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HomeMy WebLinkAboutOctober 01, 2015 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, October 1, 2015 7:00 p.m. Page 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 5 (a) 7:05 p.m. - Matt Schafer re Straffordville Community Centre 6 (b) 7:15 p.m. - Marni Wolfe re Straffordville Community Centre 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) 7 - 17 (a) Regular meeting of Council held September 17, 2015 Public meeting held September 17, 2015 (Zoning Ringland) Public meeting held September 17, 2015 (Zoning Thompson/Sykes) 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1. Correspondence 8.1.1 Receive for Information Page 1 of 79 2015 Regular Council Agenda October 1, 2015 Page 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 18 - 19 (a) Notice of Public Meeting re Proposed Zoning By- Law Amendment (Berkel Holdings) 10.1.2 Requiring Action 10.2. Reports to Council 20 - 34 (a) Report DS-62/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Ringland Rezoning Application 35 - 49 (b) Report DS-63/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Thompson/Sykes Rezoning Application 11. FINANCE AND ADMINISTRATION 11.1. Correspondence 11.1.1 Receive for Information 50 (a) Straffordville Evangelical Mennonite Church re Page 2 of 79 2015 Regular Council Agenda October 1, 2015 Page Letter of Intent 51 (b) Ontario Aggregate Resources Corporation re Licence Fee Disbursement under the Aggregate Resources Act 52 - 54 (c) Museums Bayham minutes of meeting held September 9, 2015 55 - 58 (d) Joint Cemetery Board minutes of meeting held August 25, 2015 11.1.2 Requiring Action 59 (a) Kirsty Moore Administrative Services Clerk for IPM Corn and Soybeans Course request for reduced fee to rent Vienna Community Centre 11.2. Reports to Council 60 - 63 (a) Report CAO-78/15 by Paul Shipway, CAO re Great Lakes Guardian Community Fund 12. BY-LAWS 64 - 66 (a) By-Law Z643-2015 Being a By-law to further amend By-law Z456-2003 (Ringland) 67 - 68 (b) By-Law Z644-2015 Being a By-law to further amend By-law Z456-2003 (Thompson/Sykes) 69 (c) By-Law 2015-105 Being a By-Law to further amend By-law 2003-098 to authorize the execution of a road use agreement 70 - 78 (d) By-Law 2015-106 Being a By-law to authorize the sale of lands owned by the Municipality of Bayham 13. UNFINISHED BUSINESS 14. OTHER BUSINESS (a) Closed session regarding the security of the property of the municipality or local board and a proposed or pending acquisition or disposition of land by the municipality or local board (Edison Museum) a proposed or pending acquisition or disposition of land by the municipality or local board (Eden Community Centre) Page 3 of 79 2015 Regular Council Agenda October 1, 2015 Page personal matters about an identifiable individual, including municipal or local board employees (Public Works Staffing Structure) 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL 79 (a) By-Law 2015-107 Being a By-law to confirm all actions of Council 16. ADJOURNMENT (a) Adjournment Page 4 of 79 _Ay, .2 o%s 4,4 cfrvid 444, ceue4, f' ich e7 co a ., coq n Cir ./Ii Jzzien? 011 ai n . woitez4i; (,) / -64,6 WiteltAVf cxn 64 to x1,21 /y / V ` Jf,V c%4 r 0417* /4h7 Id7rid ;7ZtAtt.el t--"A ./7 ote, w i 7 nay IA/ 'Lk /Y)bccli1 C ` Y (AT 0..„ .,t,o-kh .--6 , :/ka .4(fra, dAdt rued.,/ at A ,,(4/1 • ti-?( /07,7( 11 . �rf c= - az),,/ /k" Ap,$e yrii CLe,"0-evil DECEIVE .//4471/el SEP2 2 = 2015 MUNICIPALITY OF. 7:05 p.m. -Matt Schafer re Straffordville Community Centre Page 5 of 79 «+ a-c Aolcirtss J _llauL r wdu;l kc 00111Mcmiti l el��rc 14LLp i4 ti, Pt,.61cL hat,dc rafku-'-kar\ prlva-&. Yrncrnlcl P al ly nuPubol-&Lc 9 re,,k' L.0;-1-11 a u.r 9 roup s-Piu drais i rc) i d tas mai 1-kt. 9 - covpOrd't Sponsors. - Ara proposal - 9 i VL baLL4 contMu►►� -y as (.3.Svff oc: - mo.naqrd Dy 4 csroc.Q oPlOardr rnloers-.S0Icc.. VoluitAtt;s. ie. GALA\ C.C. �xs�Lc ll� w arc.. -Por`T(raL 'o orofanf 3e, plea, cud look;rib all 41 nay,c;alsolt�ior\s, CanUaSCed -1ioml P6rt-2uraw.11 +0 Edi,and 1'c.rlker and nawc Siona+arts w(ho 1hd iLVL+k1 S-Fra�'�'nrdvi IIL([Inrc,n,.tanl+y C LA.1(L Si\n(�ldL irtrnajn Pt�61c�• f 1i11f7k Id-krc -k Lt)U`J�W.bahtr1LUV1 • On•Gla d. d n0+ rL�"Itcf l`\L rams, pLOp�L,- l A u.4m tocurt �L S.6C. +D rt,main 6.tc.c bk 'o eU2ft��ont axKj4t' &. / ntL 10Dcinq I r4n Landon. Klaus LoottaJe.. . IAJ L \0 L a_ n ur k of-cifilt14 4 � law L h0+ ieL h koY1�c I rt aT D'1 (l L_t• St_toMcLititut b : 0.7,wit c--I- r4' 19 StcLa SPQacr Manx; U36I RE11EC, SEP 2 4 2015 ,\/tcw MUNICIPALITY BAYHAM 7:15 p.m. -Marni Wolfe re Straffordville Community Centre Page 6 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, September 17, 2015 7:00 p.m. 7:30 p.m. -Public Meetings -Ringland -Zoning,Thompson/Sykes—Zoning Council recessed for a short break at 7:30 p.m. and reconvened at 7:37 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, September 17, 2015 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Tom Southwick, Councillors Randy Breyer,Wayne Casier and Ed Ketchabaw, CAO Paul Shipway and Clerk Lynda Millard. Deputy Clerk/Planning Coordinator Margaret Underhill was in attendance to present her reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST&THE GENERAL NATURE THEREOF Councillor Casier declared an interest in Item 10.2(a)Consent Application 3. REVIEW OF ITEMS NOT LISTED ON AGENDA (a) Union Gas re Expansion of Natural Gas Distribution was added as Item 11.1.1(I) (b) Report CAO-73/15 by Paul Shipway, CAO re Winter Maintenance Contracts was added as Item 11.2(b) (c) By-Law 2015-104 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Wilson's Lawn Care for the provision of winter maintenance services was added as Item 12(f) Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT the agenda be accepted as amended. CARRIED 4. ANNOUNCEMENTS None. 5. DELEGATIONS None. Page 1 of 7 Regular meeting of Council held September 17,2015 Public me... Page 7 of 79 Council Minutes September 17,2015 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Regular meeting of Council held September 3, 2015 Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the minutes of the regular meeting of Council held September 3, 2015 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE,TOURISM AND ECONOMIC DEVELOPMENT 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 9. PHYSICAL SERVICES -EMERGENCY SERVICES 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 10. DEVELOPMENT SERVICES -SUSTAINABILITY AND CONSERVATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Certified Notice of Decision re Shawn & Diane Patten Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT correspondence item 10.1.1(a) be received for information. CARRIED 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report DS-60/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Application E64/15(Casier) Councillor Casier vacated his chair and moved into the gallery during discussion of the item and consideration of the resolution. Page 2 of 7 Regular meeting of Council held September 17,2015 Public me... Page 8 of 79 Council Minutes September 17,2015 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS-60/15 be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E64/15, submitted by Paula Casier, be granted subject to the following conditions: 1. copy of the final survey(paper and digital) be provided to the municipality 2. Planning Report Fee payable to the municipality 3. Letter of Undertaking providing for the merger of the severed parcel with adjacent easterly parcel as per the consent application CARRIED (b) Report DS-61/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Community Improvement Plan—Elgincentives Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report DS-61/15 be received for information; AND THAT By-law No. 2015-102, being a By-law to designate the entirety of the Municipality of Bayham as a community improvement project area and adopt a Community Improvement Plan as part of the Elgincentives Community Improvement Plan and repeal previous community improvement plan by-laws be presented for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Multi Service Centre E-Letter (b) Habitat for Humanity re Homeownership in Elgin (c) Ontario Good Roads Association re New Rules of the Road Effective September 1, 2015 (d) Ontario Heritage Trust re Lieutenant Governors Ontario Heritage Awards (e) Recycling Council of Ontario re Waste Reduction Week (f) Mary Ward re Candy throwing at the Parade (g) Crime Stoppers re Shredding Day Page 3 of 7 Regular meeting of Council held September 17,2015 Public me... Page 9 of 79 Council Minutes September 17,2015 (h) Elgin St. Thomas Public Health re Municipal Confinement of Dogs and Cats in Elgin County Under The Communicable Disease Regulation (i) Union Gas re Expansion of Natural Gas Distribution Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT correspondence items 11.1.1(a) -11.1.1(1) be received for information. CARRIED 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report CAO-72/15 by Paul Shipway, CAO re Supply, Mixing, Stacking Winter Sand Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-72/15 re Supply, Mixing, Stacking Winter Sand be received for information; AND THAT Staff be directed to award the Supply, Mixing, Stacking Winter Sand Tender to Johnston Bros. Bothwell Ltd. in the amount of 28,410+HST. CARRIED (b) Report CAO-73/15 by Paul Shipway, CAO re Winter Maintenance Contracts Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO-73/15 re Winter Maintenance Contracts be received for information; AND THAT Staff be directed to bring forward a by-law to enter into an agreement with Wilson's Lawn Care for winter maintenance activities. CARRIED 12. BY-LAWS (a) By-Law 2015-098 Being a By-law to authorize the execution of a Standard Trust Agreement between the Municipality of Bayham and Corinth Recreation Committee (b) By-Law 2015-099 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Ramona Peidl for Facility and Community Centre Management Backup Services (c) By-Law 2015-100 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Ramona Peidl for provision of Janitorial Services Page 4 of 7 Regular meeting of Council held September 17,2015 Public me... Page 10 of 79 Council Minutes September 17,2015 (d) By-Law 2015-101 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Autoform Contracting London Ltd. for the provision of sidewalk removal and replacement services (e) By-Law 2015-102 Being a By-law to designate the entirety of the Municipality of Bayham as a Community Improvement Project Area and approve a Community Improvement Plan as part of Elginincentives Community Improvement Plan (f) By-Law 2015-104 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Wilson's Lawn Care for the provision of winter maintenance services Moved by: Councillor Casier Seconded by: Councillor Breyer THAT By-Laws 2015-098, 2015-099,2015-100, 2015-101, 2015-102 and 2015-104 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS (a) Straffordville Cemetery Columbarium Verbal Report The CAO advised that the Straffordville Cemetery Committee would like to install alternative footings for the Columbariums than those which the municipal engineer and Council already approved as they thought them to be cost prohibitive and staff were not comfortable making said determination. Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Straffordville Cemetery Committee be approved to utilize foundations as per the specifications of a local contractor for the columbariums; AND THAT the drawings and specifications for the same be provided to staff. CARRIED (b) In Camera Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the Council do now rise to enter into an "In Camera"Session of Committee of the Whole at 7:37 p.m.to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board • personal matters about an identifiable individual, including municipal or local board employees. CARRIED Page 5 of 7 Regular meeting of Council held September 17,2015 Public me... Page 11 of 79 Council Minutes September 17,2015 (c) Closed session regarding a proposed or pending acquisition or disposition of land by the municipality or local board and personal matters about an identifiable individual, including municipal or local board employees (d) Out of Camera Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the Committee of the Whole do now rise from the "In Camera"session at 8:16 p.m.with progress to report. CARRIED Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT staff be directed to finalize negotiations with the Straffordville EMC and bring back an agreement of purchase and sale and by-law for the same for the Straffordville Community Centre for Council consideration. Councillor Casier requested a recorded vote In Favour Opposed Councillor Breyer X Councillor Casier X Councillor Ketchabaw X Deputy Mayor Southwick X Mayor Ens X MOTION CARRIED ON A VOTE OF 3 TO 2 IN FAVOUR 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (a) By-Law 2015-103 Being a By-law to confirm all actions of Council Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT confirming By-law 2015-103 be read a first, second and third time and finally passed. CARRIED Page 6 of 7 Regular meeting of Council held September 17,2015 Public me... Page 12 of 79 Council Minutes September 17,2015 16. ADJOURNMENT (a) Adjournment Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the Council meeting be adjourned at 8:22 p.m. CARRIED MAYOR CLERK Page 7 of 7 Regular meeting of Council held September 17,2015 Public me... Page 13 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, Septmber 17, 2015 7:30 p.m.—Ringland Present were Mayor Paul Ens, Deputy Mayor Tom Southwick, Councillors Randy Breyer, Wayne Casier, and Ed Ketchabaw, CAO Paul Shipway and Clerk Lynda Millard. Deputy Clerk/Planning Coordinator Margaret Underhill was in attendance. There were no signed in attendees. 1. CALL TO ORDER Mayor Ens called the public meeting to order at 7:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST&THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT (a) Application submitted by William and Jacqueline Ringland The purpose of the public meeting is to consider an application to change the zoning on a recently severed lot from the Agricultural (A1)Zone to the site-specific Rural Residential (RR-27)Zone and to change the zoning on the retained parcel of land from the Agricultural (A1)Zone to the site-specific Special Agricultural (A2-11) The effect of the by-law will be to accommodate the severance of a surplus dwelling and to prohibit the establishment of any new residential dwellings on the retained agricultural lands in accordance with the land severance policies of the Official Plan 5. PUBLIC PARTICIPATION None. Page 1 of 2 Regular meeting of Council held September 17,2015 Public me... Page 14 of 79 Council Minutes September 17,2015 6. CORRESPONDENCE (a) The Planning Coordinator provided comments received from Bill Ringland on September 16, 2015. The Planning Coordinator was notified by Mr. Ringland that the house is setback 22.8m (75 ft.)from the road not 9.45m as per the application and the shed will be moved to a different location. The Planning Coordinator advised that the draft zoning by-law will reflect these comments when presented at the next Council meeting. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the Public Meeting be adjourned at 7:34 p.m. CARRIED MAYOR CLERK Page 2 of 2 Regular meeting of Council held September 17,2015 Public me... Page 15 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville,ON Council Chambers Thursday, September 17, 2015 7:30 p.m. -Thompson/Sykes Present were Mayor Paul Ens, Deputy Mayor Tom Southwick, Councillors Randy Breyer, Wayne Casier, and Ed Ketchabaw, CAO Paul Shipway and Clerk Lynda Millard. Deputy Clerk/Planning Coordinator Margaret Underhill was in attendance. There were no signed in attendees. 1. CALL TO ORDER Mayor Ens called the public meeting to order at 7:36 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST&THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT (a) Application submitted by Rob Thompson and Donna Sykes The purpose of the public meeting is to consider an application to change the zoning on a recently severed parcel from the Agricultural (Al)Zone to the Rural Residential (RR)Zone and to change the zoning on the retained parcel from the Agricultural (A1) Zone to the site-specific Special Agricultural (A2-12)Zone The effect of the by-law will be to accommodate the severance of a surplus dwelling and to prohibit the establishment of any new residential dwellings on the retained agricultural lands in accordance with the land severance policies of the Official Plan 5. PUBLIC PARTICIPATION None. Page 1 of 2 Regular meeting of Council held September 17,2015 Public me... Page 16 of 79 Council Minutes September 17,2015 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the meeting be adjourned at 7:37 p.m. CARRIED .a., 1•,� MAYOR CL RK Page 2 of 2 Regular meeting of Council held September 17,2015 Public me... Page 17 of 79 6L JO 81 05Ed "'Tuatupuauzy pasodoId az 2ugaayy arlgnd Jo aopoM WA Lynda NA hard,Clerk NOTICE OF A PUBLIC MEETING Municipality of Ba ham CONCERNING A PROPOSED P Y y ZONING BY-LAW AMENDMENT 9344 Plank Road OA ((c IN THE MUNICIPALITY OF BAYHAM Straffordville ON NOJ IY0 l` (hand-delivered) p'1nunity is-g°4t APPLICANT: BERKEL HOLDINGS TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday,October 15th,2015 at 7:30 p.m.in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning on a 4.0 hectare(9.88 acre)parcel of land, from the Rural Commercial(RC)and Agriculture(A1)Zones to a Rural Residential(RR)and Rural Residential Exception(RR-28)Zones in Zoning By-law Z456-2003.The subject lands are located on Part Lot 15, Concession 10, on the south side of Green Line, west of Elliot Road and known municipally as 56129 Green Line. THE EFFECT of this By-law will be to permit the construction of a single detached dwelling and to permit a lot frontage of 47 m instead of 50 m for the existing dwelling. Subject to Consent Application E46/15. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. 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 Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment,you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 25th day of September 2015. KEY MAP MUNICIPALITY OF BAYHAM rxess''''°"-- Margaret Underhill it Deputy Clerk/Planning Coordinator I01 16 Municipality of Bayham P.O. Box 160,9344 Plank Rd. 1,0r,- Straffordville,ON, NOJ 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 ----__� E-mail: munderhill(c bavham.on.ca k.7JYP SUBJECT LANDS) 1,01'16 ///t7 / 114 .t0° \ .4~ • • i V� I -____------ _ 0.64 X 5600'{ 7 �e —.4,. __-.5.4225',.t.__ .. LIp_.... ... . r 69 113 70© / 3't '53364 ORINTH Z," ,j - 4. I ` �_ _ -EST UNE 6 ,.i n° • 55025 bet' Q a l� _ _��il - W.; IPPlir CAR-eN UNE `il ii: ` 0' >. • 56275 ,.L pi"- J : .1 np O :a� U O QO„;.553367 �I•o zz W Gt ORTH550 EDEN.UNE , pi ¢ • ADO ." :d.......11.' <a o HALL 41 © 5702a ...' ',7c<1. to' pi ii! . SHADY .., EDEN .- \ 52637 LANE $ W:.`'o.. ONy 1DGE y>6 ,, - .':CB.::.`; .,. Li., �'OTTERGATE Lt R E 0 El NE B LINENUN 1 - <UNE 8,,`" GROyE L Er :EINE n / iP 0. g9 , .,O4 FO-D o� UNE -6 3-i G� N, LINE p}�O, ---1HOW . Z uN 11111.q1 I ICHMON• �p d Q UY ( 4 30 • ? ,r Or> • L: 543 184434 ° S-' . 8338 / N. 57yw` _ Q D ®' cn Q • �m 0 -'-:-...',.).-i-,,,,•,•,° .w f O ,� 5612•�I_ ERS\PG ¢ 266 ,i„ tri V\�� O < W D R. m U a° Z °aegis uNE � � z ✓asks 0; o 52398 d:. ,SEs z..6' I: 7@j ,SNF �� 52647 { 111 L\NE [ W I1> �i'i . a0 �.- - ,.. 25p S`i62b 52651 ACTON 5p6 TON X14 : 0 • U I... -: D€ m ¢ . .5. o CINE .o O¢ ZP ,53481 _ O Y 3'S �. Z ¢. w p Z • • O 0• - Z • n O, 1. ill;di m 53348 o MCp�GG,gN /.. W O¢ • ��. .I m 5 .'�.. 52521 'c 3,x ,..6:-Q.,. 5 58 9 r O i [ F� 2r>IeNNa,...,,NE.• Ml,N "-I� C50 V�•hr i a O D • ® ,_._,,,,........,.„...,,seF VI �L4KEview o a o D IENNA 5'829 0 a 52661 Q e,::: gg�10 3 , 55838 m., Z ..„. . .Z SCO0 3 • I,,. >> O T Q -Z/N m.... �c 5 466., W ° ¢ UNNeCVNE t ,Ti ,.. .„ N. Npe. - Z Q .. h Witgil m\ y� g o �9 5� �, E � ®' °a 608{•�NEkr ° PARKINCIAL�.:: ®�m IOy tr: eke 7626 i P•RT BURWELL cl, SyORe '` , / ': 529 F r i''''''''''1 5 r t i erf a 'F. 5' a ..."F :'••mfb' n. ...a •wsaxnau ....+ry.....ova w.m ..w,.. .m. a ... Notice of Public Meeting re Proposed Zoning By-Law Amendment... Page 19 of 79 INN-YHA-4f -40 il 10 _,,,..,..., , ..., - , ,t) 44*.i. REPORT o^ 4,.e, DEVELOPMENT SERVICES o -Pp Ortunity Ism TO: Mayor& Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: October 1, 2015 REPORT: DS-62/15 FILE NO. C-07/ Dl3.RING Roll#3401-000-003-02502 split SUBJECT: Rezoning Application—Ringland BACKGROUND: William and Jacqueline Ringland submitted a rezoning to application to rezone their property at 55738 Calton Line. The property is subject to Consent Application E45/15 granted August 26, 2015 for the purpose of a surplus farm dwelling severance. On September 16, 2015 Mr. Ringland informed staff the Notice of Public Meeting is incorrect. The existing dwelling meets the required front yard setback at 22.8 metres, where 15.0 metres is required and the shed will be relocated further away from the easterly property line whereby meeting the side yard setback requirement for an accessory building. A public meeting was held on September 17, 2015 at 7:30pm to consider the rezoning. No additional applicant or public comments were received. THE PURPOSE of this By-law is to change the zoning on a recently severed lot measuring 3173 sq. m. (0.78 acre) in area, from the Agricultural (A1) Zone to the site-specific Rural Residential (RR-27) Zone, and to change the zoning on the retained 21.4 hectares (53 acres) of land from the Agricultural (A1) Zone to the site-specific Special Agricultural (A2-11)Zone in Zoning By-law Z456-2003. The subject lands are located on Part Lots 13 & 14, Concession 5, on the north side of Calton Line, at the intersection with Bogus Road, and known municipally as 55738 Calton Line. THE EFFECT of this By-law will be to accommodate the severance of a surplus dwelling, and to prohibit the establishment of any new residential dwellings on the retained agricultural lands in accordance with the land severance policies of the Official Plan. Site-specific regulations on the severed lands are required to address the lot area of 0.32 ha, where 0.4 hectares is the required minimum lot area for a Rural Residential (RR) parcel. Also, site-specific regulations are required on the retained lands to recognize the reduced lot frontage of 132.5 metres, where 150.0 metres is the required minimum lot frontage for an agricultural parcel. Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 20 of 79 Staff Report DS-62/15 Ringland 2 DISCUSSION: Rezoning is a condition of the consent to sever a surplus farm dwelling from the subject lands. The site-specific regulations were discussed at the public meeting and are reflected in the draft By-law Z643-2015. Staff and planner are supportive of the zoning amendment as per the recommendation in this report. ATTACHMENTS: 1. Rezoning Application June 16, 2015 2. Draft Zoning By-law Z643-2015 RECOMMENDATION 1. THAT Report DS-62/15 be received for information; 2. AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by William and Jacqueline Ringland, described as Concession 5 Part Lots 13& 14 from Agriculture(A1)to site-specific Special Agriculture(A2-11)on the retained lands and from Agriculture(A1)to site- specific Rural Residential (RR-27)on the severed surplus farm dwelling portion; 3. AND THAT Zoning By-law Z643-2015 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: ,/6 '4{f?, y Margaret Underhill Paul Shipway Deputy Clerk/Planning Coordinator CAO Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 21 of 79 0-YH.A,1 MUNICIPALITY OF BAYHAM _16, � P.O. Box 160 `/ Straffordville, Ontario O�, 4 c, NOJ1Y0 ECEI F a xtunity 1s Phone (519) 866-5521 Fax (519) 866-3884 JUN 1 6 2015 MllNiCimu s ti OF WF ilia APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Planning Coordinator/Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The informa ' form must be completed in full. This mandatory information must be provided with a fee • $2,000 'oning By-law Amendment or Temporary Use Zoning By-law)or$1500 (Temporary Use -oning By-law Renewal)or$1500(Zoning Amendment to Remove Holding Provision). If the application is not completed in full,the application will be returned. ME,William and Jacqueline Ringland shall assume responsibility for any additional costs exceeding 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. \ ‘14. Property Owner ,7S it/GL,,,Lci roperty Owner FOR OFFICE USE ONLY DATE RECEIVED: / /f/6 AMOUNT RECEIVED: �O 0Q i o sir) DEEMED COMPLETE:44?a; RECEIPT#: 90-'72/ FILE NO: . DATE ADOPTED BY COUNCIL: -7b GOC ee y7 .