HomeMy WebLinkAboutJune 16, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 16, 2022 7:00 p.m. 7:30 p.m. Public Planning Meeting – Proposed Zoning By-Law Amendment 8:00 p.m. Hampton Drain Improvements – Court of Revision
This Meeting will be held in person and will not be live-streamed or recorded to YouTube. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS
5. PRESENTATIONS A. Ed van der Maarel, Principal Architect, Partner, and Brendon Ager, Senior Architectural
Technologist, a+LINK Architecture re Proposed Design – Straffordville Community Centre Expansion 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held May 18, 2022 B. Regular Council Meeting held June 2, 2022 C. Statutory Planning Meeting held June 2, 2022 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 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
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11.1.1 Receive for Information
11.1.2 Requiring Action
A. Sharon Leger re Request for Four-Way Stop at Oak Street and Ann Street
11.2 Reports to Council
A. Report PS-12/22 by Steve Adams, Manager of Public Works/Drainage Superintendent re Surplus of One (1) Loader Backhoe B. Report PS-13/22 by Steve Adams, Manager of Public Works/Drainage Superintendent re Bulk Item Curbside Pick-Up Financial Impacts C. Report FR-06/22 by Harry Baranik, Fire Chief re Appointment of District Chief – Port Burwell Station 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-06/22 Clarke
B. Notice of Passing re Zoning By-Law Z741-2022 – Wall
C. Notice of Passing re Zoning By-Law Z743-2022 – Miller D. Notice of Passing re Zoning By-Law Z744-2022 – Klassen
E. Notice of Passing re Zoning By-Law Z745-2022 – Thiessen 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-38/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Site Plan Agreement – Borm Capital Inc. B. Report DS-39/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Site Plan Control By-Law No. 2022-046, Delegating Authority for Site Plan Control and Repealing By-Law No. 2016-047 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Municipal Property Assessment Corporation re Voterlookup.ca
B. Voyent Alert! re Register Today
C. Elgin County re May 24, 2022 Council Highlights
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D. The District of Muskoka re Annual Emergency Exercise
E. Town of Aurora re Private Member’s Bill C-233 “Kiera’s Law” 13.1.2 Requiring Action
13.2 Reports to Council
A. Report CAO-27/22 by Thomas Thayer, CAO|Clerk re Ontario’s Build it Right the First Time – Follow-Up to Council Correspondence Received May 5, 2022 B. Report CAO-28/22 by Thomas Thayer, CAO|Clerk re Integrity Commissioner/Closed Meeting Investigator/Ombudsman Services 14. BY-LAWS
A. By-law No. 2022-043 Being a by-law to authorize the execution of a site plan agreement between Borm Capital Inc. and The Corporation of the Municipality of Bayham B. By-law No. 2022-045 Being a by-law to amend by-law 2022-011, being a by-law to appoint municipal officers and employees for the Municipality of Bayham
C. By-law No. 2022-046 Being a by-law designating the area within the territorial limits of the Municipality of Bayham as subject to site plan control and to delegate Council’s
powers pursuant to the provisions of the Planning Act and otherwise establishing regulations and procedures for obtaining approval for development within the said Municipality of Bayham as an area subject to site plan control
15. UNFINISHED BUSINESS
16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-047 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
Drawn By:
Scale:
Current Issue:
Drawing:
Project:
Plot Date:Sheet No.:
Project No.:Job Captain:
NOTES:
1. VERIFY ALL DIMENSIONS PRIOR TO CONSTRUCTION.2. DO NOT SCALE DRAWINGS.
3. REPORT ALL DISCOVERIES OF ERRORS, OMISSIONS, OR DISCREPANCIES TO THE ARCHITECT OR DESIGN ENGINEER AS APPLICABLE.
4. USE ONLY LATEST REVISED DRAWINGS OR THOSE
THAT ARE MARKED: "ISSUED FOR CONSTRUCTION".5. THE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND/OR ENGINEER AND MUST BE RETURNED ON COMPLETION
OF THE PROJECT. ANY UNAUTHORIZED USE IS PROHIBITED.6. AREA CALCULATIONS ARE APPROXIMATE.7. DATE FORMAT: YYYY-MM-DD
Set No.
Current Revision:
126 WELLINGTONP 519.649.0220 ROAD, LONDON ON N6C 4M8
www.aLiNKarch.ca
No.Date Issued For / Revisions
ISSUE & REVISION DESIGNATION
LETTER (A) = ISSUE , No. (1) = REVISION
2135
Straffordville CommunityCentre
56169 Heritage Line, Straffordville ONNOT FOR CONSTRUCTIONDATE2022-05-31 A2.3
PROPOSED
NEW DESIGN
AS SHOWN
BA BA
-
- - -
SCALE:
GROUND FLOOR - KITCHEN, CONCESSION, BAR
1/8" = 1'-0"
1
A2.3 A2.3 SCALE:
GROUND FLOOR - KITCHEN, CONCESSION, STORAGE
1/8" = 1'-0"
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A2.3 A2.3
Drawn By:Scale:Current Issue:Drawing:Project:Plot Date:Sheet No.:Project No.:Job Captain:NOTES:1. VERIFY ALL DIMENSIONS PRIOR TO CONSTRUCTION.2. DO NOT SCALE DRAWINGS.3. REPORT ALL DISCOVERIES OF ERRORS, OMISSIONS, OR DISCREPANCIES TO THE ARCHITECT OR DESIGN ENGINEER AS APPLICABLE.4. USE ONLY LATEST REVISED DRAWINGS OR THOSE THAT ARE MARKED: "ISSUED FOR CONSTRUCTION".5. THE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND/OR ENGINEER AND MUST BE RETURNED ON COMPLETION OF THE PROJECT. ANY UNAUTHORIZED USE IS PROHIBITED.6. AREA CALCULATIONS ARE APPROXIMATE.7. DATE FORMAT: YYYY-MM-DDSet No.Current Revision:126 WELLINGTONP 519.649.0220ROAD, LONDON ON N6C 4M8www.aLiNKarch.caNo.Date Issued For / RevisionsISSUE & REVISION DESIGNATIONLETTER (A) = ISSUE , No. (1) = REVISION2135Straffordville CommunityCentre56169 Heritage Line, Straffordville ONNOT FOR CONSTRUCTION
DATE2022-05-31A2.3PROPOSEDNEW DESIGNAS SHOWNBABASK-1- - -SCALE:GROUND FLOOR - KITCHEN, CONCESSION, STORAGE1/4" = 1'-0"1A2.3 A2.3
Drawn By:Scale:Current Issue:Drawing:Project:Plot Date:Sheet No.:Project No.:Job Captain:NOTES:1. VERIFY ALL DIMENSIONS PRIOR TO CONSTRUCTION.2. DO NOT SCALE DRAWINGS.3. REPORT ALL DISCOVERIES OF ERRORS, OMISSIONS, OR DISCREPANCIES TO THE ARCHITECT OR DESIGN ENGINEER AS APPLICABLE.4. USE ONLY LATEST REVISED DRAWINGS OR THOSE THAT ARE MARKED: "ISSUED FOR CONSTRUCTION".5. THE DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND/OR ENGINEER AND MUST BE RETURNED ON COMPLETION OF THE PROJECT. ANY UNAUTHORIZED USE IS PROHIBITED.6. AREA CALCULATIONS ARE APPROXIMATE.7. DATE FORMAT: YYYY-MM-DDSet No.Current Revision:126 WELLINGTONP 519.649.0220ROAD, LONDON ON N6C 4M8www.aLiNKarch.caNo.Date Issued For / RevisionsISSUE & REVISION DESIGNATIONLETTER (A) = ISSUE , No. (1) = REVISION2135Straffordville CommunityCentre56169 Heritage Line, Straffordville ONNOT FOR CONSTRUCTION
DATE2022-05-31A2.3PROPOSED NEW DESIGNWITH BARAS SHOWNBABASK-2- - -SCALE:GROUND FLOOR - KITCHEN, CONCESSION, BAR1/4" = 1'-0"1A2.3 A2.3
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Wednesday, May 18, 2022 6:00 p.m. The May 18, 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 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. PRESENTATIONS
A. Performance Concepts re 2022 Service Sharing Review Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the presentation from Performance Concepts re 2022 Service Sharing Review be received for information; AND THAT Council requests Performance Concepts to proceed with the development of
a potential Service Sharing Model where:
Malahide sells Building services;
Bayham sells By-law Enforcement services; and,
Malahide and Bayham share Planning services; AND THAT the requested Model be presented to Council in June 2022.
Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x
Councillor Dan Froese x
Councillor Susan Chilcott x
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Deputy Mayor Rainey Weisler x
Mayor Ed Ketchabaw x
CARRIED 4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-036 Being a by-law to confirm all actions of Council
Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Confirming By-law No. 2022-036 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
5. ADJOURNMENT
Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 7:02 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 COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 2, 2022 7:00 p.m. 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
FIRE CHIEF|BYLAW ENFORCEMENT OFFICER HARRY BARANIK MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA
13.1.1 E Fisheries and Oceans Canada re Port Burwell Boardwalk 13.1.2 A Susanne Schlotzhauer re Port Burwell Boardwalk – 2 attachments 13.2 B Report CAO-26/22 by Thomas Thayer, CAO|Clerk re Disconnecting from Work Policy
14. L By-Law No. 2022-044 Being a by-law to adopt a Disconnecting from Work Policy 4. ANNOUNCEMENTS Councillor Donnell announced that the Trinity Parish Hall in Port Burwell is having a penny sale
on Saturday night from 6-8 p.m. Councillor Donnell congratulated the Richmond United Church for their 172nd anniversary.
Councillor Chilcott reminded residents that Edison Fest is this Saturday beginning at 10 a.m. Mayor Ketchabaw announced that the Port Burwell East Beach has received Blue Flag status once again for 2022.
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5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held May 19, 2022
B. Statutory Planning Meeting held May 19, 2022
C. Statutory Drainage Meeting held May 19, 2022 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the minutes of the Council Meeting, Planning Meeting, and Drainage Meeting held May 19, 2022 be adopted as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 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
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance Application A-03/22
B. Notice of Decision re Minor Variance Application A-04/22 C. Notice of Decision re Minor Variance Application A-05/22 D. Notice of Passing re Zoning By-Law Amendment ZBA-12/22
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E. Notice of Public Meeting re Proposed Zoning By-Law Amendment ZBA-17/22 Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A – E be received for information.
CARRIED 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-29/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-07/22 – Miller, 55139 Light Line Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DS-29/22 regarding the Miller rezoning application ZBA-07/22 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 May 19, 2022
associated with this application, there was one written submission 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 the property owned by David and Marianne Miller described as Concession 3
Part Lot 13, from Holding Village Residential (R1(h2/h3)) to Village Residential (R1);
AND THAT Zoning By-law No. Z742-2022 be presented to Council for enactment.
