HomeMy WebLinkAboutJuly 21, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – SCC Main Hall Thursday, July 21, 2022 7:00 p.m. 7:30 p.m. Public Planning Meeting – 4 Applications
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 6. DELEGATIONS
A. Charles Smith re Proposed Dennis Road Conveyance 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held June 15, 2022 B. Regular Council Meeting held June 16, 2022 C. Statutory Planning Meeting held June 16, 2022 D. Drainage Court of Revision Meeting held June 16, 2022 E. Special Council Meeting held July 6, 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
11.2 Reports to Council
A. Report PS-14/22 by Steve Adams, Manager of Public Works/Drainage Superintendent re Vienna Community Park Safety Signage 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance A-06/22 Clarke B. Notice of Public Meeting re Proposed Official Plan Amendment and Zoning By-Law Amendment – Wade
C. Notice of Public Meeting re Proposed Official Plan Amendment and Zoning By-Law Amendment – Vienna Farms
D. Notice of Public Meeting re Proposed Official Plan Amendment and Zoning By-Law Amendment – Bonnefield
E. Notice of Public Meeting re Proposed Zoning By-Law Amendment – Blatz
F. Notice of Public Meeting re Proposed Minor Variance – Klassen 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-40/22 by Thomas Thayer, CAO|Clerk re 2nd Quarter Report C. Report DS-42/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E61-22 Martins, 32 Robinson Street and 19 Erieus Street, Port Burwell
D. Report DS-43/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-17/22 – AGinvest Farmland One Inc. 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. Town of Cobourg re Amber Alert System
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D. Bonfield Township re Amber Alert System
E. City of Mississauga re Amber Alert System
F. Township of Perry re Bill C-233 “Keira’s Law”
G. Municipality of Grey Highlands re Voter’s List Information for Candidates
H. Township of Matatchewan re Voter’s List Information for Candidates
I. Township of Mulmur re Climate Emergency Declaration
J. Municipality of Tweed re Ontario Wildlife Damage Compensation Program
K. Municipal Engineers Association re Retention of Professional Engineers at Ontario Municipalities
L. AHI-TDMH re Hospital Human Resource Pressures
M. County of Elgin re Council Highlights June 28, 2022
N. County of Elgin re Council Highlights July 12, 2022 13.1.2 Requiring Action
13.2 Reports to Council
A. Report TR-12/22 by Lorne James, Treasurer re 2022 Q2 Variance Report
B. Report CAO-31/22 by Thomas Thayer, CAO|Clerk re Corporate Mileage Rate C. Report CAO-32/22 by Thomas Thayer, CAO|Clerk re Trial of Open Forum – Procedural By-Law
D. Report CAO-33/22 by Thomas Thayer, CAO|Clerk re Public Comments Received – Stop Up, Close, and Convey a Portion of Dennis Road and a Portion of Woodworth Road 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. 2022-052 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Hillenaar Consulting Inc.
(Paul Hillenaar)
C. By-Law No. Z747-2022 Being a by-law to amend By-Law No. Z456-2003 – AGinvest
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15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera A. Confidential Report re Sale or disposition of land (Dennis and Woodworth Roads)
B. Confidential Report re Information explicitly supplied in confidence to the municipality by Canada, a Province or Territory or a Crown Agency of any of them (Southwest Tourism
Relief Fund) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-053 Being a by-law to confirm all actions of Council 18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Wednesday, June 15, 2022 6:00 p.m. The June 15, 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. OTHER BUSINES 3.1 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 6:01 p.m. to discuss:
A. Confidential Item re Labour relations, employee negotiations (Development Services)
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
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3.2 Out of Camera Moved by: Councillor Donnell
Seconded by: Councillor Chilcott THAT the Council do now rise from the “In Camera” Session at 7:54 p.m. and report on
Confidential Item re Labour relations, employee negotiations (Development Services) 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 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the presentation by Performance Concepts re Service Sharing Framework be received for information; AND THAT Performance Concepts be directed to proceed with the draft of an appropriate shared servicing agreement, subject to approval by the Council of the Township of Malahide. 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
4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-048 Being a by-law to confirm all actions of Council Moved by: Councillor Froese
Seconded by: Councillor Chilcott
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THAT Confirming By-law No. 2022-048 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 7:56 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 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 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 MANAGER OF PUBLIC WORKS|DRAINAGE
SUPERINTENDENT STEVE ADAMS TREASURER LORNE JAMES 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 5. A. Ed van der Maarel, Principal Architect, Partner, and Brendon Ager, Senior Architectural
Technologist, a+LINK Architecture re Proposed Design – Straffordville Community Centre
Expansion – Removal
13.2 C. Report CAO-29/22 by Thomas Thayer, CAO|Clerk re Revisions to Straffordville
Community Centre Schematic Plans
13.2 D. Report TR-11/22 by Lorne James, Treasurer re Investment Options – Vienna
Community Improvement Reserve Fund
13.2 E. Report CAO-30/22 by Thomas Thayer, CAO|Clerk re Updated Agreement for Building
Services Support – Hillenaar
4. ANNOUNCEMENTS Deputy Mayor Weisler commented that Edison Fest was a success and everyone had lots of fun.
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Mayor Ketchabaw announced that there is an Open House from 1:00 p.m. to 4:00 p.m. at the
Port Burwell Fire Hall honouring Tom Millard for over 40 years of service. Mayor Ketchabaw also announced that there is a Father’s Day breakfast on Sunday at the
Masonic Lodge in Vienna from 8:00 a.m. to 1:00 p.m. 5. PRESENTATIONS 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 Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the minutes of the Special Council Meeting held May 18, 2022 and the minutes of the Council Meeting held June 2, 2022 be adopted as presented. AND THAT the minutes of the Planning Meeting held June 2, 2022 be amended as discussed and adopted.
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
A. Sharon Leger re Request for Four-Way Stop at Oak Street and Ann Street
Moved by: Councillor Donnell Seconded by: Councillor Chilcott
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THAT the correspondence from Sharon Leger re Request for Four-Way Stop at Oak Street
and Ann Street be received for information; AND THAT staff investigate and report back on costing and applicability of cautionary
pedestrian signage near the intersection of Oak Street and Ann Street in Vienna. CARRIED
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 Moved by: Councillor Froese Seconded by: Councillor Chilcott 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 CARRIED
The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:32 p.m.
The Council Meeting resumed at 7:49 p.m. B. Report PS-13/22 by Steve Adams, Manager of Public Works/Drainage Superintendent re Bulk Item Curbside Pick-Up Financial Impacts
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler
THAT Report PS-13/22 re Bulk Item Curbside Pickup Financial Impacts be received for
information; AND THAT a three-month trial for Bulk Item Curbside Pickup under Option 2, with a $15 user fee, be implemented effective August 2022; AND THAT the trial be supplemented with funds from the Environmental Reserve;
AND THAT staff be directed to report back to Council at the October 6, 2022 Council meeting on the program’s progress. CARRIED
The Council Meeting recessed to host a Court of Revision Drainage Meeting at 8:00 p.m.
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The Council Meeting resumed at 8:33 p.m. and took a short break until 8:42 p.m. C. Report FR-06/22 by Harry Baranik, Fire Chief re Appointment of District Chief – Port Burwell Station
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
THAT Report FR-06/22 re: Appointment of District Chief – Port Burwell Station be received for information; AND THAT the appropriate by-law appointing Kevin Baker as the District Chief of the Port
Burwell Station be brought forward for Council’s consideration. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Proposed Minor Variance A-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 Moved by: Councillor Donnell Seconded by: Councillor Froese 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-38/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Site Plan Agreement – Borm Capital Inc.
Report DS-38/22 was pulled from the Agenda.
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
Moved by: Councillor Chilcott Seconded by: Councillor Donnell
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THAT Report DS-39/22 regarding the Bill 109 requirements for changes to the Site Plan
Control By-law be received for information;
AND THAT By-law No. 2022-046 being a Site Plan Control By-law be presented for
enactment.
CARRIED 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
D. The District of Muskoka re Annual Emergency Exercise
E. Town of Aurora re Private Member’s Bill C-233 “Kiera’s Law” Moved by: Councillor Donnell
Seconded by: Councillor Froese THAT items 13.1.1 A – E be received for information.
CARRIED 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 Moved by: Councillor Donnell Seconded by: Councillor Froese
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. CARRIED
B. Report CAO-28/22 by Thomas Thayer, CAO|Clerk re Integrity Commissioner/Closed Meeting Investigator/Ombudsman Services
Moved by: Councillor Donnell Seconded by: Councillor Chilcott
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THAT Report CAO-28/22 re Integrity Commissioner/Closed Meeting
Investigator/Ombudsman Services be received for information; 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.
CARRIED C. Report CAO-29/22 by Thomas Thayer, CAO|Clerk re Revisions to Straffordville Community Centre Schematic Plans Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-29/22 re Revisions to Straffordville Community Centre Schematic Plans be received for information. AND THAT staff and Architect proceed with the kitchen and portable bar option and approve the schematic plans for the Straffordville Community Centre. AND THAT staff and Architect proceed with working drawings and tender documents. CARRIED
D. Report TR-11/22 by Lorne James, Treasurer re Investment Options – Vienna Community Improvement Reserve Fund
Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report TR-11/22 re Investment Options – Vienna Community Improvement Reserve Fund report be received for information; AND THAT staff be directed to invest the funds allocated to the Vienna Community
Improvement Reserve Fund (VCIRF) in a one-year fixed GIC through RBC within five business days after July 13, 2022.
CARRIED Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler THAT staff be directed to invest an additional $1.5 million in cash on hand in a one-year
fixed GIC through RBC within five business days after July 13, 2022. CARRIED
E. Report CAO-30/22 by Thomas Thayer, CAO|Clerk re Updated Agreement for Building Services Support – Hillenaar
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Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT Report CAO-30/22 re Updated Agreement for Building Services Support – Hillenaar
be received for information; AND THAT the Council authorize an Agreement between the Municipality of Bayham and
Hillenaar Consulting Inc. for the provision of building services for the Municipality of Bayham; AND THAT the appropriate by-law be brought forward for Council’s consideration. CARRIED 14. BY-LAWS
A. 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 B. 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
Moved by: Deputy Mayor Wesiler Seconded by: Councillor Donnell
THAT By-Law Nos. 2022-045 and 2022-046 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS
16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-047 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell
Seconded by: Councillor Chilcott THAT confirming By-Law No. 2022-047 be a read a first, second and third time and finally
passed. CARRIED
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18. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 9:31 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 16, 2022 7:30 p.m.
A. ZBA-17/22 AGinvest Farmland One Inc. – 57905 Heritage Line 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 MANAGER OF PUBLIC WORKS|DRAINAGE SUPERINTENDENT STEVE ADAMS
TREASURER LORNE JAMES PUBLIC ATTENDEES: DAN RAYSON 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:32 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. ZBA-17/22 AGinvest Farmland One Inc. – 57905 Heritage Line THE PURPOSE of this By-law is to rezone retained agricultural lands from an Agricultural
(A1-A) zone to a Special Agricultural (A2) zone to recognize agricultural uses and prohibit new dwellings; and to rezone severed lands from an Agricultural (A1-A) Zone to a Rural Residential (RR) Zone to recognize the change in land use from agricultural in nature to
residential in nature, in Zoning By-law Z456-2003. The lands are located at 57905 Heritage Line, east side of Coyle Road. THE EFFECT of this By-law will be to fulfill conditions of Consent E23-22 to rezone the retained lands to recognize agricultural use and prohibit new dwellings; and to rezone the
2 Statutory Planning Agenda - Zoning June 16, 2022
severed lands from an agricultural zone to a residential zone, as a result of a surplus farm
dwelling severance. 5. PUBLIC PARTICIPATION Dan Rayson spoke to the file as a neighbouring property owner. Mr. Rayson was inquiring on why this rezoning was needed and what someone could do in the future if it was desirable to
have a house on the farmland. Mayor Ketchabaw and Planning Coordinator M. Underhill explained this process is to fulfill a condition of consent and to be complaint with the Provincial Policy Statement (PPS) and if someone in the future was interested to rezone again later they could apply at that time. 6. CORRESPONDENCE No correspondence received.
7. OTHER BUSINESS No other business.
8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Zoning By-Law be considered at the regular meeting of July 21, 2022; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-17/22 is now complete at 7:49 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 16, 2022 8:00 p.m. – Hampton Drain Improvements
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 MANAGER OF PUBLIC WORKS|DRAINAGE SUPERINTENDENT STEVE ADAMS TREASURER LORNE JAMES ENGINEER: JOHN SPRIET
PUBLIC ATTENDEES: BOB GREGSON 1. CALL TO ORDER Mayor Ketchabaw called the Court of Revision for the Hampton Drain Improvements to order at
8:00 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
A. Hampton Municipal Drain Notice of Court of Revision Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report #220242 dated March 15, 2022 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-36/22 by Steve Adams, Manager of Public Works / Drainage Superintendent re Hampton Drain Improvements Court of Revision
2022 Court of Revision Minutes June 16, 2022
S. Adams presented report DS-36/22 and Engineer J. Spriet spoke to the file and explained the assessments. 5. PUBLIC PARTICIPATION
Bob Gregson spoke on behalf of his and Scott Gregson’s submitted appeals. Mr. Gregson provided background information of the drain and affected properties and confirmed that both Bob and Scott are requesting their assessed amounts be removed entirely.
Engineer J. Spriet discussed further with Council the current assessments and how changes would be reflected if desired.
6. DISPOSITION
Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report DS-36/22 re Hampton Drain Improvements Court of Revision be received for
information;
AND THAT the Court of Revision acknowledge the appeals received from Bob Gregson and
Scott Gregson requesting a full removal of their assessments;
AND THAT the Court of Revision for the Hampton Drain Improvements hereby directs the
Engineer to decrease the Outlet charges on the lands in Engineer’s Report #220242 by $30,000
proportionally and redistribute the amount to Bonnefield (roll 3-138) as a Benefit assessment;
AND THAT the Court of Revision direct the Engineer to re-submit the revised Report when the
changes are completed.
CARRIED
7. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Court of Revision for the Hampton Drain Improvements be adjourned at 8:33 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Wednesday, July 6, 2022 6:30 p.m. The July 6, 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 (arrived at 6:35 p.m.) SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT TREASURER LORNE JAMES MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON 1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 6:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. PRESENTATIONS
A. Watson and Associates Economists Ltd. re Development Charges Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the presentation from Watson and Associates Economists Ltd. re Development Charges be received for information; AND THAT staff and Watson and Associates Economists Ltd. be directed to come forward with a Development Charge Background Study regarding Development Charges as outlined in Option 1, being water and wastewater Development Charges for Council consideration;
AND THAT staff return to Council with a report or additional presentation on a storm water development charge, once the result of the DMAF application is known.
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
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Mayor Ed Ketchabaw x
CARRIED 4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-049 Being a by-law to confirm all actions of Council
Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Confirming By-law No. 2022-049 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 Chilcott
Seconded by: Councillor Froese THAT the Council meeting be adjourned at 7:06 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
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: July 21, 2022
REPORT: PS-14/22 SUBJECT: VIENNA COMMUNITY PARK SAFETY SIGNAGE
BACKGROUND
At its June 16, 2022 meeting, Council received a Request for Action from Sharon Leger regarding the possibility of installing a four-way stop at Oak Street and Ann Street in Vienna. To this item, Council passed the following resolution:
THAT the correspondence from Sharon Leger re Request for Four-Way Stop at Oak Street and Ann Street be received for information;
AND THAT staff investigate and report back on costing and applicability of cautionary
pedestrian signage near the intersection of Oak Street and Ann Street in Vienna. DISCUSSION
According to the Ontario Traffic Manual, a playground ahead sign provides advanced warning of a locally-designated playground that is located adjacent to a downstream section of road. The presence of these signs near a playground area is intended to eliminate a potential hazard. Staff have attended the area and have identified the below five (5) locations possibly warranting
these signs:
West of Fulton Street and Oak Street
West of Fulton Street and Union Street
North of Ann Street on Union Street
North of Ann Street on Oak Street
East of Oak Street on Ann Street
These signs are approximately $95.00+HST/sign and would require four hours of staff installation time. This cost could be funded through the Safety Devices budget line item.