- Revised February 2015 Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 22 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name: William and Jacqueline ringland Address: 55374 Light Line, Vienna, ON NOJ 1Z0 Phone No.(Home): 519-550-6686 Business: Fax: Email: 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: David R o e Address: 599 Larch St. Delhi , ON N4B 3A7 Telephone No.: 519-582-1174 Fax: Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent (x ) 3. Legal Description of the land for which the amendment is requested:Roll# 34-01-000-003-02502 Concession: 5 Lot: 13 & 14 Reference Plan No: 11 R 2083 Part Lot: 1 Street and Municipal Address No.: 55738 C a] ton Li np What is the size of property which is subject to this Application? total parcel Area: 21 .7 7 h a x Frontage: 18 4.5 m Depth: 1023.1m m When were the subject lands acquired by the current owner? _ 4. Existing Official Plan Designation: Agricultural How does the application conform to the Official Plan? i)wal l i ng made snrpl its thrnngh farm ronsol i dati on Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 23 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 3 5. Existing Zoning By-law Classification: Al What are the current uses of the subject lands? Agricultural cash crop farming If known,provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback House 9. 5m llm/17m 29m 4.6m Shed 24m ,2m� 37m 2.5m - 6/S, r- i,/ �-747/ ,-fi0� If known,provide the dates in which each of these buildings were constructed. March 31 , 2003 6. What is the Nature and Extent of the Rezoning? Rezone lot for surplus dwelling and restrict new dwelling on retained parcel 7. Why is the rezoning being requested? to complete severance Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 24 of 79 • Municipality of Bayham Zoning By-law Amendment Application Page 4 8. Does the proposed Zoning By-law amendment implement a growth boundary adjustment of a settlement area? no If so,attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? n o If so,attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e.permitted uses, buildings or structures to be erected.(Be Specific) rezone severed surplus farm dwelling and lot and restrict new dwelling on retained parcel For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback nothing new proposed 11. Services existing or proposed for the subject lands:Please indicate with a 0 Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( x ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 25 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 5 Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( x ) n/a ( ) 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: existing drainage Proposed Outlet: 12. How will the property be accessed? Provincial Highway( ) County Road(x ) 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? Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 26 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 6 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision( ) Consent( x ) applied f o r Zoning By-law Amendment( ) Ministers Zoning Order( ) If yes to any of the above,indicate the file number and status of the application. vs// - 4 /70(f)- 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? dwelling surplus through farm consolidation 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes,does the proposed amendment conform to the Provincial Plan(s)? 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing ❑ the boundaries and dimension of the subject lands; ❑ the location,size and type of all existing and proposed buildings and structures,indicating their setbacks from all lot lines,the location of driveways,parking or loading spaces, landscaping areas,planting strips,and other uses; Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 27 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 7 ❑ the approximate location of all natural and artificial features(buildings,railways,roads, watercourses,drainage ditches,banks of rivers or streams,wetlands,wooded areas,wells and septic tanks)that are on the subject lands,adjacent to the subject lands,or in the opinion of the applicant may affect the application; O the current uses of the land that is adjacent to the subject land; O the location,width,and name of any roads within or abutting the subject land,indicating where it is an unopened road allowance,a public traveled road,a private road,or a right- of-way; ❑ the location of the parking and docking facilities to be used(if access will be by water only); ❑ the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St.Thomas Health Unit,Long Point Region Conservation Authority and Ministry of Transportation(if applicable). (c) If a private sewage system is necessary,pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council 20. If this application is to accommodate the consent of a surplus farm dwelling,please provide the following information: Date surplus farm dwelling was erected: March 31 , 2003 Please provide the assessment roll number,location,and zoning of the farm parcel with which the subject lands is being consolidated. 00214400, 00302500, 00802200, 00211701 Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 28 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 8 I/We, David Roe ,of the l' .k: i �'inrL" �:. ".i;i}'.€Sti()iCStyi1'i atm;:c. of ,in the county of Norfolk ,do solemnly declare: my :f'c ie Coua_y Nam (i) that I/We am/are the owner(s)of the lands described above Agent (ii) 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. 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: �/ i,a AI Municipality of Bayham Owner/Agent in the County/Region of Elgin this IL day of M y`"' 20 15 Owner/Agent A.M74di ' 7LA e/ /,11" MARL ARET UNDER111LL,a Commissioner,eta A Comm ssioner,etc. Deputy Clerk of the Corporation of the May 2 015 Municipality of Bayhan. We William and Jacqueline Ringland appoint David Roe to be our agent for this ',lanning application. / qt\‘41% cle..-t— William Ring,and acqueline Ringland Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 29 of 79 0 cA C �' Geocortex' �+�a, •• •:Essentials 55738 Calton Line Lyons 4'rorArGISScr.c r<<ler U r1f ton 'intlt l :Ief hronLu k: DuttFttlt�JjJ�na m -�a" .' RVJ!eetLorne Vienna Pat t3lasgov: r. c Lt's '..r Legend C7 Image p _ ^. Red: Band_t . 'L ,. r -.Y �. _ • Green:eand_2 iiiii iiii. ( � World Street Map ',4.::;,,'.", ;0cak B ,�,� �� � Severed Parcel r - 4', B F it /..// T: r Retained Parcel /1/ /f -' ^a . 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Z643-2015 RINGLAND 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 6.12 Exception-Special Agriculture(A2)Zone by adding the following clauses: 6.12.11.1 Defined Area A2-11 As shown on Schedule"A", Map No. 8 to this By-law. 6.12.11.2 Minimum Lot Frontage 132.0 metres 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule"A", Map No. 8 by removing lands from the Agricultural (A1)Zone and changing these lands to the Special Agricultural(A2-11)Zone,which lands are outlined in heavy solid lines and marked A2-11 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 3) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Section 7.13 Exceptions- Rural Residential (RR)Zone by adding the following clauses: 7.13.27.1 Defined Area RR-27 As shown on Schedule"A", Map No. 8 to this By-law. 7.13.27.2 Minimum Lot Area 0.3 hectares 4) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule"A", Map No. 8 by removing lands from the Agricultural (A1)Zone and changing these lands to Rural Residential(RR-27)Zone,which lands are outlined in heavy solid lines and marked RR-27 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 5) THIS By-law comes into force: Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 32 of 79 a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 1st DAY OF OCTOBER 2015. READ A SECOND TIME THIS 1st DAY OF OCTOBER 2015. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF OCTOBER 2015. MAYOR CLERK Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 33 of 79 it SEE SCHEDULE A-MAP ND.5 SEE SCHEDULE A• 3. MAF No.S / I _.r----' ,...,)---r--. sr Lar Oti, ll J r rwl% ' j- _ SEESCHEDULEF- LOT 110 - 1 MAP STRAFFORUHIL LE 1 LOT 10 1 ti - �.� M1 6 11,‘LOF 121 -- , .�f_ : LOT I"c2 1 xv�, I 't -, LOT 123 LOT 124 LOT 125 �UTAI I:XFi -- LO-126 Lu '••� TALBOT 1 ir.. a 4 ROJO EAST w uN —~i i J .J, – N I S ^, iON6 ,i - I !1 i ,..,....,,________. I it / w 111 LOT I9E1 II —mil ��} ! ., rn 1?Y LOT 11 Y "! ` w w _f;-`� E LOT 12 -;:-_-,-/...1...-.1 i N L. �('_ .� CON 5 10 14 ---.- jl ."N r1 i i -p LOT 15 i I i O LOT 16 , I 14 LOT IJ . 1} i" l,•-} LOT IS /t j li A211 ti ttiA j ''stron,L4R _ RR-27~",�– �`-_i - This is Schedule"A"to By-law -- ' r Cj N o.Z643-2015,passed the day of ,2015 �^..: 1II 1 11 SEE SCHEDULEA-ME.F No.11 � 3' Mayor Clerk ""-. MUNICIPALITY OF BAYHAM Legend j p Za IA i SCHEDULE Ar_ LrrscAaey,�61Lmn MAP No.8 m° Nil am Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning... Page 34 of 79 v,AYH.E ? it1'4440 ""lith REPORT o DEVELOPMENT SERVICES o � ��'urtunity Ism �► TO: Mayor& Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: October 1, 2015 REPORT: DS-63/15 FILE NO. C-07/ D13.THOM Roll#3401-000-002-14700 split SUBJECT: Rezoning Application—Thompson/Sykes BACKGROUND: Robert Thompson and Donna Sykes submitted a rezoning to application to rezone their property at 55963 Calton Line. The property is subject to Consent Application E42/15 granted July 22, 2015 for the purpose of a surplus farm dwelling severance. A public meeting was held on September 17, 2015 at 7:30pm to consider the rezoning. No additional applicant or public comments were received. THE PURPOSE of this By-law is to change the zoning on a recently severed lot measuring 4048.9 sq. m. (1.0 acre) in area, from the Agricultural (A1) Zone to Rural Residential (RR) Zone, and to change the zoning on the retained 40.0 hectares (99 acres) of land from the Agricultural (A1) Zone to site-specific Special Agricultural (A2-12) Zone in Zoning By-law Z456-2003. The subject lands are located on Part Lot 14, Concession 4, on the south side of Calton Line, east of Bogus Road, and known municipally as 55963 Calton Line. THE EFFECT of this By-law will be to accommodate the severance of a surplus dwelling, and to prohibit the establishment of any new residential dwellings on the retained agricultural lands in accordance with the land severance policies of the Official Plan. Site-specific regulations on the retained lands are also required to recognize the larger 40 hectare minimum lot area. DISCUSSION Staff and planner are supportive of the purpose and effect of the zoning amendments as per the recommendation in this report to satisfy the condition of consent. ATTACHMENTS: 1. Rezoning Application August 12, 2015 Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 35 of 79 Staff Report DS-63/15 Thompson/Sykes 2 • 2. Draft Zoning By-law Z644-2015 RECOMMENDATION 1. THAT Report DS-63/15 be received for information; 2. AND THAT Zoning By-law Z456-2003,as amended, be further amended by changing the zoning on the lands owned by Robert Thompson and Donna Sykes, described as Concession 4 Part Lot 14 from Agriculture(Al-A)to site-specific Special Agriculture(A2-12)on the retained lands and from Agriculture(A1)to Rural Residential(RR)on the severed surplus farm dwelling portion; 3. AND THAT Zoning By-law Z644-2015 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: • t Marga'ret'Underhill Paul Shipway Deputy Clerk/Planning Coordinator CAO Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 36 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z644-2015 THOMPSON SYKES 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 6.12 Exception-Special Agriculture(A2)Zone by adding the following clauses: 6.12.12.1 Defined Area A2-12 As shown on Schedule"A",Map No. 11 to this By-law. 6.12.12.2 Minimum Lot Area 40.0 hectares 2) THAT By-law No.Z456-2003,,as amended,is hereby further amended by amending Schedule"A", Map No. 11 by removing lands from the Agricultural(Al-A)Zone and changing these lands to the Special Agricultural(A2-12)Zone,which lands are outlined in heavy solid lines and marked A2-12 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 3) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 11 by removing lands from the Agricultural(Al-A)Zone and changing these lands to Rural Residential(RR)Zone,which lands are outlined in heavy solid lines and marked RR on Schedule"A" to this By-law,which schedule is attached to and forms part of this By-law. 