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HomeMy WebLinkAboutSeptember 01, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, September 1, 2022 7:00 p.m. 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 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held August 18, 2022 B. Statutory Planning Meetings held August 18, 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 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report PS-15/22 by Ed Roloson, Water/Wastewater Operations re Sanitary Sewage Capacity Study Update and Proposed Upgrades 2022 Council Agenda September 1, 2022 2 B. Report PS-16/22 by Steve Adams, Manager of Public Works/Drainage Superintendent re RFT-22-01 Bridge Washing Tender Award 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-50/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-20/22 – Zimak, 54694 Calton Line B. Report DS-51/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-21/22 – Jiggins, 54624 Calton Line 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Hanover re Physician Shortages in Ontario B. Association of Municipalities Ontario (AMO) re Rainey Weisler Elected to AMO Board C. Town of Wasaga Beach re Strong Mayors, Building Homes Act 13.1.2 Requiring Action A. Wendy Carmichael re Request for Traffic Study 13.2 Reports to Council A. Report CAO-42/22 by Thomas Thayer, CAO|Clerk re Public Comments Received – Stop Up, Close, and Conveyance of a Portion of John Street B. Report CAO-43/22 by Thomas Thayer, CAO|Clerk re Procedural By-Law Update – Public Meetings and Meeting Duration C. Report CAO-44/22 by Thomas Thayer, CAO|Clerk re Third-Party By-Law Enforcement Services D. Report CAO-45/22 by Thomas Thayer, CAO|Clerk re Shared Review of Building and Planning Fees E. Report CAO-46/22 by Thomas Thayer, CAO|Clerk re Disaster Mitigation and Adaptation Fund (DMAF) Results / Funding Approaches for Port Burwell Stormsewer Improvements 2022 Council Agenda September 1, 2022 3 14. BY-LAWS A. By-Law No Z749-2022 Being a by-law to amend By-law No. Z456-2003, as amended – Zimak B. By-Law No Z750-2022 Being a by-law to amend By-law No. Z456-2003, as amended – Jiggins 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. 2022-062 Being a by-law to confirm all actions of Council 18. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – SCC Main Hall Thursday, August 18, 2022 7:00 p.m. 7:30 p.m. Public Planning Meeting – 3 Applications 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 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 6. A Laverne Kirkness, Rebecca Walker & Barry Wade re Beach House Lane Development – REMOVAL (at request of applicant) 12.2 E Report DS-49/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Official Plan Amendment OPA-01/22 and Zoning Amendment ZBA-02/22 – Barry Wade Homes – REMOVAL (at request of applicant) 13.1.1 I Municipality of Bayham re 2023 Capital Budget Delayed 13.2 C Report CAO-40/22 by Thomas Thayer, CAO|Clerk re 2023 Blue Box Transition 13.2 D Report CAO-41/22 by Thomas Thayer, CAO|Clerk re Port Burwell Lighthouse Heritage Architectural Services 14 E By-law No. 2022-060 Being a by-law to adopt Official Plan Amendment Number 30 – REMOVAL (associated with Item 12.2 E) 2022 Council Minutes August 18, 2022 2 4. ANNOUNCEMENTS CAO Thomas Thayer announced that nominations for running in the Municipal Election close tomorrow, August 19th at 2:00 p.m. Those interested to file must be in the Municipal Office by 2:00 p.m. sharp. 5. PRESENTATIONS A. Carolyn Krahn, County of Elgin Manager of Economic Development and Strategic Initiatives re Welcome Home Video and Economic Development Presentation Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the presentation from Carolyn Krahn, County of Elgin Manager of Economic Development and Strategic Initiatives re Welcome Home Video and Economic Development Presentation be received for information. CARRIED 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held July 21, 2022 B. Statutory Planning Meetings held July 21, 2022 Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the minutes from the Regular Council Meeting held July 21, 2022 be approved as presented, and THAT the minutes from the Statutory Planning Meetings held July 21, 2022 be approved as amended. 