RECOMMENDATION THAT Report PS-14/22 re Vienna Community Park Safety Signage be received for information; AND THAT staff be directed to install five (5) WC-3 Playground Ahead signs at the locations provided within Report PS-14/22. Respectively Submitted by: Reviewed by:
_________________________________ ______________________ Steve Adams Thomas Thayer, CMO Manager of Public Works/Drainage Superintendent CAO|Clerk
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: MICHAEL AND RETA GLEN, C/O
BARRY WADE HOMES INC.
LOCATION: 2 ROBINSON STREET AND 3 ERIEUS STREET,
PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received complete applications for an Official Plan amendment (OPA-01/22) and Zoning By-law amendment (ZBA-02/22). The County of Elgin is the Approval Authority for Official Plan Amendments.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, July 21, 2022 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage
Line, Straffordville, to consider a proposed Official Plan and Zoning By-law amendment under Sections 17 and 34 of the PLANNING ACT.
THE PURPOSE of these Amendments is to change the land use designation on lands with lot area of
0.36 ha (0.89 acre) from “Residential” to “Site Specific Multi-Unit Residential” designation in the Official Plan of the Municipality of Bayham to permit the development of a townhouse block with net density of 53 units per hectare whereas net density of 35 units per hectare is the permitted maximum in the Official
Plan.
And furthermore, to change the zoning of the subject lands from Village Residential 1 (R1) and Holding Village Residential 1 (R1(h2)) Zones to Site-specific Village Residential 2 (R2) Zone to permit townhouse development and to permit lot area per unit of 181 m2 whereas 340 m2 is the permitted minimum, setback distance for a driveway to a street intersection of <1.0 m whereas 9.0 m is the permitted minimum, front yard setback of 1.86 m whereas 6.0 m is the permitted minimum, rear yard depth for “Block ‘A’” of 1.54 m and “Block ‘C’” of 4.58 m whereas the permitted minimum is 9.0 m, and to remove the ‘h2’ holding symbol by way of entering into a development agreement with the municipality, in Zoning By-law Z456-2003. The subject lands are located on the east side of Robinson Street, south of Brock Street in the village of Port Burwell and known as 2 Robinson Street and 3 Erieus Street.
A copy of the Conceptual Site Plan is on the back of this Notice.
THE EFFECT of these Amendments will be to permit a site-specific townhouse development, either standard condominium or rentals, in the form of three (3) buildings with 19 total units, including increased maximum density, reduced driveway setback from an intersection, reduced front and rear setbacks, and
removal of holding provisions requiring the applicant/owner enter into development or subdivision agreement with the municipality.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support
of or in opposition to the proposed amendments. Equal consideration is given to all written and oral presentations provided to the municipality at a public meeting. When possible please consider
utilizing written correspondence.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or, make written submissions to the Municipality of Bayham before the by-laws are passed, the person or public body
may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the
proposed Official Plan or Zoning By-law amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the
proposed amendments may be obtained by contacting the Municipal Office.
Dated at the Municipality of Bayham this 24th day
of June 2022.
Margaret Underhill
Deputy Clerk/Planning Coordinator
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
Straffordville ON N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
Village of Port Burwell
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: VIENNA FARMS LTD.
4964 AND 4968 PLANK ROAD
TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official
Plan amendment (OPA-02/22) and a Zoning By-law amendment (ZBA-04/22). The County of Elgin is the Approval authority for Official Plan Amendments.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday, July 21, 2022 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Official Plan and Zoning By-law amendment under Sections 17 and 34 of the PLANNING ACT.
THE PURPOSE of these Amendments is to change the land use designation on a 2.48 ha (6 acre) parcel of land from “Agriculture” to “Site Specific Agriculture” designation in the Official Plan of the Municipality of Bayham to permit a permanent large scale supplementary farm dwelling in
an existing dwelling with gross floor area of 304.9 m2 (3,282 ft2) to seasonally house a maximum twenty-nine (29) offshore farm labourers being transported to and from nine (9) leased farm parcels; and to change the zoning on the same lands from Agricultural (A1) Zone to a Site Specific
Agricultural (A1-xx) Zone to permit: a large scale supplementary farm dwelling use noted above; minimum 2.3 ha (5.7 acres) farmland area worked per labourer; reduced lot area; and, reduced building yard setbacks, in Zoning By-law Z456-2003. The subject lands are located on the west side of Plank Road, north of Glen Erie Line and known as 4964 and 4968 Plank Road.
THE EFFECT of these Amendments will be to permit a site-specific large scale supplementary farm dwelling, which exceeds the preferred permanent building with maximum floor area of 167 m² (1,797 ft2) in the Official Plan and to recognize the labourers working on 9 separate leased farm parcels, as part of a combined maximum one hundred and twenty (144) labourers living in four (4) existing and one (1) proposed supplementary farm dwellings on the leased farm parcels, in the Official Plan and Zoning By-law. Furthermore, the effect will be to permit existing undersized agricultural lot area and building locations within required yard setbacks.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendments. Equal consideration is given to all written and oral presentations provided to the municipality at a public meeting. When possible
please consider utilizing written correspondence.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or
public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or, make
written submissions to the Municipality of Bayham before the by-laws are passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed Official Plan or Zoning By-law amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendments may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 24th
day of June 2022.
Margaret Underhill
Deputy Clerk/Planning Coordinator
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: BONNEFIELD CANADIAN
FARMLAND LP III
LOCATION: 56237 CHUTE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan amendment (OPA-03/22) and Zoning By-law amendment (ZBA-03/22). The County of Elgin is the Approval Authority for Official Plan Amendments.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, July 21, 2022 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Official Plan and Zoning By-law amendment under Sections
17 and 34 of the PLANNING ACT.
THE PURPOSE of these Amendments is to change the land use designation on a 54 ha (134 acre) parcel of land from “Agriculture” to “Site Specific Agriculture” designation in the Official Plan of the Municipality
of Bayham to permit a permanent large scale supplementary farm dwelling with gross floor area of 321 m2 (3,455 ft2) to seasonally house a maximum twenty-four (24) offshore farm labourers being transported to and from nine (9) leased farm parcels in the area; and to change the zoning on the same lands from
Agricultural (A1-A) Zone to a Site Specific Agricultural (A1-A-xx) Zone to permit: a large scale supplementary farm dwelling use noted above; and minimum 2.3 ha (5.7 acres) farmland area worked per labourer, in Zoning By-law Z456-2003. The subject lands are located on the south side of Chute Line, on the west side of Toll Gate Road and known as 56237 Chute Line.
THE EFFECT of these Amendments will be to permit a site-specific large scale supplementary farm dwelling, which exceeds the preferred permanent building with maximum floor area of 167 m² (1,797 ft2) in the Official Plan and to recognize the labourers working on 9 separate leased farm parcels, as part of a combined maximum one hundred and twenty (144) labourers living in four (4) existing and one (1) proposed (subject lands) supplementary farm dwelling on the leased farm parcels, in the Official Plan and Zoning By-law.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support
of or in opposition to the proposed amendments. Equal consideration is given to all written and oral presentations provided to the municipality at a public meeting. When possible please consider
utilizing written correspondence.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the
Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or, make written submissions to the Municipality of Bayham before the by-laws are passed, the person or public body may
not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed Official Plan or Zoning By-law amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendments may be obtained by contacting the Municipal Office.
Dated at the Municipality of Bayham this 24th day of
June 2022.
Margaret Underhill
Deputy Clerk/Planning Coordinator
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: GERHARD BLATZ
LOCATION: 12 ELIZABETH STREET, PORT
BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning
By-law amendment (ZBA-18/22)
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, July 21, 2022 at 7:30 p.m. in the Municipal Council Chambers,
56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT.
THE PURPOSE of this By-law is amendment to change the zoning regulations on a 1.2 ha (2.97
acre) parcel of land to add an additional permitted use of a mobile home park manager residential dwelling unit in a portion of an existing accessory building, in Zoning By-law Z456-2003. The subject lands are located at 12 Elizabeth Street, east side, south of Wellington Street in the village
of Port Burwell.
THE EFFECT of this By-law will be to permit one mobile home park site manager apartment in the second storey of an existing accessory building.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Equal consideration is given to all written and oral presentations provided to the municipality at a public meeting. When possible please
consider utilizing written correspondence.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 24th day of June 2022.
Village of Port Burwell
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
A-07/22
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JAKE AND LISA KLASSEN
LOCATED AT: 40 ELM STREET, VIENNA
PLAN 54 LOT 22 E/S OAK AND; LOT 22 W/S ELM &
RP 11R2361; PART 1, OR THE EASTERN PORTION
OF 40 OAK STREET, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a completed application for a
proposed Minor Variance (A-07/22).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, July 21, 2022 at 6:45 pm in Municipal Council
Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.8 and Section 10.10 in the Village Residential 1 (R1) zone, to permit minimum front yard depth of 3.7 m (12.1 ft.) whereas 7.0 m (23.0 ft.) is the permitted minimum; and to permit minimum rear yard depth of 3.7 m (12.1 ft.) whereas 7.0 m (23.0 ft.) is the permitted minimum, for lands located at 40 Elm Street, north side, east of Oak Street, in the village of Vienna.
THE EFFECT of this variance will be to permit reduced front and rear yards where the configuration of the lot limits the ability to locate a proposed single-detached dwelling on the
vacant, recently created lot severed from the eastern portion of lands known as 40 Oak Street.
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. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office.
DATED at the Municipality of
Bayham this 8th day of July 2022.
Margaret Underhill
Deputy Clerk/Planning Coordinator
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
Village of Vienna
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: July 21, 2022
REPORT: DS-40/22 SUBJECT: 2ND QUARTER REPORT
BACKGROUND
The purpose of this report is to inform Council of the activities of the Building Services and Drainage department for the second quarter of the year for 2022.
DISCUSSION
Building Services The summary of building permits issued in the second quarter is as listed on the chart below:
Year 2022 2021 2020
No. permits issued 42 80 54
Permit fees $48,557 $73,529 $57,637 Construction Value $8,837,000 $6,993,280 $5,970,890 Houses 10 12 6 Farm Buildings 3 1 3
Other 29 69 45
Drainage Drainage work for the second quarter of 2022 is noted below: New Drains:
Drain Name Status
Hampton Drain Engineer report received; public comment
period complete; Court of Revision complete; Engineer to provide amended assessment
schedule per COR direction.
Drain Maintenance: Maintenance on the George Street Drain was completed in the second quarter of 2022, including installation of asphalt aprons, topsoil, and seeding. RECOMMENDATION 1. THAT Staff Report DS-40/22 re 2nd Quarter Report be received for information.
Respectfully Submitted by:
_________________________________
Thomas Thayer, CMO CAO|Clerk
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.
Moved By Suzanne Séguin Resolution No.:
Last Name Printed Séguin 227-22
Seconded By
Nicole Beatty
Council Date:
Last Name Printed Beatty June 27, 2022
THAT Council receive the correspondence for information purposes; and
FURTHER THAT Council recognize the recent tragic death of 11-year-
old Draven Graham with deepest sympathies to their family; and FURTHER THAT Cobourg Council acknowledge that at the time this
motion was written, there have been over 80,000 citizens who had
signed a petition on Change.Org requesting that a Draven Alert be
created; and
FURTHER THAT Cobourg Council endorse a recent resolution as passed by the Municipality of Brighton and its council as follows:
That the Minster of the Solicitor General and the Commissioner of the
Ontario Provincial Police, as well as the Premier’s Office, be requested to make the necessary changes to the AMBER alert system and create a new alert called the Draven Alert, which will protect vulnerable
children who have not been abducted but are at high risk of danger,
injury or death and alert the public that they are missing.
That this motion be sent to all municipalities across Ontario and the Association of Municipalities Ontario (AMO) for endorsement.
The Corporation of the
Town of Cobourg Resolution
Page 1 of 2
RESOLUTION 0144-2022
adopted by the Council of The Corporation of the City of Mississauga at its meeting on July 6, 2022
0144-2022 Moved by: P. Mullin Seconded by: C. Parrish
Whereas the Ontario AMBER Alert is a warning system that quickly alerts the public of a
suspected abduction of children who are in imminent danger;
Whereas the goal is to broadcast as much information about the child, the abductor and suspect
vehicles as quickly as possible so the public can respond with any relevant information that
might lead to the child’s safe return;
Whereas people are encouraged to share the AMBER Alert with as many people as possible. If
a child or vulnerable person is abducted, spreading the information quickly is critical to their safe
return;
Whereas an AMBER Alert makes the public aware to keep an eye out for the child, vulnerable
person, suspect and the vehicle described in the alert. If they spot them, try to gather as many
details as they can, including the specific location where they saw them, the time, the direction
they were travelling in and any other identifying details that will help to locate them;
Whereas an AMBER Alert gives citizen’s instructions to call 9-1-1 or the phone number included
in the alert immediately if they have a tip or a sighting related to an AMBER Alert.
Whereas an AMBER Alert will only be activated if the police have confirmed that an abduction
has taken place; and the victim is a child or a person of proven physical or mental disability;
and, there is reason to believe the victim is in danger of serious physical injury, and there is
information available that, if broadcast to the public, could assist in the safe recovery of the
victim.
Whereas it is essential to remember that an AMBER Alert is not always appropriate in every
circumstance and that their continued effectiveness depends on ensuring that they are only
used in cases that meet the above criteria;
Whereas the recent tragic death of 11-year-old Draven Graham showed that the AMBER Alert
system is flawed when it comes to vulnerable children who can go missing but are not
abducted;
Page 2 of 2
And whereas it is clear that there needs to be an addition to the alert system to allow for law
enforcement to send out an alert for vulnerable children who go missing under circumstances
that do not involve an abduction but are at serious risk of injury or death;
Therefore be it resolved that the Council of the City of Mississauga endorse the following;
1. That the Minster of the Solicitor General and the Commissioner of the Ontario Provincial
Police, as well as the Premier’s Office, be requested to make the necessary changes to the
AMBER alert system and create a new alert called the Draven Alert, which will protect
vulnerable children who have not been abducted but are at high risk of danger, injury or
death and alert the public that they are missing.
2. That this motion be sent to all municipalities across Ontario and the Association of
Municipalities Ontario (AMO) for endorsement.
Recorded Vote YES NO ABSENT ABSTAIN
Mayor B. Crombie X
Councillor S. Dasko X
Councillor P. Mullin X
Councillor C. Fonseca X
Councillor J. Kovac X
Councillor C. Parrish X
Councillor R. Starr X
Councillor D. Damerla X
Councillor M. Mahoney X
Councillor P. Saito X
Councillor S. McFadden X
Councillor G. Carlson x
Carried (10-0-2-Absent)
Township of Perry
PO Box 70, 1695 Emsdale Road, Emsdale, ON P0A 1J0
PHONE: (705)636-5941
FAX: (705)636-5759
www.townshipofperry.ca
July 12th, 2022
Via 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 L1A 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: Township of Perry – Support Town of Aurora Council Resolution
“Private Member’s Bill C-233 “Keira’s Law”’
Please be advised that at their last regular meeting of Council on Wednesday
July 6th, 2022, the Council of the Corporation of the Township of Perry
supported the following resolution:
“Resolution #2022-286 Moved By: Margaret Ann MacPhail
Seconded By: Joe Lumley
Be it resolved that the Council of the Corporation of the Township of Perry
hereby supports the Town of Aurora’s Resolution, Motion 10.1, dated May 24,
2022 re: Private Member’s Bill C-233 “Keira’s Law”;
And further that Council directs staff to provide a copy of this resolution of
support 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
…2
-2-
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; MP Leah Taylor Roy; MP Scott Aitchison; Town Clerk Michael de Rond, Town of Aurora, and all Ontario municipalities.
Carried.”
Your attention to this matter is greatly appreciated.
Sincerely,
Beth Morton
Clerk-Administrator
cc: Candice Bergen, Interim Leader of the Conservative Party of Canada
Yves-Francois Blanchet, Leader of the Bloc Quebecois
Jagmeet Singh, Leader of the New Democratic Party
MP Tony Van Bynen
MP Leah Taylor Roy
MP Scott Aitchison
Michael de Rond, Clerk, Town of Aurora
All Ontario Municipalities
BM/ec
The Municipality of Grey Highlands
206 Toronto Street South, Unit One - P.O. Box 409 Markdale, Ontario N0C 1H0
519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643
www.greyhighlands.ca info@greyhighlands.ca
July 06, 2022
Premier Ford
Legislative Building
Queen’s Park
Toronto, ON M7A 1A1 Sent via email: premier@ontario.ca
Honourable Premiere Ford,
Re: Grey Highlands Council resolution 2022-421 – Support for the Town of the Blue Mountains
motion re: Voter’s List Information for Candidates
Please be advised that the following resolution was passed unanimously at the July 06, 2022 meeting of the Council of the Municipality of Grey Highlands.