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time;or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 151 DAY OF OCTOBER 2015. READ A SECOND TIME THIS 151 DAY OF OCTOBER 2015. READ A THIRD TIME AND FINALLY PASSED THIS 151 DAY OF OCTOBER 2015. MAYOR CLERK Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 37 of 79 SEE SCHEDULE A-MAP ND.8 SEE SCHEDULE A -MAP No 3 r44Y. cy� RRA LOT 10 1 1 LOT IIi �= � "-....., p t tea., LOT 12 2C 4- n LOT 13 fq.- 1 i z LOT • 14 ~ 1 � r a . $ ,. , LOT IS 2 I 11 --.LOT 16 I. .,µ Lot r3 u �� = gy.4� 1 LOT IA n A W E 2 1 0 l 2 <„? w J ' - CON 3 : w E, , SEE SCHEDU LE H [ .11 L .EIAP'31 ENNA - r ,Jt' r y1r f CON3 P12..y41,11Y4, i� • ii f+ tf This is Schedule"A"to By-lair No.2644-2015,passed the day of ,2015 ] SEE SCHEDULE A-ASAP No.14 _ Mayor Clerk 1 MUNICIPALITY OF BAYHAM Lena - nomH SCHEDULE A p zeLA o m NAP No.11 Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 38 of 79 -00114,4 MUNICIPALITY OF BAYHAM +"'�"' ? P.O.Box 160 j4;41 �� Straffordville,Ontario opp����o�{y NOJ 1Y0 tyPhone(519)866-5521 Fax(519)866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY—LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Planning Coordinator/Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000(Zoning 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. 0/4N C- I/WE, Ki C>h F`lam.I T t O t''(" O fes-, X _shall assume responsibility for any additional costs exceeding 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. i 'i" t ' Gla^-- Property Owner ii wry -v-1 cl S, Property Owner FOR OFFICE USE ONLY DATE t AMOUNT RECEIVED: 4C,71-1C-)0 DEEMEDCOMYLETE: RECEIPT#: r io 54/7 FILE NO: 'D/3/- * r'%1 DATE ADOPTED BY COUNCIL: Revised February 2015 Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 39 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name: r 0 RE-1.2___T `7/ ()/v t(r O 14 100 NINA ,S'Yf< S Address: 7/ S L I&tf T L-/l`1 C Phone No.(Home): Business: S / 9 5 0 - 3 1 7 3 Fax: Email: r CL) `' f _+ C-?_v e_ 1 it M e nT S CR. 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: p ''4-- --- L E I 1 v•E'- ` Li& 3 s-5-S? Address: 6 5 1 c 1c l �;�! ‘-t-c t %il r Gl T—{ 1441Telephone No.: 5 (ci 7 3 5 I Fax: I. e L1z- 3Cl v 2 Pe,I-e.r 1C,(t:k-1e- . �' -{ tL(�c��,� fc' tiv.�,tei . cc) � Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent ( 3. Legal Description of the land for which the amendment is requested:Roll# -�Y ooO Z Ii/700 Concession: 1/ c xC e/�t PI 2 Lot: /Nl I/i !? ( I /14 Reference Plan No: Part Lot: Street and Municipal Address No.: 5- 5 9 b _> C Gt i-1l What is the size of property which is subject to this Application? Area: 4j/0 1/Gt tf m2 Frontage: t. m Depth: j 7 7S Z m When were the subject lands acquired by the current owner? A h+ I 2-0 f s 4. Existing Official Plan Designation: .4 r c. (71a zc v---c Lc t d�� �c J rl pct{ How does the application conform to the Official Plan? jr- ..l "1-Le_ G v-+ti C.U /t. ,)-O Cn. U n e^-^- . ;.;..r /� V.! (t ^� erp1t( y J. Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 40 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 3 5. Existing Zoning By-law Classification: What are the current uses of the subject lands? j . L If known,provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback If known,provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? C' t- 4 A 2 7. Why is the rezoning being requested? • +; . y C e 4Itcct4« A h.( 1121IS Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 41 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 4 8. Does the proposed Zoning By-law amendment implement a growth boundary adjustment of a settlement area? f _' If so,attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? N If so,attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested(i.e.permitted uses, buildings or structures to be erected.(Be Specific) For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback 11. Services existing or proposed for the subject lands:Please indicate with a V Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ) ( ) Private Dug Well ( i'') ( ) Communal Well ( ) ( ) Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 42 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 5 Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) VAT-6 L-t O..�-1€43 s9N0--.- c ) I I-4 r D tlt L WC-7"— Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ice S ( ) 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: 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? Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 43 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 6 13. Has the subject land ever been the subject of an application under the Planning Act for: l 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. Cu .cmoi. )/)I 1 C ci�- ,„ — I S- 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 9 )� e (Vin' •�?.� riCC 4 c^ + L - Vii —P �} 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)? /\(u 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location,size and type of all existing and proposed buildings and structures,indicating their setbacks from all lot lines,the location of driveways,parking or loading spaces, landscaping areas,planting strips,and other uses; Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 44 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 7 • the approximate location of all natural and artificial features(buildings,railways,roads, watercourses,drainage ditches,banks of rivers or streams,wetlands,wooded areas,wells and septic tanks)that are on the subject lands,adjacent to the subject lands,or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location,width,and name of any roads within or abutting the subject land,indicating where it is an unopened road allowance,a public traveled road,a private road,or a right- of-way; • the location of the parking and docking facilities to be used(if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St.Thomas Health Unit,Long Point Region Conservation Authority and Ministry of Transportation(if applicable). (c) If a private sewage system is necessary,pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council 20. If this application is to accommodate the consent of a surplus farm dwelling,please provide the following information: Date surplus farm dwelling was erected: / (0) Please provide the assessment roll number,location,and zoning of the farm parcel with which the subject enlands is being consolidated. (� I ) !� Cc's s)--0r ((( ( O„ 0T {I -AC' C? € c_ d � 1-}e- rf,0 ' 11 .E t, e_ ro Lie ( z(7t 5 %r co0 — ca0L - cWoo Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 45 of 79 Municipality of Bayham Zoning By-law Amendment Application Page 8 IQ d.�Q.)----1- T a L.1 p;;z'/, 5,- 1/We, r'I/We, 11,aC,>n✓16,. CT N/>I<e .S ,of the Jt) tvrr/C //-',1- L /Ty Name Town!ToanshipiCilyNillage etc. of 3 Y/1 // ,in the county of C L -1 it ,do solemnly declare: Municipality Name County Name (i) that I/We am/are the owner(s)of the lands described above (ii) that to the best of my/our knowledge and belief,all of the information and statements given in this application and in all exhibits transmitted are true. (iii) thatfli)WO hereby appoint f)(:-4-1- 1---Q` \' t e 1 to act as an Agent on my/our behalf in all aspects of this application. 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". ,11 Oit DECLARED BEFORE ME at the: / -4 El( V't," ) t ' r :,,�I C //;`? t. ; 7_ ( of /?,'---) /-i1,4/'LI we gent') in the County/Region of 6 L 6-(N this 7,a2 114 �.G 44/ %i�^.-..------ day of /�c-[�(�f� 20 ��' J� �J fad ,•" 771d 4-1793-6/LI caner%/Agent 7 - ; t(/cep J/- A Commissioner,IVOGARET UNDERHILL,a Commissioner, efe. III ' /e/ Deputy Clerk of the Corporation of the Municipality of Boylan!. Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 46 of 79 0 }CAL, I '"I cR/c��TU 50.00 _,, ' LAA'E' (cOUN R,14” 3833 ` ., TY ���D SKETCH ILLUSTRATING PROPOSED SEVERANCE `\ I \ • 5) PART OF LOT 14 (\ . ; --„,,, • CONCESSION 4 $ GEOGRAPHIC TONN911P OF BAYHAAI i 1 I COUNTY OF ELGIN , r NOT TO SCALE ; A e f ,z. TO BE RETAINED a' 1HOUS LOT 14 E LOT 15 I 6 M I BARN M1 I J 2- I a 1 d' 1 N I=- g 1 S N ss n n 15 U I fY I 0 /i it a i I- ,/ '''0pe>l' J • r-' d 0o GEDGFIAPHIC TOWNSHIP �t�OF BAYHAM it 0 ,ll I a TO BE RETAINED i , 1 1 7 4 ''' \i TU 0 1 1 I 1 --C 17.37 ' I I I COUNTY ,e.,a °"ta1/10 % I OF ELGIN Nolo um 7- 0 i 8 1 " PARCEL ~A~ AREA OF PROPOSED SEVERANCE TO BE SEVERED = 4048.9 SQUARE METRES = 1.00 ACRE al , T 36.12 1 TO BE RETAINED 1-1 1-- 0 o KIM RUSTED SURVEYING LTD, —1'-I ONTARIO LAND SURVEYOR BARN ' 30 HARVEY SWEET.ni30NO RO,CNTMa 1440 a® "AGRICULTURAL" I FMB 51a-042ae313 FAX 510-342-3039 PROJECT: 15-11519 REFERENCE FILE Dg`"" EREN C:\INC AD2015\15-11519.dwg, 6/1/2015 2:02:25 PM, KIP 7100.pc3 Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 47 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z644-2015 THOMPSON SYKES 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 6.12 Exception-Special Agriculture(A2)Zone by adding the following clauses: 6.12.12.1 Defined Area A2-12 As shown on Schedule"A",Map No. 11 to this By-law. 6.12.12.2 Minimum Lot Area 40.0 hectares 2) THAT By-law No.Z456-2003,,as amended,is hereby further amended by amending Schedule"A", Map No. 11 by removing lands from the Agricultural(Al-A)Zone and changing these lands to the Special Agricultural(A2-12)Zone,which lands are outlined in heavy solid lines and marked A2-12 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 3) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 11 by removing lands from the Agricultural(Al-A)Zone and changing these lands to Rural Residential(RR)Zone,which lands are outlined in heavy solid lines and marked RR on Schedule"A" to this By-law,which schedule is attached to and forms part of this By-law. 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time;or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 1"DAY OF OCTOBER 2015. READ A SECOND TIME THIS 1"DAY OF OCTOBER 2015. READ A THIRD TIME AND FINALLY PASSED THIS 1"DAY OF OCTOBER 2015. MAYOR CLERK Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 48 of 79 SEE SGHEDU LE A-MAP No.8 SEE SCHEDULE -MAP No.9 :4:A212 RR � 'r„- LOT 10 I, r...., '' '.' rr II ( LOT II Jii LOT12 _ - 1 l• _ LOTj13 0 I' _ 2 LOT 14 1 $ CON 4 LOT IS � LOT16 i.`� W ' -'-.,,.y - i LO1"i� (It = r / i _ i 5 LOT IS w 4'12 a� _i _r-.... t -_1 �; ,, Cs 1 ' ' T-,.....i W CON 3 J -- Q ,,.„,,,..=,, N .t W SEE SCHEDULE H i N til �(i -MAP VIENNA 1 i ,y --� -.-i I �.., if 1 �11 ' curt + if This is Schedule"A"to By-law 1 .. No.Z644-2015,passed the ''''''4'L,,,, f' vil day of ,2015 ', SEE SCHEDULE A-MAP No.14 Mayor Clerk h..„,,,„,,,,,.