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on the property owned by David and Marianne Miller described as Concession 3, Part Lot 13, from Village Residential (R1) to site-specific Village Residential (R1-18) to permit the construction of an accessory building with a maximum floor area of 139.5 m2. AND THAT Zoning By-law No. Z743-2022 be presented to Council for enactment. CARRIED B. Report DS-30/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Garden Suite Development Agreement – Wall Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
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THAT Staff Report DS-30/22 regarding the Wall Development Agreement and Rezoning be
received for information; AND THAT Council enter into an Agreement with Tony and Nettie Wall for the placement of
a Garden Suite including provisions allowing for a ten (10) year term and a security deposit in the amount of three thousand ($3000) dollars; AND THAT By-law No. 2022-040 be presented to Council for enactment; AND THAT Zoning By-law No. Z741-2022 be presented to Council for Third and Final Reading. CARRIED C. Report DS-31/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-14/22 – Thiessen, 53580 Vienna Line Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-31/22 regarding the Thiessen rezoning application ZBA-14/22 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 May 19, 2022 associated with this application, there were no written submissions and no oral presentations 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 the property owned by Rudolph and Nancy Thiessen described as Concession 3 Part Lot 2, from Agriculture (A1) Zone to a site-specific Agriculture (A1-42) Zone to permit a maximum of two (2) supplementary farm dwellings in the form of one (1) permanent building and one (1) temporary building with a maximum building area of 251 sq. m.; AND THAT By-law No. 2022-041 and Zoning By-law No. Z745-2022 be presented for enactment.
CARRIED
D. Report DS-32/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning
Application ZBA-16/22 – Klassen, 10 Oak Street Vienna Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
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THAT Report DS-32/22 regarding the Klassen rezoning application ZBA-16/22 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 May 19, 2022
associated with this application, there were no written submissions and no oral presentations
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 Franz and Anna Klassen located at 10 Oak street
Vienna from Village Residential 1 (R1) Zone to site-specific Village Residential 1 (R1-19)
Zone to permit the minimum rear yard depth of 6.8 metres for the existing dwelling;
AND THAT Zoning By-law No. Z744-2022 be presented to Council for enactment.
CARRIED E. Report DS-33/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-10/22 – Borm Capital Inc., 7288 Richmond Road
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-33/22 regarding the Borm rezoning application ZBA-10/22 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 May 19, 2022
associated with this application, there were no written submissions and no oral presentations
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 portion of a property owned by Borm Capital Inc. located at 7288 Richmond
Road from site-specific Rural Industrial – Holding (M2-8(h6)) Zone to Rural Industrial (M2-8)
Zone to permit the construction of a building addition intended for warehousing and storage
of automotive parts;
AND THAT Zoning By-law No. Z746-2022 be presented to Council for enactment.
CARRIED F. Report DS-34/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Bill 109, More Homes for Everyone Act, 2022 Moved by: Councillor Donnell Seconded by: Councillor Chilcott
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THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022, be
received for information;
AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022, Council
directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of
Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications. CARRIED The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:30 p.m.
The Council Meeting resumed at 7:53 p.m. G. Report DS-35/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Hydrogeological Study Peer Review – Draft Plan of Subdivision Application – 34T-BY2101 Sandytown Road, Straffordville Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler THAT Report DS-35/22 regarding Hydrogeological Study Peer Review – Draft Plan of
Subdivision Application – 34T-BY2101 Sandytown Road, Straffordville be received for information; AND THAT Council request the County of Elgin consider the following amendments to the conditions of Draft Plan Approval, approved by Bayham Council on January 6, 2022: That the following condition be deleted: 2. That a peer review of the Hydrogeological Assessment dated as revised November 29, 2021, is completed confirming adequacy of the proposed private onsite water services, to the satisfaction of the appropriate approval authority.” That the following conditions be inserted:
18. That a multi-well simultaneous pumping test utilizing a minimum of three (3) wells, drilled on adjacent lots during Phase 1 of the development, be conducted to provide empirical verification of the calculations in the amended Hydrogeologic Evaluation and
confirm that the proposed lot density is acceptable. 19. That the applicant confirm that any licensed Well Drillers installing wells with respect to
the development will either review and confirm understanding of the potential need for specialized well construction techniques, or will be instructed on the potential need for specialized well construction techniques, prior to the commencement of on-site drilling.
CARRIED
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13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Municipal Property Assessment Corporation re Voterlookup.ca B. Voyent Alert! re Register Today
C. City of Brantford re Release of all Federal and Provincial Documents Related to the Former Mohawk Institute Residential School D. Town of Newmarket re Mandatory Firefighter Certifications
E. Fisheries and Oceans Canada re Port Burwell Boardwalk Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT items 13.1.1 A – E be received for information.
CARRIED 13.1.2 Requiring Action
A. Susanne Schlotzhauer re Port Burwell Boardwalk Moved by: Councillor Donnell
Seconded by: Councillor Chilcott THAT the correspondence from Susanne Schlotzhauer re Port Burwell Boardwalk be received for information; AND THAT the minutes with respect to Item 8A from the March 17, 2022 Council meeting be amended to reflect Department of Fisheries and Oceans (DFO) ownership of the lands on which the Port Burwell Boardwalk was situated. CARRIED
The Council Meeting recessed for a short break at 8:19 p.m. and resumed at 8:27 p.m. B. Wendy Carmichael re Developments in Straffordville and Eden
Moved by: Councillor Chilcott Seconded by: Councillor Froese
THAT the correspondence from Wendy Carmichael re Developments in Straffordville and Eden be received for information.
CARRIED
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13.2 Reports to Council
A. Report CAO-24/22 by Thomas Thayer, CAO|Clerk re Elgin Election Joint Compliance
Audit Committee Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-24/22 re Elgin Election Joint Compliance Audit Committee be received
for information; AND THAT the by-law to establish an Elgin Election Joint Compliance Audit Committee be brought forward for Council’s consideration. CARRIED B. Report CAO-26/22 by Thomas Thayer, CAO|Clerk re Disconnecting from Work Policy Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-26/22 re Disconnecting From Work Policy be received for information; AND THAT Draft Disconnecting From Work Policy be adopted as presented; AND THAT the appropriate be brought forward for Council’s consideration.
CARRIED
14. BY-LAWS
A. By-law No. 2022-037 Being a by-law to adopt the capital estimates for the year 2022 B. By-law No. 2022-038 Being a by-law to establish a levy for the year 2022 to adopt tax rates, provide for penalty and interest in default of payment and the collection thereof C. By-law No. 2022-039 Being a by-law to establish an election join compliance audit committee for the 2022 municipal election in accordance with the Municipal Elections Act, 1996, as amended
D. By-law No. 2022-040 Being a by-law to authorize the execution of a development agreement between Tony and Nettie Wall and the Corporation of the Municipality of
Bayham
E. By-law No. 2022-041 Being a by-law to authorize the execution of a development
agreement between Rudolph and Nancy Thiessen and the Corporation of the Municipality of Bayham F. By-law No. Z741-2022 Being a by-law to amend By-Law No. Z456-2003, as amended – Wall (third reading)
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G. By-law No. Z742-2022 Being a by-law to amend By-Law No. Z456-2003, as amended – Miller
H. By-law No. Z743-2022 Being a by-law to amend By-Law No. Z456-2003, as amended – Miller
I. By-law No. Z744-2022 Being a by-law to amend By-Law No. Z456-2003, as amended – Klassen J. By-law No. Z745-2022 Being a by-law to amend By-Law No. Z456-2003, as amended – Thiessen
K. By-law No. Z746-2022 Being a by-law to amend By-Law No. Z456-2003, as amended – Borm Capital Inc.
L. By-Law No. 2022-044 Being a by-law to adopt a Disconnecting from Work Policy
Moved by: Councillor Froese Seconded by: Councillor Donnell THAT By-Law No. Z741-2022 be given a third reading and finally passed; AND THAT By-Law Nos. 2022-037, 2022-038, 2022-039, 2022-040, 2022-041, 2022-044,
Z742-2022, Z743-2022, Z744-2022, Z745-2022, Z746-2022 be read a first, second and third time and finally passed. CARRIED
15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the Council do now rise to enter into an “In Camera” Session at 8:43 p.m. to
discuss: A. Confidential Report re Sale or disposition of land (John Street)
CARRIED
16.2 Out of Camera
Moved by: Councillor Chilcott Seconded by: Councillor Froese
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THAT the Council do now rise from the “In Camera” session at 8:48 p.m. and report on
Confidential report re Sale or disposition of land (John Street) CARRIED
Moved by: Councillor Donnell Seconded by: Councillor Chilcott
THAT Confidential Report re Sale or disposition of land (John Street) be received for information; AND THAT the Council of The Corporation for the Municipality of Bayham deems Parts 1
and 2 on a survey yet to be registered surplus to the needs of the Municipality for purposes of sale to landowner; AND THAT the appropriate public comment periods for stop-up and close and sale be commenced after such time as the survey is registered. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-042 Being a by-law to confirm all actions of Council
Moved by: Councillor Donnell Seconded by: Councillor Froese THAT confirming By-Law No. 2022-042 be a read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:50 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 2, 2022 7:30 p.m.
A. Proposed Draft Plan of Subdivision – 11:28 Properties Inc. (Eden) 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 FIRE CHIEF|BYLAW ENFORCEMENT OFFICER HARRY BARANIK MANAGER OF CAPITAL PROJECTS|
WATER/WASTEWATER ED ROLOSON SIGNED IN ATTENDEES: GEOFF & LAURA CORK ANDREW GILVESY WAYNE MURRAY WENDY CARMICHAEL 1. CALL TO ORDER Mayor Ketchabaw called the 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. Proposed Draft Plan of Subdivision – 11:28 Properties Inc. (Eden) THE PURPOSE AND EFFECT of this Draft Plan of Subdivision will be to divide the subject
parcel of land into: thirty-three (33) single detached residential lots; one storm water management block; and, one active transportation access block. The proposed lots/blocks will be accessed by Plank Road by way of two new local streets which culminate in a cul-de-sac. The residential lots will be serviced by the municipal sanitary sewage disposal system and private on-site water services (wells). The subject lands are designated
2 Statutory Planning Minutes - Zoning June 2, 2022
‘Hamlets’ in the Municipality of Bayham Official Plan and are zoned Holding Hamlet Residential (HR(h2)) in the Municipality of Bayham Zoning By-law No. Z456-2003. The owners will be required to enter into a subdivision agreement with the Municipality and
obtain Zoning By-law Amendment approval for the Removal of Holding provisions prior to any development of the subject lands. 5. PUBLIC PARTICIPATION Four (4) members of the public spoke: Andrew Gilvesy noted he is one of the engineers on the project and is present for if there was any questions. Geoff Cork outlined various areas of concern including speed limit sign placement, sanitary system capacity, future liabilities for existing homes, sidewalks, and subdivision agreement clauses surrounding securities. Wayne Murray noted concerns of the sanitary sewer capacity and requested an alternate engineering firm be contacted to ensure no conflict of interest is present. Mr. Murray also noted the need for affordable housing in the area.