2022-421
Dane Nielsen, Tom Allwood
That Council receive the correspondence from the Town of the Blue Mountains
for information; and
That Council direct staff to forward a letter of support to all those indicated in the resolution from the Town of the Blue Mountains and the Association of
Municipalities of Ontario.
By a vote of 7-0, CARRIED.
Yea: Dane Nielsen, Paul McQueen, Aakash Desai, Paul Allen, Tom Allwood, Cathy Little,
and Danielle Valiquette
Nay: None.
The Municipal Elections Act states in s. 23(4) (emphasis added):
Copies for candidates
(4) On the written request of a certified candidate for an office, the clerk shall provide him or her withthe part of the voters’ list that contains the names of the electors who are entitled to vote for thatoffice. 1996, c. 32, Sched., s. 23 (4); 2016, c. 15, s. 17 (2).
The Municipality of Grey Highlands
206 Toronto Street South, Unit One - P.O. Box 409 Markdale, Ontario N0C 1H0
519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643
www.greyhighlands.ca info@greyhighlands.ca
This wording limits Municipal Clerks from providing mailing addresses to candidates who may wish to send out candidate information to the electorate within their municipality and has
provided confusion amongst those wishing to interpret this legislation. It is the hope that
through this campaign, that the Ministry of Municipal Affairs and Housing will conduct a review of
this section of the legislation to provide the clarity being sought and potentially amend the
legislation to allow for the release mailing addresses of the electorate in addition to the names
provided to Candidates.
I have attached the original motion from the Town of The Blue Mountains for your information.
If you require anything further, please contact this office.
Sincerely,
Raylene Martell
Director of Corporate and Legislative Services/Municipal Clerk
Municipality of Grey Highlands
Encl.
Cc: All Ontario Municipalities via email
Minister of Municipal Affairs and Housing via email: Steve.Clark@pc.ola.org
Canadian Civil Liberties Association via email: administration@ccla.org
Association of Municipalities of Ontario via email: resolutions@amo.on.ca
YES: 6
NO: 0
CONFLICT: 0
ABSENT: 1
The Town of The Blue Mountains
Council Meeting
Title:Mayor Soever Notice of Motion May 10, 2022
Date:Tuesday, May 24, 2022
Moved by:Mayor Soever
Seconded by:Councillor Hope
WHEREAS it is in the best interest of good government and the democratic process that all Ontarians have
access to candidate information during the upcoming municipal elections; and,
WHEREAS the clerks of some municipalities do not supply the mailing addresses of voters on the voters list to
candidates, thereby limiting the access of voters who have mailing addresses outside the municipality to
candidate information, effectively disenfranchising them;
BE IT RESOLVED THAT the Council of the Town of The Blue Mountains expresses it support for the inclusion of
the mailing addresses of voters on voter’s lists provided to candidates;
AND THAT a copy of this resolution be sent to all municipalities in Ontario to ask for their support;
AND THAT a copy of this resolution be sent to the Premier of Ontario and the Minister of Municipal Affairs and
Housing;
AND THAT a copy of this resolution be sent to the Canadian Civil Liberties Association
YES: 6 NO: 0 CONFLICT: 0 ABSENT: 1
The motion is Carried
Mayor Soever
Councillor Sampson
Deputy Mayor Bordignon
Councillor Bill Abbotts
Councillor Hope Councillor Matrosovs
Councillor Uram
THE CORPORATION OF THE
TOWNSHIP OF MATACHEWAN
June 28, 2022
Premier Doug Ford
Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1
Dear Premier Ford:
At the meeting held on June 15, 2022, the Council of the Corporation of the Township of Matachewan passed Resolution 2022-148 supporting the
inclusion of the mailing addresses of voters on voter's lists provided to
candidates.
A copy of Resolution 2022-148 is attached. Your consideration and support of this resolution would be greatly appreciated.
Barbara Knauth Deputy Clerk
:bk
cc: Ontario Municipalities Steven Clark -Ministry of Municipal Affairs and Housing
Canadian Civil Liberties Association
P.O. Box 177, Matachewan, ON POK 1M0 deputyclerktreasurer@matachewan.ca www.matachewan.com Phone: 705-565-2274 Fax: 705-565-2564
July 13, 2022
CLIMATE EMERGENCY DECLARATION At the meeting held on July 6, 2022, Council of the Township of Mulmur passed the
following resolution.
Moved by Boxem Seconded by Clark WHEREAS the impacts of climate change are being felt in Mulmur and will continue to intensify, posing acute and lasting risks to people, business, and natural ecosystems;
AND WHEREAS these risks include, but are not limited to, extreme weather, threats to human health and wellbeing, economic disruption, food and water insecurity, social instability and threats to all other life on earth;
AND WHEREAS Mulmur has a crucial role to play in responding to, changing and mitigating the contributions to climate change through responsible planning and budgeting; AND WHEREAS Council's Strategic Plan identifies a priority path of “Growing a
Sustainable Mulmur: being proactive in sustainable initiatives to ensure the long term well-being of Mulmur”; AND WHEREAS the Township of Mulmur’s Official Plan provides a policy for growth management where land use patterns shall “minimize negative impacts to
air quality and climate change, and promote energy efficiency”; NOW THEREFORE BE IT RESOLVED THAT Council of the Township of Mulmur declare a Climate Emergency for the purpose of recognizing and deepening our commitment to protecting our economy, ecosystems, and
community from climate change; AND THAT, in response to this Climate Emergency, Council seeks to limit its contributions to the climate crisis, by way of the following actions:
1. That Council review the current Strategic Plan action items for “Growing a Sustainable Mulmur” to reprioritize commitments and identify additional areas to take action. 2. That Council direct staff to identify climate change options at budget time for Council consideration.
3. That Council direct staff to arrange training on climate change and climate lens adaptation to be scheduled in 2023. AND FURTHER THAT this resolution be forwarded to all Ontario municipalities for their information and potential action.
CARRIED.
Sincerely,
Tracey Atkinson
Tracey Atkinson, CAO/Clerk/Planner Township of Mulmur
Office of the President
1525 Cornwall Road
Oakville ON
L6J 0B2
Jun 13, 2022
Municipal Councils of Ontario
Subject: The Retention of Professional Engineers at Ontario Municipalities
The purpose of this letter is to stress the importance that municipal engineers play in the successful
operation of cities, counties, towns, and townships across Ontario.
The Municipal Engineers Association (MEA) is a non-profit association representing the municipal
engineering field in Ontario. We have a membership base of over 1,000 municipal engineers across
Ontario who are employed as professional engineers at Ontario municipalities and other provincial
agencies serving in the engineering/public works field.
We advocate for sustainable municipal infrastructure practices and our members provide significant
input into the development of processes, standards, and specifications for use in municipal
infrastructure systems such as drinking water delivery, wastewater collection and treatment, storm
water management, waste management and transportation systems.
The MEA has been the proponent for the Municipal Class Environmental Assessment process since the
mid-1980s. We are also a co-proponent of Ontario Provincial Standards & Specifications that many
Ontario municipalities use when planning for and tendering municipal engineering projects.
There are a number of examples in various current legislation, where the use of a professional engineer
is referenced. Key tasks include roles in transportation, natural resources, health and safety, consumer
services, environment, tourism, agriculture, climate change, and energy. It is essential that
municipalities consider the appointment of professional engineers, especially within the areas of
engineering and public works, to afford municipal councils the appropriate due diligence toward public
safety. Unfortunately, we are observing a concerning trend where this is no longer the case.
Professional engineers, through education and practical experience requirements, have the knowledge
and foresight to not only understand the ‘how’ of an issue, but also understand the ‘why’ behind issues
as well. Professional engineers are licensed to practice in Ontario through the Professional Engineers
Act and are bound by statutory accountabilities, which includes a code of ethics. Under this code,
professional engineers are required to act at all times with fidelity to public needs; professional
engineers regard their duty to public welfare and safety as paramount.
Professional engineers also provide significant value to municipalities through their understanding of
risk management, which assists in lowering exposure to claims against a municipality. With insurance
premiums rising every year, it is prudent that municipalities appoint a professional engineer to guide
these decision-making processes.
Office of the President
1525 Cornwall Road
Oakville ON
L6J 0B2
As of December 31, 2019, there were 57,134 practicing professional engineers licensed and practicing in
the Province of Ontario. Of this number, only 136 professional engineers work for municipalities with a
population of 50,000 or less. This represents only 0.2% of licensed and practicing Ontario Professional
Engineers being employed by Ontario municipalities serving populations of less than 50,000. Many of
these smaller municipalities have a Public Works/Engineering Department head and would benefit by
appointing a Professional Engineer.
The vast majority of professional engineers working at Ontario municipalities are employed by larger
urban centres having a population greater than 50,000.
For smaller municipalities that do not have the financial resources to employ a full-time professional
engineer on their staff, the MEA recommends the appointment of a professional engineer through a
licensed consulting firm so that your municipality may meet the needs only a professional engineer can
provide.
We would also like to take this opportunity to promote membership in the MEA. There are Ontario
municipalities that currently do not have representation in the MEA. If you have a professional
engineer(s) on staff and they are not MEA members, we encourage your municipality to have them
apply. The MEA offers members access to knowledge, learning and the ability to stay up to date with
current industry practices. It truly is great value for a very nominal fee.
On behalf of the MEA, we thank you for taking time to review this letter. Should you have any
questions, please reach out to the MEA’s Executive Director, Dan Cozzi, P. Eng. at
dan.cozzi@municipalengineers.on.ca.
Yours sincerely,
__________________________
Jason Cole, P. Eng.,
MEA President 2021 - 2022
[Type text]
Media Release Date: June 29, 2022
Hospital Human Resource Pressures Expected to Continue Throughout Summer Months
(Ingersoll/Tillsonburg, ON) Hospitals across the South West continue to experience human resources
shortages, including physicians, and all Hospitals are working closely together to minimize potential
service impacts and manage wait times. Despite the incredible efforts of all staff and physicians, and
after a very challenging two years, it is becoming increasingly difficult to staff all programs and
services. In fact, localized nursing shortages in some areas of the South West have already resulted in
overnight Emergency Department closures and temporary suspensions of Labour and Delivery
Services.
At the request of Ontario Health West, all hospitals in the South West region have prepared a
coordinated summer planning overview that predicts staff availability across programs such as
Emergency, Surgery, Labour and Delivery and Laboratory. The goal of the overview is to identify
where there are concerns regarding consistent service provision and to ensure that necessary
contingency and communication plans are in place.
“Where service adjustments become unavoidable, often at the last minute due to either unplanned
staff absences or high bed occupancy, our commitment is to make sure that all health care partners
and communities are aware,” says Nadia Facca, President & CEO. “Our commitment to providing high
quality, safe health care services will be balanced with the availability of resources and the wellness
of our teams.”
Over the past four years, more than 4,400 staff have retired from the health care field with the
number of unfilled positions in 2021 increasing 91% from the previous year. As 1 in 5 staff are over
the age of 50, turnover in the health care field is expected to remain high. In a recent Ontario
Hospital Association survey, burnout and stress from caring for patients during the COVID-19
pandemic were the main reasons cited by staff currently leaving their roles.
Hospitals are very aware that all health care partners are facing the same staffing challenges. We all
have a shared responsibility to look to broader system solutions to ensure our health care programs
and services are provided in a manner that reflects the staffing realities we are collectively facing now
and into the future.
In emergency situations, hospitals remind the public to call 9-1-1, as Emergency Medical Services
(EMS) are a key part of our Emergency Response Team. These team members will start immediate
care when dispatched and will transport patients to the best hospital location for continued care.
Continued……page 2
[Type text]
If your needs are non-urgent, please consider other health system supports, such as your primary
care provider’s office or Health Connect Ontario (former Telehealth Ontario).
-30- Media Contact: Nadia Facca, President and Chief Executive Officer
Phone Number: AHI 519-485-1700 ext. 8234 or TDMH 519-842-3611 ext. 5303
ALEXANDRA HOSPITAL, INGERSOLL
29 Noxon St., Ingersoll, ON N5C 1B8 Phone: 519-485-1732 Fax: 519-485-9606 www.alexandrahospital.on.ca
TILLSONBURG DISTRICT MEMORIAL HOSPITAL
167 Rolph St., Tillsonburg, ON N4G 3Y9 Phone: 519-842-3611 Fax: 519-842-6733 www.tillsonburghospital.on.ca
Council Receives Population
Housing and Employment
Forecasts and Associated Needs
Analysis
Terrace Lodge Remains on
Budget and On-Time with
Tremendous Community
Fundraising Support
Human Resources Policy Updates
Council Approves Updated
Strategy for Economic
Development and Tourism
Traffic Signal Modernization –
Contract Award
Council Approves Draft Plan of
Subdivision for Straffordville
June 28, 2022
Elgin County Council Highlights
June 28 2022 www.elgincounty.ca
In this Issue
Council Receives Population
Housing and Employment
Forecasts and Associated Needs
Analysis
1
Elgin County’s Official Plan update is
currently underway and to support this
update, Hemson Consulting has been
updating long-range growth outlooks
including: Growth forecasts to 2046 and
2051 and a Lands Needs Assessment. The
report finds that there has been increased
population growth in Elgin since 2016. This
growth is concentrated in Central Elgin,
Bayham, Malahide and Aylmer, but growth
pressures are widespread and present in
all communities.
The full report is included in the June 28,
2022 County Council Agenda Package.
June 28, 20222
Terrace Lodge Remains on Budget and On-Time with Tremendous
Community Fundraising Support
January 2022 – Exterior sheathing installation, interior metal stud framing and door
frame installation, roofing system installation progressing.
February 2022 – Exterior window frame and glazing installation proceeding.
Mechanical and electrical rough-in proceeding, receiving addition elevator shaft
construction started.
March 2021 – Exterior window frame and glazing installation continuing, mechanical
and electrical rough-ins continuing, roofing system cap sheet installation
progressing.
April 2022 – Brick veneer installation (south wing), installation of air/vapour barrier
(north wing), the start of drywall installation (North wing)
May 2022 – Brick veneer installation ongoing, drywall ongoing, receiving area addition
wall framing and sheathing completed.
June 2022 – Exterior brick veneer and siding installation ongoing, drywall ongoing,
receiving addition roof nearing completion.
As the 2022 construction season enters its second half, Phase One of the Terrace Lodge
Redevelopment Project is progressing in general conformity to the approved
construction schedule, and at this time is on track to move to Phase Two in late 2022. A
4-week schedule delay experienced thus far in 2022 was predominantly the result of a
Construction Labour Action by a number of trades throughout the Province, resulting in
suspension of work for a number of trades. A detailed summary of construction progress
achieved to this point of 2022 is as follows;
The project can be followed on the communications website:
https://engageelgin.ca/tlredevelopment.
The Fundraising Committee continues to plan, coordinate, implement and evaluate its
activities in support of the Comforts of Home fundraising campaign. This campaign is
designed to enhance the Terrace Lodge Redevelopment Project with amenities that will
provide a more home-like environment for the residents. $288,741.00 has been donated
towards the campaign to date. You can follow the progress as regular updates are made
to the online catalogue at www.donatetoterracelodge.ca.
Mileage Policy
County Council approved the amended HR Policy 10.50 Mileage, adopting the
Canadian Revenue Agency’s recommended mileage rate of $0.61 per kilometre. The
County’s previous rate of $0.45 per kilometre had not been adjusted in over a decade.
Dress Code Policy
County Council also approved an amended HR Policy 2.20 Dress Code. Amendments
focused on modernizing the existing code to be consistent with comparator trends,
and equity, diversity and inclusion (EDI) requirements.
The Dress Code policy must support staff in safely and comfortably fulfilling the duties
of their jobs. Given the diversity of position responsibilities across the organization, the
dress code policy cannot be overly prescriptive, but must instead focus on overall
corporate expectations, safety, and professionalism. Any references to gender-specific
requirements have been removed or amended; ensuring Human Rights Code
compliance and support for EDI.
Complete updated policies are included in the June 28, 2022 County Council Agenda
Package.