„ I MUNICIPALITY OF BAYHAM Legend - SCHEDULE A p zetA MO H M4P No.11 'm I Report DS-63/15 by Margaret Underhill,Deputy Clerk/Planning... Page 49 of 79 Sfrafforokrillx, EMC 8277 Plank Road, R.R.1 (519)866-5460 Straffordville ON NOJ IY0 semchurch@amtelecom.net September 18 2015 Letter of Intent To whom it may concern, The intention and vision of the Straffordville Evangelical Mennonite Church (SEMC) in the purchase of the Straffordville Community Centre, is a two fold vision. Firstly, it will accommodate our church functions and weekly worship services. Secondly, we intend for the facility to remain a community centre for the purpose and functions of public rentals. We also plan to accommodate the community in such events as the water melon festival etc. We have proposed a future expansion for the purpose of increasing the availability of the current facility for public rentals. We also anticipate a rental agreement that would accommodate the public for most functions. The use of alcohol will not be prohibited, but discouraged. Groups wishing to include the use of alcohol in their rental, will be approved on a case by case basis at the discretion of the directors of the SEMC. We look forward to a good working relationship with the community of Bayham. Respectfully submitted by, Board of directors of the SEMC Straffordville Evangelical Mennonite Church re Letter of Int... Page 50 of 79 VE REs0, s THE ONTARIO AGGREGATE RESOURCES CORPORATION a A 1001 CHAMPLAIN AVENUE,SUITE 103,BURLINGTON,ONTARIO L7L 5Z4 TEL:(905)319-7424 FAx:(905)319-7423 TOLL FREE:(866)308-6272 WWW.TOARC.COM MUNN ill= °Alamo E c L Vam SEP 18 2015 September 15,2015 MUNICIPALITY OF BAYHAM Attention: Municipal Clerk/Treasurer Regarding: Licence Fee Disbursement under the Aggregate Resources Act Enclosed is a cheque that represents payment of your share of the licence fees collected from aggregate producers within your municipality. The amount of the cheque is based on aggregate production that took place in 2014. If any outstanding fees were collected from prior years, your share is included in this cheque as well. Commencing in 2007,the lower tier municipal portion of aggregate licence fees was increased from$0.04/tonne to$0.06/tonne and the current disbursement is calculated on the revised rate. While the Aggregate Resources Act does not direct how your Municipality spends these funds, the intent of the fee sharing arrangement was initiated to assist municipalities with road maintenance and other administrative matters related to the management of local aggregate resources. If you have any questions please contact Mr. Rudy Vandewiele,our Controller. Yours truly, gAmi 111, Bruce Semkowski President encl. Ontario Aggregate Resources Corporation re Licence Fee Disbu... Page 51 of 79 MUSEUMS BAYHAM Minutes of September 9, 2015 Meeting Bayham Municipal Office,Straffordville,Ontario Present: Chair-Bev Hickey,Vice Chair-Chuck Buchanan, Secretary-Lynn Acre, Matt Schafer, Susan Start,Ray Maddox,Clerk-L.Millard. Regrets:Albert White,Ron Bradfield,Kimberly Legg 1. CALL TO ORDER: Chairman called the meeting to order at 7:00 pm 2. DECLARATION OF PECUNIARY INTEREST: None 3. ANNOUNCEMENTS: On behalf of the Museums Bayham committee,Chairman B.Hickey extended deepest sympathy and condolences to M.Schafer on the loss of his dear wife,and former committee member,Anna Schafer. She will be missed. 4. AGENDA: It was moved by R.Maddox and seconded by M.Schafer that the agenda be approved. Motion Carried. 5. MINUTES: It was moved by L.Acre and seconded by S.Start that the minutes of the August 12, 2015 meeting be approved as amended. Motion Carried. New Business:(c)the Marine Artefact Acquission came from the Elgin Military Museum,NOT Captain Dan Hawkins. 6. CORRESPONDENCE: a) For Information Only: Email from Brian Masschaele thanking this committee for referring posters and postcards to Elgin County Archives. He offered his support for any future needs. 7. UNFINISHED BUSINESS: a) Museum Reports: Review& Approval of Reports were deferred to October meeting. 8. NEW BUSINESS: a) New Cover for Life Boat: It was moved by C.Buchanan and seconded by S.Start that we purchase a new lifeboat cover from Hornsby Canvas for $289 +HST in the colour blue to be funded from the `Building Maintenance" budget. Motion Carried. b) Cancellation of Plank Road Lease Agreement: On August 20 Council directed staff to cancel the lease agreement for 6215 Plank Road in Vienna and to return the artifacts to Snow Street. Students, staff and Chairman Hickey moved the artifacts back to Snow Street. Museums Bayham minutes of meeting held September 9,2015 Page 52 of 79 Museums Bayham Minutes September 9,2015 -2- c) Painting of Life Boat: Chairman Hickey thanked C.Buchanan for supervising the students in this task. A coloured photo was passed around showing the improved look of the newly painted life boat. The paint was donated by Dulux Paints through the Port Burwell Historical Society. d) Photos of Painted Mariner's Tower& Lighthouse Keeper's House: C.Buchanan passed around coloured photos of each of the above newly painted artefacts. The Mariner's Tower was painted by Bayham Public Works staff and the Lighthouse Keeper's House was painted by members of the Port Burwell Historical Society and Volunteers. The paint was donated by Dulux Paints through the Port Burwell Historical Society. e) Offer of Edison Books from Larry Lamb: A gentleman named Larry Lamb contacted L.Millard offering 11 books to the Edison Museum. He would like a receipt for the estimated value of the books. Photos of these books were distributed to the committee prior to the meeting and the books appear to be in good condition. "S. Start checked the titles on Amazon and ABEbooks and brought brief written information about their content and value to the meeting in order to assist the board in determining whether they meet the Edison Museum's mandate. After some discussion the committee agreed to seek the opinion of Brian Masschaele, the Elgin County Archivist, prior to making any decision regarding these books. L.Millard will send him the list of books and a copy of S.Start's internet research. f) 2016 Draft Budget Discussions: L.Millard was present to assist with Budget discussions. Corrections to the draft budget based on last month's discussions have been made. It was noted that we've only received partial payments for Grants to date. The rest will be received once the 2015 grant claims have been submitted. It was noted that as minimum wages continue to increase, our budget for wages must increase accordingly. Projects to be included within the Marine Museum's Building Maintenance budget are i)new 5' x 10' floor mat with rubber edges $500 ii) new accessible toilet and hand rails $500 iii)painting of the Scientific Buoy$700 iv) new steel front door with window $300. As directed by this committee at our August meeting, S.Start and K.Legg prepared a written proposal for the addition of a `Seasonal Part-time Curator' to our 2016 draft budget. This sub-committee met with CAO P.Shipway for guidance. It was moved by S.Start and seconded by C.Buchanan that Museums Bayham recommends that the position of a"Seasonal Part-Time Curator" be incorporated into the 2016 Draft Budget. Motion Carried. Museums Bayham minutes of meeting held September 9,2015 Page 53 of 79 Museums Bayham Minutes September 9,2015 -3- 2016 BUDGET DISCUSSION (continued) The proposal for a Seasonal Part-Time Curator will be submitted to Council along with the draft budget. It was moved by M.Schafer and seconded by R.Maddox that the 2016 Draft Budget be approved as amended. Motion Carried. 9. OTHER BUSINESS: a) Edison Fundraiser Dinner Update: L.Acre reported that the annual Edison Fundraising dinner/Silent Auction will be held on Saturday Nov.14, 2015 at the Vienna Community Centre. The theme is "Let's Go Hawaiian". Social hour is from 5-6 pm. Supper is at 6 pm. The meal will be catered by Marcel Rosehart from Tillsonburg. The menu will include smoked pork, and a variety of salads, baked beans, rolls, ice cream sundaes. Dinner tickets will remain at $30 per person. Tickets and posters will be ready shortly for members to distribute. The next planning meeting is scheduled for Tuesday Oct. 6, 2015 at the Bayham Municipal committee room. b) Aylmer Express articles: Craig Bradford,reporter for the Aylmer Express has interviewed our summer students as well as CAO Paul Shipway in preparation for a series of stories on Bayham Museums for the Sept. 30 edition of"Focus On Business". 10. NEXT MEETING: Wednesday, October 14, 2015, at 7:00 pm Municipal office 11. ADJOURNMENT: Moved by M.Schafer that the meeting be adjourned at 9:30 pm. Chainnan Bev Hickey Secretary Lynn Acre Museums Bayham minutes of meeting held September 9,2015 Page 54 of 79 Municipality of Bayham Joint Cemetery Board Special Meeting Minutes Bayham Municipal Office y : �, r ` Council Chambers D 9344 Plank Road, Straffordville Tuesday, August 25, 2015 at 6:00 p.m. Present were volunteers Ralph and Marlene Carter, Gerald Taylor, Jim Tait, Joe & Daphne Dickhout, Bonnie Ball, John Reddecop, Frank Sawatzky, John Scott, David Andrews, Ed Carter, Roger& Cheryl James, Staff Paul Shipway, CAO, Lorne James, Treasurer and Lynda Millard, Secretary. 1. Call to order, welcome & appointment of Chairman The Secretary called the meeting to order and noted that the CAO Paul Shipway would be providing a considerable amount of information and would chair the first part of the meeting. John Scott volunteered to chair the meeting following staff presentations. 2. Mr. Shipway thanked everyone for attending and proceeded to review documents previously circulated and responded to questions raised. -Advisory Board Memo Members were requested to provide copies of agendas and minutes and specific resolutions requiring Council action to municipal staff in a timely fashion using the templates provided. Budgeting in regard to the current grass cutting contract and submission of any necessary cemetery cleanup, brushing or tree removal were requested in a timely manner in order to obtain group quotes through the Municipality that could assist in reduction of these costs. -Advisory Board & Committee Policy&Training Mr. Shipway outlined the various aspects of the Advisory Board & Committee Policy adopted by Council including member responsibilities, compliance with various legislation pertaining to Municipalities including The Accessibility for Ontarians with Disabilities Act, 2005, Municipal Freedom of Information and Protection of Privacy Act, Municipal Conflict of Interest Act and Member Health and Safety. He noted that volunteers are covered by the Municipality for liability insurance purposes, but not by WSIB. The CAO also gave reference to the various aspects of the Advisory Board & Committee Procedural By-law in relation to conduct of meetings, the member Code of Conduct and Confidentiality Statement form, noting that the policies are in place to ensure there are rules and procedures to follow should conflicts arise amongst members. Joint Cemetery Board minutes of meeting held August 25,2015 Page 55 of 79 Cemeteries Minutes - 2 - August 25,2015 -Appointments By-law 2015-086 A listing was provided of all members appointed by Council to various municipal committees. - Draft By-law for the Management, Regulation and Control of Cemeteries The CAO noted that the proposed by-law includes provision for placement of a small scale columbarium requested by the Straffordville Cemetery Board, including updated rates and fees to accommodate this new aspect and assist in centralizing cemetery records and activities. Members were requested to provide any comments on the By-law to the CAO at pshipway(a�bayham.on.ca by 4:00 p.m. on September 11th A Public Meeting for Council approval of the new cemeteries by-law is tentatively scheduled for October 1st, 2015 3. Fee Schedule Members were reminded that the volunteers are allowed to dig the burial hole for a cremation, provided payment goes directly to the respective Cemetery Board. The current fee schedule was provided for review and discussion to address shortfalls and recommendation of increases to Council for approval as follows: 1. Locate fee per burial, to include cost recovery of the annual $12 fee per burial/cremation currently being deducted and paid to Municipality to be forwarded to the Registrar, Cemeteries Branch with the annual report at year end. As well, appointment of a part-time caretaker to mark locates for burials will require funds to cover the defined piece rate amount; Moved by Jim Tait Seconded by Daphne Dickhout "That the Joint Cemetery Board recommends to Council that the Identification and marking of a lot for burial or cremation be increased to $50." Carried 2. Opening /closing for cremation burials Moved by: Jim Tait Seconded by Daphne Dickhout "That the Joint Cemetery Board recommends to Council that the fee for opening and closing a cremation grave by Cemetery Board volunteers be increased to $300." Carried The Straffordville Cemetery Board is to consider columbarium fees, based on comparable local rates, to be recommended to Council for approval. Joint Cemetery Board minutes of meeting held August 25,2015 Page 56 of 79 Cemeteries Minutes -3 - August 25, 2015 Addition of HST applies to all fees. 3. Notices of proposed changes to the Cemetery by-law and fees will be posted and advertised by the Municipality as required. 