.2 Homes — Administration Policy 1.35 — Visitors and Resident Absences During a Pandemic — Director of Homes and Seniors Services The Director of Homes and Seniors Services presented a draft policy regarding visitor and resident absences during a pandemic. The policy provides opportunities for visitors to attend the Homes and for residents to access absences from the Homes, while working to support the safety of residents, visitors and staff during a pandemic. Moved by: Councillor Purcell Seconded by: Councillor Martyn RESOLVED THAT the report titled: "Homes —Administration Policy 1.35 — Visitors and Resident Absences During a Pandemic" dated September 15, 2020 be received and filed; and, THAT Council approve the Homes —Administration Policy 1.35 —Visitors and Resident Absences During a Pandemic policy. Page 3 September 22, 2020 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 5.3 Server Room UPS Review — Manager of Information Technology The Manager of Information Technology reviewed the March 29th hydro outage at the County of Elgin Administration Building, which eventually caused a loss of computing services including internet access, and provided recommendations to lessen the impact of any future incidents. Moved by: Councillor Martyn Seconded by: Councillor French RESOLVED THAT the incremental cost of $10,264 (plus taxes) to install a server room UPS capable of providing 222 minutes of runtime be added to the IT capital budget in 2021; and, THAT the cost of installing the electrical circuit required to locate the server room UPS in the Administration Building basement, estimated at from $6,500 to $7,500 be added to the 2021 administration building maintenance budget; and, THAT the incremental cost of $7,000 for regular battery maintenance every five (5) years be added to the IT capital budget starting in 2026. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 5.4 2019 Annual Report and Audited Financial Statements — Director of Financial Services The Director of Financial Services presented the 2019 Annual Report, speaking to the achievements, financial results and performance measures for 2019. Moved by: Councillor Ketchabaw Seconded by: Councillor Giguere RESOLVED THAT the 2019 Annual Report, Financial Information Return (FIR) and Audited Consolidated Financial Statements be approved for publication. Page 4 September 22, 2020 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 5.5 Borrowing By-Law — Director of Financial Services The Director of Financial Services presented a report on revisions to the borrowing by-law approved on September 8, 2020 as required by the Ontario Infrastructure and Lands Corporation (OILC). Moved by: Councillor Giguere Seconded by: Councillor Marks RESOLVED THAT the September 15th, 2020, report titled, Borrowing By-Law, submitted by the Director of Financial Services, be received and filed for information; and, THAT the Borrowing By-Law 20-44 approved to submit a long-term financing application with Ontario Infrastructure and Lands Corporation (OILC) for $12 million be amended to address corrections required by Ontario Infrastructure and Lands Corporation (OILC). 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 Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 5.6 Legislative Amendments to the Highway Traffic Act - Off Road Vehicle Use on Public Roads — Director of Engineering Services The Director of Engineering Services presented a report regarding the use of off- road vehicles (ORV) on public roads. Effective January 1, 2021, for municipalities listed in Regulation 8/03, all ORV types, will automatically be permitted to use municipal roads unless a municipality passes a by-law restricting or prohibiting their use. Staff solicited feedback from the OPP, the County Solicitor and the County's Insurer. All parties endorsed the prohibition of ORV use on County roads based upon their experience and professional fields of expertise. Moved by: Councillor Purcell Seconded by: Councillor McPhail RESOLVED THAT the matter be deferred until the Director of Engineering Services has solicited feedback from the local municipalities, the Elgin Group Police Page 5 September 22, 2020 Services Board, and the Ontario Federation of Agriculture regarding the use of Off- Road Vehicles on Elgin County roads, and; THAT the Director of Engineering Services report back to Council with an overview of alternative options and a draft by-law, which incorporates stakeholder feedback. 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 Aylmer Mary French Yes Malahide Dominique Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 5.7 COVID-19: Body Holding Services — Chief Administrative Officer The Chief Administrative Officer presented a report regarding efforts to improve the region's capacity to respond to crisis situations involving significant mass mortality situations. Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw RESOLVED THAT the September 10, 2020, report titled, COVID-19: Body Holding Services, submitted by the Chief Administrative Officer and Community Emergency Management Coordinator/Fire Training Officer, 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 Gi uere 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 SWIFT with their Monthly Project Update for August 2020. 6.2.2 Community Schools Alliance with a letter giving a brief update on the activities of the Executive Committee. Moved by: Councillor Marks Page 6 September 22, 2020 Seconded by: Councillor Gigubre Resolved that Correspondence Items #1-2 be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi ubre Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 7. OTHER BUSINESS 8.1 Statements/Inquiries by Members Councillor Martyn announced her intention to run for the position of Warden for 2021. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 8. CLOSED MEETING ITEMS Moved by: Councillor Marks Seconded by: Councillor Ketchabaw Resolved that we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): In-Camera Item #1 (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— Enabling Accessibility Funding Agreement. In-Camera Item #2 (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (0 advice that is subject to solicitor-client privilege, including communications necessary for that purpose —Improvements at Centennial and Elm. In-Camera Item #3 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose— Reforestation Orders. 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— Page 7 September 22, 2020 Community Emergency Management Support for the Municipality of West Elgin and Southwold. In-Camera Item #5 (b) personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations- LTCH Staff Testing Option. In-Camera Item #6 (b) personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations- Service Delivery Review. 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 Aylmer Mary French Yes Malahide Dominique Gigubre Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 9. RECESS Council recessed at 10:16 a.m. and reconvened at 10:27 a.m. 10. MOTION TO RISE AND REPORT Moved by: Councillor Martyn Seconded by: Councillor Ketchabaw 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 Aylmer Mary French Yes Malahide Dominique Gi ubre Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item #1 - Enabling Accessibility Funding Agreement Moved by: Councillor Marks Seconded by: Councillor McPhail Resolved that staff proceed as directed. Recorded Vote Yes No Abstain Page 8 September 22, 2020 West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item #2 - Improvements at Centennial and Elm Moved by: Councillor Martyn Seconded by: Councillor Giguere Resolved that staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item #3 - Reforestation Orders Moved by: Councillor Ketchabaw Seconded by: Councillor Marks Resolved that the verbal report from the County Solicitor be received and that staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item #4 - Community Emergency Management Support for the Municipality of West Elgin and Southwold Moved by: Councillor McPhail Seconded by: Councillor Marks Page 9 September 22, 2020 RESOLVED THAT the September 10, 2020, report titled, Community Emergency Management Support for the Municipality of West Elgin and the Township of Southwold, submitted by the Chief Administrative Officer and Community Emergency Management Coordinator/Fire Training Officer, be received and filed for information; and THAT staff be directed to develop an Agreement to be executed by the County of Elgin, the Municipality of West Elgin and Township of Southwold effective for a one-year period commencing October 1, 2020; and THAT the Warden and Chief Administrative Officer be directed to execute the Agreement following review by County Solicitor. 