June 28, 2022
Human Resources Policy Updates
3
Elgin County Council has approved a new Economic Development Strategy for 2022-
2025. This strategy affirms the County’s commitment to re-evaluate how it spends its
time and resources so that Economic Development and Tourism can better support
local entrepreneurs and foster an environment of opportunity for the County, its
residents and businesses.
This Strategy will direct the efforts of the department over the next four (4) years, and
staff will develop a detailed action plan to support the Strategy, which will include
performance indicators, timelines, and required resources. The performance indicators
will ensure that the priorities and actions outlined in the strategy meet the needs of
the community. As staff engage with the community, they will review what they hear
and improve the strategy to ensure that the County provides the best support possible
to Local Municipal Partners and the business community.
The complete 2022-2025 Economic Development and Tourism Strategy is contained in
the June 28, 2022 County Council Agenda Package.
Council Approves Updated Strategy for Economic Development and
Tourism
For the complete June 28, 2022 County Council Agenda Package
please visit the Elgin County website.
As part of its 2022 Action Plan associated with the 2020-2022 Council Strategic Plan,
Elgin County Council identified housing as one if its priorities for 2022. Council
requested a summary of actions being taken by the County, its partners, and senior
levels of government related to affordable housing. A summary report was presented
to Council that included Federal Government Budget initiatives related to affordable
housing, a summary of the Province of Ontario’s Bill 109, the More Homes for Everyone
Act, and a list of housing initiatives currently being undertaken by Elgin County.
For the full summary please see the June 28, 2022 County Council Agenda Package.
June 28 20224
Council Receives Affordable Housing Summary
County Council awarded the contract for Traffic Signal Modernization to Fortran Traffic
Systems Inc. for a one-year term and authorized staff to extend the contract for an
additional four (4) one-year terms, in accordance with section 7.6 of the Procurement
Policy, subject to satisfactory performance during the initial one-year contract term,
pricing and budget approval.
Traffic Signal Modernization – Contract Award
Elgin County Council granted draft plan approval to the Draft Plan of Subdivision
proposed by CJDL Engineering Ltd. File No. 34T-BY2101. The subject lands are located
on lands known municipally as 8341 Sandytown Road in Straffordville approximately
100 m north of the intersection of Sandytown and Heritage Line in the community of
Straffordville. The owner is requesting draft approval of a 5.9 ha plan of subdivision
composed of 39 single-detached building lots to be developed in two phases (one
phase of 13 lots, and the second phase of 26 lots), as well as a stormwater
management block; a block containing a pumping station; and associated road
widening.
Full details and conditions of approval are included in the June 28, 2022 County
Council Agenda Package.
Council Approves Draft Plan of Subdivision for Straffordville
Economic Development & Tourism
unveils "Welcome Home" Video
Campaign to Council
Council approves a Parking By-
Law Amendment for Port Stanley
Council approves a Parking By-
Law Amendment for Union Road
Council Attends Highwheel Way &
Mural Project Ribbon Cutting
Serenity House Hospice donates
iPads to Elgin's Long-Term Care
Homes
July 12, 2022
Elgin County Council Highlights
July 12, 2022 www.elgincounty.ca
In this Issue
Economic Development & Tourism
unveils "Welcome Home" Video
Campaign to Council
1
At its meeting on July 12, 2022, County
Council was among the first to view two
new promotional videos executed by the
County's Economic Development &
Tourism department.
Over the past several months, Economic
Development staff have worked diligently
with a local videographer to create seven
(7) short videos that feature each of the
seven (7) Local Municipalities within Elgin
County. These videos will be included in a
summer-long video campaign, with the
County featuring a different municipality
each week.
July 12, 20222
Council approves a Parking By-Law Amendment for Port Stanley
Upon receiving a resolution from the Municipality of Central Elgin, County Council
approved the following by-law:
By-Law 20-05, “being a consolidated By-Law for the regulation of traffic including
parking on County roads” be amended to establish two (2) hour limited parking between
10am and 5pm on Friday, Saturday, Sunday and Monday; and within the following road
sections:
Economic Development unveils "Welcome Home" Video
Campaign to Council
The theme of this campaign is “Welcome Home” and it is focused on the experiences that
make a place feel like home. These videos are designed to encourage residents to re-
explore their community and to feel a sense of pride in where they live, work, and play.
While watching these videos, residents will see familiar sites, people, and establishments,
reminding them of why they chose Elgin County as their home.
Beginning July 12th, a social media campaign will begin with a Countywide video, that
will encourage residents and visitors to engage by asking them why they are proud to
call Elgin County their home or why they consider Elgin County a home away from home.
Immediately after his video's launch, there will be seven (7) more videos shared, each
featuring one of the vibrant Municipalities and charming Townships within Elgin County.
Coinciding with this social media campaign, a 30-second version of the Countywide
video will play on CTV2 for a period of four (4) weeks. This video will encourage residents
and visitors to come and explore Elgin County. Follow Elgin County on Facebook and
Instagram @elgincounty to view these videos for yourself.
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.
July 12, 20223
Council Attends Highwheel Way & Mural Project Ribbon Cutting
On Tuesday, June 28th a ribbon-cutting ceremony was held in Port Bruce to launch the
Highwheel Way Cycling Route from Aylmer to Port Bruce and to honour the newly painted
cycling murals on the washroom facility in Wonnacott Park.
This project is an excellent example of interdepartmental collaboration with staff from
the Engineering, Economic Development and Tourism, and Cultural Services departments
working closely to tie together active transportation, tourism development, heritage and
arts and culture.
Pictured below is Mike Baker (Manager of Museum & Archives), Candy McManiman
(Mural Artist), Deputy Warden Marks, and Lindsey Duncan (Tourism Officer) cutting
the ribbon in front of the newly painted mural.
Council approves a Parking By-Law Amendment for Port Stanley
Union Road (CR 20) from 645m south of Talbot Line to 870m south of Talbot Line, on
both the east and west side of Union Road
Upon receiving a resolution from the Township of Southwold, County Council approved
the following by-law:
By-Law 20-05, “being a consolidated By-Law for the regulation of traffic including
parking on County roads” be amended to establish a restricted parking area on Union
Road as follows:
For the complete July 12, 2022 County Council Agenda Package
please visit the Elgin County website.
July 12, 20224
Serenity House Hospice donates iPads to Elgin's
Long-Term Care Homes
On July 7, 2022, Serenity House Hospice visited Terrace Lodge, one of Elgin's three (3)
Long-Term Care Homes (LTCHs) to donate 3 iPads to each of our 3 LTCHs.
A sincere thank you goes out to Serenity House Hospice for their generosity and support
of Long-Term Care in the community. This donation is well-received as the Terrace
Lodge Fundraising Committee's focus this year is on ensuring current and future
residents have access to essential amenities for years to come.
Pictured below is Tanya Noble, Manager of Program & Therapy and Councillor Giguère
accepting the iPads from Peggy Rattray and Donna Lunn of Serenity House Hospice.
REPORT
TREASURY DEPARTMENT
TO: Mayor & Members of Council
FROM: Lorne James, Treasurer
DATE: July 21, 2022
REPORT: TR-12/22 SUBJECT: 2022 Q2 VARIANCE REPORT BACKGROUND
The Q2 (second quarter) financial reports are provided for Council’s fiduciary review. This Report provides a summary of current revenue and expenditure to June 30, 2022 and variances to the Operating Budget and Capital Budget.
The Operating Budget and Capital Budget is at expected levels given the cyclical nature of operations. DISCUSSION
Capital expenses have commenced in all departments. The early adoption of the budget permitted department Managers to secure competitive pricings and availability of service providers, with some projects already completed. ATTACHMENTS 1. Appendix A: 2022 Q2 Operating Revenue & Expense Variance Report 2. Appendix B: 2022 Q2 Capital Expense Variance Report RECOMMENDATION 1. THAT Staff Report TR-12/22 re 2022 Q2 Variance Report be received for information. Respectfully submitted, Reviewed by,
__________________________ __________________________ Lorne James, CPA, CA Thomas Thayer, CMO
Treasurer CAO|Clerk
Revenues
05.10 General Taxation $2,625,272 $5,250,545 50%
05.20 Other Revenues $523,730 $1,025,100 51%
10.10 General Government $55,348 $173,000 32%-transfer yet to be booked
10.20 Council $1,000 $50,100 2%-transfer yet to be booked
20.10 Fire Services $10,072 $17,500 58%
20.20 Police Services $0
20.30 Conservation Authority20.40 Building Services $115,545 $214,000 54%
20.50 Bylaw Enforcement Services $12,340 $20,000 62%
25.10 Roads $272,092 $523,879 52%
25.20 Winter Control $2,721
25.40 Street Lights
30.10 Water $220,709 $754,712 29%-timing of billing
30.15 Richmond Water $29,287 $95,012 31%-timing of billing
30.30 Waste Disposal $63,270 $147,000 43%
30.20 Waste Water $376,552 $1,007,500 37%-timing of billing35.20 Cemeteries $187 $2,000 9%-seasonal
40.10 General Assistance
45.10 Parks & Recreation $890 $2,600 34%-seasonal
45.20 Straffordville Community Centre $4,746
45.30 Vienna Community Centre
45.40 Libraries $38,466 $73,064 53%
45.50 Museums $13,305 $24,200 55%
50.10 Planning, Development & Tourism $59,360 $64,500 92%50.15 Tourism & Marketing $15,610 $15,000 104%
50.20 Environmental Services $6,500 0%- superindentant grant
Capital $919,275 $6,117,500 15%- capital works in early stages
Expenditures
05.10 General Taxation -$1,521 $31,139 -5%
05.20 Other Revenues10.10 General Government $695,212 $1,245,241 56%
10.20 Council $52,377 $143,456 37%-election expenses to come
20.10 Fire Services $255,385 $555,705 46%
20.20 Police Services $151,773 $945,575 16%-timing of billing
20.30 Conservation Authority $75,555 $99,644 76%
20.40 Building Services $80,320 $148,200 54%
20.50 Bylaw Enforcement Services $21,472 $50,626 42%
25.10 Roads $917,695 $1,627,695 56%25.20 Winter Control $69,824 $115,234 61%
25.40 Street Lights $18,832 $35,500 53%
30.10 Water $239,258 $754,712 32%-transfer yet to be booked
30.15 Richmond Water $30,219 $95,011 32%-transfer yet to be booked
30.20 Waste Water $330,268 $1,007,499 33%-transfer yet to be booked
30.30 Waste Disposal $250,897 $564,000 44%
35.20 Cemeteries $7,096 $17,500 41%
40.10 General Assistance $2,000 $7,000 29%
45.10 Parks & Recreation $39,690 $84,177 47%
45.20 Straffordville Community Centre $25,658 $37,552 68%
45.30 Vienna Community Centre $12,354 $26,152 47%
45.40 Libraries $27,751 $73,064 38%
45.50 Museums $28,043 $61,260 46%
50.10 Planning, Development & Tourism $87,677 $153,874 57%
50.15 Tourism & Marketing $31,106 $64,449 48%
50.20 Environmental Services $5,322 $15,448 34%
Capital $1,066,191 $7,114,000 15%- capital works in early stages
Municipality of BayhamAppendix A: 2022 Q2 Operating Revenue and Expense Variance Report
2022 Actuals 2022 Budget % Consumed
2022 2022 %
Actuals Budget Consumed
General Government
Council Computers -$ 10,000$ 0%Laserfiche Forms -$ 10,000$ 0%
Liability Reserve Transfer 15,000$ 15,000$ 100%
Working Capital Transfer 10,000$ 10,000$ 100%
Election Reserve Transfer 15,000$ 15,000$ 100%
Guarantorship Loan Reserve Transfer 100,000$ 100,000$ 100%deferred to operating
Fire
Fire Equipment Reserve Transfer 160,000$ 160,000$ 100%
PPE Bunker Gear 18,011$ 25,000$ 72%
Water Flow Survey/ Dry Hydrant Install -$ 29,000$ 0%
Roads
Eden Line Culvert 35,000$ 0%
Coyle Road 60,000$ 0%
Best Line Culvert 35,000$ 0%
Backhoe 174,125$ 180,000$ 97%done
Pressey Line 13,898$ 27,500$ 51%
Murray Road 9,602$ 85,000$ 11%
Maple Grove Line 5,580$ 140,000$ 4%
Springer Hill Road 9,687$ 140,000$ 7%
Eden Line 3,626$ 50,000$ 7%Stafford Road 50,000$ 0%
Carson Road 1,716$ 125,000$ 1%
Clarke Road 20,674$ 100,000$ 21%
Coyle Road 7,258$ 280,000$ 3%Gravel Program 190,000$ 0%
Road Side Brushing 8,029$ 30,000$ 27%
Hill Management 40,596$ 30,000$ 135%
CRF - Vienna Sidewalk Program 300,000$ 0%PB Storm Sewer - Phase 1C-D 2,500,000$ 0%
B & C Inspection 10,000$ 0%
Laserfiche Forms -$ 10,000$ 0%
Sidewalks 6,123$ 100,000$ 6%
Road Signs 5,000$ 0%
Public Works - Road Transfer 210,000$ 0%not booked yet
Guardrails 10,000$ 0%
Water
Equipment Richmond 15,000$ 0%
Laserfiche Forms 10,000$ 0%
Richmond-Well level monitoring 15,000$ 0%
Waster Water
System Equipment 17,532$ 45,000$ 39%
UV System Upgrades 26,081$ 50,000$ 52%
Laserfiche Forms 10,000$ 0%Manhole Rehab 25,000$ 0%
Parks
Quality of Place Initiatives 59,500$ 0%Beach Amenities 9,399$ 10,000$ 94%done
Port Burwell Tennis Court 15,000$ 0%
FacilitiesStraffordville Library HVAC 12,145$ 15,000$ 81%
Touchless Renovations 45,000$ 0%
VCC Water Funance 65,000$ 0%
SCC Expansion 2,003,000$ 0%PB Lighthouse 165,000$ 0%
Municipality of BayhamAppendix B: 2022 Q2 Capital Expense Variance Report
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: July 21, 2022
REPORT: CAO-31/22 SUBJECT: CORPORATE MILEAGE RATE
BACKGROUND:
On June 20, 2019, Council received Report CAO-38/19 re Capital Item No. GG-1 Market Analysis, which presented Council with a Market Analysis for compensation conducted and completed by Ward and Uptigrove. Accordingly, Council passed the following motion:
Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-38/19 re Capital Item No. GG-1 Market Analysis be received for information; AND THAT staff be directed to implement the 2019 market adjusted Municipal of Bayham pay bands effective July 1, 2019; AND THAT staff be directed to increase the corporate mileage rate from 45 cents to
49.5 cents effective July 1, 2019; AND THAT staff be directed to increase the annual stipend pay of Ward Councillors
from $11,347.20 to $12,500 effective July 1, 2019. On October 6, 2021, Council received the draft 2022-2031 Capital Budget as presented by the
Treasurer and passed the following motion: Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT Report TR-12/21 re 2022-2031 Capital Budget be received for information;
AND THAT Council approve in principle the 2022-2031 Capital Budget.
The 2022-2031 Capital Budget included Item No. GG-02 – Market Analysis – for the 2023
calendar year, as an update to Item No. GG-01 – Market Analysis – from the 2019 Capital Budget. In late-2021, the Municipality was advised by Elgin County Human Resources (HR) staff that a comparator review of the County’s mileage rates was being conducted. Staff, at the time, asked to be kept apprised of any updates or Reports stemming from such a review as any findings could have merit to ensuring Bayham’s policy with respect to mileage reimbursement is competitive with its neighbours. DISCUSSION
Comparator mileage rates were gathered toward the end of 2021 by Elgin County HR staff. Twenty-eight (28) neighbouring municipalities were considered during the review, establishing a comprehensive list of 29 total municipalities on which to rank Bayham’s current practice.
The findings demonstrate that Bayham’s mileage rate has fallen well behind comparators. Currently, Bayham’s mileage rate is $0.495/km. This is the same as Elgin County’s and ranks
Bayham in the bottom quarter of all municipalities studied. The overall average across the group of twenty-eight surrounding municipal comparators
gathered was $0.54/km (2021 rates). When strictly looking at Elgin County and its other lower tier municipalities, the average is $0.493, indicating that Elgin municipalities have fallen behind municipal comparators and the Canadian Revenue Agency (CRA) recommended rate, in general. The 2021 CRA recommended mileage reimbursement rate was $0.59/km, and increased to $0.61/km for 2022. Every December, CRA posts the recommended mileage rate for the following year; with separate rates for the first 5000 kilometres claimed, and for kilometres beyond 5000 incurred in a given calendar year. Ten of the twenty-eight comparators (excluding Elgin County municipalities) automatically implement the annually-posted CRA rate.