Wendy Carmichael outlined various areas of concern including the need for future education to new residents using filters, ensuring there is enough water pressure in case of fire and costs
incurred if sewer system reach maximum capacity. Mrs. Carmichael asked questions relating to the groundwater table and aquifers and requested a response from the Ministry of Environment and appropriate Ministers.
6. CORRESPONDENCE Four (4) items of correspondence were received by email. All items will accompany the staff report when presented at an upcoming Regular Meeting of Council.
7. OTHER BUSINESS
No other business.
8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Zoning By-Law be considered following the approval of Plan of Subdivision Agreement;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Draft Plan of Subdivision File No. 34T-BY202201, 11:28 Properties Inc. is now complete at 7:53 p.m.
CARRIED
REPORT
Physical Services
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/ Drainage Superintendent
DATE: June 16, 2022
REPORT: PS-12/22 SUBJECT: SURPLUS OF ONE (1) LOADER BACKHOE
BACKGROUND
On December 20, 2020, the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
A. Report PS- 05/ 20 by Steve Adams, Manager of Public Works re RFP 20- 01 Supply and Delivery of One (1) Loader Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
THAT Report PS- 05/ 20 regarding RFP 20- 01 Supply and Delivery of One (1) Loader be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham award RFP 20- 01 in the amount of $ 198,928.03+ HST to Strongco — Volvo Division;
AND THAT the Manager of Public Works be delegated authority to surplus the 2006 Case 621 D Loader, upon delivery of the 2021 Volvo L60, at or above the reserve bid value of $55,000+ HST, in the where is, as is condition via:
direct sale;
auction services;
AND THAT staff be directed to proceed
The Municipality received this Loader in the spring of 2021 with the recommendation that the 2006
Case 621 D be deemed surplus for the amount of $ 55,000.00. However, the intention to sell this
in 2021 did not occur as staff was awaiting a spring 2022 auction.
Staff have found having the second loader in its fleet over the nine (9) months to be exceptionally
useful for utilizing capital projects or utilizing the machine for loading materials for projects out of
the yard and during this time has 440 hours on the machine.
During the Special Council Meeting held October 5, 2022 Council approved in principal the Draft
Capital Budget for 2022-2031 which included the PW-13 the proposed purchase of a new Loader
Backhoe. At time of deliberations, staff presented the option to keep the 2011 Case Loader
Backhoe as a secondary back-up machine. DISCUSSION The Municipality currently operates a 2022 John Deere and a Case 2011 Loader Backhoe. This
Spring maintenance work including hydraulic repairs were done to the 2011 Case backhoe and during this repair unforeseen problems have been found which may not be able to be fixed or may result to larger repairs in the future being required. The mechanic found large pieces of
metal throughout the hydraulic system which came internally from a cylinder rod. The metal was found throughout the machine including one cylinder and two valve blocks which needed to be repaired in order to continue to operate the unit at a cost of nearly $7,500.00.
Public Works staff currently are operating the machine with capital projects. However, the machine may continue to pump oil with metal filings throughout the machine and could
potentially cause continuous damage to the machine and hydraulic system. The recommendation being brought forth by conversations with the Case dealer service department, a local hydraulic specialist, and the mechanic that performed the work is disposition of the backhoe may be the best option for the Municipality as problems will be continuous and may have financial burden towards the Municipality’s operating budget. RECOMMENDATION THAT Report PS-12/22 re Surplus of One (1) Loader Backhoe be received for information; AND THAT staff continue utilizing the 2006 Case 621 D Loader;
AND THAT the Manager of Public Works be delegated authority to surplus the 2011 Case 580
Loader Backhoe, at or above the reserve bid value of $40,000+ HST, in a where is, as is condition via:
direct sale; and/or
auction services. Respectively Submitted by: Reviewed by:
_________________________________ _____________________________ Steve Adams Thomas Thayer, CMO
Manager of Public Works/ CAO/Clerk Drainage Superintendent
REPORT
Physical Services
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: June 16, 2022
REPORT: PS-13/22 SUBJECT: BULK ITEM CURBSIDE PICK-UP FINANCIAL IMPACTS BACKGROUND On April 7, 2022 at a regular Council meeting the Council of the Corporation of the Municipality of
Bayham directed Municipal staff to continue to collect data in preparation to report to Council on Norfolk County’s large item household waste pilot program and passed the following resolution:
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.
On May 19, 2022 at a regular Council meeting the Council of the Corporation of the Municipality of Bayham directed Municipal staff to report back on the financials of Option 3 presented with in the Report.
A. Report PS-11/22 by Steve Adams, Manager of Public Works/Drainage Superintendent re Bulk Item Curbside Pick -Up
Moved by: Councillor C. Donnell Seconded by: Deputy Mayor Weisler THAT Report PS-11/22 re Bulk Item Curbside Pickup be received for information; AND THAT staff report back on the financials of Option 3, being a Monthly Bulk Item
Curbside Pick-up - 3 month trial Option 3 – Monthly Curbside Household Bulk Item Pickup Operating a monthly pickup similar to Norfolk County’s program would be most efficient and ensuring year-round service for bulk items to the households may prevent storing of large items for long periods of time. The foreseen costs to running a program that operates for nine months would be at a little or no additional cost than one annual or semi-annual pickup. Currently, the Municipality’s cost-per-tonne of household refuse is just under $75.00 per tonne for weekly curbside pickup and this would be the same for a bulk item program. Considering all three programs, Norfolk Disposal would, on top of the tonnage charge, apply a charge of $150.00 per hour to operate the trucks. After reviewing the reports from Norfolk and Haldimand County, Norfolk Disposal would estimate one to two days to pick up the refuse with the
estimated service request the Municipality could receive monthly. However, the Municipal contractor has indicated they would not be able to collect the curbside bulk item pickup if the program only operated once or possibly twice a year as a free service to the residents. Using historical data, the
contractor believes this could take two or three weeks to cover the Municipality. Norfolk Disposal operates on a lean well-scheduled business model and this amount of allotted time cannot be undertaken, as this impact staffing levels, hours and extra trucks that are currently utilized as “spare
trucks” for the weekly pickup. DISCUSSION Municipal staff have worked with Norfolk Disposal in preparing a schedule and financial background to report to Council. Staff have had to use high level numbers from Norfolk County stats, as tonnage of bulk items are unknown at this time. Municipal staff and Norfolk Disposal staff would be prepared to advance this program for the first pickup to be in August and carried out throughout the fall if Council chooses to proceed. Given the 2022 municipal election on October 24, two regularly scheduled Council meetings have been cancelled. As a result of this, staff proposes to present financials and the usability status of the program at the first meeting in October allowing Council to
provide feedback on the program thus far. Report PS-11/22, presented on May 19, 2022 at a regular Council meeting, had information on acceptable items and non-acceptable item that can be placed at the curb for pick-up. The program would be set up to that residents that wish to register to be added to the pickup schedule would have to contact the Municipality one week prior to the scheduled pickup. All items would be placed by the
road by 7am on Monday morning of the week scheduled.
ACCEPTABLE HOUSEHOLD ITEMS
Fixtures Bathtubs
Toilets
Sinks
Furniture Sofas
Couches
Desks
Chairs
Tables
Patio furniture
Bedsprings
Mattresses
Bed frames
Appliances Refrigerators
Air
Conditioners
Dehumidifiers
Freezers
Dishwashers
Washing Machines
Dryers
All Freon type appliances require an Ozone Depletion Prevention Tag attached in order to be collected.
Carpet Rugs
Pool Covers
Carpet
All Carpet, Rugs, Pool Covers need to be tied to a maximum of 4ft. by 2 ft.
Odd Items BBQ
Hot water Heaters
Bicycles
Propane tanks need to be
removed before pickup
NOT ACCEPTABLE HOUSEHOLD ITEMS
No Business, Commercial, Agricultural and Construction Material.
Small Items Loose refuse and rubbish waste
Construction Material Wood, lumber products, Fencing, Decking, Drywall
Masonry Products
Refuse from building repairs
Glass, Windows, Doors
Stone, Concrete, Asphalt,
Organic Material Trees, Stumps, Leaves, Branches, Animal Carcasses, Feces Agricultural Waste Fencing, crates, Skids, Plastic Material, Spray Containers Farm Equipment and Parts
Automotive equipment and Parts
Liquid Waste Oils, Gas, Propane tanks, Fertilizers pesticides or any Hazardous Waste Drums, Fire Barrels
Electronics
Tires
Recyclables Glass Jars,
Paper
Cardboard Below are the dates which would work with Municipal Waste Pickup along with Norfolk Disposal Schedule. The schedule had to coincide with Norfolk’s County bulky item pickup and Municipality of Bayham yard waste pick up schedule. 2022 Fall Pickup Dates August 29th – September 2nd September 26th – 30th
October 17th – 21st
November 28th – December 2nd
December 19th – 23rd
Financial impacts of the program are not only the cost of the refuse and time to pick up at the curb but by-law enforcement and office administration time also needs to be factored in. By-law would need to be utilized if refuse was put out without registration or not accepted at the road in accordance to the accepted list provided, or it remains roadside for a period of time longer than the scheduled pickup. Staff believe after a few months of testing the program, the program can be streamlined including administration time, the below chart is a possible example of the administration
time if Council chooses to charge a user fee per pickup. This is based on staff time per transaction for payments from the residents as well as adding them to the pickup list. If the program is funded through the Environmental Reserve with no offsetting user fee, staff time would be considerably less as no transaction would be needed. Registering for the program could be done on the phone and possibly online.
The 2021 census that was conducted indicated 2435 households within the Municipality. The following statistics are based on 2435 households. Staff took into consideration the average tonnage the Norfolk received per household when conducting all financial data. Unfortunately, we cannot account for the number of households that can potentially use the program; however, the following charts indicate some options:
Administrative Time per Transaction
Percentage of Potential Households
Number of Households Average Administrative Time based on 5min per Transaction
Total Administrative Time Per Month
5% 122 610 Min. 10 Hrs. 10% 243 1,215 Min. 20 Hrs.
25% 608 3,040 Min. 51 Hrs. 50% 1217 6,085 Min. 101 Hrs. 75% 1826 9,130 Min. 152 Hrs. 100% 2435 12,175 Min. 203 Hrs.
The following chart indicates the potential cost that could be associated with the bulk item pick up and the financial impacts. As indicated in Report PS-11/22, Norfolk County is using a fee of $25.50 per 2 cubic meters of bulk items or approximately size of a pickup truck box. Staff would propose
using the same option of 2 cubic meters as this would regulate the amount of refuse put to the curb.