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 Aylmer Mary French Yes Malahide Dominique Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item #5 — LTCH Staff Testing Option Moved by: Councillor Martyn Seconded by: Councillor Giguere 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 Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item #6 — Service Delivery Review Moved by: Councillor Ketchabaw Seconded by: Councillor Purcell Resolved that the report from the Chief Administrative Officer be received and 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 Page 10 September 22, 2020 Aylmer Mary French Yes Malahide Dominique Gi uere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Marks Seconded by: Councillor McPhail 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 Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By-law 20-47 — Amending the Procedural By-Law BEING a By-Law to Amend By-Law No. 19-41, Referred to as the Procedural By-Law and to Repeal By-Law No. 20-13. Moved by: Councillor Martyn Seconded by: Councillor Marks Resolved that By-Law No. 20-47 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 Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 12.2 By-law 20-48 — Amending and Restating By-Law 20-44 BEING a By-Law to Amend and Restate By-Law 20-44 to Approve the Submission of an Application to Ontario Infrastructure and Lands Corporation ("OILC") for the Long-Term Financing of Certain Capital Work(s) of Corporation of the County of Page 11 September 22, 2020 Elgin (The "Municipality"); and to Authorize the Entering into of a Rate Offer Letter Agreement Pursuant to which the Municipality Will Issue Debentures to OILC. Moved by: Councillor Martyn Seconded by: Councillor Marks Resolved that By-Law No. 20-48 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 Aylmer Mary French Yes Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 12.3 By-Law 20-49 — Confirming all Actions and Proceedinqs BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 22, 2020 Meeting. Moved by: Councillor McPhail Seconded by: Councillor Ketchabaw Resolved that By-Law No. 20-49 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 Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Giguere Yes Bayham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 13. ADJOURNMENT Moved by: Councillor Marks Seconded by: Councillor Giguere Resolved that we do now adjourn at 11:21 a.m. to meet again on October 13, 2020 at 9:00 a.m. 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 Aylmer Mary French Yes Page 12 September 22, 2020 Malahide Dominique Giguere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. IAM Page 1 September 22, 2020 Elgin _ounty Progressive by Nature ELGIN COUNTY COUNCIL MINUTES September 22, 2020 Council Present: Warden Dave Mennill (in-person) Deputy Warden Duncan McPhail (in-person) Councillor Bob Purcell (electronic) Councillor Sally Martyn (in-person) Councillor Tom Marks (in-person) Councillor Mary French (electronic) Councillor Dominique Giguere (in-person) Councillor Ed Ketchabaw (in-person) Staff Present: Julie Gonyou, Chief Administrative Officer (in-person) Stephen Gibson, County Solicitor (in-person) Nancy Pasato, Manager of Planning (electronic) Jeff Lawrence, Tree Commissioner/Weed Inspector (electronic) Katherine Thompson, Supervisor of Legislative Services (electronic) Carolyn Krahn, Legislative Services Coordinator (in-person) Facilitator: Jennifer Kirkham, Mischevious Cat Productions Inc. Regrets: Councillor Grant Jones, absent with notice 1. CALL TO ORDER Elgin County Council met this 22nd day of September, 2020 in the Administrative Boardroom, at the County Administration Building, St. Thomas at 11:29 a.m. with Warden Mennill in the chair. Some Councillors participated electronically by video conference. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 3. COMMITTEE OF THE WHOLE Moved by: Councillor Giguere Seconded by: Councillor Marks Resolved that we do now move into Committee of the Whole Council. 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 Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. Page 2 September 22, 2020 4. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 4.1 Woodlands Conservation By-Law — Chief Administrative Officer and County Solicitor The Chief Administrative Officer introduced the presentation on the Woodlands Conservation By-Law by linking the review to Council's Strategic Plan and discussing the purpose of the review. The County Solicitor gave an overview of legislation and Woodlands Conservation in Elgin County and presented the staff perspective on the Woodlands Conservation By-Law. Consultant, Jennifer Kirkham, facilitated a discussion on how to approach a review of the By-Law. The Chief Administrative Officer will present a report at the October 13t" Council Meeting which will summarize Council feedback, identify next steps, detail housekeeping items to be amended and provide information regarding Council's request for further information. 4.2 Elgin County Council Strategic Plan Final Review — Chief Administrative Officer and County Solicitor Consultant Jennifer Kirkham facilitated a discussion to identify Council's performance measurement framework. The draft performance measures were developed to correspond with the Action Plans prepared by Council and staff. Council proposed that staff review the performance measures annually with ad hoc reporting if any items in the operational plan or objectives are not on track. 5. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Marks 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 Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 6. ADJOURNMENT Moved by: Councillor Purcell Seconded by: Councillor Marks Resolved that we do now adjourn at 1:00 p.m. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Page 3 September 22, 2020 Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 Motion Carried. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. ElginCounty Progrmf"by Nature September 1, 2020 Re: Elgin County Community Grant Program Now Accepting Applications Dear Tourism Member, The County of Elgin is pleased to announce that the Elgin County Community Grant Program (CGP) is now open and accepting applications for 2021. The deadline to submit for funding will be November loth, 2020. The County understands that 2020 has been a difficult year for Community Services and Festival and Event Organizers as a result of the COVID-19 pandemic. Through this program, organizations and services can apply for supplementary funds to strengthen their responsiveness, effectiveness and resilience. The County is reaching out to previous grant applicants to let them know that the grant process for 2021 has changed and to provide organizations with ample time to plan for next year. The Rural Initiatives and Planning Advisory Committee completed a comprehensive review of the CGP to ensure its alignment with Elgin County's Strategic Plan 2020-2022, to encourage innovative programming and events, and to streamline the application process. The CGP is now broken into two streams: Community Services and Festivals and Events. Organizations may apply to one of these streams per year. These streams are further broken down into "Seed" and "Cultivate" grants. Seed Grants are open to new community organizations or festivals and events wishing to research the feasibility of a new service, program or event, or wishing to launch something new. Cultivate Grants are available to existing community organizations or events that wish to build on their successes, grow their reach, enhance the quality of their offerings, or improve their sustainability with new features, programs, services and outreach methods. Detailed program information and application packages can be accessed on our website www.elgincounty.ca/communitygrantprogram. Physical copies of the packages are available upon request. Please contact communitygrants(o)elgin.ca if you have any questions. Thank you and we look forward to receiving your 2021 application, Sincerely, A47-k- Alan Smith, General Manager of Economic Development E un g tat Progressive by Nature October 15, 2020 For Immediate Release Elgin County Wants to Hear About Your Internet Connection Central Elgin, ON -The Elgin County Connectivity Committee has launched a survey asking residents and businesses about their internet connectivity experiences. The survey is designed to identify connectivity gaps in Elgin County by asking a series of questions about current internet service, connectivity speeds, and challenges associated with accessing fast reliable internet. This information will be used to help the Committee to identify high-speed internet solutions for Elgin County. Access to fast, reliable internet is an issue the rural municipalities have struggled with for many years. It is crucial that those in underserviced and rural areas have access to the same economic and educational opportunities that