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 2022 Council Minutes August 18, 2022 3 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting for Proposed Zoning By-Law Amendment ZBA-20/22 Zimak B. Notice of Public Meeting for Proposed Zoning By-Law Amendment ZBA-21/22 Jiggins C. Notice of Public Meeting for Proposed Zoning By-Law Amendment ZBA-22/22 Municipality of Bayham – Housekeeping By-law D. Notice of Public Meeting – Development Charges Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT items 12.1.1 A – D be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-45/22 by Steve Adams, Manager of Public Works|Drainage Superintendent re Petition for Drainage Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Community of Christ Pastor Cheryl Brooks; THAT Report DS-45/22 re Petition for Drainage be received; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council’s consideration. CARRIED B. Report DS-46/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-18/22 – Blatz Moved by: Councillor Froese Seconded by: Councillor Chilcott 2022 Council Minutes August 18, 2022 4 THAT Report DS-46/22 regarding the Blatz rezoning application ZBA-18/22 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 21, 2022 associated with this application, there were six written submissions (opposing) and an oral presentation by the Applicant with two oral presentations (one presenting their written comment and one verbal only at the meeting opposing) received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by modifying the MH-3 site-specific zone to add an additional permitted use of one mobile home park manager residential dwelling unit in a portion of an existing accessory building at the property identified as 12 Elizabeth Street, subject to the applicant obtaining Site Plan Agreement approval for servicing and buffering/screening prior to Council accepting and approving the Third Reading of the Zoning By-law No. Z748-2022; AND THAT Zoning By-law No. Z748-2022 be presented to Council for First and Second Reading. DEFEATED The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:30 p.m. The Council Meeting resumed at 7:38 p.m. Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report DS-46/22 regarding the Blatz rezoning application ZBA-18/22 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 21, 2022 associated with this application, there were six written submissions (opposing) and an oral presentation by the Applicant with two oral presentations (one presenting their written comment and one verbal only at the meeting opposing) received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT rezoning application ZBA-18/22, being an application to further amend Zoning By- law No. Z456-2003, as amended, by modifying the MH-3 site-specific zone to add an additional permitted use of one mobile home park manager residential dwelling unit in a portion of an existing accessory building at the property identified as 12 Elizabeth Street, be refused due to concerns with compatibility, potential for conflict, and the insufficient area proposed for the residential use. CARRIED 2022 Council Minutes August 18, 2022 5 C. Report DS-47/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Official Plan Amendment OPA-02/22 and Zoning Amendment ZBA-04/22 – Vienna Farms Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Staff Report DS-47/22 regarding the Official Plan Amendment Application OPA-02/22 and Zoning By-law Amendment Application ZBA-04/22 submitted by Vienna Farms Ltd. be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 21, 2022 associated with these applications, there were two written public submissions (opposed) and one verbal presentation (speaking to their written submission) and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council considers the proposed amendment to be consistent with the Provincial Policy Statement 2020, the Elgin County Official Plan and the Municipality of Bayham Official Plan and Zoning By-law; AND THAT By-law No. 2022-058, being an adopting By-law for Official Plan Amendment No. 28, for the purpose to change the land use designation for 2.48 hectares (6 acres) of land and permit the placement of a permanent large scale supplementary farm dwelling with gross floor area of 304.9 m2 (3,282 ft2) to seasonally house a maximum twenty-nine (29) offshore farm labourers in the Official Plan of the Municipality of Bayham, be presented for enactment; AND THAT adopted Official Plan Amendment No. 28 be forwarded to the County of Elgin for approval; AND THAT the draft Zoning By-law be presented to Council for consideration after such time as OPA No. 28 receives County of Elgin approval. CARRIED D. Report DS-48/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Official Plan Amendment OPA-03/22 and Zoning Amendment ZBA-03/22 – Bonnefield Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Staff Report DS-48/22 regarding the Official Plan Amendment Application OPA-03/22 and Zoning By-law Amendment Application ZBA-03/22 submitted by Bonnefield Canadian Farmland LP III be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held July 21, 2022 associated with these applications, there were six written public submissions (opposed) and two verbal presentations (speaking to their written submissions) and that all considerations were taken into account in Council’s decision passing this resolution; 2022 Council Minutes August 18, 2022 6 AND THAT Council considers the proposed amendment to be consistent with the Provincial Policy Statement 2020, the Elgin County Official Plan and the Municipality of Bayham Official Plan and Zoning By-law; AND THAT By-law No. 059 being an adopting By-law for Official Plan Amendment No. 29 for the purpose to change the land use designation for 54 hectares (134 acres) of land and permit the placement of 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 in the Official Plan of the Municipality of Bayham be presented for enactment; AND THAT adopted Official Plan Amendment No. 29 be forwarded to the County of Elgin for approval; AND THAT the draft Zoning By-law be presented to Council for consideration after such time as OPA No. 29 receives County of Elgin approval. 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 August 9, 2022 Elgin County Council Highlights D. Southwestern Public Health re 2021 Annual Report E. Town of Mattawa re Draven Alert F. Town of South Bruce Peninsula re Mandatory Firefighter Certification G. Town of Aylmer re Warming and Cooling Centre Policy H. Township of Puslinch re Summary and Implications of Provincial Bill 109 I. Municipality of Bayham re 2023 Capital Budget Delayed Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 13.1.1 A – I be received for information. CARRIED 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-38/22 by Thomas Thayer, CAO|Clerk re Appointments to the Elgin Election Joint Compliance Audit Committee 2022 Council Minutes August 18, 2022 7 Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-38/22 re Appointments to the Elgin Election Joint Compliance Audit Committee be received for information; AND THAT Council endorses the appointment of Christene Scrimgeour, Andrew Wright, Daniel Ross, and Dr. Zachary Spicer to sit on the Joint Elgin Election Compliance Audit Committee for the period of 2022-2026; AND THAT the appropriate by-law to confirm these appointments be brought forward for Council’s consideration. CARRIED B. Report CAO-39/22 by Thomas Thayer, CAO|Clerk re Public Comments Received – Comment Period for use of the Vienna Community Improvement Reserve Fund Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report CAO-39/22 re Public Comments Received – Comment Period for Use of the Vienna Community Improvement Reserve Fund be received for information; AND THAT Council direct staff to investigate and report back on the costing of: 1) Improvements to the Vienna Community Park, including a multi-purpose court and pavilion; and, 2) Improvements to the Vienna Memorial Park, including a canoe/kayak boat launch, walkway, and lined parking; AND THAT the costing information be included in the 2023-2032 Capital Budget process. CARRIED C. Report CAO-40/22 by Thomas Thayer, CAO|Clerk re 2023 Blue Box Transition Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-40/22 re 2023 Blue Box Transition be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham hereby opt out of the option to provide continuation of existing collection services during transition period from July 2023 to December 2025 and allow Producer Responsibility Organizations to take over provision of recycling services effective July 1, 2023. CARRIED 2022 Council Minutes August 18, 2022 8 D. Report CAO-41/22 by Thomas Thayer, CAO|Clerk re Port Burwell Lighthouse Heritage Architectural Services Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-41/22 re Port Burwell Lighthouse Heritage Architectural Services be received for information; AND THAT Council accept the quote of $5,150+HST as provided in the Heritage Services Proposal Letter submitted by a+LINK Architecture Inc. for Heritage Architectural Services for the Port Burwell Lighthouse. CARRIED 14. BY-LAWS A. By-law No. 2022-056 Being a by-law to appoint members to the Elgin Election Joint Compliance Audit Committee for the 2022 Municipal Election B. By-law No. 2022-057 Being a by-law to repeal By-law No. 2019-020 and By-law No. 2019-029 C. By-law No. 2022-058 Being a by-law to adopt Official Plan Amendment Number 28 D. By-law No. 2022-059 Being a by-law to adopt Official Plan Amendment Number 29 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT By-law No. 2022-056, 2022-057, 2022-058 and 2022-059 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. 