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Home My WebLink AboutApril 21, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Thursday, April 21, 2022 7:00 p.m. The April 21, 2022 Council Meeting will be held virtually via Zoom and livestreamed on YouTube. The Public may watch the Council meeting utilizing the Municipality of Bayham YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. Ami Gagne re FoodCycler Municipal Solutions 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held April 4, 2022 B. Statutory Planning Meeting held April 4, 2022 7. OPEN FORUM 8. MOTIONS AND NOTICE OF MOTION 9. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. PHYSICAL SERVICES – EMERGENCY SERVICES 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 2022 Council Agenda April 21, 2022 2 11. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 11.1 Correspondence 11.1.1 Receive for Information A. Notice of Decision re Minor Variance Application A-23/21 B. Notice of Decision re Minor Variance Application A-02/22 C. Notice of Passing re Zoning By-Law Amendment Application ZBA-06/22 D. Notice of Public Meeting re Zoning By-Law Amendment Application ZBA-11/22 E. Notice of Public Meeting re Zoning By-Law Amendment Application ZBA-12/22 11.1.2 Requiring Action 11.2 Reports to Council A. Report DS-18/22 by Steve Adams, Manager of Public Works|Drainage Superintendent re Hampton Drain Improvements B. Report DS-19/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Development Agreement – Green Line Road Construction C. Report DS-20/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-08/22 – Klassen 12. FINANCE AND ADMINISTRATION 12.1 Correspondence 12.1.1 Receive for Information A. Municipality of Grey Highlands re HST Rebate on New Homes in Ontario 12.1.2 Requiring Action A. Canadian Coast Guard Auxiliary re Funding Request 12.2 Reports to Council A. Report TR-09/22 by Lorne James, Treasurer re 2022 Q1 Variance Report 13. BY-LAWS A. By-law No. 2022-022 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and SCG Flowmetrix 2022 Council Agenda April 21, 2022 3 B. By-law No. 2022-029 Being a by-law to authorize the Mayor and Clerk to execute a development agreement between the Municipality and Andrew and Kim Heutinck for the construction of a portion of Green Line C. By-Law No. Z739-2022 Being a by-law to amend by-law No. Z456-2003, as amended 14. UNFINISHED BUSINESS 15. OTHER BUSINESS 15.1 In Camera A. Confidential Report re Sale or disposition of land; a position, plan, procedure, criteria, or instruction to be applied to any negotiations on or to be carried on by or on behalf of the municipality or local board (John Street) 15.2 Out of Camera 16. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-030 Being a by-law to confirm all actions of Council 17. ADJOURNMENT FOODCYCLER M U N I C I P A L S O L U T I O N S TM W H O I S F O O D C Y C L E S C I E N C E ? 37 C a n a d i a n M u n i c i p a l P a r t n e r s h i p s … a n d c o u n t i n g ! Canadian company based out of Ottawa, ON Founded in Cornwall in 2011 –Company is 100% focused on Food Waste Diversion Solutions Products available in North America through FoodCycler Municipal / Vitamix and internationally through network of distributors & OEM partners Semi-finalists in Impact Canada’s Food Waste Reduction Challenge Selected as one of the 2021 Deloitte Fast 50 CleanTech award winners # 81 on Globe & Mail’s Canada’s Top Growing Companies for 2021 T R U S T E D C A N A D I A N S O L U T I O N F R O M C O A S T T O C O A S T T O C O A S T HAULING FEE TRANSFER STATIONOPERATION DISPOSAL FEE NO TRANSPORTATION OR PROCESSING $170 –$250 /TONNE * FoodCycler is a locked-in price not subject to wage increases, fuel surcharges or fee hikes < $120 /TONNE T h i r t y -S i x C a n a d i a n M u n i c i p a l P a r t n e r s … a n d c o u n t i n g ! T H E P R O B L E M –F O O D W A S T E 63%of food waste is avoidable Household waste is composed of 25-50%organic waste Food waste weight is up to 90%liquid mass (which is heavy) The average Canadian household spends $1,766 on food that is wasted each year Each year food waste in Canada is responsible for 56.6 Million tonnes of CO2 equivalent of GHG LANDFILL + WASTE COSTS ~25-50% of household waste is organic waste Landfills are filling up fast, creating cost and environmental issues Hauling, transfer, and disposal services are a major cost factor and environmental contributor ENVIRONMENT Landfilled organic waste produces methane, which is 25 times more harmful than CO2 1 tonne of food waste is equivalent to 1 car on the road for one year COMMUNITY Food in the garbage: More frequent collection or trips to the disposal site Unpleasant odours Animals, pests & other visitors Removing food waste from garbage: Volume is reduced by up to 50% Less frequent collection, fewer trips to disposal site, save on bag tags Keeps odours out, makes garbage much less “interesting” for animals M U N I C I P A L I M P A C T W A S T E M A N A G E M E N T I S A M U N I C I P A L R E S P O N S I B I L I T Y GREEN BINS Preferred solution for larger cities where dense housing and large processing facilities generate economies of scale Contamination is an ongoing challenge GHG emissions from curbside collection Safety concerns from additional trucks on the road BACKYARD COMPOST Cost-effective but can be labor-intensive also May attract pests/animals or create unpleasant odors Most users do not compost in winter or inclement weather Adoption rates are relatively low and stagnant LANDFILL Easiest solution and often perceived as the most cost-effective in the short term Waste is typically out of sight and out of mind for consumers High levels of GHG emissions, particularly methane Long-term environmental hazard requires monitoring / maintenance H A V E N ’ T W E S O L V E D T H I S A L R E A D Y ? T H E S O L U T I O N IN THREE SIMPLE STEPS 1 . Add waste to bucket 2 . Add bucket to unit 3. Press Start. That’s it! The resulting by-product can be used in many applications. Vegetable & Fruit Scraps Starches Fish & Poultry Bones Dairy Products Tea bags & Coffee grinds Egg shells Nut shells, nuts & seeds Meat, poultry & fish 1 KG (2.5L) of wet, smelly food waste 100 G of dry, sterile & odorless soil amendment 4-8 HOURS + 0.8 kWh <10 cents / cycle 9 0 % F O O D W A S T E R E D U C T I O N I M P A C T ENVIRONMENT Source: Based on carbon intensity of power grid = 0.08 kg/kWh in Ontario **Incorrect backyard composting can lead to methane gases and odours FOOD C YC LER IS C OM P AR ABLE TO: Central composting (with no transportation emissions) Backyard composting (if done correctly) FoodCycler offers >95% reduction in CO2E vs. sending food waste to landfill K G CO2E / K G FOOD W A S TE I M P A C T ECONOMIC HAULING FEE TRANSFER STATIONOPERATION DISPOSAL FEE NO TRANSPORTATION OR PROCESSING EXPENSIVE,ONGOING,VARIABLE FIXED COST,HIGH YIELD,EFFECTIVE TRADITIONAL SERVICES FOODCYCLER Constituents want solutions to reduce their environmental impact Waste is perceived as a government problem and regulations are coming Food waste is “low-hanging fruit” to achieving higher diversion and addressing the environmental impact of waste THE TIME IS NOW I M P A C T REGULATORY + SOCIAL PRESSURE "I’ve received a number of positive messages from residents saying,“sign me up, where can I get mine." I’m 100 per cent in favor of it." –Deputy Mayor Lyle Warden, (South Glengarry ON) "It alleviates a lot of the concerns that people might have with backyard composting. The time commitment, the location, pests and animals and everything like that." –Kylie Hissa, Strategic Initiatives Officer (Kenora, ON) “We were extremely happy with this program and loved that it made us aware of our daily waste.