4. Cemetery clean-up works for tree cut/trim, etc up to $5,000 for cemeteries that do not have funds will be contracted out and paid through the Municipal budget. 5. 2015 Interest income from Care & Maintenance and Annual Top-up Staff noted that due to the Council allocation of$5,000 to cemetery clean-up, there will be no top-up added to the annual interest raised through the Care & Maintenance Fund in 2015. 4. Lorne James, Treasurer, provided an updated copy of the 2014 year-end Income Statement and Balance Sheet for Bayham West, Calton, Eden, Guysboro, Smuck& Straffordville cemeteries. 2014 year-end balances for the Cemetery Care & Maintenance Fund (six as above plus Claus, Edison Pioneer, Best, Firby, Estherville, Dobbie)were provided by the Treasurer. Invoices handed out The Treasurer also noted that invoices regarding 2014 year end outstanding HST shortfalls, recording /reporting errors, burial fees and unpaid Care & Maintenance amounts were being distributed to the relevant boards for payment to the Municipality. 5. Minutes of meeting held Tuesday, April 7, 2015 were circulated and are to be approval at the fall meeting. 6. Other Business In response to a question, staff advised that funeral homes, not the Municipality, are responsible for grave digging arrangements, payment and ensuring that the diggers are covered by liability insurance and WSIB. It was requested that the contractor be asked to cut the grass just outside the north fence at Calton. It was agreed that timely cuts should be done prior to Mothers', Fathers' and Decoration Days. It was noted that cemeteries with sufficient funds may proceed to invest them in secure long term sources such as GIC's. Joint Cemetery Board minutes of meeting held August 25,2015 Page 57 of 79 Cemeteries Minutes -4- August 25, 2015 Board members, as authorized in the cemeteries by-law, were in agreement that they remove /dispose of unwelcome memorabilia, solar lights, flags, flowers, plants, bushes, trees, etc. from any grave as deemed appropriate. It was also noted that the current by-law also permits cancellation of winter interments between November 1St and March 31st at the discretion of each Board. 7. Next Meeting date previously set for November 24 at 7:00 pm 8. Adjournment Moved by Daphne Dichout Seconded by Jim Tait "That the meeting be adjourned at 8:30 p.m. 1 , Chairman: Secretary: Approved: Joint Cemetery Board minutes of meeting held August 25,2015 Page 58 of 79 From:Kirsty Moore[mailto:kirstym@uoguelph.ca] Sent:September-24-15 9:14 AM To:Paul Shipway<PShipway@bayham.on.ca> Subject:Vienna Community Centre Good Morning Paul, I am emailing as I was speaking with Jackie yesterday regarding Vienna Community Centre,and she advised that you may be able to provide us with a better rate due to potential frequency of use. I am going to begin scheduling half day courses for farmers (that are free of charge to the farmers)across the province,including in Norfolk, and we are looking for halls that would fit within our budget.I would like to know if you would be able to provide us with a better price for the upstairs hall(the accessible hall).I am unsure of how much we would use it at this time-potentially once a month,give or take, at least for Jan-Apr 2016.We will be scheduling these courses through to August,but we will be starting with only scheduling these four months.I would appreciate what you could do for us,and I look forward to speaking with you soon. Best Wishes, Kirsty Moore Administrative Services Clerk for IPM Corn and Soybeans Course I University of Guelph -Ridgetown Campus TF: 1-866-225-9020 (ON Only) I P: 519-674-1500 ext 63525 I F: 519-674-1589 www.IPMcertified.ca Kirsty Moore Administrative Services Clerk for IPM Corn and... Page 59 of 79 $AY 1111111*- �'® REPORT o -c CAO Pp°i'tunity Is' TO: Mayor& Members of Council FROM: Paul Shipway, CAO DATE: October 1, 2015 REPORT: CAO-78/15 SUBJECT: GREAT LAKES GUARDIAN COMMUNITY FUND BACKGROUND In September 2015 the Province of Ontario, as part of Ontario's Great Lakes Strategy, released the Great Lakes Guardian Community Fund to help people take action to protect and restore their corner of the Great Lakes. The goals of the fund are as follows: Goal 1: protect water quality for human and ecological health Examples to meet this goal include: • strengthening riverbanks to reduce erosion • students restoring wetlands to manage stormwater runoff • building fences to keep livestock out of waterways • helping property owners maintain septic systems Goal 2: improve wetlands, beaches and coastal areas Examples to meet this goal include: • youth planting native grasses to restore sand dunes • rehabilitating coastal wetlands by restoring fish habitats • organizing community events to clean-up shorelines • restoring wetlands using traditional ecological knowledge Goal 3: protect habitats and species Examples to meet this goal include: • students planting trees to provided shaded habitats along shorelines • creating habitats for wetland wildlife • restoring traditional harvesting areas by planting native species • creating fish spawning beds The Great Lakes Guardian Community Fund provides 100%funding up to$25,000 for eligible projects with an application deadline of October 23, 2015 by 5:00 p.m. DISCUSSION Staff met with and propose to Council to partner with LPRCA, as the lead applicant and the Otter Valley Naturalists, coordinated and retained by the LPRCA, to complete a project on the East Beach in Port Burwell. The LPRCA would be the lead applicant due to their subject matter expertise. The proposed project summary would be as follows: Report CAO-78/15 by Paul Shipway,CAO re Great Lakes Guardia... Page 60 of 79 The purpose of the project is to naturalize the East Beach of Port Burwell, as indicated in Appendix A', while still providing recreation areas for the public. Presently, the beach is a low flat area that has no nature habitat and is frequently raked to maintain the open sand. As part of this project we intend to move the sand to create large areas with a slight elevation change, followed by the planting of native dune species(Marram Grass, Switch Grass, Indian Grass, Little Bluestem, Wormwood, Hoary Puccoon etc.). Once the plantings are complete, we plan on erecting snow fence around the naturalized areas to further aid in catching and storing wind blown sand, limit foot traffic and directing beach goers to follow small foot paths from the parking areas to the beach. The earth moving will be undertaken in April, following by planting and snow fence placement in May of 2016. The earth moving will be undertaken by a contractor, the plantings by the Otter Creek Naturalists, and snow fence placement by Municipal staff. Signs will be installed at the site, describing the project and for partner recognition. The key project activities/expected results include:earth moving to create 2 acres of slightly elevated beach (1 foot);planting of native vegetation to create near shore dune habitat;erecting snow fence around the 2 acres to limit foot traffic; and, installation of signs describing the project and recognizing partners. The proposed project direct environmental benefit will create a dune, plant community. These communities are uncommon on the north shore of Lake Erie, but includes a unique plant community that provides important habitat for rare fauna like the Fowler's Toad. This community is present west of the project site at the Port Burwell Provincial Park, and to the east at Long Point. As part of the project, snow fence will be installed around the newly create habitat to limit foot traffic and promote the catching and storing sand until the grasses are established. Once established the grasses will create enough friction to promote sand deposition and dune maintenance. The application as stated above is grounded in published science and fact as follows (aside from environmental benefits, the proposed plan would also provide operational savings for beach maintenance): The Great Lakes & St. Lawrence River Systems: Physical Features& Processes `Coastal dunes may form beyond the limit of annual wave action (i.e. top of the beach). For this to happen there must be a sufficient supply of sand, a wide dry beach to allow sand transport, sufficient wind energy to move sand up the beach and obstruction such as vegetation or fencing at the top of the beach to trap sand...There are essentially three prerequisites for dune initiation and building: onshore winds, an available sand supply and vegetation' Elgin County Shoreline Management Plan The conditions at the back of the beach and adjacent parking lot are...similar to the water's edge, the area is very flat and low lying. It also appears the beach is raked or manicured in some way, which would explain the lack of any native dune species. If the beach was maintained in a natural state and access was controlled/limited to select walkways, natural dune vegetation would colonize the back of the beach, encourage the deposition of sediment and raise the overall volume of sand stored at the back of the beach. This in turn would increase the flood and erosion protection provided by the beach, and enhance local habitat. A future restoration project should be pursued by all stakeholders. Report CAO-78/15 by Paul Shipway,CAO re Great Lakes Guardia... Page 61 of 79 RECOMMENDATION 1. THAT Report CAO-78/15 re Great Lakes Guardian Community Fund be received for information; 2. AND THAT Council support an application to the Great Lakes Guardian Community Fund as outlined within Report CAO-78/15; Respectfully Submitted by: - i Paul Shipway CAO Report CAO-78/15 by Paul Shipway,CAO re Great Lakes Guardia... Page 62 of 79 APPENDIX 'A' I Shaded Area = Naturalization Area Report CAO-78/15 by Paul Shipway,CAO re Great Lakes Guardia... Page 63 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z643-2015 RINGLAND 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 6.12 Exception-Special Agriculture(A2)Zone by adding the following clauses: 6.12.11.1 Defined Area A2-11 As shown on Schedule"A", Map No. 8 to this By-law. 6.12.11.2 Minimum Lot Frontage 132.0 metres 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule"A", Map No. 8 by removing lands from the Agricultural (A1)Zone and changing these lands to the Special Agricultural(A2-11)Zone,which lands are outlined in heavy solid lines and marked A2-11 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 3) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Section 7.13 Exceptions- Rural Residential (RR)Zone by adding the following clauses: 7.13.27.1 Defined Area RR-27 As shown on Schedule"A", Map No. 8 to this By-law. 7.13.27.2 Minimum Lot Area 0.3 hectares 4) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule"A", Map No. 8 by removing lands from the Agricultural (A1)Zone and changing these lands to Rural Residential(RR-27)Zone,which lands are outlined in heavy solid lines and marked RR-27 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 5) THIS By-law comes into force: By-Law Z643-2015 Being a By-law to further amend By-law Z456... Page 64 of 79 a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 1st DAY OF OCTOBER 2015. READ A SECOND TIME THIS 1st DAY OF OCTOBER 2015. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF OCTOBER 2015. MAYOR CLERK By-Law Z643-2015 Being a By-law to further amend By-law Z456... Page 65 of 79 , SEE SOH E DOLE A-MAP No.5 �`� -x' SEE SCHEDULE A- 11 _',. MAP No.S ,.l'f y,: r .. .., $d 1 1s` 1 ,- -16z,,,, -a-N1 SEESCHEDULEF- • ;, LOT Ila ;. ll l MAP STRAFFORO'+/ILLE 1 LOT 0 11 LO 121 "--- a s.:...- {11f i -- -'I---1,11 -�J I: r,6, LOT 122 f .�_° ! I l a ••` v VUTAi 6�F� .-�a-_`_ LOT 123 LOT 124 ; LOT I28 _1,0_,-126 _ ...,1 TAFJ3 LT I.1 i a 6 ROAD-11,V.-131.1 IL yN a N i i z W 7 _ (� q�ryU 011.6 d a - -iii f J 2, `�� II — i FJi�'`� LOT141 l I ( .-- r r I - w -te • L0T If t LOT 12 1 !.E ) ,,, N Ji 10T 13 .1 CON .10a'14 I. - f'.,1 y 11 J ----j - LOT IS 1 1 r ___ LOT 16 ,__ * r !-3 I - i LOT 17 i a 3: i J� LOT IS � r/ A2-77R_4 n _ t f` _ 4 - RR-27 K _ r : This is Schedule"A"to By-law * 1 II No.Z643-2015,passed the -- f"` " °ft day of 2015I t I SEE SCHEDULE A-MAP No.11 4-.,3, Mayor Clerk i'''-',--,„,,,, -. �� I .