The following chart indicates the approximate amount of time and cost to collect the refuse along with the average tonnage that could potentially be charged. At no additional cost to the resident, this
could be the possible financial impacts. This could be considered Option 1 if Council wishes to direct staff. TABLE A - DATA COLLECTED BASED ON NO CHARGE TO RESIDENTS Percentage of Households
Number of Households Average Tonnage of Waste
Cost of Refuse@ $75/Tonne
Cost for Pickup Curbside @ $150/Hour
Total Cost
5% 122 15 $ 1,125 $ 3,000 $ 4,125 10% 243 31 $ 2,325 $ 6,000 $ 8,325 25% 608 79 $ 5,925 $ 13,500 $ 19,425 50% 1217 158 $ 11,850 $ 27,000 $ 38,850 75% 1826 237 $ 17,775 $ 40,500 $ 58,275 100% 2435 316 $ 23,700 $ 54,000 $ 77,700 Below, staff has identified Option 2 as offsetting financial options if Council were to consider imposing a charge per pickup. If a charge was applied per pickup municipal staff and Norfolk Disposal staff can also utilize a multiple pickup per stop, in which the resident would pay a user fee
for the program. The following chart indicates the offsetting cost towards the program. The light blue line indicates that at no charge added the potential can be close to $78,000, well the darker blue line with a offset cost of $30 per pickup indicates a near break-even program at a cost near $5,000 for
100% of households. TABLE B – DATA COLLECTED BASED ON IMPLEMENTING A FEE of $5, $10, $20, $25,$30
Staff believe that with a user fee installed, the amount of residents that use the program would be under 10% for the first few months. However, with no fee installed, staff could see near 30% of the households utilizing the program in the first few months. As the program moves into the spring of 2023, if Council directs staff accordingly, the amount of users using the program could increase; however, it could also be more difficult to employ a user fee at that time. Utilizing the Voyent Alert app, Municipal website, newsletters and other advertising platforms, this program has the potential to grow in users. Norfolk County has seen monthly increases since the program has started and predicts that it will double its user participation at the end of the first year.
0.00
10,000.00
20,000.00
30,000.00
40,000.00
50,000.00
60,000.00
70,000.00
80,000.00
90,000.00
5%10%25%50%75%100%Offset CostPercentage of Households
Bulk Item Offset Costing
$ 0 Offset $10 Offset $20 Offset $25 Offset $30 Offset
RECOMMENDATION 1. THAT Report PS-13/22 re Bulk Item Curbside Pickup Financial Impacts be received for information; 2. AND THAT Council provide staff direction to utilize Option 1 or Option 2 to proceed with integrating a bulk item pick up program;
3. AND THAT staff be directed to report back to Council at the October 6, 2022 Council
meeting on the program’s progress.
Respectfully Submitted by:
Steve Adams Thomas Thayer, CMO Manager of Public Works/ CAO|Clerk Drainage Superintendent
A-06/22
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: ROB AND PENNY CLARKE
LOCATED AT: 56068 HERITAGE LINE, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-06/22).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday, June 16th, 2022 at 6:45 pm to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING
ACT.
THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.11 Regulations for Accessory Buildings in the Village Residential 1 (R1) zone, to permit accessory building maximum floor area of 76.2 m2 (820 ft2) whereas 65 m2 (700 ft2) is the permitted maximum; and to permit accessory building maximum height of 4.6 m (15.1 ft.) whereas 4.5 m (14.7 ft.) is the permitted maximum, for lands located at 56068 Heritage Line, north side, west of Sandytown Road, in the village of Straffordville.
THE EFFECT of this variance will be to permit, in addition to the existing accessory building with
floor area of 13.4 m2 (144.5 ft2), an accessory building with floor area of 62.8 m2 (676 ft2) in the form of a two car garage with second storey storage area, intended to be used for personal and vehicle storage accessory to an existing single detached dwelling use.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office.
DATED at the Municipality of Bayham this 2nd day of June 2022.
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
Village of Straffordville
ZBA-11/22
PLANNING ACT
NOTICE OF THE PASSING OF
ZONING BY-LAW Z741-2022 BY
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: WALL, TONY & NETTIE
54732 NOVA SCOTIA LINE
ZBA-11/22
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham gave First and
Second Reading on the 19th day of May 2022 and a Third and Final Reading on the 2nd day of June 2022 to By-Law No. Z741-2022 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
22nd day of June, 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 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/T2-9) Zone to permit a “garden suite”, in the form of a 1-storey transportable pre-fabricated dwelling unit, for a period not to exceed ten (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 with floor area of 84 m2 (900 ft2) exclusively for accommodation of family members for a period of time not
exceeding 10 years. The property is subject to a Development Agreement.
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 by contacting the municipal office.
DATED AT THE MUNICIPALITY OF
BAYHAM THIS 2nd DAY OF JUNE
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
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
ZBA-07/22 Miller
PLANNING ACT
NOTICE OF THE PASSING OF
ZONING BY-LAW Z743-2022 BY
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: DAVE AND MARIANNE MILLER, ZBA-07/22
LOCATED AT: 55139 LIGHT LINE
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No.
Z743-2022 on the 2nd day of June 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 23rd day of June 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 an amendment to change the zoning regulations on a 1.9 ha (4.7 acre)
parcel of land in the Village Residential (R1) Zone to a site-specific Village Residential (R1-18) Zone, to
permit maximum accessory building floor area of 139.5 m2 (1,501 ft2) whereas 65 m2 (700 ft2) is the
permitted maximum, in Zoning By-law Z456-2003. The subject lands are located on the south side of
Light Line, west of Bogus Road, known as 55139 Light Line.
THE EFFECT of this By-law will be to permit an oversized accessory building accessory to the residential
dwelling for personal storage.
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 3rd DAY OF JUNE 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-16/22
PLANNING ACT
NOTICE OF THE PASSING OF
ZONING BY-LAW Z744-2022 BY
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: KLASSEN, F & A, 10 OAK ST, VIENNA
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z744-2022 on the 2nd day of June 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
23RD day of June 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 926 m2 (0.2
acre) parcel of land in the Village Residential 1 (R1) Zone to a site-specific Village Residential
(R1-19) Zone, to permit minimum rear yard setback of 6.9 m (22.6 ft.) whereas 7.0 (23 ft.) is the
required minimum, in Zoning By-law Z456-2003. The subject lands are located on the east side
of Oak Street, south of Fulton Street, known as 10 Oak Street.
THE EFFECT of this By-law will be to fulfill Conditions of Consent (Elgin County Land Division file
E49-21) to rezone the retained lands to recognize existing reduced rear yard setback.
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 2nd DAY OF JUNE 2022.
Village of Vienna
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
ZBA-14/22
PLANNING ACT
NOTICE OF THE PASSING OF
ZONING BY-LAW Z745-2022 BY
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: RUDOLPH AND NANCY THIESSEN
53580 VIENNA LINE
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z745-2022 on the 2nd day of June, 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
22nd day of June, 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 to change the zoning from Agriculture (A1) to site-specific
Agriculture (A1-42) to permit maximum supplementary farm dwelling floor area of 250 m2 (2,691
ft2) in the form of one (1) mobile home in addition to the permitted permanent building for
accommodation of seasonal farm labourers, in Zoning By-law Z456-2003. The subject lands are
located at 53580 Vienna Line, north side, east of Richmond Road.
THE EFFECT of this By-law will be to permit one new temporary mobile home building and semi-
permanent addition with floor area of 83 m2 (888 ft2) to accommodate maximum six (6) seasonal
farm labourers, in addition to the existing permanent supplementary farm dwelling with maximum
floor area of 167 m2 (1,797 ft2) housing maximum sixteen (16) seasonal labourers approved
previously by way of Minor Variance (application A-01/18).
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 by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 2nd DAY OF JUNE 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
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
MPAC is legislatively responsible for collecting occupant information (name, date of birth, citizenship and school support) for municipal, District Social Services Administration Boards and school board elections, and
keeping up-to-date population figures for every municipality in Ontario.
One of the ways we collect this information is through voterlookup.ca. By
logging into voterlookup.ca, Ontarian's can add their name or the names of
others in their household to our database, confirm or update their electoral information and change their school support. We use this information to create a Preliminary List of Electors, used by municipalities to produce the final Voters’ List for municipal elections, as well as population reporting for various municipal and school board
planning purposes.
To add or confirm your information for future elections, and help improve
the accuracy of population reports, please visit voterlookup.ca.
COVID-19 Update Long-Term
Care Homes and Elgin County
Administration
County of Elgin Approves
Disconnecting from Work Policy
Council Approves Request for
Proposal for Agenda Management
Software
Pay Equity Review
Council Approves Official Plan
Amendment for Township of
Malahide
Council Approves Parking By-Law
Amendment for Port Stanley
May 24, 2022
Elgin County Council Highlights
May 24, 2022 www.elgincounty.ca
In this Issue
COVID-19 Update Long-Term Care
Homes and Elgin County
Administration
1
After careful review of pandemic trends,
scientific/medical evidence, updated
ministry and public health guidance,
resident and family council feedback,
labour relations outcomes, and policy and
procedure recommendations Council
made the decision to continue the
following COVID-19 health and safety
measures for a period of ninety (90) days.
The following details health and safety
measures, as related to COVID-19 in place
at Elgin County Long-Term Care Homes
and Elgin County Administration.
Continue two (2) dose COVID-19 vaccination requirements for all staff, students,
support workers, volunteers and visitors (essential caregivers and general visitors) to
enter the Home;
Continue encouraging COVID-19 vaccination booster doses for all residents, staff,
students, support workers, volunteers and visitors;
No vaccination requirement for visitors for outdoor visits or absences from the Home
Screening, Testing and Personal Protective Equipment (PPE);
Continue daily rapid antigen testing (RAT) prior to all entry to the Home for all staff,
students, support workers, volunteers and visitors; and, for visitors prior to outdoor
visits and absences from the Home;
Continue active screening to be completed prior to entry to the Home and prior to
outdoor visits/absences from the Home;
Masks and other PPE requirements as per public health/ministry recommendations
visiting;
Absences and Outings – policy updated to align with the Fixing Long-Term Care Act,
2021 legislation (Minor wording and reference updates);
Updates to outdoor masking requirements when physical distancing can be
achieved.
Continue two (2) dose COVID-19 vaccination requirements for all Councillors, staff,
volunteers, Committee Members, and contractors as per the Vaccination Verification
Policy;
Continue active (online) screening tool for staff in alignment with Southwestern
Public Health recommendations. This will continue to provide self-direction regarding
self-isolation requirements and will ensure employees stay home when they are ill or
experiencing symptoms of COVID-19.