Based on discussions with the Treasurer, if Council were to establish the CRA rate as the established mileage reimbursement rate, the impact to the operating budget line for Mileage would be minimal – approximately $300/year, recognizing that this impact would be variable
depending on how much mileage is claimed in a given year. In order to ensure mileage reimbursement rates remain in line with the associated costs of
driving and maintaining a personal vehicle in an inflationary environment, Council may deem it prudent to consider increasing the Municipality’s mileage rate at this juncture. If Council is amenable, staff would recommended tying the Municipality’s mileage rate to the CRA rate, which means that it will be variable depending on the calendar year and would require no further consideration by Council unless Council, at some point in the future, wishes to decouple from the CRA’s mileage rate.
It is worth noting as well that, as a part of the approved 2022-2031 Capital Budget, a General Government Capital item (Item No. GG-02) exists in 2023 for an update to the previous Market
Analysis and it would be expected that during this review, the mileage rate would be reviewed. Council may also choose to receive this Report for information and defer any consideration of
an updated corporate mileage rate until the 2023 Market Analysis per Capital Item No. GG-02.
RECOMMENDATION 1. THAT Report CAO-31/22 re Corporate Mileage Rate be received for information; 2. THAT Council provide direction to staff regarding the Municipality’s mileage rate. Respectfully Submitted by:
Thomas Thayer, CMO
CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: July 21, 2022
REPORT: CAO-32/22 SUBJECT: TRIAL OF OPEN FORUM – PROCEDURAL BY-LAW
BACKGROUND:
At its January 6, 2022 meeting, Council received Report CAO-01/22 re Procedural By-law. The Report outlined a consolidation of the existing Procedural By-law and two subsequent amendments along with a few specific amendments to clarify language.
One of the further changes was the consideration of an Open Forum. The Open Forum would provide residents another mechanism to provide comment to Council on Agenda matters and
was proposed as subject to the following criteria:
Open Forum shall last no longer than ten (10) minutes;
Each speaker shall be required to register with the Clerk in writing prior to noon on the
day of a Council meeting, by providing their name and address and agenda item number, which may become part of the public record;
The Chair shall call upon the registered speakers in order of their registration
A speaker shall be limited to two (2) minutes;
Each speaker is permitted to speak only once;
No discussion or debate will occur during the Open Forum;
No decision or motion shall be made as a result of comment made during Open Forum;
Comments made during Open Forum will not form part of the minutes of the meeting;
The following matters will not be permitted during Open Forum:
o Comments/complaints against Members of Council or Municipal staff;
o Closed Session agenda items;
o Comments with respect to Minutes of Council or Committees;
o Comments that are contrary to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
o Comments with respect to any applications which have proceeded through a
Public Meeting in accordance with the Planning Act, with the exception of a comment related to a recommendation contained in a Staff Report.
The Chair may conclude Open Forum prior to the (10) minute maximum time limit for
non-compliance with the Open Forum parameters, conduct of members of the public, or any other reason.
With respect to Report CAO-01/22, Council passed the following motions: Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the inclusion of a Trial Open Forum for a period of six months be approved. Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-01/22 re Procedural By-law be received for information;
THAT the amendments as noted in Report CAO-01/22 be approved; AND THAT staff be directed to bring forward a Procedural By-law for Council consideration.
Accordingly, the Procedural By-law and Open Forum came into effect with the first effective meeting with the Open Forum being January 20, 2022. DISCUSSION In accordance with Council’s direction, the Open Forum trial lasted for six (6) months,
commencing January 7, 2022 and included the following eleven (11) meeting dates:
January 20, 2022
February 3, 2022
February 17, 2022
March 3, 2022
March 17, 2022
April 7, 2022
April 21, 2022
May 5, 2022
May 19, 2022
June 2, 2022
June 16, 2022 The table, below, is a breakdown by meeting date of how many members of the public chose to utilize the Open Forum option to provide input to Council on Agenda items: Date Number of Open Forum Speakers January 20 3
February 3 1
February 17 0
March 3 1
March 17 0
April 7 0
April 21 0
May 5 1
May 19 0 June 2 0 June 16 0 Total 6
The items that were addressed during the trial of the Open Forum have pertained to two general matters:
Items associated with the Municipality’s Community Centres (5 speakers)
Items associated with proposed Plans of Subdivision (1 speaker) The Open Forum is a ten (10)-minute period during each Regular Council session, where
members of the public are permitted to register ahead of time and then speak for up to two (2) minutes on an item(s) on the night’s Agenda, subject to certain limitations. This means that there are potentially five (5) speaking slots – at minimum – at a given Regular Council meeting. As eleven (11) meetings have lapsed during the trial, this is a minimum of possible 55 speaking slots for members of the public to utilize to provide verbal input to Council on Agenda matters. Of the 55 potential slots, only six (6) were used, including only one (1) over the last half of the trial period. This represents an 11 percent uptake and speaks to a generally low interest in the Open Forum over the trial period, save and except for a few members of the public who have chosen to utilize the mechanism.
Council should note that if the data from the January 20, 2022 meeting is removed as an outlier (i.e. when the Vienna Community Centre (VCC) public comments were being considered – an
outlier item being part of an uncommon disposition of a prominent Municipal non-core asset), uptake is 3/50, or only 6 percent.
Further, it appears that the individuals partaking in the Open Forum are generally the same individuals utilizing the Open Forum on multiple occasions. In fact, one individual has spoken to three separate items at three separate meetings and accounts for 50 percent of the Open Forum uptake. It is worth noting that no Open Forum requests were made on a number of key Council items including:
Annual fire and by-law reports;
Annual water inspection reports;
Annual financial reports (various)
Auditor’s Presentation – Consolidated Financial Statements
Election reports (various)
Household Curbside Pick-up
Investing of VCIRF funds and additional cash-on-hand
Municipal Accommodation Tax (MAT)
Port Burwell Boardwalk correspondence / items
Vienna Community Centre (VCC) Allocation of Funds
Staff are seeking Council’s direction regarding the future of the Open Forum as a Regular Council Meeting item. It should be noted that, if Council wishes to repeal the Open Forum
language and provisions from the Procedural By-law, members of the public can still provide input to Council via the following avenues:
Requesting Delegation status at a Council meeting;
Submitting written correspondence for Council’s consideration; and/or
Contacting any Member of Council via phone/email, etc. to voice their views on matters.
RECOMMENDATION 1. THAT Report CAO-32/22 re Trial of Open Forum be received for information; 2. AND THAT Council provide direction regarding whether to continue with the Open Forum as a permanent Agenda Item or repeal the existing Open Forum language and provisions in the Procedural By-law. Respectfully Submitted by:
Thomas Thayer, CMO CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: July 21, 2022
REPORT: CAO-33/22 SUBJECT: PUBLIC COMMENTS RECEIVED – STOP UP, CLOSE, AND CONVEY OF A
PORTION OF DENNIS ROAD AND A PORTION OF WOODWORTH ROAD
BACKGROUND Consent Application E58-18 was applied for and granted conditional approval by Elgin County Land Division on August 25, 2021. One of the conditions of Consent Application E58-18 is the conveyance of a portion of Dennis Road from the Municipality to the adjacent landowner. At its May 19, 2022 meeting, Bayham Council passed the following motion: Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Confidential Report re sale or disposition of land (Dennis Road and Woodworth
Road) be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham deems Part 1 on survey 8-L-5378-Z and Parts 2 and 3 on survey 9-L-5375-Z surplus to the needs of the municipality for purposes of conveyance;
AND THAT public comment periods for stop-up and close and sale be commenced in accordance with Municipal Policy. In accordance, the Municipality conducted a public comment period consistent with stop-up and close requirements and the Sale of Surplus Municipal Lands Policy. The notice was posted to the
website and was included in the Aylmer Express. The comment period closed on July 8, 2022. DISCUSSION
35 comments were received on the proposed stop-up, close, and conveyance of Part 1 on survey
8-L-5378-Z (since registered as R-plan 11R-10884) and Parts 2 and 3 on survey 9-L-5375-Z (since
registered as R-plan 11R-10885).
The comments all raised concerns regarding access to the Otter Creek along the Dennis Road road
allowance and access for kayakers/other users and rescue crews, should rescue of a kayaker/other
user be required along the stretch of the Otter Creek between Vienna and Calton.
Access at this point has been a convenience for many years, however, the Municipality is under no
obligation to provide access. The only obligations the Municipality has with respect to the Otter
Creek is not to impede navigability of a navigable waterway. Conveyance of the identified lands to
private landowners does not impede navigability.
There is also the possibility that interested groups may enter into Agreement with the private
landowner for access over the lands to the Otter Creek for such purposes, but this would not be a
Municipal matter.
Also, it is worth reiterating that the conveyance of the identified portion of Dennis Road is a
condition of an active Consent application, which would lapse should the conveyance not proceed.
The Municipality, as a commenting body on Consent Application E58-18, assented to the draft
conditions on October 2, 2019, which included the future conveyance in question as Condition #1:
1. As per Municipal Sale and Disposition of Land by-law, an agreement with Chad
Underhill to purchase the road allowance and bridge “as is where is” ts the southerly
end of Dennis Road including that parcel of land south of the bridge connecting to the
requested easement located on Concession 3 between North Part Lots 6 and 7
including the Municipality retaining a catch basin servicing easement.
Lastly, no comments were received pertaining to the stop-up, close, and conveyance of the
identified portions of Woodworth Road.
ATTACHMENTS
1. Public Comments, received June 20, 2022 - July 8, 2022 RECOMMENDATION 1. THAT Report CAO-33/22 re Public Comments Received – Stop-up, Close, and Convey of a Portion of Dennis Road and a Portion of Woodworth Road be received for information. Respectfully submitted by, __________________________ Thomas Thayer, CMO CAO|Clerk
1
Thomas Thayer
From:
Sent:
To:
Subject:
Robert Maertens
July 7, 2022 11:30 AM
Consultations
Dennis Sideroad potential closure.
CAUTION: This email originated from outside of the Municipality of Bayham email system.
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sender and know the content is safe.
My name is Robert Maertens and I live at 54025 Calton Line Municipality Bayham.
This letter outlines questions and concerns about the proposed Dennis sideroad etc. closure and conveyance
of the same.
I have used the Dennis Sideroad for unrestricted access to the Otter Creek since 1975,
The Dennis Sideroad was upgraded to its current status and present good shape a few years ago with
Municipal Property taxes including mine. If closed, these taxes become a waste.
Now it appears that the Municipality is spending more tax dollars doing concrete abutment work on
municipality property as protected by traffic cones identified as Municipality cones on the road allowance
proposed for closure.
Why is this occurring at this time? If not the Municipality behind this construction then who is doing it on
Municipal property.
Also there is a line of concrete blocks lining the river at the bridge for some agenda to be completed. Know
of no studies or permits to allow the potential river work,
It is also understood that not all of the Dennis Sideroad would be closed in the proposal. This means that
Municipal vehicles would still have to SERVICE this road. Where to turn around? On private Property?
The best situation in my mind is as it occurs now for the turn around on the now improved road allowance at
the Otter Creek without a Closed Dennis Sideroad.
It should be noted that the Dennis Sideroad currently provides an open UNRESTRICTED EMERGENCY
ACCESS to the Otter Creek. With increased use of the Creek for recreational activity it is just a matter of when
this UNRESTRICTED access is required to save someone.
The signs coming into the Municipality of Bayham say that we are progressive in nature. The closures of the
Dennis Sideroad to the Otter Creek would be in my opinion regressive in nature and definitely not forward
looking for the future good of all.
THANK YOU TO ALL for your time and consideration of the content of this letter.
2
Thomas Thayer
From:
Sent:
To:
Subject:
Nathan Holth
July 6, 2022 4:32 PM
Consultations
Dennis Side Proposed Closure
CAUTION: This email originated from outside of the Municipality of Bayham email system.
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sender and know the content is safe.
To Whom It May Concern:
I am the author of HistoricBridges.org which is (as far as I know) the largest database of heritage bridges in
Ontario on the Internet. Among the hundreds of bridges I have visited and photographed in Ontario is the
Dennis Road Bridge. I have a page for the bridge
here: https://historicbridges.org/bridges/browser/?bridgebrowser=ontario/dennisroad/
As an increasingly rare surviving example of a riveted pony truss bridge, this bridge should be seen to have
heritage value, particularly at the local level. Riveted truss bridges are increasingly rare in Ontario as surviving
examples are demolished and replaced. The ongoing demolition and replacement project for the Victoria
Bridge in London is a good example of such losses. Among surviving riveted trusses in Ontario the Dennis Road
Bridge is noted for some unusual details including outriggers with solid riveted plate, and the use of largely
only angles to compose truss members and chords. The use of angles in these parts of the truss are similar to
older/lighter examples used by Hamilton Bridge Company, however there are enough differences that this
bridge may have been built by a different (perhaps little-known) bridge company. Lastly, the bridge is largely
unaltered from its original design, with character-defining parts of the bridge like the trusses and attractive
lattice railing remain in place on the bridge, adding to its heritage value.
I would like to express support for maintaining municipal/public ownership of this bridge, as a notable local
heritage bridge. I also have been contacted by a local resident who informs me the bridge is used by kayakers
to access the water, and that the bridge is a potentially valuable emergency access (such as for reaching
kayakers who need help). In its current condition, the bridge appears to be intact for light foot traffic. The
trusses themselves are the most important aspect of the bridge from a heritage standpoint, and are also
important for the bridge's function as a light foot traffic crossing. These have surface rust, but no heavy
section loss or pack rust that would present a safety concern for this usage. Away from corrosive winter-
deicing salts, the unpainted trusses are not a concern. And in decades to come if the concrete deck presents a
problem it could be carefully removed, and a low-cost narrow walkway could be added. This was done in
Oxford County with this
bridge: https://historicbridges.org/bridges/browser/?bridgebrowser=ontario/tr2canning/
In contrast, transfer of this bridge to private ownership would be placing a large burden on a private owner
who may not full understand the costs and responsibility associated with owning a bridge. If in future decades
the concrete deck starts falling apart, the owner will need to remove and/or replace this deck to protect
anyone using the river below. They may not be prepared for these costs.
3
Lastly, I would be strongly opposed to any demolition plans for this bridge. I hope that whatever decision is
made at least the trusses can be retained, even if the deck was removed and the trusses left as a non-
functional monument. Trusses like this also present a reuse opportunity as they are feasible to relocate and
reuse on trails in other locations. An example of this in Ontario can be seen in
Waterford: https://historicbridges.org/bridges/browser/?bridgebrowser=ontario/waterfordwestgap/
In conclusion, it is my opinion given the heritage value of the bridge, and local public interest in having a
pedestrian crossing here, that the bridge be maintained as-is for the occasional foot traffic.
Thanks,
-Nathan Holth
========================================
Nathan Holth
Author/ Photographer/Webmaster
-----HistoricBridges.org-----
"Promoting the Preservation Of Our Transportation Heritage"
---------------------------------------------------
www.historicbridges.org
========================================
Disclaimer: HistoricBridges.org is a volunteer group of private citizens. HistoricBridges.org is NOT a government agency, does not
represent or work with any governmental agencies, nor is it in any way associated with any government agency or any non-profit organization. While we strive for accuracy in our factual content, HistoricBridges.org offers no guarantee of accuracy. Opinions and
commentary are the opinions of the respective HistoricBridges.org member who made them and do not necessarily represent the
views of anyone else. HistoricBridges.org does not bear any responsibility for any consequences resulting from the use of this
communication or any other HistoricBridges.org information. Owners and users of bridges have the responsibility of correctly following all applicable laws, rules, and regulations, regardless of any HistoricBridges.org communications or information.
========================================
4
Thomas Thayer
From:
Sent:
To:
Subject:
Elizabeth Jones
July 6, 2022 9:59 AM
Consultations
public access to Dennis side road
CAUTION: This email originated from outside of the Municipality of Bayham email system.
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sender and know the content is safe.
Hello,
I'm writing in regards to the notice about the possible closure of Dennis side road, restricting access to the Otter
River.