“ –Pilot participant in South Glengarry ”It’s a great tool to reduce household waste. Appreciate that the municipality is being innovative and piloting different solutions.” –Pilot participant in Hornepayne T H E F O O D C Y C L E R P I L O T S 4.4 “WOULD YOU RECOMMEND FOODCYCLER?” >1200 Households 4.6 14 Municipalities have completed their pilot projects with overwhelmingly positive results. Net New Diversion Each participating household is estimated to divert between 300-400 kg of food waste annually. >90% Yes <1% No. The rest are undecided or need more time. Average overall user experience rating. P I L O T P R O G R A M 12 WEEKS FROM START TO FINISH S TART 12 W E E K S END PILOT TIMELINE Residents purchase FoodCycler at a subsidized rate from Municipal Office (or other designated location) Participants use the unit for a period of 12 weeks. Number of cycles per week are tracked to estimate total diversion achieved. Participants fill out an exit survey, providing their review of the program and any other feedback. Survey results used to evaluate program success. Full program design and implementation. Many grants available, including FCM’s Green Municipal Fund! N E X T S TE PS S U B S I D I Z E D P I L O T P R O G R A M O P T I O N 1 HAULING FEE TRANSFER STATIONOPERATION DISPOSAL FEE NO TRANSPORTATION OR PROCESSING $170 –$250 /TONNE * FoodCycler is a locked-in price not subject to wage increases, fuel surcharges or fee hikes < $120 /TONNE Municipality Population Pilot Scope Municipal Investment <2500 residents 50 households $6,250 2500 –10,000 residents 100 households $12,500 >10,000 residents 200 households $25,000 -Plus shipping costs and applicable taxes F o o d C y c l e r F C -30 Next Steps: Receive presentation as information. If interest, refer to Staff for a recommendation to Council. Ask us about our Affordable Option for low -income residents and filter bundle option. Ami Gagné Project Coordinator, Municipal Solutions Email:amig@foodcycler.com Phone: 613-700-4682 Christina Zardo Manager, Municipal Solutions Email: christinaz@foodcycler.com Phone: 613-402-7999 THANK YOU! ANY QUESTIONS? THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Thursday, April 7, 2022 7:00 p.m. The April 7, 2022 Council Meeting was held virtually via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:15 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Councillor Chilcott reminded residents of the Easter Egg Hunt being held Friday, April 15th at the SCC Park beginning at 10 a.m. sharp. Councillor Chilcott also mentioned that the Straffordville Hall Foundation is selling 50/50 tickets that will be available for purchase at this event. Councillor Donnell announced that Paul DeCloet was presented the LPRCA stewardship award. CAO Thomas Thayer announced that the election prescribed forms are now available on the Bayham website and that election content is continually being updated. Thayer also reminded residents of the Candidate Information Session taking place on April 27th from 7-9 p.m. by the Ministry of Municipal Affairs and Housing (MMAH) and that registration can be completed through Malahide’s website. Mayor Ketchabaw congratulated Bob and Margaret Howey for their 75th wedding anniversary. 2022 Council Minutes April 7, 2022 2 5. PRESENTATIONS A. Mark Loucas, Detachment Commander re 2021 Annual OPP Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the presentation from Mark Loucas, Detachment Commander re 2021 Annual OPP Report be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:34 p.m. The Council Meeting resumed at 7:38 p.m. 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held March 17, 2022 B. Statutory Planning Meeting held March 17, 2022 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the minutes of the Council Meeting and Planning Meeting held March 17, 2022 be adopted. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 8. OPEN FORUM 2022 Council Minutes April 7, 2022 3 9. MOTIONS AND NOTICE OF MOTION A. Mayor Ketchabaw re Large Household Waste Pick-up Deputy Mayor Weisler assumed the Chair at 7:39 p.m. Moved by: Mayor Ketchabaw Seconded by: Councillor Chilcott WHEREAS, due to excessive cost, the Municipality of Bayham discontinued the large household waste pick-up event as part of its waste disposal program; AND WHEREAS the Municipality of Bayham has determined that the more recent past practice of an annual large household waste drop-off event held at the Public Works Yard is too expensive and inefficient to Municipal operations and has since discontinued the annual event; AND WHEREAS Council received Report PS-05/21, which outlined potential solutions for large item and hazardous waste disposal in Bayham; AND WHEREAS Municipal staff continue to collect data in preparation of a Report to Council on Norfolk County’s large household waste pilot program; AND WHEREAS the residents of Bayham have expressed a desire for a local solution to dispose of large household waste; AND WHEREAS the Municipality of Bayham’s 2021 year-end financial report included a favourable surplus for the Municipality, which may provide sufficient available resources to fund a one-time large household waste disposal pick-up event; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham direct staff to investigate and report back on the feasibility of scheduling a one-time-only large household waste pick-up event for Bayham residents for 2022. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Mayor Ed Ketchabaw x Deputy Mayor Rainey Weisler x CARRIED Mayor Ketchabaw resumed as Chair at 7:48 p.m. 2022 Council Minutes April 7, 2022 4 B. Councillor Chilcott re Basketball Court in the Richmond Community Park Moved by: Councillor Chilcott Seconded by: Councillor Donnell WHEREAS the Municipality of Bayham oversees and maintains the Richmond Community Park in the hamlet of Richmond; AND WHEREAS, in September 2021, Council considered an application to the Ontario Trillium Foundation – Community Building Fund; AND WHEREAS, during the above-noted consideration, Council deliberated an application for a basketball court in the Richmond Community Park and ultimately directed staff to submit an application for a different project; AND WHEREAS the Municipality collects payment-in-lieu-of-parkland fees for severed lots and holds these funds in the Parkland Reserve Fund; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham direct staff to investigate and report back on the costs associated with the construction of a basketball court in the Richmond Community Park to be funded from the Parkland Reserve Fund. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED C. Councillor Donnell re Municipal Accommodation Tax Moved by: Councilor Donnell Seconded by: Councillor Chilcott WHEREAS short-term accommodations and rentals have grown substantially in popularity in recent years; AND WHEREAS, in May 2017, the Province enacted Bill 127, Stronger, Healthier Ontario Act, 2017, providing municipalities with an additional mechanism to fund and promote tourism; AND WHEREAS Bill 127 provides municipalities the authority to levy a transient accommodation tax (hotel tax); 2022 Council Minutes April 7, 2022 5 AND WHEREAS, on December 1, 2017, the Transient Accommodation Regulation 435/17 came into force and effect, outlining provisions for Ontario municipalities to implement a Municipal Accommodation Tax (MAT); THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham direct staff to investigate and report back on the benefits and challenges of implementing a Municipal Accommodation Tax (MAT) for the Municipality of Bayham. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report PS-06/22 by Ed Roloson, Manager of Capital Projects - Water/Wastewater Operations re Annual Drinking Water Inspection Reporting for Bayham and Richmond Drinking Water Systems 2021-2022 Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report PS-06/22 re: MECP Annual Drinking Water Inspection Reports for the Bayham and Richmond Drinking Water Systems be received for information. Recorded vote: 2022 Council Minutes April 7, 2022 6 Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED B. Report PS-07/22 by Ed Roloson, Manager of Capital Projects - Water/Wastewater Operations re Public Works 2022 Capital Projects – PW-17, PW-19 and PW-105 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Staff Report PS-07/22 re: Public Works 2022 Capital Projects – PW-17, PW-19, and PW-105 be received for information; AND THAT the $150,000 allocated in the 2022 Capital Budget for Items PW-17 and PW- 105 be repurposed to the 2022 Capital gravel program, Item PW-19. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED C. Report PS-08/22 by Steve Adams, Manager of Public Works re Transfer of Maintenance Provider for Agreement No. 0753 and By-law 2021-023 – Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report PS-08/22 re Transfer of Maintenance Provide for Agreement No. 0753 and By-Law 2021-023 – Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance be received for information; AND THAT Council terminate the existing Service Agreement with PK Property Maintenance; AND THAT Council authorize the execution of a Service Agreement with Elgin Property Maintenance for maintenance of the Port Burwell East Beach & Port Burwell Community Park Washrooms under the same terms and conditions as the Agreement with PK Property Maintenance; 2022 Council Minutes April 7, 2022 7 AND THAT the appropriate by-law be brought forward for Council’s consideration. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Minor Variance A-23/21 B. Notice of Public Meeting re Proposed Minor Variance A-02/22 C. Notice of Public Meeting re Proposed Zoning By-Law Amendment ZBA-08/22 Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT items 12.1.1 A-C be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 12.1.1 Requiring Action 12.2 Reports to Council A. Report DS-12/22 by Bill Knifton, Chief Building Official|Drainage Superintendent re 1st Quarter Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report DS-12/22 re 1st Quarter Report be received for information. 2022 Council Minutes April 7, 2022 8 Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED B. Report DS-15/22 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application ZBA-06/22 – Hildebrandt Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-15/22 regarding the Hildebrandt rezoning application ZBA-06/22 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held March 17, 2022 associated with this application, there were two written submissions acknowledged and no oral presentation received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property owned by Wilhelm and Agatha Hildebrandt located in Concession 3 Lot 17, known as 55881 Light Line from Estate Residential (ER) Zone to site-specific Estate Residential (ER-10) Zone to permit for combined accessory building floor area maximum of 228 m2 for the existing personal storage accessory building with 50.2 m2 floor area and proposed additional accessory building for personal storage with 177.3 m2 floor area, and to recognize the existing hobby farm operation with floor area maximum of 228 m2 in the existing barn. AND THAT Zoning By-law No. Z738-2022 be presented to Council for enactment. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 2022 Council Minutes April 7, 2022 9 C. Report DS-16/22 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Application E23-22 AGinvest Farmland One Inc. Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report DS-16/22 regarding Consent Application E23-22 for AGinvest Farmland One Inc. be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E23-22 be granted subject to the following conditions and considerations: 1. Rezoning of the severed lot from Agricultural (A1-A) to Rural Residential (RR) Zone and the retained lands from Agricultural (A1-A) to Special Agricultural (A2) to prohibit new dwellings 2. Municipal Road Access Permit required for access to the retained lands from Coyle Road 3. Purchase civic number signage for the retained parcel 4. Planning Report fee payable to the municipality 5. Digital copy of the final survey provided to the municipality 6. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED D. Report DS-17/22 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site Plan Agreement – 9707808 Canada Inc. 4688 Godby Road Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report DS-17/22 regarding the 9707808 Canada Inc. Site Plan Agreement extension be received; 2022 Council Minutes April 7, 2022 10 AND THAT Council agrees to extend the 9707808 Canada Inc. Site Plan Agreement approved by By-law No. 2021-016 as expired on March 18, 2022 for an additional time period expiring on March 18, 2023. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Elgin County re March 22, 2022 Elgin County Council Highlights B. Tillsonburg District Memorial Hospital re COVID Outbreak declared March 29, 2022 C. County of Elgin re Platinum Jubilee of Her Majesty Queen Elizabeth II Commemorative Pins D. Elgin County re Notice of Lease Renewals for Elgin County Library Branch Facilities E. Township of Chapple re Expansion of Northern Ontario School of Medicine F. Municipality of Mississippi Mills re Abandoned Cemeteries G. City of Port Colborne re Year of the Garden 2022 Proclamation H. City of Barrie re Plan of Action to Address Joint and Several Liability I. Town of Georgina re Limitations on Purchasing Goods Originated from Russia Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT items 13.1.1 A-I be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x 2022 Council Minutes April 7, 2022 11 Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 13.1.2 Requiring Action A. Terrace Lodge Redevelopment Fundraising Committee re Bayham Committee Member Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the correspondence from Terrace Lodge Redevelopment Fundraising Committee re Bayham Committee Member be received for information; AND THAT the vacancy on the Bayham Community Terrace Lodge Redevelopment Fundraising Committee be opened up to all residents of Bayham. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 13.2 Reports to Council A. Report CAO-12/22 by Thomas Thayer, CAO|Clerk re 2022 Municipal Election Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-12/22 re 2022 Municipal Election be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED B. Report CAO-13/22 by Thomas Thayer, CAO|Clerk re 2022 Procedural By-Law Update for Virtual Meetings 2022 Council Minutes April 7, 2022 12 Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-13/22 re Procedural By-law Updates for Virtual Meetings be received for information; AND THAT the appropriate amending by-law be brought forward for Council’s consideration. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED C. Report CAO-14/22 by Thomas Thayer, CAO|Clerk re Hybrid Council Meetings for the Municipality of Bayham Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-14/22 re Hybrid Council Meetings for the Municipality of Bayham be received for information; AND THAT staff proceed with the procurement of technology and sound proofing needed to support hybrid meetings; AND THAT the project be funded from working capital. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED D. Report CAO-15/22 by Thomas Thayer, CAO|Clerk re Shared Municipal Development Services RFP Update Moved by: Councillor Froese 2022 Council Minutes April 7, 2022 13 Seconded by: Councillor Donnell THAT Report CAO-15/22 re Shared Municipal Development Services RFP Update be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 14. BY-LAWS A. By-law No. Z738-2022 Being a by-law to amend By-Law No. Z456-2003, as amended – Hildebrandt B. By-law No. 2022-027 Being a by-law to amend By-Law No. 2022-003 being a by-law to govern the proceedings of the Council of the Municipality of Bayham and of its committees and the conduct of its members Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT By-law No. Z738-2022 and 2022-027 be read a first, second and third time and finally passed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL 2022 Council Minutes April 7, 2022 14 A. By-law No. 2022-028 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Confirming By-law No. 2022-028 be read a first, second and third time and finally passed Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 9:19 p.m. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Thursday, April 7, 2022 7:30 p.m. A. John and Jennifer Klassen – 9253 Plank Road The April 7, 2022 Statutory Planning Meeting was held virtually via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:34 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. Zoning Application ZBA-08/22 submitted by John and Jennifer Klassen THE PURPOSE of this By-law is an amendment to change the zoning regulations on a 2,344 m2 (0.58 acre) parcel of land from a Central Business District and Village Residential (C1/R1) zone to a site-specific Central Business District and Village Residential (C1/R1-XX) zone to permit a buffer strip of 3.2 m (10.5 ft) whereas 4.5 m (14.8 ft) is the permitted minimum for the commercial building; and to permit a buffer strip of 1.8 m (5.9 ft) whereas 4.5 m is the permitted minimum for the commercial building parking lot; to permit side yard setback of 0.25 m (0.82 ft) whereas 4.5 m is the permitted minimum for a commercial use abutting an Open Space (OS) zone, in Zoning 2 Statutory Planning Agenda - Zoning April 7, 2022 By-law Z456-2003. The subject lands are located on the west side of Plank Road, south of Heritage Line, known as 9253 Plank Road. THE EFFECT of this By-law will be to permit an existing reduced buffer strip for the building to facilitate proposed building enlargement of the automotive parts business; to permit reduced buffer strip for the proposed parking lot associated with the enlargement; and to recognize the existing side yard setback (north side). The property is also subject to site plan control. 5. PUBLIC PARTICIPATION No members of the public registered. 6. CORRESPONDENCE No correspondence was received. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Councillor Susan Chilcott Seconded by: Councillor Dan Froese THAT the Zoning By-law be considered at the regular meeting of April 21, 2022; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-06/22 is now complete at 7:38 p.m. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED MAYOR CLERK ZBA-06/22 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z738-2022 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: W. & A. HILDEBRANDT, 55881 LIGHT LINE ZBA-06/22 TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z738-2022 on the 7th day of April 2022, under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 28th day of April 2022 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is amendment to change the zoning regulations on an 8.9 ha (22 acre) parcel of land in the Estate Residential (ER) Zone to a site-specific Estate Residential (ER- 10) Zone, to permit: combined accessory building floor area maximum of 228 m2 (2,454 ft2) whereas 55 m2 (592 ft2) is the permitted maximum for personal storage; and, to permit an oversized accessory building for the keeping of livestock as a hobby farm in an existing accessory building with floor area maximum of 228 m2, in Zoning By-law Z456-2003. The subject lands are located on the south side of Light Line, east of Plank Road, known as 55881 Light Line. THE EFFECT of this By-law will be to permit a new 177.3 m2 (1,908 ft2) oversized accessory building for personal and vehicle storage and maintenance in addition to an existing accessory building (“workshop”) with floor area of 50 m2 (540 ft2); and to recognize an existing accessory building (barn) with floor area of 228 m2 housing no more than 4-6 bulls at any one time. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 8TH DAY OF APRIL 2022. NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville, ON, N0J 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill@bayham.on.ca W: www.bayham.on.ca ZBA-11/22 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED TEMPORARY USE ZONING BY-LAW IN THE MUNICIPALITY OF BAYHAM APPLICANT: TONY AND NETTIE WALL, 54732 NOVA SCOTIA LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a Temporary Use Zoning By-law - Application ZBA-11/22. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, May 5th, 2022 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law amendment under Section 39 of the PLANNING ACT. THE PURPOSE of this By-law is to temporarily change the zoning regulations on a 3.2 ha (8 acres) parcel from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-x) Zone to permit a garden suite, in the form of a 1-storey transportable pre-fabricated dwelling unit, for a period not to exceed twenty (10) years in Zoning By-law Z456-2003. The subject lands are located on the north side of Nova Scotia Line, east of Woodworth Road, at 54732 Nova Scotia Line. THE EFFECT of this By-law will be to allow for the installation of a temporary residence (Garden Suite) with floor area of 84 m2 (900 ft2) on the subject lands exclusively for accommodation of relatives for a period not exceeding 10 years. 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. When possible please consider utilizing written correspondence. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal 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 14th day of April 2022. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca ZBA-12/22 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: W. D. BRONZ LTD., 9222 AND 9228 ALWARD STREET, STRAFFORDVILLE TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment – Application: ZBA-12/22. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public Meeting on Thursday, May 5th, 2022 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is an amendment to change the zoning regulations on 1,693.4 m2 (0.4 acre) of land from a Village Residential 1 (R1) zone to two site-specific Village Residential 1 (R1-XX) zones to permit: minimum lot area of 879.1 m2 (0.2 acre) for the westerly portion of the lands (9228 Alward Street) and minimum lot area of 814.8 m2 (0.2 acre) for the easterly portion of the lands (9222 Alward Street) whereas 900 m2 (0.2 acre) is the permitted minimum in the R1 zone; and minimum lot frontage of 15.24 m (50 ft) for each parcel whereas 20.0 m (65 ft) is the permitted minimum, in Zoning By-law Z456-2003. The subject lands are located at 9222 and 9228 Alward Street, south side, south of Heritage Line in the Village of Straffordville. THE EFFECT of this By-law will facilitate the severance of the existing semi-detached dwelling building as fulfillment of Condition of Consent, Elgin Land Division Committee file E50/21, to rezone the severed and retained lands to permit reduced lot area and lot frontage. 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. When possible please consider utilizing written correspondence. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 14th day of April 2022. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works|Drainage Superintendent DATE: April 21, 2022 REPORT: DS-18/22 REPORT NO. 220242 SUBJECT: HAMPTON DRAIN IMPROVEMENTS BACKGROUND: On May 21, 2020, a request was received from Thomas Eisenhauer, president of Bonnefield farmland for farming, on the lands known as Lots 11, 12, 13, Con 6. to make repairs to the Hampton Drain that situated on this property. On June 4, 2020, Council appointed Spriet Associates to make an examination on this drainage area and prepare a report for Council’s consideration. DISCUSSION: Engineer’s Report # 220242, received from Spriet Associates dated March 15, 2022 was filed with the Clerk on March 28, 2022. Council should now determine whether it wishes to proceed with Notices under the Drainage Act and direct the Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the Council meeting at which this report will be considered to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d) The Director, of the Ministry of Agriculture, Food and Rural Affairs RECOMMENDATION 1. THAT Report DS-18/22 regarding re Hampton Drain Improvements be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #220242 dated March 15, 2022 for the Hampton Drain Improvements, as prepared by Spriet Associates, and filed with the Clerk on March 25, 2022; 3. THAT Council set a date for the Public Meeting to he held on May 5, 2022 at 7:30 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, and in accordance with the Drainage Act. Respectfully Submitted by: ______________________________ _____________________________ Steve Adams Thomas Thayer, CMO Manager of Public Works CAO|Clerk Drainage Superintendent The Municipality of Grey Highlands 206 Toronto Street South, Unit One - P.O. Box 409 Markdale, Ontario N0C 1H0 519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643 www.greyhighlands.ca info@greyhighlands.ca April 06, 2022 Sent via email Office of the Prime Minister 80 Wellington Street Ottawa, ON K1A 0A2 Dear Mr. Trudeau: Re: Resolution # 2022-241 – HST rebate on new homes in Ontario Please be advised that the following resolution was passed at the April 06, 2022 meeting of the Council of the Municipality of Grey Highlands. 2022-241 Paul Allen, Dane Nielsen Whereas attainable housing has been a concern of hopeful homeowners for many years; and Whereas attainable housing is a priority of all levels of government; and Whereas the Government of Ontario will rebate a portion of the provincial part of HST paid for a house to a maximum of $24,000 if HST was paid on the land, or $16,080 if HST was not paid on the land regardless of the fair market value of the house; and Whereas the Government of Canada will rebate a portion of the federal part of HST paid for a house only if the fair market value is under $450,000; and Whereas the average fair market value of a new home in Ontario is well above the $450,000 threshold; now Therefore be it resolved that the Municipality of Grey Highlands requests that the Federal government remove or increase the $450,000 fair market value threshold to reflect today’s housing costs; and That council direct staff to circulate this resolution to Prime Minister Justin Trudeau, Premier Doug Ford, MP Alex Ruff, MPP Bill Walker, Provincial and Federal Finance Ministers, The Ministry of Municipal Affairs and Housing, AMO, Grey Bruce Home Builders and Trades Association, Ontario Home Builders Association and all Municipalities in Ontario. CARRIED. The Municipality of Grey Highlands 206 Toronto Street South, Unit One - P.O. Box 409 Markdale, Ontario N0C 1H0 519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643 www.greyhighlands.ca info@greyhighlands.ca If you require anything further, please contact this office. Sincerely, Amanda Fines-VanAlstine Council & Committee Coordinator Municipality of Grey Highlands cc. Premier, Doug Ford MP, Alex Ruff MPP, Bill Walker Federal Minister of Finance, Chrystia Freeland Provincial Minister of Finance, Peter Bethlenfalvy Ministry of Municipal Affairs and Housing Association of Municipalities Ontario Grey Bruce Home Builders’ Association Ontario Home Builders’ Association All Municipalities in Ontario CAO Thomas Thayer Municipality of Bayham 56169 Heritage Line Straffordville, Ontario NOJ 1YO April 2nd, 2022 Re funding request Dear Mayor and Council: The Canadian Coast Guard Auxiliary (CCGA) has a vessel operating out of Port Bruce that provides primary search and rescue operations covering the area west of Port Dover to east of Port Stanley. The unit is known as the “Reel Knight” and is crewed by well trained and versatile volunteers. Crews are tasked Joint Rescue Coordination Centre in Trenton Ontario by the Canadian Coast Guard. In 2021 40% of our units’ calls were for boaters near or operating out of Port Burwell, 95% of those calls were at night. It has been brought to our attention that numerous boaters have narrowly missed the pier, run aground or struck the rock jetty. The approach to Port Burwell inlet is challenging, approach is at an angle to the east, it is shallow at the best of times and primarily it is poorly identified. The main marker is a hockey stick on a float. Our own vessel has run aground and touched bottom three other times. Our Unit is requesting your support by funding the capital cost of four approved navigational aids (see attached), at a cost of $2,000.00 including HST and anchoring materials. Our Unit, with the support of local fishermen, will place those aids in the appropriate locations for the boating season and store them in the off season. If a delegation before Council is appropriate that can be arranged for at your convenience by contacting the undersigned. Respectfully Chuck Smith, Unit Leader, Pete Barbour, Second Unit Leader, REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: April 21, 2022 REPORT: TR-09/22 SUBJECT: 2022 Q1 VARIANCE REPORT BACKGROUND The Q1 (first quarter) financial reports are provided for Council’s fiduciary review. This Report provides a summary of current revenue and expenditures to March 31, 2022 and variances to the Operating Budget and Capital Budget. The Operating Budget and Capital Budget is at expected levels given the cyclical nature of operations. DISCUSSION Capital expenses have commenced in some departments, and with an early passed budget permitted department managers to secure competitive pricings and availability of service providers. ATTACHMENTS 1. Appendix A: 2022 Q1 Operating Revenue & Expense Variance Report 2. Appendix B: 2022 Q1 Capital Expense Variance Report RECOMMENDATION 1. THAT Staff Report TR-09/22 re 2022 Q1 Variance Report be received for information. Respectfully submitted, Reviewed by, __________________________ __________________________ Lorne James, CPA, CA Thomas Thayer, CMO Treasurer CAO|Clerk Revenues 05.10 General Taxation $1,307,386 $5,250,545 25% 05.20 Other Revenues $256,363 $1,025,100 25% 10.10 General Government $2,626 $173,000 2%-transfer yet to be booked 10.20 Council $50,100 0%-transfer yet to be booked 20.10 Fire Services $8,872 $17,500 51% 20.20 Police Services $0 $0 20.30 Conservation Authority 20.40 Building Services $71,268 $214,000 33% 20.50 Bylaw Enforcement Services $7,555 $20,000 38% 25.10 Roads $189,136 $523,879 36% 25.20 Winter Control $2,721 25.40 Street Lights 30.10 Water $111,768 $754,712 15% 30.15 Richmond Water $14,181 $95,012 15% 30.30 Waste Disposal $24,303 $147,000 17% 30.20 Waste Water $160,895 $1,007,500 16% 35.20 Cemeteries $47 $2,000 2% 40.10 General Assistance 45.10 Parks & Recreation $0 $2,600 0% 45.20 Straffordville Community Centre $330 45.30 Vienna Community Centre 45.40 Libraries $19,233 $73,064 26% 45.50 Museums $11,390 $24,200 47% 50.10 Planning, Development & Tourism $27,310 $64,500 42% 50.15 Tourism & Marketing $0 $15,000 0%- summer based revenues 50.20 Environmental Services $6,500 0%- superindentant grant Capital $217,507 $6,117,500 4%- capital works in early stages Expenditures 05.10 General Taxation -$2,899 $31,139 -9% 05.20 Other Revenues 10.10 General Government $336,198 $1,245,241 27% 10.20 Council $19,100 $143,456 13% 20.10 Fire Services $113,953 $555,705 21% 20.20 Police Services $151,773 $945,575 16% 20.30 Conservation Authority $47,589 $99,644 48% 20.40 Building Services $31,184 $148,200 21% 20.50 Bylaw Enforcement Services $5,450 $50,626 11% 25.10 Roads $508,247 $1,627,695 31% 25.20 Winter Control $68,203 $115,234 59% 25.40 Street Lights $8,644 $35,500 24% 30.10 Water $67,274 $754,712 9% 30.15 Richmond Water $15,273 $95,011 16% 30.20 Waste Water $100,706 $564,000 18% 30.30 Waste Disposal $151,103 $1,007,499 15% 35.20 Cemeteries $651 $17,500 4% 40.10 General Assistance $0 $7,000 0% 45.10 Parks & Recreation $21,217 $84,177 25% 45.20 Straffordville Community