Elgin County Long-Term Care Homes
Elgin County Administration
More details are provided in the reports titled “Updated COVID-19 Measures” and “Homes
– Infection Control Policy 2.10 – Immunization – Staff COVID-19 and “Administration
Policy 1.35 Visitors and Resident Absences During a Pandemic” as contained within the
May 24, 2022 County Council Agenda Package.
May 24, 20222
Council Approves Request for Proposal for Agenda
Management Software
Council awarded the contract for the provision of agenda management services to
eSCRIBE Software Ltd. in the amount of $25,900 (annual cost) for a term of three (3)
years. Agenda Management Software will streamline the agenda and minutes
creation process for Elgin County Council and Committees of Council and will provide
public access to these documents and time-stamped meeting videos through a
public access portal.
On December 2, 2021, the provincial government passed Bill 27 the “Working for
Workers Act, 2021”. This Bill requires all employers with over 25 employees to
implement a Disconnecting from Work policy.
May 24, 2022
County of Elgin Approves Disconnecting from Work Policy
3
At its meeting on May 24, 2022,
County Council approved Policy 2.170
– Disconnecting from Work. The
purpose of this policy is to encourage
and support its employees in
balancing their professional and
personal lives, whether working
traditional hours in the workplace or
remotely/flexibly. Additionally, the
policy encourages employees to
disconnect from work outside of their
normal working hours in accordance
with applicable legislation.
The full policy is included in the May
24, 2022 County Council Agenda
Package.
Council approved the
proposed 2022 adjusted
Non-Union Staff salary
grid for implementation
retroactive to January 1,
2022. Additionally, in
regards to County of
Elgin elected official’s
remuneration, Council
voted to maintain the
existing levels of base,
subject to annual cost of
living adjustments, as
per current practice.
By resolution August 10, 2021, Council directed Human Resources staff to retain an
external consultant to undertake a compensation and pay equity review of non-union
staff, Council, and Boards. This process met the 2007 County Council direction to
Human Resources staff to conduct a compensation review once in every term of
Council to remain competitive and avoid potential spikes/gaps in compensation
practices. The last non-union staff, Council, and Boards compensation review was
completed in 2015-2016.
Gallagher Benefit Services (Canada) Group Inc. was awarded the Request for Proposal
(RFP 2021-P36) on November 23, 2021. Analysis of the County’s pay equity plan was
done through this process to ensure compliance with the legislation.
Compensation and pay equity reviews are beneficial for recruiting and retaining top-
talent, and support the County in becoming an Employer of Choice. Ensuring
employee compensation and council/board remuneration reflects market
competitiveness and flexibility will assist for future growth and organizational changes.
May 24, 2022
Pay Equity Review
4
The “Non-Union Market Review Final Report” and the “County of Elgin Elected Officials
Market Review Final Report” are contained within the May 24, 2022 County Council
Agenda Package.
Bridge Street (CR 4), from the west property limits of Carlow Road to the east limits
of Colborne Street, being a distance of 290 metres;
Colborne Street (CR 4), from the south limit of Bridge Street to the north limit of
Warren Street, being a distance of 1,140 metres;
Joseph Street (CR 23), from the east limits of Colborne Street to the east limits of
East Road, being a distance of 280 metres.
In response to a resolution from the Municipality of Central Elgin, County Council
approved new restricted parking zones in select downtown Port Stanley locations.
By-Law 20-05, “being a consolidated By-Law for the regulation of traffic including
parking on County roads” was amended to establish two (2) hour limited parking
where parking is permitted within the following road sections:
For the complete May 24, 2022 County Council Agenda Package
please visit the Elgin County website.
In its role as Approval Authority, County Council granted approval to the Township of
Malahide Official Plan Amendment No. 20.
On December 16, 2021, the Council of the Township of Malahide adopted Official Plan
Amendment No. 20 constituting the Township’s statutory five-year review and update
to their Official Plan. The amendment was developed in accordance with the Planning
Act, the Provincial Policy Statement, and the County of Elgin Official Plan and contains
goals, objectives and policies established primarily to manage and direct physical
change and the effects on the social, economic, built and natural environment of the
Township including policies and measures to ensure the adequate provision of
affordable housing, the protection of agricultural resources, and a description of the
measures and procedures for informing and obtaining the views of the public in
respect of various Planning Act processes.
May 24, 2022
Council Approves Official Plan Amendment for Township of Malahide
5
Council Approves Parking By-Law Amendment for Port Stanley
Office of the District Chair
THE DISTRICT MUNICIPALITY OF MUSKOKA 70 Pine Street, Bracebridge, Ontario P1L 1N3
Phone: 705-645-2231 Toll-Free: 1-800-461-4210 (within 705) Fax: 705-645-5319
Email: info@muskoka.on.ca Website: www.muskoka.on.ca
SENT VIA EMAIL (premier@ontario.ca)
June 1, 2022
The Honourable Doug Ford Premier of Ontario
Legislative Building
Queen’s Park Toronto, ON M7A 1A1
Dear Premier Ford,
RE: Annual Emergency Exercise Exemption
On behalf of The District Municipality of Muskoka, I am writing to express key concerns regarding the requirement for Ontario municipalities to conduct an annual practice exercise for a simulated emergency incident as prescribed by Regulation 380/04. The
simulations aim to validate response plans and procedures, train staff and identify areas
of improvement to ensure emergency response is delivered at optimal levels. Exemptions are not currently permitted under this legislation. While the District of Muskoka acknowledges and supports the need for emergency exercises, Muskoka District Council strongly encourages the amendment of Regulation 380/04 to permit exemptions for
municipalities who have responded to an actual emergency during the respective
calendar year. A copy of the District’s Health Services Committee resolution, as adopted by Muskoka District Council, is attached as Appendix I. In 2021, The District’s Emergency Control Group (ECG) convened twenty-four (24) times
amounting to approximately 435 hours spent on emergency related activities. One of
these incidents involved a watermain break in the Town of Bracebridge. Murray Advisory Services performed a critical analysis of the event and confirmed that the goals of an emergency exercise were achieved. The firm’s final report included twelve (12) recommendations that helped improve the outcomes of a second water disruption event
in the Town of Gravenhurst a few weeks later.
Despite the volume of actual emergencies managed by the ECG, the District of Muskoka must still conduct an annual exercise to remain compliant with the Regulation. This is not an efficient use of municipal resources and does not serve as a useful training mechanism
for staff who have been over-extended by the emergency situations they have managed
over the past year.
The Solicitor General granted a one-time exemption to municipalities in 2020 recognizing that municipalities were actively engaged in and managing various COVID-19 related initiatives. If pandemic management warrants an exemption to the annual simulation,
surely there must be grounds to grant an exemption for the management of other
emergency situations. On behalf of Muskoka District Council, your consideration of this matter is appreciated.
Respectfully,
John W. Klinck District Chair
THE DISTRICT MUNICIPALITY OF MUSKOKA
Cc: Honourable Steve Clark, Minister of Municipal Affairs and Housing Honourable Sylvia Jones, Solicitor General Norm Miller, MPP Parry Sound-Muskoka All Municipalities in Ontario
Appendix I
Appendix I
May 31, 2022
Delivered by email
justin.trudeau@parl.gc.ca
karina.gould@parl.gc.ca
The Right Honourable Justin Trudeau, P.C., M.P.
Prime Minister of Canada
80 Wellington Street
Ottawa, ON K1A 0A2
The Honourable Karina Gould, P.C., M.P.
Minister of Families, Children and Social Development
House of Commons
Ottawa, ON K1A 0A6
Dear Prime Minister Trudeau and Minister Gould:
Re: Town of Aurora Council Resolution of May 24, 2022
Motion 10.1 - Councillor Humfryes; Re: Private Member's Bill C-233 "Keira's Law"
Please be advised that this matter was considered by Council at its meeting held on
May 24, 2022, and in this regard, Council adopted the following resolution:
Whereas violence against women is a Canadian public health crisis that demands
urgent action; and
Whereas one in four women experience domestic violence in their lifetime. One
woman or girl is killed every other day, on average, somewhere in our country;
and
Whereas the most dangerous time for a victim of abuse is when she separates
from her partner. According to research from the U.S. Centre for Disease Control
and Prevention, when there is a history of coercive control, violence and a recent
separation, a woman’s risk of domestic homicide goes up 900 times; and
Whereas the current Canadian court system is not equipped to protect women.
According to the National Judicial Institute, there is no mandatory education for
Judges on domestic violence. Judges need education on what constitutes
domestic violence or coercive control. A formal education program would ensure
Legislative Services Michael de Rond 905-726-4771 clerks@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1
Town of Aurora Council Resolution of May 24, 2022
Private Member's Bill C-233 "Keira's Law"
May 31, 2022 2 of 3
another line of defense for victims, as well as preventing violence and abuse
before it happens; and
Whereas the COVID-19 pandemic has only exacerbated the domestic violence
crisis. Women’s shelters and crisis centres have reported a marked increase in
requests for services this year. The concerns for children are significant.
According to recent research from The Children’s Hospital of Eastern Ontario,
doctors have seen more than double the number of babies with serious injuries
as this time last year. These include head injuries, broken bones or in some
cases death. Institutions across the country are reporting a similar trend; and
Whereas, according to Article 19 of the UN Convention on the Rights of the Child,
children must be protected from “all forms of physical or mental violence, injury
or abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual abuse, while in the care of parent(s), legal guardian(s) or any other person
who has care of the child.” Our current family justice system often fails our
children in this regard; and
Whereas, in worst case scenarios, children are killed by a violent parent. As
reported by the Canadian Domestic Homicide Prevention Initiative, recent
separation and domestic violence are the two biggest risk factors for domestic
violence related child homicides; and
Whereas custody disputes are an additional risk factor. Each year in Canada,
about 30 children are killed by a parent. Mothers are responsible about 40 per
cent of the time, often due to postpartum depression or mental illness. In the 60
per cent of cases where fathers are the murderers, anger, jealousy or post-
separation retaliatory revenge are the usual motivations; and
Whereas Keira’s Law is named after four-year-old Keira Kagan, who was killed
while in the custody of her father, in 2020; and
Whereas many cases of domestic violence are inappropriately labelled as “high
conflict” in the family court system. According to research by Rachel Birnbaum, a
Social Work Professor at the University of Western Ontario who specializes in
child custody, approximately one third of cases called “high conflict” by the court
had substantiated evidence of valid concerns about domestic violence. These
cases must be recognized and treated differently by judges; and
Whereas voting in favour of “Keira’s Law”, contained in Private Member’s Bill C-
233, will not only protect victims of violence and children, it will save lives by
Town of Aurora Council Resolution of May 24, 2022
Private Member's Bill C-233 "Keira's Law"
May 31, 2022 3 of 3
amending the Judges Act to establish seminars for judges on intimate partner
violence and coercive control;
1. Now Therefore Be It Hereby Resolved That Aurora Town Council calls upon
the House of Commons to support Member of Parliament Anju Dhillon's
Private Member’s Bill C-233, that will raise the level of education on
domestic violence and coercive control for federally appointed Judges; and
2. Be It Further Resolved That a copy of this resolution be sent to: The Right
Honourable Justin Trudeau, Prime Minister of Canada; The Honourable
Karina Gould, MP, Minister of Families, Children and Social Development;
The Honourable Candice Bergen, Interim Leader of the Conservative Party of
Canada; Yves-Francois Blanchet, MP, Leader of the Bloc Quebecois;
Jagmeet Singh, MP, Leader of the New Democratic Party; MP Tony Van
Bynen; and MP Leah Taylor Roy; and
3. Be It Further Resolved That a copy of this resolution be circulated to all
Ontario municipalities and the Federation of Canadian Municipalities (FCM).