I would appreciate the road to stay open because I take my personal kayak in the river and that location is one
of my exit points. This location is a much safer exit point then the busy calton line bridge. It is a beautiful river
and it would be a huge disappointment to my family and myself to loose access.
Please do not close the Dennis side road access to the river.
Kind regards,
Elizabeth Jones
Get Outlook for Android
5
Thomas Thayer
From:
Sent:
To:
Subject:
Carl Barley
July 5, 2022 7:34 PM
Consultations
Dennis Side Proposed Closure
CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when
clicking links or opening attachments unless you recognize the sender and know the content is safe.
Hello,
I am writing to express my concerns with the proposed closure of Dennis Road. For many years myself and family have
enjoyed the use of the Otter River, be it kayaking with local businesses, tubing with friends and family, etc. With this
proposal this will no longer be an option for us. All of the money spent in the local economy, supporting small business
will be lost. We have never sullied, damaged, or encroached on any land that is private. We use the road and river
allowance only. It makes no sense to me how this conveyance would benefit the Municipality of Bayham in the slightest.
In allowing this conveyance, it would promote the squabbling of neighbours, as well as hurting the small businesses who
operate in the area. It would be a safety concern for those of us who use the river. And it is quite mind boggling how
very unnecessary this entire proposal is. While my family is just a small number in regards to the amount of people who
use the area, it would be very appreciated to know that our wishes would be considered in regards to this matter.
Thank you for your consideration.
Carl Barley
Sent from my iPhone
6
Thomas Thayer
From:
Sent:
To:
Subject:
Racine Harlos
July 5, 2022 7:09 PM
Consultations
Dennis Side Proposed Closure
CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when
clicking links or opening attachments unless you recognize the sender and know the content is safe.
To whom it may concern
I have recently heard that there is a plan to consider closing the Dennis Side Road. I am someone who regularly
accesses through this side road to the river. We are a family of outdoor enthusiasts and enjoy time canoeing and
kayaking the Big Otter River. There have been times where we have had to utilize this access for emergency reasons.
We park our car there to drop in our canoe. We teach our children to respect others property and there is truly no use
of anyones in the area and therefore don’t believe that having the road access is an issue. I truly believe if this access is
closed and we are no longer allowed to get to the river at this spot we may have to stop enjoying the river as it will be
unsafe to have 9KM of a kayak or canoe trip without safe access in and out. We are local to Elgin county and I think it
would be truly unfortunate if it is decided to close this. If there is any more information I can provide to ensure my
family can continue to utilize this access to the river please feel free to contact me.
Thank you
Racine Harlos
Sent from my iPhone
1
Thomas Thayer
From:
Sent:
To:
Subject:
Alan Soper
July 4, 2022 10:26 PM
Consultations
notice concerning proposed closure and conveyance of a highway in the municipality of
Bayham
CAUTION: This email originated from outside of the Municipality of Bayham email system.
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sender and know the content is safe.
I would like to advise the council that I strongly disagree with the application of the local resident of Dennis
side to
close the portion of Dennis side road from their lane to Otter creek and the closer of Woodworth side road
from Vienna Line to scotia line
This would disrupt any public access to Otter Creek for fishing and or canoers and rescue operations for
public using the river for fun events
summer and winter. Hoping our council will consider we the public on this closure
ALAN SOPER
2
Thomas Thayer
From:
Sent:
To:
Subject:
Christine Dennis
July 4, 2022 9:33 PM
Consultations
RE: closing Dennis Road and bridge
CAUTION: This email originated from outside of the Municipality of Bayham email system.
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sender and know the content is safe.
Hello,
I strongly object to the closing of this road and bridge.
This creek is excellent for canoeing and kayaking. People need safe access points to this creek.
This is also an important place for people to get off the river if they are canoeing and can’t make it as far as Vienna,
or if in the event of an emergency.
Chad Underhill has already gone ahead and started making changes around the bridge, on both sides, before this
is even passed, or without consulting the landowner on the south side of the Creek. This demonstrates that this is a
self serving maneuver and the protection of the sensitive nature of the environment and wash shed area is not even
being considered or monitored. Where are the permits for his activities? Where is the LongPoint Conservation area
involvement?
Sincerely,
Christine Dennis
Consider this signing as my signature
3
Thomas Thayer
From:
Sent:
To:
Subject:
Jack Wouters
July 4, 2022 7:03 PM
Consultations
Council of Bayham , sale of Dennis Rd…
CAUTION: This email originated from outside of the Municipality of Bayham email system.
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sender and know the content is safe.
Council of Bayham , l strongly disagree with the sale of Dennis Rd. My reasons are that it shortens the
response time for any emergency situation that may occur. With the increase volume of public people
using the Otter Creek ,the congestion of vehicles along the road for loading, off loading and parking is
getting busy. So the Dennis Rd could and should be open for alternative access point for the creek. It’s a
shame that the township is even entertaining the closure of this road for one individuals need to have,
when there is so many public people that need it also. Furthermore, if the township wants to rid
themselves of bridge liabilities then fence it off. If the individual wants this bridge for his own personal
gain he will have to go through the proper process to do so. I use this creek constantly and I will
monitor and contact the agencies concerned if I see any work taking place. This is also why we should
delay the sale of this road and bridge so all parties concerned cover all aspects of this sale.
Jack Wouters
Sent from my iPhone
4
Thomas Thayer
From:
Sent:
To:
Subject:
Stephanie Greenland
July 2, 2022 12:35 PM
Consultations
Dennis Side Proposed Closure
CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when
clicking links or opening attachments unless you recognize the sender and know the content is safe.
To whom it may concern,
As a member of a neighbouring community, I have discovered Big Otter Creek and I am very concerned regarding the
closure of Dennis Side Road as emergency access point along the river. As my family and friends often use this water
way, I am extremely concerned about the response time for emergency personal given the proposed closure of such an
access point. Closing an access point such as this is negligent as it is vital for life saving measures. As a parent, I would no
longer feel safe taking my child to the river in your community!
Sincerely,
Stephanie Greenland
5
Thomas Thayer
From:
Sent:
To:
Subject:
Kevin
July 2, 2022 12:56 PM
Consultations
Dennis Side Proposed Closure
CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when
clicking links or opening attachments unless you recognize the sender and know the content is safe.
To whom it may concern,
I am emailing your regarding the closure of Dennis side road, which serves as an emergency access point for me and my
family on the Otter River. My concern lies in the emergency response time given an accident. I have a daughter who
very much enjoys the Otter River and we go often use it and have seen the increase of traffic along this water way. If the
access road is to be closed, I cannot say that me or my family will return to your community given the potential danger
the municipality is exposing the community to. Please consider your actions.
Sincerely,
Kevin Ryckman (a concerned father)
Sent from my iPhone
6
Thomas Thayer
From:
Sent:
To:
Subject:
Patti Culford
July 1, 2022 8:27 PM
Consultations
Dennis Side Proposed Closure
CAUTION: This email originated from outside of the Municipality of Bayham email system.
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sender and know the content is safe.
Hi,
My name is Patti Culford and I live in Bayham.
I do not want Dennis Side road closed. I would hope the my ward 1 counselor would take this into
consideration when she votes.
Thank you for your time
Patti Culford
7
Thomas Thayer
From:
Sent:
To:
Subject:
Cindy Hordyk
June 30, 2022 7:25 PM
Consultations
Proposed closure and conveyance of Dennis Road and Woodworth Road
CAUTION: This email originated from outside of the Municipality of Bayham email system.
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sender and know the content is safe.
Dear Sir,
After seeing the sign about the change and talking to various neighbours, I thought I would like to share my perspective on the
matter. I have used this road many times over the years with my neighbours and family…walking in all seasons, cross country
skiing, access to the Otter for picking up tubers (or tubing myself), fishing, and enjoying a peaceful moment away from
traffic. I was surprised that the issue of safety was not taken into consideration. Many people use the Little Otter for kayaking
or tubing. Cars can always be seen on Calton Line as soon as the weather gets nice, dropping off people to enjoy the Otter for a
ride on the waterway. The next stop down the Otter is Dennis Side Road. This is about a two hour tube ride…and a place
where access to the stream should be available in case of emergency. We can’t prevent all accidents, but we can be ready in
case help is needed.
It saddens me to think that we may not be able to have access to this road or the creek. Please consider others in the community
who do enjoy using this treat.
Sincerely,
Cindy Hordyk,
A resident of Bayham for 42 years
8
Thomas Thayer
From:
Sent:
To:
Subject:
Sarah Hordyk
June 30, 2022 9:02 AM
Consultations
Dennis Road and Woodworth Road
CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when
clicking links or opening attachments unless you recognize the sender and know the content is safe.
Greetings,
It came to my attention this week that you are planning to stop up and close part of Dennis Road and Woodworth Road.
(Plan 11R-10884 and Plan 11R-10885) As someone who has lived in the community for the past thirty-five years, I was a
little perturbed by this proposal for a variety of reasons. We, as a community, use this road regularly for walking and for
access to the Little Otter for tubing and other water sports. It is also just nice to go down and listen to the water away
from the busy traffic. 😀 As a child, I can remember biking and walking there, as it was a quiet road that was safe for us
to navigate. My brother and his friends would also fish down by the bridge. Having no children, of my own, I am not
sure how much children activity is now on the road; however, I know that we adults still enjoy it. 😀
My second concern is that it is also a very important access point to the Little Otter in the case of an emergency. It is the
last access point before Vienna where an emergency does not have to navigate fields to reach the river. For someone
with only a minimal knowledge of rescue work, I would think that a road access that goes right up to the river would be
something that you would want to preserve in the case of a drowning or a distressed kayaker/ canoer.
These are just some thoughts that I had upon hearing of this closure that I wanted to make you aware of when making
this decision.
Thanks,
Sarah
Sarah Hordyk, RET, MS, MAT Sp. Ed. & Sec. Ed., VCT, S&T, TESOL, ILS Hope Education Center
Phone/Text: 519-614-3812
Email: hopeeducationontario@gmail.com
Jesus had compassion on them. Matthew 20:34
9
Thomas Thayer
From:
Sent:
To:
Subject:
Mike Kinsey
June 29, 2022 9:27 AM
Consultations
re: closure and sale of Denis Road and Woodworth Road and the connecting bridge
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To Municipality of Bayham,
I live next to the Big Otter Creek by the bridge on Calton Line (the bridge north of the Denis and Woodworth
roads and bridge in question) and see the comings and goings of many people taking advantage of this
"Navigable Waterway" for fishing, kayaking/canoeing, and tubing, etc...
Over the years, the Denis Road and the bridge spanning the creek has always been an access point for EMS and
other private parties to rescue - people in distress - people that have overestimated their skill level - people who
have not realized the length of time it takes to traverse this winding creek all the way to Vienna...
This has always been the point of no return - once past the bridge - you are committed to make the complete
trek...
I am not opposed to the section of both roads and bridge being sold off to a private party - but there must be a
clause/by-law built into the contract of sale to continue to allow access for EMS and other parties needing to get
into, or out of the creek at this location...
Also, I am concerned that any work/alterations/etc. being proposed on the existing bridge, or the tearout of the
same - could be affecting the waterway - its navigability, the flow of debris, the spawning of fish, and/or
negatively impacting the environment (pollution).
I would think any work being done near the creek and on the bridge would fall under the Navigable Waters Act
or with the Longpoint Authority?
Please consider these things when drawing up the contract of sale...
Mike Kinsey
519-878-1133
10
Thomas Thayer
From:
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Subject:
phyllis maertens
June 28, 2022 9:19 AM
Consultations
Proposal to stop up, close, convey a portion of Dennis Road which accesses the Otter
River
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Bayham Township Council,
Regarding the proposed closure, stop up, of part of Dennis Road, I request that you consider maintaining access of
Dennis Road to the public, local people and tourists The road has been maintained and upgraded by the taxpayers who
access the Otter River directly from the Dennis Road allowance and river allowance. The Otter River is a navigable river
currently open to the public, local people and tourists coming to the area.
Could there be a way to benefit all involved ?
Thank you
Phyllis Maertens
Sent from Mail for Windows
11
Thomas Thayer
From:
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Subject:
Kate Bradfield
June 28, 2022 8:16 AM
Consultations
Dennis road closure
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Hello,
I'd like to submit a comment re: the proposed Dennis Road Closure.
In my opinion it is not in the publics best interest to close this road. This roadway is used as a safety rescue
from the Big Otter for paddlers. It is the only (accessible) public access between Calton and Vienna and has
already helped save many struggling paddlers.
Without public access, people's safety could be at risk.
Thank you,
Kate B
12
Thomas Thayer
From:laura cott
Sent:June 27, 2022 1:19 PM
To:Thomas Thayer
Subject:Re: Questions
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So navigation is not hindered but the access in or out of the Otter (emergency or not ) at the bridge location
could be - - right ?
Sent from my iPhone
Thomas Thayer
From:laura cott
Sent:June 27, 2022 12:23 PM
To:Thomas Thayer
Subject:Re: Questions
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Please provide the history or documents - I’m unclear
Also if you could answer my questions below
Thank you
Sent from my iPhone
22
Thomas Thayer
From:
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Subject:
laura cott
June 21, 2022 9:32 AM
Thomas Thayer
Questions
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Good morning Thomas
I’m trying to understand this notice if you could provide me with further details in the event I want to comment
before the July 8 deadline
Could you advise the rationale for this ?
Is land being given to someone ?
Why is this being done ?
I understand there’s a bridge - what would happen to it ?
Would a transfer of ownership hinder others from accessing the Otter waterway for their enjoyment?
1
Thomas Thayer
From:
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Subject:
jan wouters
July 8, 2022 10:27 AM Consultations
Re: Proposed Closure Dennis Side rd
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Apologize was late Port Bruce collapse was February 23 2018.
Sent from Yahoo Mail for iPhone
On Friday, July 8, 2022, 12:17 AM, jan wouters <jjwouters1@yahoo.ca> wrote:
I am just writing this additional concern, that believe should be seriously considered by council.
On February 23 2021 in Port Bruce the bridge collapsed and is caught up in legal battles
between governments and private companies.
The Dennis side rd bridge is showing deterioration on structure abutments where as in Port
Bruce there was no pre warning. Plus the ongoing legal battles continue today and cost include
environmental cleanups.
There is so much more than just personal access to properties to think about here. And this is just
the start.
Sent from Yahoo Mail for iPhone
2
Thomas Thayer
From:
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To:
Subject:
jan wouters
July 8, 2022 12:18 AM Consultations
Proposed Closure Dennis Side rd
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I am just writing this additional concern, that believe should be seriously considered by council.
On February 23 2021 in Port Bruce the bridge collapsed and is caught up in legal battles between governments
and private companies.
The Dennis side rd bridge is showing deterioration on structure abutments where as in Port Bruce there was no
pre warning. Plus the ongoing legal battles continue today and cost include environmental cleanups.
There is so much more than just personal access to properties to think about here. And this is just the start.
Sent from Yahoo Mail for iPhone
3
Thomas Thayer
From:
Sent:
To:
Subject:
Jamie Wouters
July 7, 2022 11:45 PM
Consultations
Proposed closure Dennis side rd
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My name is Jamie Wouters, I am a heavy equipment operator and work with forming and foundation work, both
residential and industrial.
I have a major concern of the closure of the Dennis municipal side rd. Also shocked that a council can just decide that a
road and a bridge be transferred to a private owner because he wants it. I’ve seen this historical bridge site showing the
Dennis side rd bridge, and it’s unique features.
I have gone under this bridge many times and can see the cement foundation has cracks and actual chunks missing. This
is quite a concern that this proposal can move forward without a proper inspection done by a Structural Engineer. The
council and township appear to be negligent in moving forward. The costs that are going to have to take place at some
point in future especially if activities other than foot traffic are going over the bridge are going to accelerate the
deterioration that has already begun.
As just becoming aware of this and the time sensitive framework. I will be voicing my safety concerns to other
institutions that need to be informed. This is a well travelled recreational waterway, and to think of the potential harm
that could take place by transferring ownership is reckless by the Bayham Municipal Council. A fence blocking any
access should be installed on this bridge, which will maintain and help preserve the integrity of structure.
Right now there has been a unstable flatbed deck placed on the Woodworth rd side of the bridge a obvious hazard.
As a father of 2 young children and spending considerable time in this community it really saddens me that council
would ignore the concerns about closing access to the big Otter Creek from Dennis Side rd.that should remain open as I
am quite aware of the considerable time this saves in response to any incident that can occur.