Centre $18,387 $37,552 49% 45.30 Vienna Community Centre $10,350 $26,152 40% 45.40 Libraries $10,733 $73,064 15% 45.50 Museums $8,122 $61,260 13% 50.10 Planning, Development & Tourism $36,484 $153,874 24% 50.15 Tourism & Marketing $6,314 $64,449 10% 50.20 Environmental Services $2,837 $15,448 18% Capital $193,061 $7,114,000 3%- capital works in early stages Municipality of Bayham Appendix A: 2022 Q1 Operating Revenue and Expense Variance Report 2022 Actuals 2022 Budget % Consumed 2022 2022 % Actuals Budget Consumed General Government Council Computers -$ 10,000$ 0% Laserfiche Forms -$ 10,000$ 0% Liability Reserve Transfer 15,000$ 0%not booked yet Working Capital Transfer 10,000$ 0%not booked yet Election Reserve Transfer 15,000$ 0%not booked yet Guarantorship Loan Reserve Transfer 100,000$ 0%deferred to operating Fire Fire Equipment Reserve Transfer 160,000$ 0%not booked yet PPE Bunker Gear -$ 25,000$ 0% Water Flow Survey/ Dry Hydrant Install -$ 29,000$ 0% Roads Eden Line Culvert 35,000$ 0% Coyle Road 60,000$ 0% Best Line Culvert 35,000$ 0% Backhoe 173,723$ 180,000$ 97%done Pressey Line 27,500$ 0% Murray Road 85,000$ 0% Maple Grove Line 140,000$ 0% Springer Hill Road 140,000$ 0% Eden Line 858$ 50,000$ 2% Stafford Road 50,000$ 0% Carson Road 1,716$ 125,000$ 1% Clarke Road 2,243$ 100,000$ 2% Coyle Road 280,000$ 0% Gravel Program 190,000$ 0% Road Side Brushing 30,000$ 0% Hill Management 30,000$ 0% CRF - Vienna Sidewalk Program 300,000$ 0% PB Storm Sewer - Phase 1C-D 2,500,000$ 0% B & C Inspection 10,000$ 0% Laserfiche Forms -$ 10,000$ 0% Sidewalks 5,115$ 100,000$ 5% Road Signs 5,000$ 0% Public Works - Road Transfer 210,000$ 0%not booked yet Guardrails 10,000$ 0% Water Equipment Richmond 15,000$ 0% Laserfiche Forms 10,000$ 0% Richmond-Well level monitoring 15,000$ 0% Waster Water System Equipment 45,000$ 0% UV System Upgrades 50,000$ 0% Laserfiche Forms 10,000$ 0% Manhole Rehab 25,000$ 0% Parks Quality of Place Initiatives 59,500$ 0% Beach Amenities 9,399$ 10,000$ 94%done Port Burwell Tennis Court 15,000$ 0% Facilities Straffordville Library HVAC 15,000$ 0% Touchless Renovations 45,000$ 0% VCC Water Funance 65,000$ 0% SCC Expansion 2,003,000$ 0% PB Lighthouse 165,000$ 0% Municipality of Bayham Appendix B: 2022 Q1 Capital Expense Variance Report THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-022 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND SCG FLOWMETRIX WHEREAS Section 23 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality may enter into an agreement with any person to construct, maintain and operate a private road or a private water or sewage works, including fire hydrants; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with SCG Flowmetrix for conducting a Fire Hydrant Flow Survey; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and SCG Flowmetrix; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF APRIL 2022. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-029 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE MUNICIPALITY AND ANDREW AND KIM HEUTINCK FOR THE CONSTRUCTION OF A PORTION OF GREEN LINE (PART OF ROAD ALLOWANCE BETWEEN CONCESSIONS 10 AND 11 LOT 20) WHEREAS the Owners of lands, Andrew and Kim Heutinck, described in Schedule ‘B’ attached hereto and forming part of this By-law, have applied to the Municipality for permission to reconstruct that part of the said road allowance shown as PART 1 on Plan 11R-10796 at the Owners’ expense in order to provided frontage and access to the lands of the Owners, AND WHEREAS the Council of The Corporation of the Municipality of Bayham is in agreement with the project proceeding subject to the conditions as set out in the Development Agreement attached hereto as Schedule ‘A’ and forming part of this By-law; AND WHEREAS the said Owners are in agreement with the terms and conditions as set out in the aforementioned Agreement and Council now deems it necessary to execute same. THEREFORE THE COUNCIL FO THE COPRORATION OF THE MUNICIPALTIY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule ‘A’ and forming part of this By-law between the Corporation of the Municipality of Bayham and Andrew and Kim Heutinck setting out the terms and conditions for the construction of Green Line as described in the said Agreement is hereby approved. 2. THAT the Mayor and Clerk be hereby authorized to execute the said Agreement. 3. THAT this Agreement shall come into full force and effect upon the date of its enactment. 4. THAT this By-law and Agreement shall be registered on title to the subject lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF APRIL 2022. __________________________________ __________________________ MAYOR CLERK Schedule ‘A’ to By-law No. 2022-029 DEVELOPMENT AGREEMENT GREEN LINE ROAD CONSTRUCTION DEVELOPMENT AGREEMENT made in duplicate this 17th day of April 2022. BETWEEN: ANDREW HEUTINCK and KIM HEUTINCK (hereinafter referred to as the “Owners”) of the First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the “Municipality”) of the Second Part WHEREAS the Owners are the owners of lands described in Schedule ‘A’ to this Agreement (Owners’ Lands); AND WHEREAS a traveled road allowance known as Green Line is maintained by the Municipality from its intersection with Pressey Line at its westerly termination, eastward to a terminus of the traveled portion east of Talbot Line and just east of the lot lines between Lots 19 and 20; AND WHEREAS the road allowance between Concessions 10 and 11, at Lot 20 contains an unopened portion road allowance beyond the terminus of the currently traveled and maintained portion of Green Line; AND WHEREAS the Owners have applied to the Municipality for permission to reconstruct that part of the said road allowance between Concessions 10 and 11 at Lot 20, shown as PART 1 on Plan 11R-10796, which will have the effect of extending the traveled, maintained and constructed portion of Green Line farther to the east, at the owners’ expense in order to provide road frontage and access to the Owners’ Lands, on which the Owners propose to erect or permit to be erected a residential dwelling and accessory buildings; AND WHEREAS the Municipality desires to enter into this Development Agreement to ensure the orderly construction and potential opening of the said proposed extension of Green Line; NOW THEREFORE in consideration of the premises, the payment of the sum of Two Dollars ($2.00) of lawful money of Canada together with other good and valuable consideration by the Owners to the Municipality, the receipt and sufficiency of which is hereby acknowledged, the Owners and the Municipality hereby covenant and agree as follows: 1. CONSTRUCTION OF ROAD: (a) The Owners agree to construct, at its sole responsibility, cost and expense a road on that part of the road allowance between Concessions 10 and 11 at Lot 20, more particularly described as Part 1 on Plan 11R-10796, Schedule “B” Survey; (b) The construction of the road shall be in accordance with the drawings prepared by Spriet Associates London Limited, Consulting Engineers, dated June 10, 2021, Project 221121 (the “Accepted Drawings”), including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached to hereto as Schedule “C”. (c) The construction of the road must be carried out in accordance with good engineering practice and in a good workmanlike manner. Without limiting the generality of the foregoing, the construction must meet with the satisfaction of the Manager of Public Works of the Municipality at the Manager’s sole and unfettered discretion. (d) The Owners must obtain, at their sole cost and expense, all permits, approvals, road occupancy signage and any other permission or thing that may be required by the Municipality or any other authority of competent jurisdiction including, but not limited to, any Ministry approvals required from the Province of Ontario or permits required by any Conservation Authority, if applicable. (e) The Owners agree to be responsible for and to pay all costs and expenses associated with the construction of the said road and all matters related to the construction. Without limiting the generality of the foregoing, such costs and expenses include, but are not limited to, all design and consulting costs, including input, advice and any additional work that the said Manager of Public Works may, in his sole discretion, require from Spriet Associates London Limited. (f) The Owners hereby agree and acknowledge that no construction may proceed until all certificates of insurance and securities required by this Agreement have been provided to the Municipality and until all necessary permits and approvals have been obtained. (g) The Owners agree to purchase from the Municipality a civic address sign to identify the Owners’ Lands served by the road construction. 