The above is for your consideration and any attention deemed necessary.
Yours sincerely,
Michael de Rond
Town Clerk
The Corporation of the Town of Aurora
MdR/lb
Copy: Hon. Candice Bergen, M.P., Interim Leader of the Conservative Party of Canada
Yves-François Blanchet, M.P., Leader of the Bloc Québécois
Jagmeet Singh, M.P., Leader of the New Democratic Party of Canada
Tony Van Bynen, M.P. Newmarket—Aurora
Leah Taylor Roy, M.P. Aurora—Oak Ridges—Richmond Hill
Federation of Canadian Municipalities (FCM)
All Ontario municipalities
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: June 16, 2022
REPORT: CAO-27/22 SUBJECT: ONTARIO’S BUILD IT RIGHT THE FIRST TIME – FOLLOW-UP TO COUNCIL
CORRESPONDENCE RECEIVED MAY 5, 2022
BACKGROUND:
At its May 5, 2022 meeting, Bayham Council received correspondence from the Municipality of Mississippi Mills and the City of Waterloo regarding Ontario’s Build it Right the First Time and passed the following resolution: Moved by: Councillor Donnell
Seconded by: Councillor Chilcott THAT correspondence items 12.1.1-A – H be received for information;
AND THAT Council requests more information regarding Item 12.1.1-F.
Item 12.1.1-F referred to the Municipality of Mississippi Mills’ correspondence on Ontario’s Build it Right the First Time program. DISCUSSION The Canadian Commission on Building and Fire Codes (CCBFC) develops national model building, fire, and energy codes on 5-year bases. The current draft National Model Building Code proposes energy performance tiers for new buildings, which would assist in addressing greenhouse gas emission targets federally. Ontario has legislative authority over building design and construction within its jurisdiction, and
adopts or adapts the National Model Building Code into regulation in order for them to come into effect.
Provinces and territories were provided with advance copies of the latest code changes in December 2021, so that they could prepare regulations based on the updates.
Current provincial and territorial building, fire, plumbing and energy regulations will remain in effect until these latest editions of the National Model Codes are adopted, with or without modifications, by the provincial or territorial authority having jurisdiction.
The Ministry of Municipal Affairs and Housing (MMAH) is currently consulting on the changes for the next iteration of the Ontario Building Code (OBC) that should generally align with the
National Model Building Code. However, the current OBC consultations do not reference energy performance tiers or timelines for increasing energy performance standards. This appears to be a departure from not only the National Model Building Code but the adopted Provincial greenhouse gas reduction target of 30 percent by 2030 as emissions from buildings represented 22 percent of the Province’s 2017 emissions.
This is the impetus for the recently received resolutions from other Ontario municipalities to request the Province incorporate energy performance tiers, standards, and timelines in the new OBC. Resolutions have also requested that authority be given to municipalities to establish their own standards and tiers over and above the OBC to ensure that local municipalities can do their part to curb greenhouse gas emissions. RECOMMENDATION 1. THAT Report CAO-27/22 re Ontario’s Build It Right The First Time – Follow-up to Council Correspondence Received May 5, 2022 be received for information.
Respectfully Submitted by:
Thomas Thayer, CMO CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: June 16, 2022
REPORT: CAO-28/22 SUBJECT: INTEGRITY COMMISSIONER/CLOSED MEETING
INVESTIGATOR/OMBUDSMAN SERVICES
BACKGROUND:
Bill 68, Modernizing Ontario’s Conflict of Interest Act was introduced on November 16, 2016 and advanced through the legislative process requiring municipalities implement requirements for codes of conduct, conflict of interest and integrity commissioner services by March 2019. In October 2017, a Request for Proposal (RFP) was jointly issued by Elgin County and
Middlesex County seeking an Integrity Commissioner, Closed Meeting Investigator and Ombudsman. The firm of Independent Resolutions Inc., represented by Mark McDonald, was awarded the contract to provide Integrity Commissioner, Closed Meeting Investigator, and
Ombudsman Services for a term ending on December 31, 2020. Elgin County’s Local Municipal Partners (LMPs) were invited to participate in this Agreement.
The Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton-Dunwich, Township of Malahide, Township of Southwold, and the Municipality of West Elgin, through Council resolution, chose to also utilize Independent Resolutions Inc. for these services. The Town of Aylmer has its own contract for these services and does not currently utilize Independent Resolutions Inc. On December 21, 2017, Bayham Council adopted By-law No. 2017-124 to appoint Independent Resolutions Inc. as Integrity Commissioner and Closed Meeting Investigator for the Municipality of Bayham, effective January 1, 2018, for a three-year term. Further, on October 1, 2020, Bayham Council adopted By-law No. 2020-077 to appoint Independent Resolutions Inc. as Integrity Commissioner and Closed Meeting Investigator for an additional two-year term,
effective January 1, 2021. Mark McDonald, representing Independent Resolutions Inc., recently provided notice, in
conformance with the requirements of the Agreement, that Independent Resolutions Inc. would no longer provide Integrity Commissioner and Closed Meeting Investigator services to the County of Elgin, Middlesex County, or Elgin’s Local Municipal Partners after September 30,
2022. His correspondence is attached hereto for information. The Municipal Act, 2001 requires that the Municipality of Bayham have an Integrity
Commissioner. As a result, an RFP needs to be issued to secure a new service provider in a timely manner.
DISCUSSION Below is an overview of the roles of the a) Integrity Commissioner, b) Closed Meeting Investigator, and 3) Municipal Ombudsman.
Integrity Commissioner
The Integrity Commissioner is an independent accountability officer given authority under the
Municipal Act, 2001, including Ontario Regulation 55/18 Codes of Conduct and the Municipal Conflict of Interest Act, 1990. Municipalities are required to at all times have an Integrity Commissioner. The Integrity Commissioner is responsible for administering relevant portions of Council’s Code of Conduct. This includes conducting investigations in an independent manner, in accordance with the accountability and transparency provisions of the Municipal Act, 2001 and the Council Code of Conduct Policy, for both Council and Boards.
The Integrity Commissioner has a statutory right to delegate tasks to qualified person(s) which may include the provision of legal advice, particularly where the Integrity Commissioner is not licensed to practice law. It is important to note that Elgin County’s Legal Services team cannot
be used for any reviews requiring legal assistance. Closed Meeting Investigator The Closed Meeting Investigator is responsible for investigating complaints relative to Section 239.2 of the Municipal Act, 2001, in an independent manner, as to whether the municipality has
complied with the open meeting requirements of the Municipal Act, 2001 or a Municipal Procedural By-Law in respect of a meeting or part of a meeting that was closed to the public. The Closed Meeting Investigator’s duties include reporting on the investigation. Municipal Ombudsman The Municipal Ombudsman is responsible for investigating and reporting to Council in an independent manner on any decision or recommendation made or act done or omitted in the course of the administration of the municipality and its local boards in accordance with section 223.13(1-2) of the Act. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own.
Process
In discussion other local Chief Administrative Officers (CAOs), including Elgin County, there is interest in developing a joint RFP for Elgin County and interested Local Municipal Partners. The County will take the lead in developing and issuing the RFP in consultation with participating
LMPs. In addition to creating a workflow efficiency on behalf of local municipalities who are interested in this approach, a jointly issued RFP for multiple, participating municipalities is likely to provide a greater response to the RFP. Jointly retained services will also support our efforts
to maintain consistent service standards with the County and other LMPs. For reference, Bayham appointed Independent Resolutions Inc. as its Integrity Commissioner and Closed Meeting Investigator in accordance with By-law Nos. 2017-124 and 2020-077. Municipal Ombudsman’s responsibilities were retained by the Office of the Ontario Ombudsman. Request for Proposal (RFP)
For a procurement process, a proposed joint RFP is being considered, with Elgin County taking the lead. Elgin County will seek proposals from Proponents who are interested in serving the
County of Elgin and interested LMPs in three distinct functions, as its Integrity Commissioner,
Closed Meeting Investigator and Municipal Ombudsman. Additionally, the intent of the proposed RFP is to allow the following municipalities, each with their own Code of Conduct, to cross-appoint the same Successful Proponent(s) as its Integrity Commissioner and/or Closed Meeting Investigator and/or Municipal Ombudsman, on the terms
acceptable to each respective Council and the Successful Proponent. Such appointment will require the Successful Proponent to enter into a separate Agreement with one or more of the following municipalities, provided that their respective Councils affirm their participation by resolution:
Municipality of Bayham
Municipality of Central Elgin
Municipality of Dutton-Dunwich
Township of Malahide
Township of Southwold
Municipality of West Elgin
Note: prior to releasing the RFP, the County plans to invite the Town of Aylmer and the
City of St. Thomas to participate. Any proposals made in response to the joint RFP will be shared under a cooperative purchasing model through Elgin County. The RFP will request pricing that includes fees associated with a retainer for services, hourly rate and all other expenses (i.e. disbursements, printing, mileage, etc.) with regard to Integrity Commissioner services. Additionally, the RFP will require optional pricing associated with the Closed Meeting Investigator and Ombudsman services, including fees associated with a retainer, hourly rate and all other expenses (i.e. disbursements, printing, mileage, etc.). The Successful Proponent to the RFP would be required, in addition to the Agreement with the
County of Elgin, to execute separate Agreements directly with each interested LMP, including Bayham should Council wish to engage the Successful Proponent’s services.
If so, Bayham would be responsible under a separate agreement for the payment of the hourly rate associated with the service(s). A sample agreement will be drafted and included within the RFP package. It is anticipated that Bayham’s Agreement will be substantially the same terms
and conditions as Elgin County’s. Proposed Term
The recommended appointment would be for a two (2) year term with the option to renew for one renewal term of two (2) additional years. Independent Resolutions Inc. charged a retainer fee of $3,000.00 per municipality which was covered by the County of Elgin, and a $150.00 per hour fee to covered by each municipality on an as needed basis. Subject to Council’s consent to proceed with an RFP, revised pricing will be presented to Council and interested LMPs once the results of the RFP have been received. It should be noted that retainer fees and hourly fees are likely to increase from the current rates associated with the Agreement with Independent Resolutions Inc.