their urban counter parts do. The County of Elgin in conjunction with the member municipalities of the Western Ontario Warden's Caucus have been working to advocate for rural broadband connectivity through the work of the SWIFT project; however, the onset of the COVID-19 pandemic exacerbated the issue as large portions of the population were required to quickly adjust to working and learning from home. "This is a matter of urgency," said Councillor Tom Marks, Chair of the Committee. "We've always had underserviced areas in Elgin County but the pandemic has really revealed our connectivity weaknesses. Internet is no longer a luxury but a basic tool that families and small business owners must have to perform daily activities. I encourage residents of Elgin, no matter where you live, to fill out this survey-the more data we collect, the easier it will he for us to pinpoint areas of greatest need." Residents and businesses in Elgin County can fill out the Survey online at www.elgincounty.ca/connectivitycommittee or pick up a copy at one of Elgin County's ten library branches. The Survey will be available until November 6, 2020. The need to increase high-speed internet connectivity throughout Elgin County was identified as a key priority in Elgin County Council's Strategic Plan 2020-2022. The Connectivity Committee was established to help Council achieve this priority by championing high-speed connectivity across the County for all rural residents. -30- For additional information, please contact: Councillor Tom Marks tmarks(cDelgin.ca 1 VvX)(HAA n�ty NOTICE OF SERVICE DISRUPTION Port Burwell Pier Please be advised October 26, 2020 — November 6, 2020 the Port Burwell Pier may be inaccessible to the public while concrete surface and crack sealing maintenance repairs are conducted. DATED at the Municipality of Bayham this 13th day of October, 2020. Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 Telephone: 519-866-5521 bayham(a)bayham.on.ca Paul Shipway To: AMO President Subject: RE: Proposed Transition schedule for your Blue Box program to the new Full Producer Responsibility regulation Dear Mayor/Head of Council, Re: Proposed Transition schedule for your Blue Box program to the new Full Producer Responsibility regulation I wanted to follow up with you regarding the proposed transition schedule for your Blue Box program to the new full producer responsibility regulation. Minister Yurek announced the posting of the draft Blue Box resolution under the RRCEA. It will be on the EBR for 45 days, and comments are due December 3, 2020. The draft regulation contains a proposed transition schedule for municipal blue box programs. The announcement made the following clear: • Communities that have a program today, regardless of size, will receive mandatory servicing by producers in the future, • The program will be required to expand to all communities (with the exception of the far north) along with schools, long term care and retirement homes,parks and public spaces by 2026, • Input from municipal governments about when they desired to transition was accommodated as much as possible, but not in all cases. We are pleased the Minister responded to many of the concerns brought forward by municipal governments. He and this government should be commended for moving this important initiative forward. It will be helpful to continue to encourage that this regulation be approved in a manner that aligns with what municipal governments have advocated for many years—better environmental and economic outcomes. Thanks to all of you for your work on this file and to the many of you who provided a resolution regarding your preferred date for transition. We have included an analysis of the preferred dates municipal Councils identified versus what is proposed in the draft regulation (Attached). AMO worked diligently to ensure the Ministry had both a copy of all municipal resolutions passed related to the Blue Box transition, as well as, providing them with a full summary of resolutions. We also met with the Ministry on multiple occasions to ensure they understood the list we had provided and why it was reasonable based on the recommendations in David Lindsay's Mediation Report. When the list of municipal government resolutions was prorated based on when in the year municipal governments wanted to transition(see Table below), the Ministry had a list that resulted in roughly one-third of the program transition per year. This was the stated objective from producers and industry to disperse the full cost over a three-year period. i Total Total Total Residential Households population Collected Marketed Net Cost waste Generated Served 2023 - resolutions 40.45% 38.00% 38.12% 37.78% 38.32% 38.91% 2024- resolutions 29.14% 29.50% 28.73% 28.18% 27.94% 28.83% 2025- resolutions 25.21% 28.45% 29.10% 29.35% 26.97% 29.69% Total- resolutions 94.81% 95.96% 95.95% 95.31% 93.23% 97.43% As we always reiterated in our correspondence with you, the final decision on the transition schedule rests with the provincial government. They have indicated that they used your preferred dates but also included geographical catchments, tonnes and costs to set the schedule. We understand changes to transition dates could be problematic for some, especially based on contractual relationships or other issues. We would encourage you to ensure the Ministry is directly aware of your concerns and would appreciate it if you could copy us on your correspondence. If you have any questions or require further details please contact Dave Gordon at 416 389 4160 or dgordon&amo.on.ca. Sincerely, Graydon Smith AMO President Mayor of the Town of Bracebridge Spam Phish/Fraud Not spam Forget previous vote 2 Analysis: Blue Box Transition Schedule Comparison with Preferred Municipal Transition Dates The Ministry of the Environment, Conservation and Parks has proposed a producer responsibility regulation for the Blue Box Program. The draft regulation is currently posted for a 45-day consultation period on the province's Environmental and Regulatory Registries (https://ero.ontario.ca/notice/019- 2579 . The Association of Municipalities of Ontario sent the preferred transition dates as chosen by Council to the Ministry, between January and October 2020. The Ministry is consulting on the proposed transition groupings and with First Nations as it works to finalize the regulation and identify calendar dates for each transitioning program within a given year. If the date provided by the Ministry in the draft Regulation is problematic for your community, we encourage you to provide this information to the Ministry at ministry.mecp ontario.ca. Eligible Community Ministry's Year that Proposed Council Transition Year in Preferred to the Regulation Transition Addington Highlands, Township of 2025 2023 Admaston/Bromley, Township of 2025 N/A Alfred and Plantagenet, Township of 2023 N/A Algonquin Highlands, Township of 2024 2023 Armour, Township of 2025 2023 Armstrong, Township of 2025 N/A Arnprior, Town of 2023 2023 Ashfield-Colborne-Wawanosh, Township of 2025 N/A Assiginack, Township of 2025 N/A Athens, Township of 2025 N/A Atikokan, Township of 2025 N/A Augusta, Township of 2025 2024 Aylmer, Town of 2023 2023 Baldwin, Township of 2025 N/A Bancroft, Town of 2025 N/A Barrie, City of 2024 2024 Bayham, Municipality of 2023 2023 Beckwith, Township of 2023 2023 Billings, Township of 2025 2023 Blind River, Town of 2025 2024 Bluewater Recycling Association 2024 2024 Bonfield, Township of 2025 N/A 1 Eligible Community Ministry's Year that Proposed Council Transition Year in Preferred to the Regulation Transition Bonnechere Valley, Township of 2025 2023 Brant, County of 2025 2024 Brantford, City of 2025 2024 Brockville, City of 2025 2023 Bruce Area Solid Waste Recycling 2025 2025 Brudenell, Lyndoch and Raglan, Township of 2025 2025 Burk's Falls, Village of 2025 2023 Callander, Municipality of 2025 2023 Calvin, Municipality of 2025 N/A Carleton Place, Town of 2023 2023 Carling, Township of 2025 2023 Carlow Mayo, Township of 2025 2023 Casey, Township of 2025 N/A Casselman, Village of 2023 2023 Central Elgin, Municipality of 2023 2023 Central Frontenac, Township of 2025 2023 Central Manitoulin, Township of 2025 2025 Charlton and Dack, Municipality of 2025 N/A Chatham-Kent, Municipality of 2024 2023 Chatsworth, Township of 2023 N/A Chisholm, Township of 2025 N/A Clarence-Rockland, City of 2023 2023 Cobalt, Town of 2025 N/A Cochrane, Corporation of the Town of 2025 2023 Coleman, Township of 2025 N/A Conmee, Township of 2024 N/A Cornwall, City of 2025 2024 Deep River, Town of 2025 2023 Deseronto, Town of 2025 2023 Drummond-North Elmsley, Township of 2023 2023 Dryden, City of 2023 2023 Dufferin, County of 2023 2023 Durham, Regional Municipality of 2024 2023 Dutton-Dunwich, Municipality of 2023 2023 Dysart et al, Township of 2024 2023 East Ferris, Municipality of 2025 