2. ACCEPTANCE (a) Prior to any final inspection by the Manager of Public Works, the Owners shall provide a stamped letter from the Owners’ retained engineers indicating that the road construction, including all appurtenances and details shown on the Accepted Drawings, is complete. (b) The Manager of Public Works shall perform a final inspection of the road construction and provide written confirmation of the Municipality’s acceptance of the sufficiency of the road construction, OR shall provide written notice of any deficiencies that must be rectified. (c) If any deficiencies are noted then a further final inspection shall be performed following the rectification of such deficiencies. (d) When the Manager of Public Works has provided written confirmation of the sufficiency of the road construction, Municipal staff shall recommend to Council that it pass a road opening By-Law for the purpose of adding the newly constructed portion over Part 1, Plan 11R-10796 to Municipality’s public network of roads. (e) The Owners specifically acknowledge and agree that there is no guarantee that a By-Law opening Green Line over Part 1, Plan 11R-10796 will be passed by Council for the Municipality. In the event no such By-Law is passed, the Municipality shall not be responsible or liable for any claims, costs, damages, payments or any other amounts expended by the Owners arising out of this Agreement or in preparation for any potential dwellings or accessory buildings on the Owners’ Lands. 3. MAINTENANCE (a) Until final acceptance of the road construction and the passing and registration of a By-Law opening Green Line over Part 1, Plan 11R-10796, adding it to the public network of roads within the Municipality, the Owners shall be responsible for all maintenance of the constructed road. 4. SECURITIES (a) The Owners agree to deposit with the Municipality securities in the form and amount set out below to secure the performance of all of the obligations of the Owners pursuant to this Agreement (the Security). (b) The Security is to be deposited with the Municipality prior to commencement of any work on the said road, and will be held by the Municipality until: (i) Seventy-five percent (75%) of the Security shall be returned after a final construction inspection has been made by the Manager of Public Works and all work has been completed to his satisfaction, including rectification of any deficiencies. (ii) The remaining twenty-five percent (25%) of the Security shall be returned after a warranty period of one (1) year following registration of a By-law opening Green Line over Part 1, Plan 11R-10796. Should any maintenance or repair, save and except snow plowing, be required during the one (1) year warranty period, the Owners agree that the Municipality may draw upon the remaining twenty-five (25%) Security to complete such maintenance or repair. (c) The said Security will be in the amount of $66,132.58 Dollars (Sixty-six Thousand, One Hundred and Thirty-Two Dollars and Fifty-eight Cents) representing 100 percent of the estimated cost provided by Froese Excavating Ltd., attached as Schedule “D” to this Agreement, and shall be in the form of a bank cheque or Letter of Credit satisfactory to the Municipality. (d) It is understood and agreed that the Municipality may, in its sole discretion, draw all or make one or more partial draws on the securities for purposes of completing he construction of the road and all appurtenances thereto, including rectifying any deficiencies in the said work, including deficiencies that appear after completion of the said work during the warranty period. 5. ERECTION OF DWELLING (a) The Owners agree to construct the dwelling on the south side of the road allowance at a finished grade equal to or greater than the grade of the road. (b) The Owners acknowledge and agree that there is no municipal water servicing to the Owners Lands and that the adequacy of a supply of water for any dwelling to be erected on the lands fronting on the road to be constructed or the potability thereof, shall be at the sole risk of the Owners, and that the Municipality shall have no responsibility or obligation to the Owners or any successors in title with respect to the adequacy and/or potability of a residential water supply. (c) It is understood and agreed that: (i) The road frontage necessary for the Owners Lands to meet with the criteria for a building permit will not be satisfied until such time as the Municipality passes and registers a By-Law extending Green Line over Part 1, Plan 11R-10796. (ii) An Occupancy Permit will not be issued for the said dwelling until all road construction works have been completed to the satisfaction of the Manager of Public Works for the Municipality. 6. PARKING OF VEHICLES: The Owners agree that they will neither park vehicles nor permit vehicles to be parked on the finished road at any time in such a manner as to interfere with access by emergency vehicles or with road maintenance activities. 7. APPLICABLE LAW: The Owners agree to comply with all applicable laws of all government bodies and agencies, including all by-aw and regulations, and to obtain and pay for all required permits. 8. PAYMENT OF COSTS AND FEES: The Owners agree to pay all construction, survey, legal, permit costs and fees, including disbursements, all costs incurred by the Municipality including legal costs, preparation of this Agreement and any other costs associated with or in any way connected with this Agreement. 9. DISPUTE RESOLUTION: (a) In the event of any dispute respecting the interpretation of this Agreement of the Municipality’s requirements, the matter shall be determined by the Manager of Public Works of the Municipality with respect to any issues relating to the construction of the road and by the Chief Building Official/Drainage Superintendent with respect to any issue related to drainage and grades and subject to subparagraph (b) their respective decision shall be final. (b) Disputes between the Owners and the Municipality with respect to any provision of this Agreement, unresolved under subparagraph (a) above, shall be referred to arbitration in compliance with the provisions of the Arbitrations Act R.S.O. 1990, as amended, and in particular subject to the following requirements: (i) There shall be a single arbitrator agreeable to the Municipality and the Owners, unless both are not able to agree on a single arbitrator, in which case there shall be a panel of three arbitrators, with each of the Municipality and the Owners appointing one arbitrator and those two arbitrators appointing the third. (ii) The decision of the arbitrator or arbitrators as the case may be, shall be final. (iii) The costs of the arbitration shall be borne entirely by the Owners. (iv) Notwithstanding the existence of any such disputes, the Municipality and the Owners shall continue to carry out their obligations under this Agreement in a timely fashion, and such carrying out of obligations shall be without prejudice to their respective rights under this Agreement. 