Elgin County Council is scheduled to consider a Report on this topic at their June 14, 2022 meeting. ATTACHMENTS 1. Correspondence from Mark McDonald (Independent Resolutions Inc.)
RECOMMENDATION 1. THAT Report CAO-28/22 re Integrity Commissioner/Closed Meeting Investigator/Ombudsman Services be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham agrees to
participate with Elgin County regarding the issuance of a joint Request For Proposal (RFP) for Integrity Commissioner/Closed Meeting Investigator/Ombudsman Services.
Respectfully Submitted by:
Thomas Thayer, CMO CAO|Clerk
INDEPENDENT RESOLUTIONS INC
17 HUMMINGBIRD LANE
ST. THOMAS, ONTARIO N5R 6L8
independentresolutions@gmail.com
519-670-4517
_____________________________________________________________________________________
June 1, 2022
County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5V1
Dear Warden and Members of Elgin County Council:
This letter serves as formal written notice that, pursuant to Article 8.1 of such Agreement,
Independent Resolutions Inc. opts to terminate the current Municipal Ombudsman, Closed Meeting
Investigator and Integrity Commissioner Agreement, effective September 30, 2022.
I thank Elgin County and its participating constituent local municipalities for the opportunity to
provide such services over the term of the said Agreement.
I wish the involved municipalities and all elected officials, administration and staff the best for the
future.
Sincerely,
Mark G. McDonald, President
Independent Resolutions Inc.
cc: Municipality of Bayham
Municipality of Central Elgin
Municipality of Dutton-Dunwich
Township of Malahide
Township of Southwold
Municipality of West Elgin
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-043
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN BORM CAPITAL INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part,
that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act.
AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and
works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it
necessary to enter into a Site Plan Agreement with Borm Capital Inc. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Borm Capital Inc. affixed hereto and forming part of this By-law as Schedule “A”. 2. THAT the executed agreement be registered at the owner’s expense against the land to
which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 16th day of June 2022. READ A THIRD TIME AND FINALLY PASSED this 16th day of June 2022. _____________________________ ___________________________ MAYOR CLERK
SCHEDULE ‘A’ TO BY-LAW NO. 2022-043
SITE PLAN CONTROL AGREEMENT
BORM CAPITAL INC.
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Part Lot 1, Concession 4
7288 Richmond Rd, Bayham
This Agreement made in duplicate this 16th day of June 2022. BETWEEN: BORM CAPITAL INC. ____________________________________________ (hereinafter the “Owner”) Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the “Municipality”)
Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Lot 1, Concession 4 therein, and more particularly identified and depicted in Attachment “A” attached hereto (and hereinafter referred to as the “Lands” ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment “B” hereto (and hereinafter referred to as the “Plan”); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By-Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit.
2. The Attachments hereto and as described below, attached and verified by the signatures
of the Parties hereto, are incorporated in and form part of this Agreement: Attachment “A” – Lands Description Attachment “B1” – Project 7046 Site Plan/Grading Plan Rev. No. 6 Attachment “B2” – Project 7046 Site Details/Overall Location and Phasing Plan Attachment “C” – Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment “A” (Lands) hereto identifies the Lands which are subject to this Agreement and, furthermore, Attachment “B” depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits;
(c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles;
(d) Walkways and all other means of pedestrian access;
(e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment “B” hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachments “B1” and “B2” hereto depicts and
details proposed site servicing facilities for development of the Lands, including but not limited to;
(a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality);
(b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations;
(d) Other information as required by the Municipality.
6. The Owner agrees and covenants that the site servicing upon the Lands will be in strict accordance with the Plans depicted on Attachments “B1” and “B2” hereto, subject only
to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like
manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance.
(d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or
standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan/Grading Plan as attached as Attachment “B1” hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands.
(h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment “A” to this Agreement; provided
that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil
and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a
hazard as determined by the Municipality.
(j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto.
(k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (l) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P.
13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work
order and/or injunction to restrain continuation of such breach. (m) Nothing in this Agreement constitutes a waiver of the duty of the Owner to
comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment, Conservation & Parks. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham and the Ontario Building Code.
11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may
occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole
risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole
discretion and opinion of the Municipality.
13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the
Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building
Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect;
(a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement;
(c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to
the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the
Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice
detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after
hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or
structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by
registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any
security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments “A” and/or “B1” and “B2” attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended.
23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all
legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner
shall pay to the Municipality, in cash or by certified cheque, the amount of $0.00 (Zero Dollars and Zero Cents). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of $250.00 (Two Hundred Fifty Dollars and Zero Cents) collected through the Application fee.
26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing
coverage to a minimum amount of $2,000,000.00 per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss
arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before June 2, 2024. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date.
28. As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of $75,000.00 (Seventy-five Thousand Dollars and Zero Cents). The said Letter of Credit
will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site-specific components as identified by the Site
Plan/Grading Plan, attached as Attachments “B1” and “B2”, which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect
to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement.
30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality
may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated.
31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments “A” and “B1” and “B2”
hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment “C” hereto, by which
Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from
any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and
maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to
the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. Registration must be completed prior to the issuance of a building permit. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and
seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this _____ day ____________, 20___. Signed, Sealed, and Delivered ) In the presence of ) _____________________________ ) Etienne Borm, Owner _________________________________ ) Witness ) ) ) I have authority to bind the Corporation ) ) ) )
) )
) CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) _______________________________ ) Ed Ketchabaw, Mayor ) ) ) ) _______________________________ ) Thomas Thayer, Clerk ) We have authority to bind the Corporation
ATTACHMENT “A”
Lands
Property Roll # 3401-000-007-00200
Municipal Address: 7288 Richmond Rd
Legal Description: Concession 4 Part Lot 1 RP11R6372 Parts 1 and 2, RP 11R9081 Part 1 and
RP 11R10566 Part 1
ATTACHMENT “B”
Site Plan/Grading Plan
ATTACHMENT “C” CERTIFICATE OF COMPLIANCE
PROPERTY IDENTIFICATION:
Municipal Address: 7288 Richmond Rd ______________________________________________________________
Owner: Borm Capital Inc. ______________________________________________________________ This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement
between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated ____________________, 20___, and as authorized by By-Law No. 20____ - ____ for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath.
Dated at _________________________, Ontario this ______ day of ___________, 20__.
______________________________ ________________________________
Witness Etienne Borm, Owner Borm Capital Inc. ________________________________ ________________________________ Address of Owner (Mailing) ________________________________ Telephone Number
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-045
A BY-LAW TO AMEND BY-LAW 2022-011 BEING BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES FOR THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may appoint officers and employees as may be necessary for the purposes of the Corporation; AND WHEREAS, the Council of the Municipality of Bayham deems it necessary and expedient to amend By-law No. 2022-011, being a by-law to appoint municipal officers and employees for the
purposes of the Municipality of Bayham; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law 2022-011 be amended to remove Tom Millard and replace with the following:
Bayham Fire and Emergency District Chief Port Burwell Kevin Baker 2. THAT this by-law shall come into force and take effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF JUNE 2022.
______________________________ _____________________________ MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-046 SITE PLAN CONTROL BY-LAW BEING A BY-LAW DESIGNATING THE AREA WITHIN THE TERRITORIAL LIMITS OF THE
MUNICIPALITY OF BAYHAM AS SUBJECT TO SITE PLAN CONTROL AND TO DELEGATE COUNCIL’S POWERS PURSUANT TO THE PROVISIONS OF THE PLANNING ACT AND OTHERWISE ESTABLISHING REGULATIONS AND PROCEDURES FOR OBTAINING APPROVAL FOR DEVELOPMENT WITHIN THE SAID MUNICIPALITY OF BAYHAM AS AN AREA SUBJECT TO SITE PLAN CONTROL WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law,
designate the whole or any part of such area as a site plan control area; AND WHEREAS, in the Official Plan for the Municipality of Bayham, the whole of the Municipality
of Bayham is described as a site plan control area; AND WHEREAS Section 41 of the Planning Act, as cited above, provides that no person shall
undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that Section without first having received approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham may define any class or classes of development that may be undertaken without approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council
of the Municipality of Bayham shall delegate its powers or authority to a delegated official of the Corporation; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1.0 Interpretation 1. The following rules apply to interpretation of this By-law:
(1) Unless otherwise defined, the words, terms, and phrases used in this By-law have their normal and ordinary meaning. (2) For purposes of interpretation only, the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended, applies to this By-law. (3) Despite the tense used in a provision;
(a) Every provision of this By-law is to be applied to the circumstances as they exist at the relevant time in question; and
(b) Every obligation imposed by this By-law is a continuing one so long as either the use, the circumstances, the reason for the obligation, or the events which
caused, precipitated, or gave rise to the obligation continue. (4) This By-law may be cited by its long title, its short title, or by its by-law name and any citation is to be taken as meaning the By-law as amended. 2.0 Definitions 2. (1) In this By-law, unless a contrary intention is expressed: (a) “Act” means the Planning Act, R.S.O. 1990, c. P.13, as amended. (b) “Corporation” means the Corporation of the Municipality of Bayham. (c) “Council” means the Municipal Council of the Corporation.
(d) "Delegated Official" means any of the appointed officers of the Corporation identified herein this By-law either by name or position occupied.
(e) “Development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in Subsection 164 (4) of the Municipal Act, 2001 or Subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as
defined in Subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in Subsection 46 (1) of the said Planning Act but provided that the said definition of “development” does not include the placement of a portable classroom on the school site of a local school board if the school site was in existence on January 1, 2007.
(f) “Official Plan” means the Official Plan of the Municipality of Bayham, as amended from time to time. (g) “Property”, including any portion thereof, means the land upon which development is proposed and to which the provisions of this By-law apply.
(h) “Tribunal” means the Ontario Land Tribunal.
2. (2) For the purposes of the definition of “Development” as set forth in Section 2 (1) (e) above:
(a) an addition or alteration to a building or structure which substantially increases the size thereof shall mean;
(i) save and except for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law No. Z456-2003,
as amended, or any successor by-law thereto, an increase of more than 20% of existing gross floor area; and
(ii) for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By-Law No. Z456-2003, as amended, or any successor by-law thereto, an increase of more than 30% of existing gross floor area. (b) an addition or alteration to a building or structure which increases the usability thereof shall mean any addition or alteration to a building or structure which results in a change in the use of that building, structure or property, and includes an addition or alteration which would; (i) result in a change in the volume, intensity, or nature of noise, lighting, odor, and/or vibration generated on the property;
(ii) alter the ingress to or egress from the property or a portion thereof; (iii) alter the traffic flow on or around the subject property, or a portion thereof,
including but not limited to construction and installation of a “drive-thru” laneway;
(iv) alter parking requirements and/or facilities for the property or a portion thereof; (v) alter hours of operation for the use or uses of such property or portion thereof; (vi) alter lot grading and/or drainage patterns, including but not limited to drainage and disposition facilities and installations, for the property or a portion thereof and which interpretation specifically applies to the alteration of the surface treatment and permeability of an existing parking lot or parking area. 3.0 Area/Development Subject to Site Plan Control 3. (1) Site Plan Control Area
The whole of the Municipality of Bayham, as constituted from time to time, is hereby designated as a site plan control area.