N/A Edwardsburgh Cardinal, Township of 2025 2023 Elizabethtown-Kitley, Township of 2025 2023 Elliot Lake, City of 2025 2025 Emo, Township of 2025 N/A Englehart, Town of 2025 2025 Enniskillen, Township of 2023 2023 2 Eligible Community Ministry's Year that Proposed Council Transition Year in Preferred to the Regulation Transition Espanola, Town of 2025 N/A Essex-Windsor Solid Waste Authority 2024 2024 Evanturel, Township of 2025 2024 Faraday, Township of 2025 2024 Fort Frances, Town of 2025 2024 French River, Municipality of 2025 N/A Front of Yonge, Township of 2025 2023 Frontenac Islands, Township of 2025 N/A Gananoque, Town of 2025 2023 Gauthier, Township of 2025 N/A Georgian Bluffs, Township of 2023 N/A Gillies, Township of 2024 N/A Goulais Local Service Board 2023 N/A Greater Madawaska, Township of 2025 N/A Greater Napanee, Township of 2025 2023 Greater Sudbury, City of 2025 N/A Grey Highlands, Municipality of 2023 N/A Guelph, City of 2025 2023 Haldimand, County of 2024 2023 Halton, Regional Municipality of 2025 2025 Hamilton, City of 2025 2023 Hanover, Town of 2025 2024 Harley, Township of 2025 N/A Hastings Highlands, Municipality of 2024 2023 Hawkesbury Joint Recycling 2023 2023 Head, Clara and Maria, Townships of 2025 2023 Hearst 2025 2023 Highlands East, Municipality of 2024 2023 Hilliard, Township of 2025 2025 Hilton Beach, Village of 2025 N/A Horton, Township of 2025 2023 Howick, Township of 2024 2023 Hudson, Township of 2025 N/A Huron Shores, Municipality of 2025 2023 James, Township of 2025 N/A Kapuskasing, Town of 2025 2023 Kawartha Lakes, City of 2024 2023 Kearney, Town of 2025 N/A Kenora, City of 2023 2023 Kerns, Township of 2025 N/A Killaloe, Hagarty, and Richards, Township of 2025 N/A Killarney, Municipality of 2025 2025 3 Eligible Community Ministry's Year that Proposed Council Transition Year in Preferred to the Regulation Transition Kingston, City of 2025 N/A Kirkland Lake, Town of 2025 2023 Laird, Township of 2025 N/A Lanark Highlands, Township of 2025 N/A Larder Lake, Township of 2025 N/A Latchford, Town of 2025 N/A Laurentian Hills, Town of 2025 2024 Leeds and the Thousand Islands, Township 2025 N/A of Limerick, Township of 2025 N/A London, City of 2023 2023 Loyalist, Township of 2025 2023 Macdonald, Meredith & Aberdeen Additional, 2025 N/A Township of Machar, Township of 2025 N/A Madawaska Valley, Township of 2025 2025 Magnetawan, Municipality of 2025 2023 Malahide, Township of 2023 2023 Marathon, Town of 2025 N/A Matachewan, The Corporation of the 2025 N/A Township of Mattice-Val Cote, Municipality of 2025 2023 McDougall, Municipality of 2025 N/A McGarry, Township of 2025 N/A McKellar, Township of 2025 N/A McMurrich/Monteith, Township of 2025 N/A Mcnab-Braeside, Township of 2023 2023 Meaford, Municipality of 2023 2023 Merrickville-Wolford, Village of 2023 N/A Minden Hills, Township of 2024 N/A Mississippi Mills, Town of 2023 2023 Montague, Township of 2023 2023 Muskoka, District Municipality of 2024 2023 Nairn & Hyman, Township of 2025 2023 Neebing, Municipality of 2024 2023 Newbury, Village of 2023 N/A Niagara, Regional Municipality of 2024 2023 Nipissing, Township of 2025 N/A Norfolk, County of 2024 2024 North Bay, City of 2025 2023 North Dundas, Township of 2025 2024 North Frontenac, Township of 2025 N/A North Glengarry, Township of 2025 2024 4 Eligible Community Ministry's Year that Proposed Council Transition Year in Preferred to the Regulation Transition North Grenville, Municipality of 2023 N/A North Huron, Township of 2025 N/A North Stormont, Township of 2025 2025 Northeastern Manitoulin & Islands, Town of 2025 N/A Northern Bruce Peninsula, Municipality of 2025 2025 Northumberland, County of 2024 2023 O'Connor, Township of 2024 2023 Oliver Paipoonge, Municipality of 2024 N/A Orillia, City of 2024 2024 Ottawa Valley Waste Recovery Centre 2025 2025 Ottawa, City of 2023 2023 Owen Sound, City of 2023 2023 Oxford, Restructured County of 2025 2025 Papineau-Cameron, Township of 2025 2024 Parry Sound, Town of 2025 2023 Peel, Regional Municipality of 2024 2024 Perry, Township of 2025 2023 Perth, Town of 2025 2025 Peterborough, City of 2024 2023 Peterborough, County of 2024 2023 Petrolia, Town of 2023 N/A Plympton-Wyoming, Town of 2023 2023 Powassan, Municipality of 2025 2024 Prescott, Town of 2025 2023 Prince, Township of 2023 2023 Quinte Waste Solutions 2025 2025 Rainy River, Town of 2025 N/A Red Lake, Municipality of 2023 2023 Renfrew, Town of 2025 2023 Rideau Lakes, Township of 2025 2024 Russell, Township of 2025 2023 Sables-Spanish Rivers, Township of 2025 2023 Sarnia, City of 2023 2023 Sault Ste. Marie, City of 2023 2023 Seguin, Township of 2025 2023 Shuniah, Municipality of 2024 N/A Simcoe, County of 2024 2023 Sioux Lookout, The Corporation of the 2025 2023 Municipality of Sioux Narrows Nestor Falls, Township of 2023 2023 Smiths Falls, Town of 2025 2023 South Dundas, Township of 2025 2024 5 Eligible Community Ministry's Year that Proposed Council Transition Year in Preferred to the Regulation Transition South Frontenac, Township of 2025 N/A South Glengarry, Township of 2025 N/A South Stormont, Township of 2025 2024 Southgate, Township of 2023 2023 Southwest Middlesex, Municipality of 2023 2023 Southwold, Township of 2023 2023 Spanish, Town of 2025 2023 St. Charles, Municipality of 2025 2025 St. Clair, Township of 2023 2023 St. Joseph, Township of 2025 N/A St. Thomas, City of 2023 2023 Stone Mills, Township of 2025 N/A Stratford, City of 2024 2023 Strong, Township of 2025 2023 Sundridge, Village of 2025 2023 Tarbutt & Tarbutt Additional, Township of 2025 2023 Tay Valley, Township of 2025 2024 Temiskaming Shores, City of 2025 2025 Terrace Bay, Township of 2025 N/A Thames Centre, Municipality of 2023 2023 The Archipelago, Township of 2025 N/A The Blue Mountains, Town of 2023 N/A The Nation, Municipality 2023 2023 Thunder Bay, City of 2024 2023 Timmins, City of 2025 2023 Toronto, City of 2023 2023 Tri-Neighbours 2025 2025 Tudor & Cashel, Township of 2025 2024 Waterloo, Regional Municipality of 2024 2024 Wellington, County of 2025 2023 West Elgin, Municipality of 2023 2023 West Grey, Municipality of 2025 2023 West Nipissing, Municipality of 2025 N/A Westport, Village of 2025 2023 Whitestone, Municipality of 2025 N/A Whitewater Region, Township of 2025 N/A Wollaston, Township of 2025 N/A York, Regional Municipality of 2025 2025 6 ONTARIO ENERGY BOARDNOTICE TO CUSTOMERS OF EPCOR NATURAL GAS LIMITED PARTNERSHIP EPCOR Natural Gas Limited Partnership has applied to raise its natural gas rates. Learn more. Have your say. EPCOR Natural Gas Limited Partnership has applied to the Ontario Energy Board to raise its natural gas rates, effective January 1, 2021. If the application is approved as filed, a typical residential customer of EPCOR Natural Gas Limited Partnership in the Aylmer area, will see the following increase: Customer Type 2021 Annual Bill Increase ($/Year) General Service Residential $24.17 The requested rate increase is set using an OEB-approved formula which is tied to inflation and other factors intended to promote efficiency. The rate increase also includes EPCOR Natural Gas Limited Partnership's request to recover the OEB-approved revenue requirement for the Spring Water Pipeline Project and the Putnam-Culloden Pipeline Project and to dispose of the balances in certain deferral and variance accounts. Other customers may also be affected. It is important to review the application carefully to determine whether you may be affected by these changes. THE ONTARIO ENERGY BOARD WILL HOLD A PUBLIC HEARING The Ontario Energy Board (OEB)will hold a public hearing to consider the application filed by EPCOR Natural Gas Limited Partnership (ENGLP). During the hearing, which could be an oral or written hearing, we will question ENGLP on the request for rate increases. We will also hear questions and arguments from individuals that have registered to participate (called intervenors) in the OEB's hearing. At the end of this hearing, the OEB will decide what, if any, rate increases will be allowed. The OEB is an independent and impartial public agency. We make decisions that serve the public interest. Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energy services at a reasonable cost. BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this application and to be involved in the process. • You can review ENGLP's application on the OEB's website now • You can file a letter with your comments, which will be considered during the hearing • You can become an intervenor. As an intervenor you can ask questions about ENGLP`s application and make arguments on whether the OEB should approve ENGLP`s request. Apply by November 9, 2020 or the hearing will go ahead without you and you will not receive any further notice of the proceeding • At the end of the process, you can review the OEB's decision and its reasons on our website LEARN MORE Our file number for this case is EB-2020-0234. To learn more about this hearing, find instructions on how to file a letter with your comments or become an intervenor, or to access any document related to this case, please enter the file number EB-2020-0234 on the OEB website: www.oeb.ca/participate. You can also phone our Consumer Relations Centre at 1-877-632-2727 with any questions. ORAL VS.WRITTEN HEARINGS There are two types of OEB hearings—oral and written. ENGLP has asked for a written hearing. If you think an oral hearing is needed, you can write to the OEB to explain why by November 9, 2020. PRIVACY If you write a letter of comment, your name and the content of your letter will be put on the public record and the OEB website. However, your personal telephone number, home address and email address will be removed. If you are a business, all your information will remain public. If you apply to become an intervenor, all information will be public. This rate hearing will be held under section 36 of the Ontario Energy Board Act, 1998, S.O. 1998, c.15 Schedule B. Ontario Energy ,NEWBoard ONTARIO ENERGY BOARD NOTICE TO CUSTOMERS OF C ' Enbridge Gas Inc. has applied to raise its natural gas rates effective April 1, 2021, to recover costs associated with the federal government's Greenhouse Gas Pollution Pricing Act. Learn more. Have your say. Enbridge Gas Inc. (Enbridge Gas) has applied to the Ontario Energy Board for approval to increase its rates effective April 1, 2021,to recover the costs associated with meeting its obligations under the federal government's Greenhouse Gas Pollution Pricing Act. The Greenhouse Gas Pollution Pricing Act establishes a carbon pricing program under which a natural gas utility in Ontario,such as Enbridge Gas, is required to pay a carbon charge to the federal government for emissions from the natural gas that it delivers to its customers,and for excess emissions from the operation of Enbridge Gas's natural gas distribution system.The federal carbon charge came into effect on April 1, 2019, increased on April 1, 2020,and will increase again on April 1, 2021. Enbridge Gas says that if its application is approved as filed, it will have the following bill impacts: • A typical residential customer in the EGD rate zone(former customers of Enbridge Gas Distribution Inc.)will see an annual bill increase of$47.08. • Atypical residential customer in the Union rate zones(former customers of Union Gas Limited), will see an annual bill increase of$43.23. Other customers, including businesses,will also be affected. THE ONTARIO ENERGY BOARD WILL HOLD A PUBLIC HEARING The OEB will hold a public hearing to consider Enbridge Gas's application. During this hearing,which could be an oral or written hearing,we will question Enbridge Gas on its application.We will also hear questions and arguments from individuals that have registered to participate(called intervenors)in the OEB's hearing. The OEB is an independent and impartial public agency.We make decisions that serve the public interest.Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energy services at a reasonable cost. BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this application and to be involved in the process. • You can review Enbridge Gas's application on the OEB's website now • You can file a letter with your comments,which will be considered during the hearing • You can become an intervenor.As an intervenor you can ask questions about Enbridge Gas's application and make arguments on whether the OEB should approve Enbridge Gas's request.Apply by November 3,2020 or the hearing will go ahead without you and you will not receive any further notice of the proceeding • At the end of the process,you can review the OEB's decision and its reasons on our website LEARN MORE Our file number for this case is: EB-2020-0212.To learn more about this hearing,find instructions on how to file a letter with your comments or become an intervenor,or to access any document related to this case please select the file number EB-2020-0212 from the list on the OEB website:www.oeb.ca/notice.You can also phone our Consumer Relations Centre at 1-877-632-2727 with any questions. ORAL VS.WRITTEN HEARINGS There are two types of OEB hearings-oral and written. Enbridge Gas has applied for a written hearing.The OEB will determine at a later date whether to proceed by way of a written or oral hearing. If you think an oral hearing is needed,you can write to the OEB to explain why by November 3,2020. PRIVACY If you write a letter with your comments,your name and the content of your letter will be put on the OEB's public record and the OEB website. However,your personal telephone number,home address and email address will be removed. If you are a business,all your information will remain public. If you apply to become an intervenor,all information will be public. This hearing will be held under section 36 of the Ontario Energy Board Act, 7998,S.O. 7998,c.75(Schedule B). r Ontario Ontario Energy Comm -do I'—g,e Board d.1'Ont- REPORT o� y CAO �rtunity I5 TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: November 5, 2020 REPORT: CAO-44/20 SUBJECT: OFF-ROAD VEHICLE REGULATIONS BACKGROUND On August 1, 2002, the Council of the Corporation of the Municipality of Bayham passed By-law No. 2002-052, being a by-law to prohibit/regulate the use of Off-Road Vehicles. By-law 2002- 052, which prohibits the use of Off-Road Vehicles on Municipal Highways is attached hereto as Appendix `A'. On February 17, 2004 the Elgin County Council passed the following resolution: THAT the County of Elgin should not permit the use of County Roads by Off-Road Vehicles as defined under the Highway Traffic Act Section 191.8, and also THAT the municipalities of Elgin and the Police Services Board be so informed. On February 26, 2004 the Elgin Group Police Services Board issued the correspondence attached hereto as Appendix `B'. Effective July 1, 2015, the Province amended the following regulations to permit more types of off-road vehicles on highways, with the appropriate municipal by-law or jurisdictional approval: Off-Road Vehicle Act, 1990 Highway Traffic Act, 1990 (Part X.3 - Off-road Vehicles) Highway Traffic Act Regulation 316/03 (Operation of Off-road Vehicles on Highways) On June 18, 2015 the Council of the Corporation of the Municipality of Bayham received the correspondence attached hereto as Appendix `C' from the Ministry of Transportation re Off- Road Vehicle Use in Ontario, for information. On September 8, 2015 Elgin County Council passed a resolution reaffirming the February 17, 2004 decision of Elgin County Council with the following justification: Staff concluded that County roads have not been designed nor being maintained for OR Vs and ATVs to operate on the same road platform. The County's insurer confirmed an increased liability and operational costs if such use was permitted by by-law. Therefore, staff does not recommend permitting ORVs and ATVs to use County roads. As of July 1, 2020, the province expanded the types of off-road vehicles permitted on-road to two new additional types: off-road motorcycles commonly known as dirt bikes; and, extreme terrain vehicles, which are semi-amphibious vehicles with six or more wheels. Effective January 1, 2021, for municipalities listed in Regulation 8/03, all Off-Road Vehicle (ORV) types, will automatically be permitted to use municipal roads unless a municipality passes a by-law restricting or prohibiting their use. On September 22, 2020, Elgin County Council considered the staff report, attached hereto as Appendix `D' and passing of a by-law to prohibit ORVs on Elgin County Roads. After considerable discussion, Elgin County Council passed the following resolution: RESOLVED THAT the matter be deferred until the Director of Engineering Services has solicited feedback from the local municipalities, the Elgin Group Police Services Board, and the Ontario Federation of Agriculture regarding the use of Off-Road Vehicles on Elgin County roads, and,- THAT the Director of Engineering Services report back to Council with an overview of alternative options and a draft by-law, which incorporates stakeholder feedback. As communicated by the Elgin County Director of Engineering Services, of particular concern for County Council, was the Municipality's capacity to enforce such a by-law were it to be enacted. Elgin County Council are requesting further information from each of Elgin County's lower-tier municipalities regarding the use of Off-Road Vehicles to cross Elgin County roads, and if lower-tier municipalities will be permitting use of Off-Road Vehicles on municipal roads. DISCUSSION Presently Off-Road Vehicles are prohibited on Bayham municipal highways in the Municipality of Bayham. The Municipality presently has reoccurring issues with Off-Road Vehicle use and trespass which create