2022-061 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT confirming By-Law No. 2022-061 be a read a first, second and third time and finally passed. CARRIED 2022 Council Minutes August 18, 2022 9 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 8:39 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 – SCC Main Hall Thursday, August 18, 2022 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-20/22 – Zimak B. Proposed Zoning By-Law Amendment ZBA-21/22 – Jiggins C. Proposed Zoning By-Law Amendment ZBA-22/22 – Municipality of Bayham 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 STEVE ADAMS PUBLIC ATTENDEES A: N/A PUBLIC ATTENDEES B: N/A PUBLIC ATTENDEES C: N/A APPLICATION A: Proposed Zoning By-Law Amendment ZBA-20/22 – Zimak 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-Law Amendment ZBA-20/22 – Zimak THE PURPOSE of this By-law is to rezone the retained lands from an Agricultural (A1) zone to an Agricultural (A1-A) Zone to recognize agricultural uses in a lot with an area of 40 hectares or greater; and to rezone the severed lands from an A1 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 54694 Calton Line, Vienna. 2 Statutory Planning Minutes August 18, 2022 THE EFFECT of this By-law will be to fulfill conditions of Consent E70-21 to rezone the retained lands to recognize agricultural use; and to rezone the severed lands from an agricultural zone to a residential zone, so that the severed lands may be added to the abutting lands with existing single detached residential uses to the east. 5. PUBLIC PARTICIPATION No public participation. 6. CORRESPONDENCE No correspondence received. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Zoning By-law amendment ZBA-20/22 be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning By-Law Amendment ZBA-20/22 is now complete at 7:32 p.m. CARRIED APPLICATION B: Proposed Zoning By-Law Amendment ZBA-21/22 – Jiggins 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:33 p.m. 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT B. Proposed Zoning By-Law Amendment ZBA-21/22 – Jiggins THE PURPOSE of this By-law is to rezone the lot addition lands to a Rural Residential (RR) Zone to permit residential uses, to match the use of the lands to be severed and conveyed, in Zoning By-law Z456-2003. The lands are located at 54624 Calton Line, Vienna. 3 Statutory Planning Minutes August 18, 2022 THE EFFECT of this By-law will be to fulfill conditions of Consent E70-21 to rezone lot addition lands to match the residential zoning of the lands to be conveyed. 13. PUBLIC PARTICIPATION No public participation. 14. CORRESPONDENCE No correspondence received. 15. OTHER BUSINESS No other business. 16. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Zoning By-law amendment ZBA-21/22 be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning By-Law Amendment ZBA-21/22 is now complete at 7:34 p.m. CARRIED APPLICATION C: Proposed Zoning By-Law Amendment ZBA-22/22 – Municipality of Bayham 17. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:35 p.m. 18. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 19. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 20. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT C. Proposed Zoning By-Law Amendment ZBA-22/22 – Municipality of Bayham THE PURPOSE of this By-law amendment is to introduce changes to Zoning By-law Z456-2003 to clarify, improve and/or refine the zoning regulations. The proposed revisions are as follows, and further detailed on the “Draft Housekeeping Amendments” document available on the Municipality of Bayham website: 4 Statutory Planning Minutes August 18, 2022 Section 2.0 Definitions: o Replace the definition for “Agricultural Use” o Revise definition for “Day Care Centre” o Remove definition for “Farm” o Add definition for “Large Scale Supplementary Farm Dwelling” o Revise definition “Lot Lines” o Add definition for “On-Farm Diversified Use” o Add definition for “Parking Space, Accessible” o Add definition for “Private Home Day Care” o Add a definition for “Recreational Travel Vehicle” Section 4.2 f) Accessory Uses – add maximum floor area permission for accessory use buildings