(2) Exempt Classes of Development
The following classes of development may be undertaken without the approval of plans and drawings otherwise required under Subsections 41 (4) or 41 (5) of the Act, and this By-law does not apply to such classes: (a) Farm buildings and structures;
(b) Agricultural and farm-related buildings, structures, building additions, or building alterations that are utilized in farming operations, but not including commercial wind farm operations, grain drying operations, agricultural-commercial or
industrial operations such as farm equipment sales and service, farm supply sales and agricultural storage, service or supply establishments.
(3) Application to Residential Dwellings Any residential dwelling other than single-detached, semi-detached, and duplex dwellings shall be subject to site plan control. The application of site plan control measures for such uses is limited to such matters as controlling the location of access, parking, grading and drainage. 4.0 Application For Approval of Development 4. (1) Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents, information, and items:
(a) The plans referred to in Section 41 (4) (a) of the Act and in accordance to any subsequent amendments to such Section of the Act, showing the location of all buildings and structures to be erected and showing the location of all facilities and
works to be provided in conjunction with the building or structure and all the facilities, works, and matters otherwise referred to in Section 41 (7) (a) of the Act;
(b) The drawings referred to in Section 41 (4) (2) of the Act to this By-law, and in accordance to any subsequent amendments to such Section of the Act; provided at all times that the following matters need not be addressed in such drawings as they are not subject to site plan control: (i) Interior design. (ii) Layout of interior areas, excluding interior walkways, stairs, elevators and escalators as referred to in Section 41 (4) (2) (c) of the Act. (iii) The manner of construction and standards for construction. (c) One or more agreements with the Corporation dealing with the provisions and maintenance of the development to be provided in conjunction with the building
or structure and the facilities, works, and other matters mentioned in Section 41 (7) of the Act in accordance to any subsequent amendments to such Section of the Act, and in accordance with the plans and drawings approved pursuant to the
Act and this By-law. (d) Where required under an agreement referred to in Section 4 (1) (c) above,
security, in the form of cash, certified cheque, or letter of credit, to protect the Corporation in respect of its liability for holdback and costs pursuant to Section 17 (4) of the Construction Lien Act, R.S.O. 1990, c. C. 30, as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in Section 41 (7) of the Act and in accordance with the
plans and drawings approved pursuant to the Act and this By-law. The security will be equal to the greater of $1000.00 or the dollar value of fifty percent (50%)
the costs of all site work associated with the development, including but not limited to, asphalt, curbing, surfacing, and landscaping.
(e) By cash or bank draft payable to the Corporation, payment of the requisite fee and deposit as specified in the Rates and Fees By-Law for the Corporation. 5.0 Conditions to Approval of Development/Plans
5. As a condition to the approval of the development, including plans and drawings referred to in Section 41 (4) of the Act and as otherwise anticipated in Section 4. 0 above, the owner of the property, or portion thereof, shall be required to: (1) In accordance with this By-law and at no expense to the Corporation, provide the facilities, works, or other matters referred to in Section 41 (7) (a) of the Act, in accordance to any subsequent amendments to such Section of the Act and otherwise approved by Council pursuant to this By-law; and
(2) In accordance with this By-law and at the sole risk and expense of the owner of the property, or portion thereof, maintain the facilities, works, and other matters as
identified in items 2 to 9 (inclusive) of Section 41 (7) (a) of the Act, in accordance to any subsequent amendments to such Section of the Act and as otherwise approved by Council pursuant to this By-law, at all times including the removal of snow from
access ramps and driveways, parking and loading areas, and walkways. 6.0 Exercise of Authority to Approve 6. The exercise of the Authority to approve as contemplated by this By-law is subject to the following: (1) Council’s powers under Section 41 of the Planning Act, are hereby delegated to the Chief Administrative Officer as the “delegated official”, or any successor to that position, or designate thereof. (2) The delegated official shall approve the application contemplated by Section 4.0 hereof, including plans and drawings referred to in Section 41 (4) of the Act, and in
accordance to any subsequent amendments to such Section of the Act, except where:
(a) The proposed facilities, works or matters depicted on the plans and drawings do not comply with any applicable policy or policies of the Official Plan or the provision or provisions of any applicable Zoning By-Law regulations; or
(b) The application contemplated under Section 4.0 of this By-law, including payment of applicable fees, is incomplete. (3) As a condition to the approval of plans and drawings referred to in Section 41 (4) of the Act, delegated official may require that the owner of the property, or a portion
thereof, enter into one or more agreements as provided for in Section 4 (1) (c) of this By-law.
(4) The Authority contemplated to be exercised pursuant to Subsections 41 (7) (b) and (c) of the Act with respect to any of the facilities, works, or matters referred to in
Section 41 (7) (a) of the Act shall be exercised by the delegated official on the advice of staff of the Corporation. (5) The provisions of the Official Plan and Zoning By-Law shall be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. (6) The form or wording of the agreement shall be used in satisfaction of the requirement of Sections 4 (1) (c) and 6 (2) herein, subject to such variations or modifications as circumstances may require and only so long as the substance of any provision thereto is not changed or affected and, furthermore, any variance thereto, not being in the manner or nature of substance, does not affect the regularity of the Agreement or any part or Section thereof.
7.0 Lapsing of Approval 7. Any approval by the delegated official of an application as contemplated hereunder, including plans and drawings referred to in Section 41 (4) of the Act, lapses,
(1) Where a building permit is required for the development: (a) at the expiration of one (1) year from the date of approval if, within that one (1) year period, no building permit is issued for the development; (b) If a building permit is issued for the development but the owner of the property, or a portion thereof, has not commenced construction within one (1) year of the date of issuance of such building permit or, alternatively, if construction of the development has not been completed within two (2) years of the date of issuance of such building permit; or (c) Upon the revocation at any time of any building permit issued for the development. (2) Where no building permit is required for the development, the owner of the
property has failed to commence construction within one (1) year of the date of site plan approval or, alternatively and although commenced within one (1) year of the date of site plan approval, construction of the development has not been completed
within two (2) years of such date of site plan approval. (3) In all cases, the lapse of an approval granted pursuant to this By-law is effective
only upon written notice revoking the approval by the delegated official to the owner of the property or, where an agreement has been executed and registered as against title to the property, including a portion thereof, upon registration of a notice that the approval is revoked and the agreement is terminated. 8.0 Failure of Counsel to Act / Appeal to the Ontario Land Tribunal 8. Where the delegated official does not approve the application contemplated by Section 4.0 hereunder and/or the plans and drawings referred to in Section 41 (4) of the Act within
sixty (60) days after submission to the Corporation for approval or, alternatively, where the owner of the property is not satisfied with any one or more of the requirements made by
the delegated official pursuant to this By-law and Section 41 (7) of the Act, including but not limited to the terms of a Site Plan Control Agreement, the owner of the property may, by written notice to the Secretary of the Ontario Land Tribunal and the Clerk of the Corporation as well as submission of the filing fee and deposit specified in the Rates and Fees By-Law for the Corporation, request that the decision of the delegated official, including as to approval or denial of the subject application and/or details of all plans and drawings as submitted or, furthermore or alternatively, the requirements or provisions of any Site Plan Control Agreement that the owner of the property finds unsatisfactory, be referred to the Tribunal and the Tribunal shall hear and determine all matters in issue in respect of such development, application, plan, drawings and agreement in accordance with its jurisdiction, authority and powers, providing at all times that the decision or decisions of the Tribunal shall, at all times, be final. 9.0 Executive Acts Authorized 9. The Mayor and the Clerk of the Corporation are hereby authorized to execute on behalf of and under the seal of the Corporation any document necessary to give further effect to
the provisions of this By-law. 10.0 Development Without Approval 10. Every person who, without having first obtained delegated official approval pursuant to this By-law, including as to all plans and drawings for development of the property or a portion thereof, undertakes any development, or part thereof, on the property, contravenes Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 11.0 The Failure to Provide or Maintain Facilities, Works, or Other Matters
11. Every person who undertakes any development on property located in the site plan control area as designated by this By-law without providing and/or maintaining any of the facilities, works, or matters mentioned in Section 41 (7) (a) of the Act and that are required by Council of the Corporation pursuant to the said Section 41 of the Act and the provisions of this By-law contravenes the said Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 12.0 Failure to Enter Into Agreement 12. Every person who undertakes any development on property located within the site plan control area designated by this By-law without first entering into one or more Agreements with the Corporation addressing or otherwise providing for the provision or maintenance
of any facilities, works, or other matters and as required by the Corporation as a condition to the approval of development, plans, and drawings in accordance with Sections 4 (1) (c) and 6 (2) hereof and Section 41 of the Act contravenes the said Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof.
13.0 Penalty Upon Conviction 13. In addition to any penalty provided for by law for commission of an offence contrary to the Act, every person who contravenes any provision of this By-law is, upon conviction, guilty of an offence and is liable to any penalty as provided for pursuant to the Act. 14.0 Facilities, Works, or Other Matters Undertaken By Municipality
14. In default of an owner of property, in the future, providing or maintaining any one or more of the facilities, works, or other matters that are to be provided in conjunction with all buildings and structures to be erected under approval of the delegated official granted hereunder or that are otherwise referenced in Section 41 (7) (a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawings referred to in Section 41 (4) of the Act, the Council may by by-law direct that such facilities, works, or matters, or any part thereof, shall be provided or maintained by or on behalf of the Corporation at the sole risk and expense of the owner of the property and the expense
incurred in doing so shall be recovered from the owner by any means or process available at law, including but not limited to:
(1) by use of any cash or security bonds furnished by the owner of the property to the Corporation pursuant to this By-law;
(2) by action in any court of competent jurisdiction in the Province of Ontario; (3) in a like manner as municipal taxes, as authorized by the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular Section 446 thereof; (4) in annual instalments payable by the owner of the property, with interest, not to exceed ten (10) years. 15.0 Repeal 15. By-law No. 2016-047 for The Corporation of the Municipality of Bayham, entitled Site Plan Control By-Law, is hereby repealed. 16.0 Effective 16. This by-law shall come into force and take effect on July 1, 2022.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF
JUNE 2022.
______________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-047 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD JUNE 16, 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 June 16, 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 16th DAY OF JUNE 2022.
____________________________ _____________________________ MAYOR CLERK