operational and enforcement concerns. Trespassing in Ontario is dealt with under the Trespass to Property Act. Under that Act, anyone who enters property without permission or a right to enter, or refuses to leave property after being asked, is guilty of an offence and may be subject to a fine of up to $2,000. If the trespass causes damage to property, the trespasser can also be ordered to pay compensation up to $1,000. The Province has also passed set fines in relation to the Trespass to Property Act and as a result an officer can issue a ticket to anyone caught trespassing. The enforcement concern is capturing trespassers. RECOMMENDATION 1. THAT Report CAO-44/20 re Off-Road Vehicle Regulations be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk CORPORATION OF THE MUNICIPALITY OF BAYRAM BY-LAW NO. 2002-052 A BY-LAW TO PROHIBIT AND/OR REGULATE THE USE OF OFF ROAD MOTORIZED VEHICLES IN THE MUNICIPALITY OF BAYIIAM WHEREAS authority is granted to the Council of the Municipality of Bayham by Section 191 (6) of the Municipal Act, K S.O. 1990 Chapter M.45 provides that Councils of all Municipalities may pass by-laws providing for the use by the public of lands which the Corporation is the owner and for the regulation of such use and the protection of such lands. AND WHEREAS it is deemed expedient for the safety and welfare of residents of the Municipality to prohibit and/or regulate the use of certain types of motorized vehicles within property owned by the Municipality of Bayham. BE IT TBEREFORE ENACTED by the Council of the Municipality of Bayham as follows: 1. (a) No person shall use, ride on or operate a motorized vehicle within the limits of any property owned by the Municipality of Bayham except on a road, street or highway designed and dedicated for the use by motorized vehicles. (b) Motorized vehicle means a vehicle propelled or driven otherwise than by muscular power or wind and designed to travel on two or more wheels whether designed to be operated on a road or off road. (c) The prohibition contained in paragraph(a)hereof does not apply to police or emergency service vehicles, or vehicles operated by authorized maintenance workers or to a conveyance designed for the handicapped. 2. No person shall use,ride or operate any off road motorized vehicle or similar conveyance other than a conveyance designed for the handicapped, on any side walk or walkway, square, or boulevard within the Municipality of Bayham. 3. Any person who contravenes any provision under this By-law is,upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offenses Act. 4. The court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person. 5. This by-law shall come into force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1'sx DAY OF AUGUST,2002. MAYOR CLERK t' ELGIN GROUP.POLICE SERVICES BOARD j Chair(David M.Rock Tel.(519)631-1460 Ext.161 450 Sunset Drive Fax (519)633-7661 St.Thomas,Ontario N5R 5V1 Res.(519)633-16.03 II February 26,2004 Munlaipalityof Honourable HarinderTakhar Bayham Minister of Transportation 77 Wellesley St.W.,a Floor Ferguson Block Municipality of TORONTO,Ontario M7A tZ$ Central Elgin Dear Minister: i The Elgin Group Police Services Board,at Its meeting held on February 6, Municipality of 2004,considered the changes to Ontario's Off-Road Vehicles Legislation/ Dutton/Dunwich Regulation and adopted the following resolution: "THAT the Elgin Group Police Services Board does not support the Municipality of new legislation allowing municipalities to pass by-laws permitting west Elgin Off Road Vehicles (ORV) to travel on roadways due to potential safety concerns and liability issues of ORV travelling on roadways at a much lesser speed than vehicles presently using the roadways,.as well,ORV would require head and tail lights,and ORV drivers would Township or require licensing and insurance;and, Malahlde THAT the Elgin Group Municipalities be encouraged not to pass such an authorizing by-law. Township or southwotd -Carried. (signed)Chair David Rock" We look forward to your response to the recommendation. Yours truly, David Rock, Chair. cc: Elgin Group Municipalities 66 Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block,V Floor Lirice Ferguson,3`dtage 77 Wellesley St.West 77,rue Wellesley ouest Toronto,Ontario Toronto(Ontario) M7A 1 z8 M7A 1 Z8 416-327-9200 416-327-9200 www.ontario.caftransportaUon www.ontario.ca/transports M2015-2414 June 10, 2015 His Worship Paul Ens E C E I V E Mayor R Municipality of Bayham JUN 1 20 9344 Plank Road 16 PO Box 160 MUNICIPALITY OFBAYhANI Straffordville ON NQJ 1Y0 Dear Mayor Ens: It is my pleasure to take this opportunity to share news affecting off-road vehicle (ORV) use in Ontario. I recognize that a number of Ontarians enjoy the use of their ORVs as well as the economic and tourism benefits and increased mobility associated with on-road use of ORVs.As such, I am committed to a collaborative approach in our development of policy. This collaborative approach included successful in-person consultations in January 2015, with the participation of 30 different stakeholder groups representing enforcement, municipalities, public health, ORV industry members, agricultural groups and trail organizations. Following that consultation, my ministry continued their engagement efforts by posting proposals to both the government's Regulatory and Environmental Registries for 45 days in order to seek additional feedback from the public. The period for public feedback ended on April 13, 2015, and we received almost 1,800 submissions. I am pleased to announce, as a result of these efforts, that existing on-road access rules for"single-rider"ATVs will be extended to additional ORV types which meet specified voluntary off-highway industry standards. These changes will take effect on July 1, 2015, and will allow two-up all-terrain vehicles (ATVs), side-by-side ATVs and utility terrain vehicles (UTVs) on permitted provincial highways and municipal roads where bylaws permit their use. Notably, there are no changes to the ORV municipal bylaw authority provided in the Highway Traffic Act(HTA). However, municipalities are encouraged to review existing bylaws to ensure they apply to these new ORV types.Additionally, these new ORV types require some safety rules unique to their configurations that do not currently apply to"single-rider"ATVs (e.g.; seat belt requirements, helmets and minimum age for passengers, etc.). While existing Highway Traffic Act offences will immediately apply, the focus of the next three months will be to educate the public about Ontario's road rules for these new ORV types and their additional safety requirements. ../2 Ministry of Transportation re Off-Road Vehicle use in Ontari... Page 121 Of 357 -2- 1 assure you that my ministry recognizes the importance of a vibrant, sustainable and safe power sports sector in Ontario, and we support providing Ontarians with options to safely explore our vast province. To this end, I have asked ministry staff to continue to engage stakeholders and community partners in discussions, including the topic of extending on-road access to additional types of ORVs such as UTVs, to ensure Ontario remains amongst the top jurisdictions in road safety. thank you for your support and input on this initiative. My ministry looks forward to continue working with our municipal partners, as well as with enforcement, ORV and trail organizations, and interested road safety partners in communicating these changes during the public education period. Sincerely, 4VAQ-1 Steven Del Duca Minister Ministry of Transportation re Off-Road Vehicle use in Ontari... Page 122 Of 357 1 PFFPPPPP REPORT TO COUNTY COUNCIL A FROM: Brian Lima, Director of Engineering Ohm.- Services E1OF County Peter Dutchak, Deputy Director of Engineering Progressive by Nature Services DATE: September 15, 2020 SUBJECT: Legislative Amendments to the Highway Traffic Act - Off Road Vehicle Use on Public Roads RECOMMENDATION: THAT the appropriate by-law be prepared to prohibit the use of "Off Road Vehicles" as defined by the Highway Traffic Act on Elgin County roads, and; THAT a copy of the report be provided to Elgin's local municipal partners and the Elgin Group Police Services Board. INTRODUCTION: Effective July 1 , 2020 the Ministry of Transportation has made legislative amendments to the Highway Traffic Act (HTA) to add additional types of off-road vehicles (ORVs) to the existing list of ORVs permitted on public roads. Municipalities must create new permissive by-laws to enable their use on public roads under the municipality's jurisdiction if so desired. Effective January 1, 2021, for municipalities listed in Regulation 8/03, all ORV types, including the new vehicle types, will automatically be permitted to use municipal roads unless a municipality passes a by-law restricting or prohibiting their use. The list of municipalities provided in Regulation 8/03 includes all of Elgin's local municipal partners with the exception of the Town of Aylmer and does not include the County of Elgin. Staff reports regarding the use of ORVs on County roads have been tabled before County Council on two previous occasions; in March 2004 and September 2015 respectively (reports attached). In both instances County Council supported the following resolution; "THAT the County of Elgin does not agree to allow use of County Roads by "Off Road Vehicles" as defined under the Highway Traffic Act, Section 191.8." 