10. INDEMNITY AND INSURANCE: (a) Until the Municipality has finally accepted the road construction by a road opening By-Law, the Owners shall indemnify the Municipality, its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the road and other appurtenance construction performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all documentation submitted by or on behalf of the Owners in support of the acceptance of such plans, specifications and contract. Compliance with the insurance requirements of this Agreement shall not be construed as relieving the Owners from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. (b) The Owners agree to maintain insurance in sufficient amount and description as will protect the Owners and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Owners’ operations pursuant to this Agreement, including any act or omission of the Owners’ agents or employees while engage in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. (c) In addition to the foregoing, the Owners covenant and agree that: (i) The limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Five Million ($5,000,000.00) Dollars for each occurrence. (ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be materially changed (to the detriment of the Municipality) without at least thirty (30) days’ notice to the Municipality by registered mail. (iii) The Municipality shall be named as an additional insured and the policy shall include a provision for cross liability. 11. UNSATISFACTORY OR INCOMPLETE WORK: (a) Upon any failure by the Owners to do any work or rectify any unsatisfactory work upon seven day’s written notice, the Manager of Public Works for the Municipality may procure same to be done at the Owners’ expense and all costs may be recovered from the Security held under this Agreement. In any case of emergency affecting public safety, the said Manager of Public Works may act without notice or on such notice as is reasonable in the circumstances. Any realization of the Security against costs described in this subparagraph does not relieve the Owners of paying any amount of the Municipality’s costs that is not covered by the Security. (b) Notwithstanding that the Municipality may hold Security pursuant to this Agreement, in the event of a failure, neglect or refusal by the Owners to comply with this Agreement, the Municipality shall not be required nor obligated to: (i) Complete any of the works or services required by this Agreement; or (ii) Maintain any of the works or services required by this Agreement. 12. CONSTRUCITON LIENS: (a) The Owners shall comply with all of the provisions of the Construction Act, R.S.O. 1990 c. C30, as amended from time to time and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the said Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. (b) The Owners shall, at their own expense, within ten (10) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990 c. C 30, which affect any lands of the Municipality, including public highways and road allowances, and which arise out of the performance of this Agreement by the Owners and their servants, employees, agents, contractors and subcontractors. Should the Owners fail or refuse to pay, discharge vacate or obtain and register a release of all charges, claims, liens and all preserved or perfected liens, then the Municipality may proceed to take any legal action available to it and the Owners hereby specifically agree to indemnify the Municipality of all of its costs associated with taking such legal action including its legal costs on a full indemnity scale. (c) The Manager of Public Works for the Municipality may at any time, authorize the use of all or part of the Security required pursuant to this Agreement, including bank cheque or letter of credit: (i) To pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990, c. C30, which affect any lands, including public highways and road allowances of the Municipality in the event the Owners default on the performance of this section, and (ii) To pay to the Municipality any amounts owing to it pursuant to this section. 13. ENTIRE AGREEMENT: This Agreement is the entire Agreement between the Owners and the Municipality regarding the subject of this Agreement and it can be amended or supplemented only by a document executed in writing by both the Owners and the Municipality. 14. SEVERABILITY: If any term of this Agreement is found to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that finding or by the severance of that term. 15. CONTEXT: In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 16. GOVERNING LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario. 17. NO REPRESENTATIONS OR WARRANTIES: It is acknowledged and agreed that the Municipality has made no representations or warranties whatsoever as to site conditions in the proposed development of the suitability of the site for the construction of a road. 18. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 19. NOTICE: Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville ON N0J 1Y0 and to the Owners at: Andrew Heutinck and Kimberly Heutinck 1582 Concession # 3 Wilsonville ON N0E 1Z0 Any notice may also be given by prepaid registered mail, and such notice shall be effective four (4) days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. 20. HEADINGS: Headings contained in this Agreement are for reference purposes only and do not affect the meaning of this Agreement. IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals under the hands of their officers duly authorized in that behalf, and the individual parties have set their hands and seals. SIGNED, SEALED AND DELIVERED ) In the presence of: ) _____________________________ ) Andrew Heutinck ) ) ) _____________________________ ) Kimberly Heutinck ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Ed Ketchabaw, Mayor ) ) ) _____________________________ ) Thomas Thayer, Clerk ) SCHEDULE ‘A’ TO BY-LAW NO. 2022-029 Legal Description of Owners’ Lands: BAYHAM CON 10 N PT LOTS 20 AND 21 PT RD ALLOW AND RP 11R10176 PART 1 Roll No. 3401-000-006-16600 SCHEDULE ‘B’ TO BY-LAW NO. 2022-029 Survey To be attached SCHEDULE ‘C’ TO BY-LAW NO. 2022 -029 Road Construction Design To be attached SCHEDULE ‘D’ TO BY-LAW NO. 2022-029 Construction Cost Estimate To be attached THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z739-2022 KLASSEN BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended. THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “F” Straffordville by changing the zoning symbol on the lands from Central Business District and Village Residential (C1/R1) zone to a site-specific Central Business District and Village Residential (C1-4/R1) zone, which lands are outlined in heavy solid lines and marked C1-4/R1 on Schedule “F” Straffordville to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 8.13 Exception – Estate Residential (ER) Zone by adding the following clauses: 17.11.4.1 Defined Area C1-4/R1 as shown on Schedule “F”, Straffordville 17.11.4.2 Minimum Side Yard Setback (North Side) 0.2 metres for the existing building 17.11.4.3 Permitted Buffer Strips 3.2 metre buffer strip between the commercial automotive parts building and the adjacent rear property line, notwithstanding Section 4.28.4. 1.9 metres between the edge of the commercial parking lot and the northwest irregular property line, as established by Site Plan Agreement, notwithstanding Section 4.28.4 and 4.28.6. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 21st DAY OF APRIL 2022. READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF APRIL 2022. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-030 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD APRIL 7, 2022 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held April 21, 2022 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF APRIL 2022. ____________________________ _____________________________ MAYOR CLERK