I hope council really look at this proposal with open eyes, and the appropriate studies take place before any decisions
are made. I know I will be definitely inquiring with the necessary departments to investigate this premature action
should it take place without serious thought and proper surveys and inspections are completed.
Thank you
Regards
Jamie Constant Wouters
Sent from my iPhone
4
Thomas Thayer
From:
Sent:
To:
Subject:
Jonathan Stephens
July 7, 2022 8:38 PM
Consultations
Regarding Road
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I am a frequent visitor who lives approximately 30 minutes from Port Burwell and don’t understand why
this is even being considered. This is a huge safety concern. What are people to do in case of emergency?
Are people to call 911? What if there is no phone service available. Is this individual not concerned about
peoples safety and well-being? This is at the end of a road with a clear turn around and I am confused
how this can be purchased just out of pure greed it seems. An absolute shame Jonathan Stephens
5
Thomas Thayer
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Subject:
Transylvania Printesa
July 7, 2022 7:56 PM
Consultations
Notice concerning the proposed closure and conveyance of a highway in the
municipality of Bayham
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To whom it may concern,
This is in response to the announcement of the possible closure of the Dennis
Road.
We had to use this point for an emergency a couple years back. My sons and their
friend went tubing and one of the inner tubes was punctured along the way. Luckily
they had phone service and were able to contact me. I was able to find some people
who live just down from Dennis Side Road who were more than willing to help us.
Thankfully everyone was OK in the end, but had there not been that access point I
don’t know what we could have done.
This is such a beautiful creek and area to visit and I can imagine that this closure
would hinder some people from wanting to experience the beauty of the creek.
As I stated, I don’t know what my family would have done had that exit not been
there.
Elaine Kelleher
6
Thomas Thayer
From:
Sent:
To:
Subject:
Tonya Buzas
July 7, 2022 4:45 PM
Consultations
Proposed Closure and Conveyance of Dennis Rd
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The news regarding the Dennis Road bridge is greatly upsetting to myself and my
family. My family and I have enjoyed the Otter Creek for many years and it has
become one of our destination spots each Summer. We always end our day with a
trip into Port Burwell for dinner, ice cream and walk along the shops and walk to
the beach.
We’ve always known the different access points along the creek for safety reasons
and this is one of them. We are unaware of any other emergency access points
between the Calton Bridge and Vienna, which is a two hour gap. Thankfully we
have never had to use it ourselves, but we have always felt better knowing it’s
there.
Unfortunately I can’t say that we will be making as frequent trips to Port Burwell as
we have over the years, due to this change.
We really hope that this proposed closure and conveyance of the road does not go
through, as it would be a shame for the community and it’s visitors
The Buzas family
Dear Councilors and staff July 8th 2022 This message is in regard to the proposed stop up, close, and convey a portion of the Dennis Road and Woodworth Road, being Part 1 on Plan 11R-10884 and Parts 2 and 3 on Plan 11R-10885, as outlined on the Key Map that was provided. I am totally against this proposal for numerous reasons. Firstly the waterways should remain accessible for all to enjoy. In the event of emergency access to the creek in this area is crucial and could mean the difference between life and death. A gate placed across the roadway, with cement footings on road allowance is unacceptable. Emergency vehicles would no longer have access to the creek at this very crucial spot. As well, snow removal equipment, and routine road maintenance will be impeding turn around and at tax payer’s expense a new turn around will have to be established where one already exists. I am submitting my opinion on this the 8th day of July 2022 before 4:30 p.m. and know that our council of present will find it in themselves to do the right thing for our community. The municipal notice does not address the issue with the bridge crossing the Otter and the fact it appears to be also inline to hand over to private ownership, I find this very disturbing. The bridge has been recognized for its historical features and needs to be secured as a historical and accessible landmark for all to enjoy. If it cannot be secured as a historical bridge at its present site enabling tourists and locals to enjoy the surrounding area that the Otter offers then it should be considered to be moved to a park as a foot bridge for all to enjoy. There are many communities that have done such and have created amazing features to maintain our heritage. The consequences of handing this bridge and municipality owned properties to a private residence for their own leisure is as said before extremely disturbing. It is very disturbing that our municipality would even consider such an idea and should have known there would be questions. Again, I do not agree with the closer and hope that you will consider all aspects of the community’s opinions. Looking forward to the council meeting of July 21st 2022. Sincerely Diane Soper 55558 Old Mill Line Vienna ON N0J 1Z0 519-550-0848Landline 519-875-1067
Dear Staff and Council
Regarding the stop up and close / conveyance of Dennis road and the bridge to a private owner.
It seems this request for input is just a form to check off that a completed process is done. I am not sure our comments will make a difference as a result but I am hopeful. I am confused why E57-18 and E58-18 were even done concurrently as the one chunk of land has nothing to do with Dennis road and the bridge.
There is already gate-wiring installed on the road for a gate to close access, many cement blocks at the entrance of the bridge and a bunch of tree clearing / widening occurring on the other side.
I would assume that LPRCA is involved in this activity and Ministry of Transportation relating to the bridge over the Big Otter be potentially transferred.
Staff should be aware of other government agencies involving a bridge over he Big Otter but a response to me indicates staff is NOT aware on July 7/22.
This beautiful historic bridge and road provide a wonderful trail for hikers, sightseers, nature enthusiasts. I have personally visited this site and was awe -struck by the beauty. Tourism in Elgin County should be encouraged not discouraged. This truly is a beautiful site.
Importantly, the bridge and road provides much-needed emergency access route for the many kayakers and people who canoe /travel the Big Otter Creek. We have a local business that offers an extremely popular water recreational activity and emergency access points are crucial but are limited along this route.
It appears the MOB is aware of the deteriorating bridge and is shifting liability to a private landowner. As per E58-18, one of the condition states the bridge would be transferred ‘as is where is”. This is concerning.
Has a structural engineer provided a report on the condition of the bridge ? What is the cost of restoring it? If transferred to a private owner, what happens if concrete and metal debris or the bridge itself falls into the Big Otter when someone passes underneath it or an unsuspecting person walking on the bridge becomes injured. What conditions are in place to protect everyone and provide help if needed?
If the bridge is preserved / restored, the road could remain as a travelled road and the bridge could be used for walking traffic only.
Will snowmobiles, quads or farm equipment be accessing this bridge as it could affect the remaining integrity should the condition be fragile.
Although the private landowner, will provide land to create a new turnaround area – what is the cost of creating a turnaround area Bayham?
This a public road with turnaround area already available for road crews and should remain that way. Also, if the bridge should remain for ‘walking traffic’ only – then it should remain this way until a Structural Engineering report states otherwise.
What is Bayham selling the road and bridge for ?
Thank you for allowing me to provide input.
Laura Edwards
Chirps
1
Thomas Thayer
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Subject:
Attachments:
jan wouters
July 7, 2022 1:28 PM
Consultations
Propose stop up and close
IMG_0382.jpeg; IMG_3806.jpeg; IMG_3732.jpeg; IMG_3639.jpeg; IMG_1520.jpeg
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To Whom It May Concern:
I am writing with sincere concerns regarding the Proposed Closure and Conveyance of The Dennis Side rd. I
am a small seasonal business owner running canoe and kayak rentals along The Big Otter Creek. I am in my 6th
season of operation and have witnessed tremendous growth in activity along the Big Otter Creek. With this
public growth accessing the Big Otter, I have deep concerns regarding safety response and accessibility to the
waterway. All our customers vehicles are shuttled before their excursion begins to Vienna park, then when
finished being 6 km from Port Burwell they visit and support other merchants. Others choosing to go through
right to Port Burwell, we have a slip rented in the Marina where also their vehicles are shuttled prior. We do not
allow children under 13; or any persons under 18 without signature of a guardian because of the length and
remoteness of the Big Otter.
The increased volume of public use with own equipment, parking their vehicles, along both sides of Calton
line bridge, and being on a hill with no signage of vehicles turning is quite a hazard. All along the Saugeen
River at multiple road access there is signage showing a person carrying a canoe indicating by # a place to
launch or a pick up point I’ve seen up to #15, inviting tourists. The Bayham community should be embracing
the healthy recreational opportunity to attract people, not be shutting people out for one persons wants.
Also Elgin County has been so supportive of Otterbehere and has used a picture from our website for the front
cover of their seasonal tourism brochure showing kayakers paddling the Big Otter.
In the proposed section to be closed on the Dennis Side Rd, I believe will hinder a critical emergency access
point, denying value emergency response time to any person along the Creek. It is 9.29 km stretch from Calton
line to Vienna in a very remote ravine setting.Having Dennis Rd open saves minimum hour + of response time
if there was a serious, possible life threatening incident. I believe this would be negligent of the township to
close this access point knowing this valuable response time.
In 2021 The Canadian Navigable Waters Act (CNWA) was updated to ensure stronger protections for
navigation on all navigable waters in Canada so that Canadians can continue to enjoy the right to access
and navigate their boats whether they be motorized, canoes or kayaks.
2
Also any bridge crossing a navigable waterway belongs to Transportation Canada and any works that may
interfere or construction on any bridge, you have to apply for an application before any proposed work to begin.
Even if work is to be done, does not impede the waterway, a application of intention has to be submitted
whether it be privately owned or property of municipalities. There is a process to notify the public which also
provides an opportunity for Canadians to engage early before construction begins. Waterway ACT Stating a
Open, Accessible Transparent Process!
Right away I feel Bayham has Failed, as public notice has no mention of the Dennis Side Rd Bridge, and
proposed transfer to private owner. Was stated to me at the municipal office that person was going to fix
bridge.
On HistoricBridges.org the Dennis Road Side Road Bridge is featured as having unusual details not common
on these pony truss style of bridges structures. I have been in contact with the photographer Nathan Holth, in
which he stated to me that turning a bridge over to private ownership is a risky business as a private owner
usually lack the funds needed to responsibly own and maintain a bridge of this size. Steel trusses remain in
good condition but the concrete deck shows signs of deterioration and eventually will fall apart. Stating a
municipality is better equipped to handle this. And with owners intentions of increasing crossing other than
light foot traffic will expedite deterioration and concrete will fall into water. So I believe this will increase the
possibility of interfering of the waterway. Already excavation work started before approval on other side of
bridge is moving trees and could increase erosion. I am concerned unauthorized work will most surely take
place and has already on both sides of creek. First unapproved road work has taken place and conduit has been
run under the municipal road before approval at end of persons driveway and concrete forms are on road
allowance for his proposed electronic gate. Just because he may have already bought gate should not mean it is
approved.
And 20+large cement construction blocks have been placed along River bank at roundabout blocking the river
access.
I know just off Jackson Line where a bridge and road crossed the Little Otter Creek a fence had been erected
and blocks any access protections liability. Actually looks professional and excellent condition, and fencing
would preserve the bridge for a longer period of time. There could be grants available for our municipality, that
now public are aware would most likely embrace such actions to preserve this
Historic bridge.
In closing I want to clearly state this does not effect my business in anyway, this concerns public safety and
community embracing and protecting are history. I it disheartening if council does not listen to the public’s
legitimate concerns, and goes through with proposed action. The perception myself and I know others are
feeling is that council has already made their decision, because of a promise to one individual for own private
use. It would be in best interest for everyone for council to at least delay any action.
I am asking for a response, to my concerns.
Also Long point conservation should be involved and notified regarding any work along the Big Otter. The
Fisheries and Ocean Canada has a small hut just by bridge on Calton Line where they conduct various studies.
I met a Research Biologist last year where he said they are considering reintroducing a fish that has not been
seen since the 1950s. The beautiful Carolina forest and precious species in this waterway should be protected
and preserved for all to enjoy.
Thank you for the opportunity to voice my concerns
Regards
Jan Wouters
Historical bridges. Little Otter Woodworth rd work. Embankment blocks
Last image Road signage on Saugeen River
1
Thomas Thayer
From:
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Subject:
jan wouters
July 8, 2022 1:26 PM
Consultations
Proposed closure Dennis side rd
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I’ve had further conversations with the historical bridge photographer, and he has commented how well the
steel structure is intact.
Right now with this make shift rusty flatbed on Woodworth side, is actually creating further erosion down to
foundation. He stated there has been bridges moved successfully and this would be a great option and
opportunity to enrich this municipality.
It would be advisable if was fenced off at this point. We’ve moved a submarine. So options could include
moving this bridge to a park site making a very historical and accessible landmark for all to enjoy. People
already have investigated and have info that needs to be shared with this community.
Jan Wouters
Sent from Yahoo Mail for iPhone
1
Attention: munderhill@bayham.on.ca, consultations@bayham.on.ca,
tthayer@bayham.on.ca
July 5, 2022
Regarding:
•The proposed closure and conveyance of a highway in the Municipality ofBayham
•The importance of Retaining Access to The Dennis Road
Historic Bridges such as the Dennis Road Bridge are Heritage Bridges. There were a number of steel truss bridges in Southern Ontario, but pin connected truss bridges are few in number. Most truss bridges in Southern Ontario date from the 1910’s.
The Dennis Road Bridge has survived over 100 years and should be preserved for its’ historical significance and also to remind us of the solid workmanship that created it. Many truss bridges have disappeared and with them, all ties to the past. Some might say that the bridge is old and in need of repair or more trouble than it’s worth. It’s a shame
that these bridges have been allowed to deteriorate to the point where the easy answer is
to eliminate them. Had they been regularly maintained throughout the years, there would be no reason to demolish or replace them and they could exist for another hundred years.
The Otter Creek is a busy waterway for locals and tourists alike. Canoes and kayaks
navigate the creek on a regular basis. People fish and swim in the Creek. That means
there is a potential for an accident. Closing the road leading to the Dennis Road Bridge could create a crisis in case of an emergency. If Bayham Council approves the plan, the road becomes the property of a private owner who will install a locked gate to keep the public from accessing the Creek and the bridge. The argument is that emergency
personnel will be given a key or a code to access the roadway to the bridge. But even a
moment’s delay could mean the difference between life and death.
The enclosed map shows that there is very limited access to the Otter Creek that flows through Bayham. Instead of cutting off access from one possible entry, it would be more
beneficial to increase access. Restore the bridge to its former glory. Make it a destination
for sightseers, photographers, nature lovers and outdoor enthusiasts alike. Encourage all outdoor activities for the health and mental wellbeing of everyone. Eliminating availability discourages people from leaving their couches, televisions or computers. Any associated costs would be better spent on the repair or restoration of the bridge and road than on future medical costs associated with lack of exercise.
Official Plans have identified Bayham as an area for future population growth. It is inevitable that people from urban areas will be searching for more affordable housing in rural areas. Effective planning for the future would keep the Dennis Road Bridge and join
Dennis Road and Woodworth Road to allow another direct access route between Calton
Line and Vienna Line.
2
In conclusion, I ask why feedback is requested now? There is evidence that the decision
to close the road and bridge accessibility might have already been made and work by the landowner has already begun. IF this is the case, requesting public input for final decision-making seems insincere.
Thank you for allowing me to voice my concerns.
Rose Sofalvi Beuk 16 Elm St
Vienna, Ontario
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 21st day of July 2022. READ A THIRD TIME AND FINALLY PASSED this 21st day of July 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
2
This Agreement made in duplicate this 21st day of July 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.
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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.
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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.
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(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.
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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.
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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
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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.
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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
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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
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ATTACHMENT “B”
Site Plan/Grading Plan
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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. 2022-052 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND HILLENAAR CONSULTING INC. (PAUL HILLENAAR) WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Council of the Municipality of Bayham is desirable to enter into an
agreement with Paul Hillenaar for Chief Building Official duties; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between the Municipality of Bayham and Hillenaar Consulting Inc. (Paul Hillenaar);
2. AND THAT this by-law and agreement shall come into effect on August 1, 2022.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY
OF JULY 2022.
___________________________ _____________________________ MAYOR CLERK
CONSULTING SERVICES AGREEMENT
This consulting services agreement is between:
Municipality of Bayham (“ Bayham “)
- and-
Paul Hillenaar
(“Consultant “)
The parties agree as follows:
1. Retainer
(1) Bayham hereby retains the Consultant to provide the consulting services set out herein
(the "Services"), and the Consultant shall provide those Services to Bayham under the
general direction and control of Bayham and subject to the provisions of this agreement.