1ppp"- 2 DISCUSSION: Recent egislative amendments have increased the ORV types permitted on municipal roads and allow municipalities to create new by-laws prohibiting their use. Proposed for January 1, 2021, in local municipalities listed in Regulation 8/03, all types of ORVs will automatically be permitted to use municipal roads. Municipalities must create a by-law to restrict or prohibit their use. Regulation 8/03 lists all of Elgin's local municipal partners with the exception of the Town of Aylmer and does not include the County of Elgin. Staff consulted the OPP, the County Solicitor and the County's Insurer for their comments as it relates to ORV use on County roads. Received comments are summarized below. OPP — Does not support ORV use on County roads for numerous reasons. Speed variation between cars and trucks with ORVs could be catastrophic. Size and speed variation of vehicles is a great causal factor in motor vehicles collisions. Enforcement related to ORVs has proven to be difficult as there seems to be a large number of riders who fail to stop for police which can prove to be dangerous to the operator and public. There are certainly responsible riders and owners who comply with the laws and regulation laid out for ORVs. However, the added complexity of slower moving vehicles on County Roads may have dire consequences. County Solicitor— The expansion and permission of use of ORVs on County highways will attract a significant risk of liability for personal injury/death and property claims to Elgin County as owner/municipal authority with applicable jurisdiction over such highways in respect of inevitable accident/collision incidents thereon. In my opinion, it is both short-sighted and naive to simply take the position that extended permission for ORV on County highways is acceptable simply because the Province of Ontario has moved to allow such use. In a province as vast as Ontario, there are practical realities, including but not limited to the nature and volume, which should be accounted for in determining whether such extended permission should be granted. The result of such differing realities is that the extension for use of ORVs in southwestern Ontario will and should be different from that in, for example, remote areas in northwestern Ontario. I strongly recommend that use of ORV on Elgin County highways be prohibited, and out of an abundance of caution, Elgin County enact a by-law prohibiting such use on Elgin County highways. County Insurer and Consultant - I don't believe ORVs have a place on public roads. Bodily injury is greater and essentially, I see more liability policy claims from accident victims. It would be prudent for the County of Elgin to continue in IPFO 7theame direction as they have in the past...with continued restriction for ORV 3 on County Roads by by-law. Furthermore, many ORVs are generally not recommended for use on paved surfaces by ORV manufacturers. Municipalities already have numerous areas of potential risk exposure. As such, it would make sense to not introduce another risk exposure, especially one from an inherently high-risk activity. County staff share similar opinions to the comments received from the OPP, County Solicitor and County Insurer. Staff are also cognizant of roadway design fundamentals that have not explicitly incorporated ORVs as vehicle types using County roads into road design. In addition, staff would anticipate an increased road maintenance demand on road shoulder sections that experience high ORV usage. Acknowledging County Council's previous position regarding ORV use on County roads, and considering comments received from the OPP, the County Solicitor and the County's Insurer, staff continues to recommend the prohibition of ORV use on County roads. Anticipated legislation amendments on January 1, 2021 will automatically permit ORV use upon the municipal roads under the jurisdiction of local municipalities listed in Regulation 8/03. Although the County of Elgin is not listed within Regulation 8/03, it is prudent for the purposes of public clarity to pass a by-law prohibiting such use. The County Solicitor has also recommended to enact a by-law prohibiting the use of ORVs on County roads. FINANCIAL IMPLICATIONS: None. 4 PF ALIGNM"PPENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ❑ Enhancing quality of programs and services ❑ Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: Proposed legislation amendments to the Highway Traffic Act will automatically permit ORV use on local municipal roads throughout Elgin County (with the exception of the City of St. Thomas and the Town of Aylmer which are not included in Regulation 03/08) beginning January 1, 2021. Depending on the action of Elgin's local municipal partners, signage may be necessary to inform road users as to which roads ORVs are permitted to use. COMMUNICATION REQUIREMENTS: It is recommended that a copy of this report be circulated to the Elgin Group Police Services Board. It is also recommended that the notice of ORV prohibition on Elgin County Roads be posted on the County of Elgin's website to increase public awareness. CONCLUSION: Effective January 1, 2021, for municipalities listed in Regulation 8/03, all ORV types, will automatically be permitted to use municipal roads unless a municipality passes a by-law restricting or prohibiting their use. The list of municipalities provided in Regulation 8/03 includes all of Elgin's local municipal partners with the exception of the Town of Aylmer and does not include the County of Elgin. Staff solicited comments from the OPP, County Solicitor and the County's Insurer with respect to ORV use on Elgin County Roads. All parties endorsed the prohibition of 5 ORV use on County roads based upon their experience and professional fields of expertise. County Council has previously supported the prohibition of ORV use on County roads by resolution in 2004 and in 2015. As recommended by the County Solicitor, a by-law should be enacted prohibiting ORV use on County Roads out of an abundance of caution. All of which is Respectfully Submitted Approved for Submission Brian Lima Julie Gonyou Director of Engineering Services Chief Administrative Officer Peter Dutchak Deputy Director of Engineering Services REPORT o� �,�5 CAO �ortunity Is�O TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: November 5, 2020 REPORT: CAO-45/20 SUBJECT: RFP 20-03 REALTY SERVICES BACKGROUND On June 18, 2015, the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-37/15 re RFP 15-01 — Realty Services be received for information; AND THAT the Council direct staff to bring forward a by-law to enter into a Realty Services Agreement with Morgan Realty Inc. On September 28, 2020 the Municipality issued RFP 20-03 Realty Services. RFP 20-03 Realty Services closed on October 27, 2020 at 11:00 AM. A copy of RFP 20-03 is attached hereto as Appendix `A'. DISCUSSION The submitted bids were assessed pursuant to the criteria within RFP 20-03. The results of RFP 20- 03 is as follows: RFP 20-03 Realty Services Bidder Background &Qualifications Costs Additional Information Total Land/Max Realty Inc. 2 3 1 6 Morgan Realty Inc. 4 2 3 9 The Municipality currently utilizes the services of Morgan Realty Inc. RECOMMENDATION 1. THAT Report CAO-45/20 re RFP 20-03 - Realty Services be received for information; 2. AND THAT the Council direct staff to utilize Morgan Realty Inc. for Realty Services pursuant to RFP 20-03. Respectfully Submitted by: Paul Shipway CAOIClerk REQUEST FOR PROPOSAL RFP 20-03 REALTY SERVICES poi.tu Is.�o�`'�5 nity RFP CLOSING: TUESDAY OCTOBER 27, 2020 AT 11 :00 A.M. Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, ON NOJ 1Y0 The Corporation of the Municipality of Bayham Request for Proposal for Realty Services Section 1 - Instructions to Proponents 1. The Municipality of Bayham is a lower tier municipality in the eastern portion ofthe County of Elgin. The Municipality of Bayham was established on January 1, 1998 through amalgamation of the former Township of Bayham and the former villages of Port Burwell and Vienna. 2. In an effort to facilitate the sale of surplus properties, the Municipality wishes to list properties with the assistance of a realtor. A realtor would market the properties and assist the Municipality in selling the properties for fair market value. 