„-,- MUNICIPALITY OF BAYHAM Leoend A p ZOLA SCHEDULE A 12 LPRCR RegoEtS,Lin It NORM MAP No.8 ° 210 MO ,m By-Law Z643-2015 Being a By-law to further amend By-law Z456... Page 66 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z644-2015 THOMPSON SYKES 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 6.12 Exception-Special Agriculture(A2)Zone by adding the following clauses: 6.12.12.1 Defined Area A2-12 As shown on Schedule"A", Map No. 11 to this By-law. 6.12.12.2 Minimum Lot Area 40.0 hectares 2) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 11 by removing lands from the Agricultural(Al-A)Zone and changing these lands to the Special Agricultural(A2-12)Zone,which lands are outlined in heavy solid lines and marked A2-12 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 3) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 11 by removing lands from the Agricultural(Al-A)Zone and changing these lands to Rural Residential(RR)Zone,which lands are outlined in heavy solid lines and marked RR on Schedule"A" to this By-law,which schedule is attached to and forms part of this By-law. 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time;or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 151 DAY OF OCTOBER 2015. READ A SECOND TIME THIS 1"DAY OF OCTOBER 2015. READ A THIRD TIME ANT)FINALLY PASSED THIS 1st DAY OF OCTOBER 2015. MAYOR CLERK By-Law Z644-2015 Being a By-law to further amend By-law Z456... Page 67 of 79 k. SEE SCHEDULE A-MAP No.8 �,,�� SEE it �a `,sa. SCHEDULE j3 -MAP No.9 I [ 1 r 4. RR LOT 10 A . 1i LOT II `,. i ' i LOT 12 3 6 cl.... n 0 1 LOT 14 ~' CCN4 LOT IS �.", - —LOT 16 1 = ,% ti, q?.' 1 (tt LOT IS '� }} w 1 a \\ I. w k So /- ,. N I :'a. \ 1 Z ( i (i I W �� SEE SCHEDULE N ''(i Y •MAP VIENNA N = t 7 �,' II I-1 (...CAT3 (.1 li li i' This is Schedule"A"to By-law No.Z644-2015,passed the l:f day of ,2015 SEE SCHEDULE A-MAP No.14 Mayor Clerk MUNICIPALITY OF BAYHAM A Legend 114NH SCHEDULE A 0 zULn 0 •433 SIO MMP No.11 °m Plat ma By-Law Z644-2015 Being a By-law to further amend By-law Z456... Page 68 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2015-105 A BY-LAW TO FURTHER AMEND BY-LAW 2003-098, AS AMENDED TO AUTHORIZE THE EXECUTION OF A ROAD USE AGREEMENT WHEREAS Section 11 of the Municipal Act, 2001, S.O.2001, c.25 as amended provides that a lower tier municipality may pass by-laws respecting highways; AND WHEREAS the Council of the Corporation of the Municipality of Bayham by By-Law 2003- 098 passed on November 6, 2003 entered into a Road Use Agreement No. 0080 with Echo Energy Inc., amended by By-Law 2004-093 passed on January 8, 2004; AND WHEREAS Tribute Resources Inc. has acquired the assets of Echo Energy Inc.; AND WHEREAS Tribute Resources Inc. has paid the outstanding annual fees of Echo Energy Enc.; AND WHEREAS the Municipality of Bayham is agreeable to transfer and assign all rights, responsibilities and covenants contained within Agreement 0080 authorized by By-Law 2003- 098, as amended to Tribute Resources Inc. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Municipality of Bayham transfers and assign all rights, responsibilities and covenants contained within Road Use Agreement No. 0080 from Echo Energy Inc. to Tribute Resources Inc. 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF OCTOBER 2015. MAYOR CLERK By-Law 2015-105 Being a By-Law to further amend By-law 2003-... Page 69 of 79 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-106 A BY-LAW TO AUTHORIZE THE SALE OF LANDS OWNED BY 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 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 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 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 Part of Lots 7, 8, 9, 10, & 11, Plan 205 designated as PART 1 on Reference Plan 11R-9921 and Part of Lots 6, 7, & 8 North of Earl Street and Parcel D and a parcel on a yet to be registered plan, Municipality of Bayham, County of Elgin to Straffordville Evangelical Mennonite Church for consideration of$248,000.00; 2. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to execute all ancillary agreements pursuant to the agreement of purchase and sale; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF OCTOBER 2015. MAYOR CLERK By-Law 2015-106 Being a By-law to authorize the sale of land... Page 70 of 79 Agreement of Purchase and Sale for use in the Province of Ontario This Agreement of Purchase and Sate dated this 22"d day of September,2015 BUYER STRAFFORDVILLE EVANGELICAL MENNONITE CHURCH ,agrees to purchase from SELLER THE CORPORATION OF THE MUNICIPALITY OF BAYHAM the following REAL PROPERTY: Address: 56169 Heritage Line,Straffordvilte,ON NOJ 1Y0 fronting on the South side of Heritage Line in the Municipality of Bayham and having a frontage of 89.606 metres_more or less by a depth of Irregular (total 4094.3 square meters) more or less and legally described as: Part of Lots 7,8,9,10&11,Plan 205 designated as PART 1 on Reference Plan 11 R-9921 and Part of Lots 6,7&8 North of Erie Street and Parcel j'p as shown on Schedule"B"(the"Property"). =r PURCHASE PRICE: , Dollars(CDN)$248,000.00 DEPOSIT: Buyer submits(herewith/upon acceptance) Dollars(CON)$1,000.00 by negotiable cheque payable to Gibson Bennett Groom&Szorenyi,in trust ("Deposit Holder") to be held in trust without interest pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion.For purposes of this Agreement"upon acceptance"shall mean that the Buyer is required to deliver the deposit to the Deposit Holder within 24 hours of the acceptance of this Agreement.The parties to the Agreement hereby acknowledge that,unless otherwise provided for in this Agreement, the Deposit Holder shall place the deposit in trust in the Deposit Holders'non-interest bearing trust account and no interest shall be earned,received -or paid on the deposit. Buyer agrees to pay the balance as more particularly set out in Schedule A attached. SCHEDULES: "A"and"B"attached hereto form(s)part of this Agreement. 1. `IRREVOCABILITY: This Offer shall be irrevocable by Seller until_5:00 ,p.m.on the ,2015,after which time,if not accepted,this Offer shall be null and void and the deposit shall be returned to the Buyer in full without interest. 2. COMPLETION DATE: This Agreement shall be completed by no later than 6:00 p.m.on the 62915.Upon completion, vacant possession of the property shall be given to the Buyer unless otherwise provided for in this Agreement. 3. NOTICES:Seller and the Buyer shall receive notices pursuant to this Agreement.Any notice relating hereto or provided for herein shall be in writing. In addition to any provision contained herein and in any Schedule hereto,this offer,any counter offer,notice of acceptance thereof,or any notice to be given or received pursuant to this Agreement or any Schedule hereto shall be deemed given and received,when hand delivered to the address for service provided in the Acknowledgement below,or where a facsimile number is provided herein,when transmitted electronically to that facsimile number. Fax No.(for delivery of notices to Seller):519-866-3884 Fax No.(for delivery of notices to Buyer:) 4. .CHATTELS INCLUDED:Tables,chairs and appliances as determined by the Seller. Unless otherwise stated in this Agreement or any Schedule hereto,Seller agrees to convey all fixtures and chattels included in the Purchase Price free from all liens,encumbrances or claims affecting the said fixtures and chattels. 5. FIXTURES EXCLUDED;NIA 6. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price.The buyer agrees to assume the renal contract(s),if assumable: • 7. HST.: If the sale of the property(Real Property as described above)is subject to Harmonized Sales Tax(HST),then such tax shall be in addition to the Purchase Price.The Seller will not collect HST if the Buyer provides to the Seller a warranty that the Buyer is registered under the Excise Tax Act("ETA"),together with a copy of the Buyer's ETA registration,a warranty that the Buyer shall self-assess and remit the HST payable and file the prescribed form and shall indemnify the Seller in respect of any HST payable.The foregoing warranties shall not merge but shall survive the completion of the transaction.If the sale of the property is not subject to HST,Seller agrees to certify on or before closing,that the transaction is not subject to HST.Any HST on chattels,if applicable,is not included in the purchase price. Initials of Buyer: Initials of Seller: By-Law 2015-106 Being a By-law to authorize the sale of land... Page 71 of 79 Page 2 of 4 8. TITLE SEARCH:Buyer shall be allowed until 6:00 p.m.on see Schedule"A"(Requisition Date)to examine the title to the property at his own expense and until the earlier of:(I)thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived;or(ii)five days prior to completion,to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property,that is present use may be lawfully continued and that the principal building may be insured against risk of fire.Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders affecting the property,and Seller agrees to execute and deliver such further authorizations in this regard as Buyer may reasonably require. 9: FUTURE USE:Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use of the property by Buyer is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE:Provided that the title to the property is good and free from all registered restrictions,charges,liens and encumbrances,except as otherwise specifically provided in this Agreement and save and except for:(a)any registered restrictions or covenants that run with the land,provided that such are complied with; (b)any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with,or security has been posted to ensure compliance and completion,as evidenced by a letter from the relevant municipality or regulated utility;©any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties;and(d)any easements for drainage,storm or sanitary sewers,public utility lines,telephone lines,cable television lines or other services which do not materially affect the present use of the property.If within the specified times referred to in paragraph 8 any valid objections to title or to any outstanding work order or deficiency notice,or to the fact the said present use may not lawfully be continued,or that the principal building may not be'insured against risk of fire is'made in writing to Seller and which Seller is unable or unwilling to remove, remedy or satisfy and which Buyer will not waive,this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections,shall be at an end and all monies paid shall be returned without interest or deduction and Seller and his/her/their solicitor shall not be liable for any costs or damages.Save as to any valid Objections so made by such day and except for any objection going to the root of the title,Buyer shall be conclusively deemed to have accepted Seller's title to the property. 11. CLOSING ARRANGEMENTS:Where each of the Seller and Buyer retain a lawyer to complete the Agreement of Purchase and Sale of the Property, and where the transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform'Act,R.S.O.1990,Chapter L4 and the Electronic Registration Act,S.O.191,Chapter44,any amendments thereto,the Seller and Buyer acknowledge and agree that the exchange of closing funds,non-registrable documents and other items(the"Requisite Deliveries")and the release thereof to the Seller and Buyer will(a)not occur at the same time as the registration of the transfer/deed(and any other documents intended to be registered in connection with the completion of this transaction)and(b)be subject to conditions whereby the lawyer(s)receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accordance with the terms of a document registration agreement between the said lawyers.The Seller and buyer irrevocably instruct the said lawyers to be bound by the document registration agreement which is recommended from time to time b9 the Law Society of Upper Canada.Unless otherwise agreed to by the lawyers,such exchange of the Requisite Deliveries will occur in the applicable'iLand Titles Office or such other location agreeable to both lawyers. 