2. Services
(1) The Services include the following:
(a) Provide Building Official duties which includes dealing with staff and public,
(b) Complete plans examination and inspection services by reviewing plans and
corresponding with the public and staff;
(c) Building inspections and issuance of building permits where applicable.
(d) With the consent of the Consultant, the Municipality may, in writing, delete,
add to, vary or otherwise alter the Services.
(2) The Consultant shall, provide services in accordance with the work plan commencing
August 1, 2022 and ending December 31, 2022.
(3) The Consultant shall provide the Services skillfully, competently, efficiently, effectively
and economically, complete in every particular, in a good and worker like manner,
consistent with industry standards and current state of the art principles, law and
practice, to the satisfaction of the Municipality, and, unless approved by Bayham
otherwise, in accordance with the staffing schedule and within the estimated time lines
and estimated budgets.
3. Personnel
(1) The Consultant shall provide the Services through Personnel approved in writing by
Bayham. The Personnel approved for this project are as follows:
(a) Paul Hillenaar
(2) The Consultant shall ensure that its Personnel have the requisite competence,
knowledge, skill, ability, experience, expertise and Ministry of Housing Qualifications
and certifications required to provide the Services. Upon request, the Consultant shall
deliver to the Municipality confirmation that the Province of Ontario has certified that the
Consultant is authorized to provide the Services in a form satisfactory to Bayham, acting
reasonably.
4. Work Product
(1} All information in any form, prepared by or for the Consultant as part of the Services
(the "Work Product") shall be, unless approved by Bayham in writing to the
contrary, the sole property of Bayham and Bayham shall own the copyright to all such
information . If the Consultant owns any Work Product, or the copyright or any
intellectual property in any Work Product during the term of this Agreement, the
Consultant hereby transfers and assigns such ownership, copyright and intellectual
property rights to Bayham.
(2) The Consultant shall promptly sign all documents and take all actions that may be
necessary to ensure that Bayham owns the Work Product, the copyright and the
intellectual property rights in the Work Product. The Consultant further covenants that
it shall cause its representatives to duly transfer and assign any of their ownership,
copyrights and intellectual property rights to Bayham.
(3) The Consultant waives any and all moral rights arising under the Copyright Act, R.S.O.
1985, c. C-42 (the "Moral Rights") in the Work Product as against Bayham. The
Consultant shall ensure that anyone other than the Consultant, who has any Moral
Rights in the Work Product, shall waive all such Moral Rights as against the Consultant
and Bayham.
5. Use of Confidential Information (1) In this agreement the following terms have the corresponding meanings:
(a) "Confidential Information" means any information, whether oral, written, visual,
electronic, or in any other form, which is identified as confidential or that would
reasonably be considered as being confidential;
(b} "Disclosing Party" means the party disclosing Confidential Information; (c) "Insider" means, in respect of a party, every director, officer, partner, associate,
employee, sub-consultant, contractor or agent of the party; and
(d) "Receiving Party" means the party receiving Confidential Information, and
includes all Insiders.
(e) The Receiving Party shall use Confidential Information relating to the Services
only for the purposes of this agreement.
(2) Except as provided in this agreement, the Receiving Party shall keep confidential all
Confidential Information disclosed to it by the Disclosing Party.
(3) The Receiving Party shall not copy or transcribe into another form, any Confidential
Information received from the Disclosing Party except as reasonably necessary.
(4) The Receiving Party shall protect the Confidential Information disclosed to it by the
Disclosing Party, in the same manner and to the same extent that it protects its own
Confidential Information.
(5) Upon the termination of this agreement, or earlier upon the request of the Disclosing
Party, the Receiving Party shall promptly return (as directed by the Disclosing Party) all
copies of the Confidential Information disclosed to the Receiving Party.
(6) The Receiving Party may disclose Confidential Information if:
(a) The Disclosing Party consents;
(b) The Receiving Party is required by law to disclose it; or
(c) The Confidential Information is generally and publicly available.
(7) If the Receiving Party is required by law to disclose Confidential Information, it shall
promptly notify the Disclosing Party so that the Disclosing Party may intervene to
prevent the disclosure.
(8) The Receiving Party shall ensure that all Insiders of the Receiving Party comply with all
the foregoing provisions regarding the use of Confidential Information and the Receiving
Party shall be responsible for any failure by any Insider to do so.
(9) All the foregoing provisions regarding the use of Confidential Information shall remain in
effect for five years after the termination of this agreement.
(10) The harm that would be suffered by a party in the event of a breach of any of the
foregoing provisions regarding the use of Confidential Information by the other party
would not be compensable by monetary damages alone. Therefore, a party shall be
entitled, in addition to any other remedies, to seek an injunction against a breach or
threatened breach of any such provision.
6. Contacts and Communication
(1) The Consultant shall treat Paul Hillenaar as Bayham's principal contact and source of
instructions in respect of all aspects of this agreement, unless otherwise directed or
permitted in writing by Bayham.
(2) Bayham shall treat Paul Hillenaar as the Consultant's principal contact and source of
reporting in respect of all aspects of this agreement, unless otherwise directed or
permitted in writing by Bayham.
(3) The Consultant shall not communicate with the media about the Services except with
the prior written approval of Bayham.
7. Chargeable Amounts
(1) The Consultant shall, at its own sole cost, and at no cost to Bayham, except as
specifically provided in this agreement or agreed to by Bayham in writing, obtain and
supply all work, labour, Personnel, sub-consultants, travel, plant, accommodations,
equipment, materials, supplies and administrative, technical or other support necessary
to provide the Services, including insurance, local or long distance telephone, facsimile,
postage, courier or other transportation or communication costs, and photocopying,
printing or other reproduction costs. For greater certainty, the Consultant shall not,
unless specifically agreed to by Bayham in writing, charge any of such costs to
Bayham as disbursements.
(2) Bayham reserves the right to provide any of the above at no cost to the
Consultant
(3) The Consultant will be compensated at a rate of $ 0.64 per kilometer to and from 12
Melissa Court Ayr Ontario and for travel within the Municipality when on
Municipality related business when a Municipal vehicle is not available.
(4) The Consultant may charge Bayham for the provision of the Services amounts
based on the following fee rates:
$ 75.00 per hour
or such other amounts, which are agreed to in writing by the parties for specific portions
of the Services. The Consultant shall not increase any fee rate unless Bayham has
provided its prior written consent.
(5) The Consultant may charge Bayham for any Harmonized Sales Tax payable on the fees
and disbursements charged to Bayham by the Consultant.
(6) The Consultant shall not charge Bayham for value-added or premium billing.
(7) Notwithstanding anything to the contrary contained in this agreement, if Bayham
decides at any time, for any reason, to discontinue a particular portion of the Services,
the Consultant shall not charge Bayham for any amount over and above payment,
including payment on a pro-rated basis if applicable, for the chargeable fees and
disbursements incurred in respect of such discontinued portion of the Services up to the
date that Bayham gives to the Consultant written notice of such decision to
discontinue that portion of the Services, or a later date if work, already commenced by
the Consultant, cannot reasonably be discontinued until such later date.
(8) Notwithstanding anything to the contrary contained in this agreement, if this agreement
is terminated prior to completion of the provision of the Services, the Consultant shall
not charge Bayham for any amount over and above payment, including payment on a
pro-rated basis if applicable, for the chargeable fees and disbursements incurred up to
the effective date of such termination, or a later date if work, already commenced by
the Consultant, cannot reasonably be discontinued until such later date.
8. Accounts
(1) The Consultant shall provide detailed monthly accounts of amounts charged for its
provision of the Services, including the following particulars:
(a) the number of hours worked and hourly rate, for each of its Personnel; (b} the amount of approved disbursements for which the Consultant is requesting
reimbursement; and
(c) The amount of Harmonized Sales Tax payable on its fees and disbursements.
(2) If requested by Bayham, the Consultant shall make available to Bayham full accounts,
records, receipts, vouchers and documents for the purpose of substantiating its charges.
9. Payment (1) Bayham shall pay the Consultant the properly charged amounts incurred by the
Consultant in providing the Services.
(2) Despite any other provision in this agreement, Bayham may obtain a review of any
account rendered by the Consultant, and is not required to pay such account until the
review has been completed. Bayham is not required to pay any interest on any account
in respect of any time during which such account is under review.
10. Indemnification and Insurance
(1) The Consultant shall indemnify Bayham and members of council, officers, employees,
contractors and agents, against all losses and liabilities related to acts or omissions, in
connection with this agreement, of the Consultant or any person for whom the
Consultant is in law responsible. The Consultant shall, at Bayham's election, either
assume Bayham's defense of any proceeding brought in respect of such loss or liability,
or cooperate with Bayham in the defense, including providing Bayham with prompt
notice of any possible loss or liability and providing Bayham with all information and
material relevant to the possible loss or liability. This section will survive the termination
of this agreement.
(2) The Consultant shall not be liable for costs or damages arising from errors or omissions
in any of the information which is supplied to the Consultant by Bayham.
(3) Without restricting the generality of the provisions in this agreement related to
indemnification, the Consultant shall obtain, and for as long as this agreement is in
effect, maintain, pay for and, upon request by Bayham from time to time, provide
evidence, satisfactory to Bayham, of the following insurance coverages, all taken out
with insurers licensed to transact insurance business in Ontario and satisfactory to
Bayham:
(a) Professional Liability Insurance
i. To a limit of not less than two million dollars ($2,000,000) inclusive per
occurrence; and,
ii. Subject to an annual aggregate of two million dollars ($2,000,000).
11. Employment Insurance and Workplace Safety and Insurance Act The Consultant shall, at all times, pay or cause to be paid any assessment or compensation
required to be paid pursuant to the Workplace Safety and Insurance Act.
Bayham will accept responsibility for obtaining from or on behalf of a Proponent a current
Certificate of Clearance. The cost of this certificate will be deducted from any amounts owing to
the Consultant.
12. Compliance with Law and Policies (1) The Consultant shall comply with all applicable federal, provincial and local laws,
regulations and rules.
(2) If the Services include testimony by any Personnel, as an expert witness, before any
court or tribunal, the Consultant shall ensure that such Personnel sign such forms and
follow such procedures as may be required of expert witnesses before such court or
tribunal.
(3) The Consultant shall comply with Bayham's Occupational Health and Safety
policies, Workplace Safety and Insurance requirements and Human Rights policies.
(4) The Consultant shall comply with the provisions, to the extent that they are applicable,
of the Accessibility for Ontarians with Disabilities Act, 2005 and regulations thereunder,
in respect of all goods or services provided by the Consultant on behalf of Bayham.
Without limiting the generality of the foregoing, the Consultant shall ensure that all of its
Personnel, subcontractors and others for whom it is at law responsible, receive training
about the provision of the goods and services contemplated herein to persons with
disabilities, in accordance with section 6 of Ontario Regulation 429/07,Accessibility
Standards for Customer Service, made under the Accessibility for Ontarians with
Disabilities Act, 2005. This training includes, but is not limited to, training relating to,
and ensuring compliance with, the policies, practices and procedures of the Municipality
respecting the provision of goods and services to persons with disabilities.
(5) Any reference in this agreement to legislation, policies or rules is to such legislation,
policies or rules as amended, extended, re-enacted or replaced.
13. Relationship between Parties
(1) The Consultant is an independent contractor of Bayham. The Consultant shall not,
except as Bayham may specifically authorize in writing, enter into any contracts or
commitments in the name of or on behalf of Bayham, or bind Bayham in any respect
whatsoever. The Consultant is not a partner, joint venturer, agent or employee of
Bayham.
(2) This agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof and supersedes any prior commitment, representation,
warranty, arrangement, understanding or agreement, written or oral, collateral or
other, with respect to the subject matter hereof, existing between the parties at the
date of execution of this agreement.
(3) Until five years after the termination of this agreement, the Consultant shall not, except
with the prior written approval of Bayham, enter into any relationship with any person,
other than Bayham, in respect of consulting services which touch on any of the matters
or issues which form the subject matter of the Services.
14. Bayham Responsibilities
(1) Bayham shall provide instructions, guidance and assistance to the Consultant
relating to the provision of the Services.
(2) Bayham shall use reasonable efforts to make available any relevant municipal reports,
background information, data, drawings, plans, surveys and any other materials relevant
to the Services, which are in its possession, for use by the Consultant, and shall make
available, at reasonable times, Bayham employees for the purpose of any necessary
consultation.
(3) Bayham shall provide the following equipment for use by the consultant when
carrying out his duties within Bayham:
Municipal owned vehicle (including fuel). If a vehicle is not available the
Consultant will be compensated for the use of their own vehicle in accordance
with section 7. (3) of this agreement.
15. Notices
(1) A party required or permitted under this agreement to give any notification or
communication ("Notice") shall give it in writing and shall deliver it by personal delivery,
email, facsimile, courier or prepaid regular mail to an address of the other party
provided for herein.
(2) Either party may from time to time change any of its addresses by Notice given in
accordance with this section.
(3) The initial addresses for Bayham are as follows:
P.O. Box 160 56169 Heritage Line
Straffordville ON N0J 1Y0
(4) The initial addresses for the Consultant are as follows:
Paul Hillenaar
12 Melissa Court
Ayr ON N0B 1E0
16. Force Majeure
(1) Whenever and to the extent a party is unable to fulfil, or is delayed or restricted in
fulfilling, any of the obligations under this agreement by reason of any cause beyond the
party's reasonable control, then the time for fulfilling such obligation is to be extended
for such reasonable time as may be required by the party to fulfil such obligation,
provided that any such inability, delay or restriction does not relate to any extent to any
act or omission by such party or any of its employees, agents or others for whom it is at
law responsible, and further provided that the party seeking such extension submits
promptly to the other party a written Notice of extension of time and the specific
reason and expected duration of such extension.
17. Waiver (1) A party may waive any of its rights, powers or remedies hereunder. No waiver is
effective unless made in writing.
(2) The failure of either party to exercise any of its rights, powers or remedies hereunder or
its delay in doing so, does not constitute a waiver of any rights, powers or remedies. A
single or partial exercise of a right, power or remedy does not prevent its subsequent
exercise or the subsequent exercise of any other right, power or remedy.
18. Interpretation
(1)
(2)
(3)
(4)
(5) 19. Signing
This agreement is to be construed with all changes in number and gender as may be
required by the context.
The division of this agreement into sections, subsections and clauses is for convenience
of reference only and does not affect the interpretation.
The obligations of the parties contained herein have, where applicable, the status of
representations, warranties and covenants by the respective obligated party.
This agreement is to be governed by and construed in accordance with the laws of the
Province of Ontario and the laws of Canada applicable therein.
Time is to be of the essence of this agreement, including if any extension is permitted.
(1) The parties may sign this agreement in counterparts with the same effect as if the parties had executed the same document. Any counterparts are to be construed
together and shall constitute one and the same original document. The parties shall
deliver any executed counterparts of this agreement in accordance with the provisions
set out in this agreement for delivery of Notices.
(2) This agreement will become effective when both parties have signed it. The date this
agreement is signed by the last party to sign it {as indicated by the date associated with
that party's signature) will be deemed the date of this agreement.
20. Miscellaneous
(1) All provisions of this agreement are severable, and if any provision is declared invalid,
void or unenforceable by a court of competent jurisdiction, the remaining provisions of
this agreement remain in full force and effect.
(2) This agreement is to ensure to the benefit of and bind the parties and their
respective heirs, executors, administrators, successors and permitted assigns.
(3) No change or modification of this agreement is valid unless it is in writing and signed by
each party.
Each party is signing this agreement on the date stated opposite that party's signature.
For the Municipality:
Date Mayor
Date Clerk
For the Consultant:
Date Paul Hillenaar
Consultant
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z747-2022 AGINVEST FARMLAND ONE INC. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “A” Map No. 9 by changing the zoning symbol on the lands from Agricultural (A1-A) Zone to Rural Residential (RR) Zone, which lands are outlined in heavy solid lines and marked RR on Schedule “A” Map No. 9 to this By-law, which schedule is
attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 9 by changing the zoning symbol on the lands from Agricultural
(A1-A) Zone to Special Agriculture (A2) Zone, which lands are outlined in heavy solid lines and marked A2 on Schedule “A” Map No. 9 to this By-law, which schedule is attached to and forms part of this By-law;
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 21st DAY OF JULY 2022.
READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JULY 2022.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-053 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD JULY 21, 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 July 21, 2022 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JULY 2022.
____________________________ _____________________________ MAYOR CLERK