3. Realtor shall mean an individual(s) who performs the service of listing, marketing and selling properties and shall include a real estate agent, a broker or any individual employed and properly licensed to sell real estate in the Province of Ontario. 4. From time to time, the Municipality declares properties to be surplus to Municipal needs. As part of the surplus process, the Municipality obtains valuation reports on the properties. 5. The Municipality cannot guarantee the quantity or frequency of surplus properties to be listed however, the Municipality reserves the right to list any, all or none of the properties declared surplus to Municipal needs. 6. This request for proposal is intended to solicit submissions of interest from potential realty services providers. As such, the Municipality makes no guarantees or representations whatsoever that any respondent will be retained regardless of the strength of it or any part of its response. Given the nature of the services sought and the underlying nature of the relationship, the Municipality reserves the right at all times to retain any person and/or firm for any services at its entire discretion. 7. This request does not create, and should not be construed as creating, any contractual relationship or obligations between the Municipality 8. Submissions shall be submitted sealed in an envelope, which is clearly marked "RFP 20-03 Realty Services" Submissions will be received at: Municipality of Bayham 56169 Heritage Line, Straffordville, ON NOJ 1Y0 Page -2- not later than 11:00 A.M. local time, Tuesday, October 27, 2020 Any proposal not necessarily accepted. 9. The proponent is advised that inquiries regarding the interpretation of the proposal and contract document shall be written and directed to the Municipality of Bayham to Paul Shipway, CAOICIerk. Email: pshipway(a_bayham.on.ca Section 2 —Tender Selection 1. The Municipality of Bayham will assess the submission contents utilizing the following assessment rubric. RFP 20-03 Assessment Rubric Excellent I Good Average Poor Rating 41 3 2 1 2. Interested realtors may respond to this request. In doing so, responses shall set out, concisely but in adequate detail, the information sought below. Failure to include requested information may result in the submissions not being considered. a. Background & Qualifications i. Provide a brief history and description of the realty firm. ii. Provide a resume of the individual(s) who will list the properties including a brief summary of notable transactions and achievements. iii. Identify the nature of any potential conflict of interest with the Municipality. b. Costs i. State any fees and/or rates for the services to be provided. Please include any commission fees, handling fees, advertising fees or any fees which will be charged. Please include taxes where applicable. ii. State any considerations with respect to billing or payment of fees and expenses. c. Other Information i. Provide information regarding the process for listing the properties. ii. Provide information regarding the marketing of the properties listed for sale(i.e. signage, where the properties would be listed) iii. Provide a timeline including any expiration dates which may be relevant to the realty services. iv. Provide a sample contract if the company requires the signature of contracts for services. v. Provide details of any warranties and/or limitations related tothe sale of the properties. vi. Provide details regarding to any insurance coverage you or your firm carries and how it would relate to the protection of the Municipality. vii. Provide any other relevant information you believe may be Page -3- appropriate to consider your realty services. d. Please include the attached "Statement of Interested Firm/Individual" form with the bid submission. Page -4- OA.po j.tu IS�o�`'�'�' nity MUNICIPALITY OF BAYHAM REQUEST FOR PROPOSAL REALTY SERVICES STATEMENT OF INTERESTED FIRM/INDIVIDUAL I/We have read and understand all of the requirements of the request for proposal contained in this document. I/We acknowledge that I/we have the power to bind the corporation and have set my/our hand and seal below. Dated at this day of ,2020. Witness Signature of Authorized Person Printed Name of Authorized Person Position Please include this "Statement of Interested Firm/Individual"form with the bid submission. Page-5- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-081 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE REIMER DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lot 111, Concession North Gore, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 220057, prepared by Spriet Associates, dated October 5, 2020, which is attached hereto as Schedule "A", and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $24,900.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.220057, dated October 5, 2020 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$24,900.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2020-081 A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of$0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Reimer Drain". READ A FIRST, SECOND, THIRD TIME AND FINALLY PASSED this 5tn day of November, 2020 MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-083 BEING A BY-LAW TO REPEAL BY-LAW NO. 1997-003 (Vienna) & BY-LAW NO. 2003- 096 BEING BY-LAWS TO ESTABLISH A RESERVE FUND FOR THE EDISON MUSEUM OF VIENNA WHEREAS the Council of the Corporation of the Municipality of Bayham on the 5t" day of December, 2019 directed the repeal of By-laws No. 1997-003 (Vienna) and 2003-096 and distribution of funds to the Bayham Historical Society via By-law No. 2020-013; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to repeal By- law No. 1997-003 (Vienna) and By-law No. 2003-096; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law No. 1997-003 (Vienna) and By-law No. 2003-096 be repealed in its entirety. 2. AND THAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 5t" DAY OF NOVEMBER 2020. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-084 A BY-LAW TO AUTHORIZE THE SALE OF LANDS OWNED BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act. AND WHEREAS Section 268(1) of the said Municipal Act provides in part that every municipality with authority to sell land shall pass a by-law establishing procedures governing the sale of land. AND WHEREAS The Corporation of the Municipality of Bayham passed By-law No. 2015-021 to establish a procedure governing the sale of municipal owned land. AND WHEREAS the Council of The Corporation of the Municipality of Bayham is desirous of selling property owned by the Municipality and has completed procedures pursuant to By-law No. 2015-021 for the sale of the subject lands. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Corporation of the Municipality of Bayham authorizes the Mayor and Clerk to execute all documents as may be necessary to provide for the sale of real property described as Plan 54 PT Lots 1 & A RP 11 R-2549 PT Part 1, Except Part 1 RP 11 R-7604, Municipality of Bayham, County of Elgin, known as 6342 Plank Road, Vienna ON for consideration of Two Hundred, Twenty-Five Thousand Dollars ($225,000); 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 5T" DAY OF NOVEMBER, 2020. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z716-2020 FORD 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 9.12 Exceptions — Hamlet Residential (HR) Zone by adding the following clauses: 9.12.11.1 Defined Area HR-11 as shown on Schedule "E" Richmond of this By-law. 9.12.11.2 Minimum Front Yard Depth 3.4 metres 9.12.11.3 Minimum Rear Yard Depth for an Accessory Building 2.7 metres 9.12.11.4 Maximum Floor Area for an Accessory Building 300.0 square metres 9.12.11.5 Maximum Height for an Accessory Building 6.4 metres 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "E" by changing the zoning symbol on the lands from Rural Industrial (M2) Zone to site-specific Hamlet Residential (HR-11) Zone, which lands are outlined in heavy solid lines and marked HR-11 on Schedule "E" 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. Z716-2020 READ A FIRST TIME AND SECOND TIME THIS 5T" DAY OF NOVEMBER 2020. READ A THIRD TIME AND FINALLY PASSED THIS 5T" DAY OF NOVEMBER 2020. MAYOR CLERK SEE SCHEDULE A-MAP No.4 f } \ 00 �.VA� 1y i J HR-11 / i ol/ i I 1 1 This is Schedule "E" to By-law SEE SCHEDULE A-MAP No.7 No. Z716-2020, passed the day of , 2020 Mayor Clerk MUNICIPALITY OF BAYHAM - SCHEDULE E Legend NORTH RICHMOND LPRCARegulation Limit ° 5v° ZONING BY-LAW Z456-2003 UPDATED JANUARY 16,2020 Metres THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-043 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD NOVEMBER 5, 2020 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held November 5, 2020 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 5tn day of November, 2020. MAYOR CLERK