12. DOCUMENTS AND DISCHARGE:Buyer shall not call for the production of any title deed,abstract,survey or other evidence of title to the property except such as are in the possession or control of Seller. If requested by Buyer,Seller will deliver any sketch or survey of the property within Seller's control to Buyer as soon as possible and prior to the Requisition Date.If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act(Canada),Chartered Bank,Trust Company,Credit Union,Caisse Populaire or Insurance Company and which is not to be assumed by Buyer on completion,is not available in registrable form on completion,Buyer agrees to accept Seller's lawyer's personal undertaking to obtain,out of the closing funds,a discharge in registrable form and to register same on title within a reasonable period of time after completion,provided that on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortg'agee setting out the balance required to obtain the discharge,together with a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 13 INSPECTION: Buyer acknowledges having had the opportunity to inspect the property prior to submitting this Offer'and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. 14 INSURANCE:All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Seller.Pending completion,Seller shall hold all insurance policies,if any,and the proceeds thereof in trust for the parties as their interests may appear and in the event of substantial damage,Buyer may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase.No insurance shall be transferred on completion. If Seller is taking;back a Charge/Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of adequate insurance to protect Seller's or other mortgagee's interest on completion. 15. PLANNING ACT:This Agreement shall be effective to create an interest in the property only if Seller complies with the subdivision control provisions of the Planning Act by completion and Seller covenants to proceed diligently at his expense to obtain any necessary consent by completion. 16. DOCUMENT PREPARATION:The Transfer/Deed shall,save for the Land Transfer Tax Affidavit,be prepared in registrable form at the expense of Seller,and any Charge/Mortgage to be given back by the Buyer to Seller at the expense of the Buyer.If requested by Buyer,Seller covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22)of the Planning Act,R.S.O.1990. 17. RESIDENCY:Buyer shall be credited towards the Purchase Price with the amount, if any, necessary for Buyer to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Seller under the non-residency provisions of the Incorpe Tax Act by reason of this sale.,Seller shall not claim such credit if Seller delivers on completion the prescribed certificate or a statutory declaration that Seller is not then a non- resident of Canada. 18. ADJUSTMENTS:Any rents,mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned and allowed to the day of completion,the day of completion itself to be apportioned to Buyer. 19 TIME LIMITS:Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by en agreement in writing signed by Seller and Buyer or by their respective lawyers who may be specifically authorized in that regard. 20. PROPERTY ASSESSMENT:The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented current value assessment and properties may be re-assessed on an annual basis.The Buyer and Seller agree that no claim will be made against the.Buyer or Seller,or any Brokerage,Broker or Salesperson,for any changes in property tax as a result of a re-assessment of the property,save and except any property taxes that accrued prior to the completion of this transaction. 21. TENDER:Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank,Trust Company,Province of Ontario Savings Office,Credit Union or Caisse Populaire. 22. FAMILY LAW ACT:Seller warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act,R.S.O.LIIntials of Buyer: Initials of Seller: By-Law 2015-106 Being a By-law to authorize the sale of land... Page 72 of 79 Page 3 of'I unless Sellers spouse has executed the consent hereinafter provided. • 23. UFFI:Seller represents and warrants to Buyer that during the time Seller has owned the property,Seller has not caused any building on the property to be insulated with insulation containing ureaformaldehyde,and that to the best of Seller's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde.This warranty shall survive and not merge on the completion of this transaction,and if the building is part of a multiple unit building,this warranty shall only apply to that part of the building which is the subject of this transaction. 24. LEGAL,ACCOUNTING AND ENVIRONMENTAL ADVICE:The parties acknowledge that any information provided by the brokerage is not legal,tax or environmental advice,and that it has been recommended that the parties obtain independent professional advice prior to signing this document. 25. AGREEMENT IN WRITING:If there is conflict between any provision written or typed in this Agreement(including any Schedule attached hereto)and any provision in the printed portion hereof,the written or typed provision shall supersede the printed provision to the extent of such conflict.This Agreement including any Schedule attached hereto,shall constitute the entire Agreement between Buyer and Seller.-There is no representation, warranty,collateral agreement or condition,which affects this Agreement other than as expressed herein.This Agreement shall be read with all changes of gender or number required by the context. 26. TIME AND DATE:Any reference to a time and date in this Agreement shall mean the time and date where the property is located. 27. SUCCESSORS AND ASSIGNS:The heirs,executors,administrators,successors and assigns of the undersigned are bound by the terms herein. DATED at , Ontario this day of September,2015 SIGNED,SEALED IN THE PRESENCE OF: IN WITNESS whereof I have hereunto set my hand and seal: Straffordville Evangelical Mennonite Church per: • (Witness) - (Buyer) (Date) (Witness) • (Buyer) (Date) I;the undersigned Seller,agree to the above Offer. DATED at Straffordville, Ontario this day of September,2015 SIGNED,SEALED IN THE PRESENCE OF: IN WITNESS whereof I have hereunto set my hand and seal: The Corporation of the Municipality of Bayham per: • (Witness) (Seller) (Date) (Witness) (Seller) (Date) CONFIRMATION OF ACCEPTANCE:Notwithstanding anything contained herein to the contrary,I confirm this Agreement with all changes both typed and written was finally accepted by all parties at a.m./p.m.this day of_ ,20____ Initials of Buyer: Initials of Seller: By-Law 2015-106 Being a By-law to authorize the sale of land... Page 73 of 79 Page 4 of 4 ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale. Purchase and Sale. The Corporation of the Municipality of Bayham Straffordville Evangelical Mennonite Church per: per: (Seller) (Date) (Buyer) (Date) (Seller) (Date) (Buyer) (Date) Address for Service: Address for Service: Seller's Lawyer:Michael G.Szorenyi Buyer's Lawyer:D.Bradley Bennett Address:36 Broadway,Tillsonburg,ON N4G 3P1 Address:36 Broadway,Tillsonburg,ON N4G 3P1 Telephone No.(519)842-3658 Telephone No.(519)842-3658 Fax No.(519)842-5001 Fax No.(519)842-5001 • By-Law 2015-106 Being a By-law to authorize the sale of land... Page 74 of 79 SCHEDULE A to Agreement of Purchase and Sale This Schedule is attached to and forms part of the Agreement of Purchase and Sale BETWEEN: BUYER: STRAFFORDVILLE EVANGELICAL MENNONITE CIIURCH AND: SELLER: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM • for the purchase and sale of 56169 Ileritage Line,Straffordville, ON NOJ 1Y0 Purchase,Price Buyer agrees to pay the balance of the purchase price, subject to adjustments, by bank draft or certified cheque,to the Seller, or as it may direct,on the completion of this transaction. 1. A Reference Plan shall be registered for Parcel D on Schedule "B" to accommodate a proposed construction of the 60 x 100 foot addition to the west side of the existing building, Purchaser to pay all associated costs with respect to the Reference Plan. 2. The Buyer and the Seller agree to enter into a satisfactory parking lot agreement to be registered on title prior to the completion date including,but not limited to,the following terms: (a) The Buyer shall maintain the parking lot to be purchased(see area"A"in attached Schedule "B") and the parking lot retained by the Seller (see area"B; in attached Schedule"B")in all seasons to the required specifications of the Selig and failing which in the event the Seller has to maintain the parking lot to the required specifications,the cost of same shall be the responsibility of the Buyer., (h) Capital work initiated by the Seller,if any, shall be split equally between the Buyer and the Seller. (c) There are no restrictions as to the mutual use of the parking lot by the Buyer and the Seller. (d) The agreement shall include an encroachment agreement for the side entrance into the park for the benefit of the Seller. 3. The Buyer and the Seller agree to enter into an encroachment agreement regarding the cement pad encroaching on the southerly limit of PART 1, 11R-9921 (see aiea "C" in • Initials of Buyer(s): Initials of Seller(s) By-Law 2015-106 Being a By-law to authorize the sale of land... Page 75 of 79 page 2of 2 attached Schedule"B")to be registered on title prior to the completion date. 4. The Buyer and the Seller agree to enter into a well agreement for the continued use of the well water for the food booth owned by the Seller to be registered on title prior to the completion date. 5. Purchaser accepts the buildings in an where is,as is condition including those deficiencies set out in the Building Report by Centric Engineering,October 20,2014. 6. Seller to be allowed to relocate the Lions Statue to the Straffordville Park. 7. Purchaser agrees to incorporate"Bayham/Straffordville Community Centre"into the facility name or the same to be posted on an entrance to the facility. Title Search The Buyer shall be allowed until fifteen(15) days prior to the completion date (the"Requisition Date")to examine the title to the property at its own expense. • i • Initials of Buyer(s): Initials of Seller(s) By-Law 2015-106 Being a By-law to authorize the sale of land... Page 76 of 79 (S-9 4d)9fL'04 + (Id 3 AS,91,90(9) (14)3.09 (W v 4d'9d)(11'0Z N--c r yy.l m (S V 6d)9fLg6 (W A bd)09Y04335 'S R MOT�g 111"44 • 09'L A•h @ 6 LSO'SL � a I gg zYj L Cr. Lo 7 I ''' /_ i_07 JNIOIIna 831N30 AIINOWYI00 $ ' I r, 1 '_ _— 111; �• I al 1 s C 1 - L(3 7 j } If a . Lp 8 F m Lt) 0+1 1L.60N i m o LC-•• 1 .� M ) 1 I-- N r_f_- >1301a 'iTi o0 co ii 4L0 .111:::11 _ cn h' a Lti MOchi 6 o ,1_r3 Iv7 6 o` '. k 07 1.., a Iis a :p -T z 2- C:41 r C) LO 7 W Y 8 f a Or-. LG)7 Vj L4'L '- 25.5 h : •:: ,......,3.:41 ,e0.90 N.. .,1 i me'0 �/ .r(.j7 r.r C) LCJ rv Lva • __ (s'- z = W rrve al .1 • �0 li a -rH 3r7 SIYm01_ J N 1d�t oa3•9 a ai�0tj a LGf3'7',7`i doHL(l(Js r or.s33rv0a c ;, I- 107 c c 'j By-Law 2015-106 Being a By-law to authorize the sale of land... Page 77 of 79 t- N O ti, o 0 IQ ELGIN MAPPING 56169 Heritage Ling FOR REFERENCE ONLY ed - r . - _ pa ed 0 pLegend ❑ Lagoons ', C `, ' ❑ Parcels PM = Local I :_. - Arterial AD li rn '_ Highways o� ..__ ii" 1 '` World Street Map I sv P a - -- I E 1 NOTE: Document is provided s € 16,, for reference to view area for IMAM - . - • ,a �2 disposition only and does not r '. form part of the Agreement of i Purchase&Sale-All areas I _ are estimated to provide a -y - visual of the actual Registered a • Plans ` f .1. i 1-11° c ''&-5.0--1.21.'T oho `U , Lj o _ 1-h) 1: 1,128 J '° ", 0 Notes 0.1 0 0.03 0.1 Kilometers This mapis a usergenerated static output from an Internet mapping site and is for I I p Pp 9 reference only.Data layers that appear on this map may or may not be accurate, WGS 1984_Web_Mercator_Auxiliary_Sphere current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015— 107 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD OCTOBER 1, 2015 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held October 1, 2015 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by- law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 1st day of October, 2015. MAYOR CLERK By-Law 2015-107 Being a By-law to confirm all actions of Cou... Page 79 of 79