accessory to a principal farm dwelling to maximum twenty-five (25%) of the size of the principal farm dwelling. The proposed provision does not apply to farm-related buildings such as barns, greenhouses, stables or driving sheds. Section 4.4 Residential Accessory Uses: o Remove first paragraph which was intended to be removed by way of previous Zoning By-law Amendment and which regulations were either removed or moved to subsections in Section 4.4. o Modify Section 4.4.5 to remove locational criteria to provide flexibility to the location of required private amenity area for apartments accessory to commercial uses. Section 4.5 Home Occupation: o Add “private home day care” as an example of home occupation uses. o Add permission for up to six (6) persons permitted as part of a provincially licensed private home day care. Section 4.16 Truck, Bus, and Coach Bodies or Travel Trailers, Truck Campers, Motor Homes or Tents Used for Human Occupancy: o Replace a portion of the title by removing “Truck, Bus, and Coach Bodies or Travel Trailers, Truck Campers, Motor Homes” with “Recreational Travel Vehicles”. o Section 4.16.2 – replace the general provision to clarify Modify for truck campers, motor homes or tents used for temporary accommodations in residential zones by removing permission for such accommodations to continue up to thirty (30) consecutive days and to limit temporary use of such accommodations from seven (7) consecutive days to not more than one period of seven (7) consecutive days in one calendar year. Section 4.31 a) Loading Spaces – Modify the required loading spaces for industrial uses to reduce the minimum loading space requirements. Section 4.32 Parking Requirements o add new subsection 4.32.3 to include size and minimum requirements to provide for accessible parking spaces. o Add new subsection 4.32.4 for general access aisle or minimum and maximum driveway widths, amount of and distance for such from a street intersection. 5 Statutory Planning Minutes August 18, 2022 Section 4.32 Parking Requirements o Add Mobile Home Parks to the minimum parking space requirement table row “Travel Trailer Parks”. o Add visitor parking requirement to the parking space minimum requirement table row for “Dwelling unit in a triplex, multiunit, linked, maisonette, rowhouse, or apartment dwelling, or a building containing both commercial and residential uses” o Modify (reduce) the minimum parking requirement in the parking space requirement table row for “Industrial/Manufacturing”. o Modify (reduce) the minimum parking requirement in the parking space requirement table row for “Warehouse Use”. Section 4.34.1 – add minimum driveway width and maximum frontage occupied by a driveway for a residential use. Section 4.58 – add additional regulations to clarify permissions for shipping containers used for storage purposes and for shipping containers for human habitation purposes. Section 4.59 – in accordance with the Official Plan, add 10% maximum exterior alterations to existing dwellings for “Second Dwelling Units”. Section 5.2 – remove “Farm;” and add “On-farm diversified use;” in listed permitted uses in the Agricultural (A1) zone. Section 5.11.3 – limit commercial livestock uses to lots that have 2.0 ha or greater lot area in the Agricultural (A1) and clarify that livestock in the form of a hobby farm context is permitted. Section 7.11 – add maximum floor area for accessory buildings in the Rural Residential (RR) zone. Section 8.10 – modify (increase) the maximum accessory building floor area in the Estate Residential (ER) zone. Section 10.2 – add permission for two units of a semi-detached dwelling on one lot in the Village Residential 1 (R1) zone Permitted Buildings and Structures. Section 10.3 – modify minimum lot area requirements in the Village Residential 1 (R1) zone to clarify for semi-detached dwellings and the type of water and sewer services available. Section 10.4 – add 10.0 m minimum lot frontage for semi-detached dwellings. Section 10.5 – add 7.0 m maximum height in the Village Residential 1 (R1) Zone. Section 10.11 - modify (increase) the maximum accessory building floor area in the Village Residential 1 (R1) zone. Section 11.1 – add “semi-detached dwelling” as a listed permitted use in the Village Residential 2 (R2) zone. Section 11.6 – add 7.0 m maximum height in the Village Residential 2 (R2) Zone. Section 12.2 – modify “mobile home site” minimum lot areas and clarify the type of sewer and water services. Section 12.3 – modify (reduce) mobile home site minimum lot frontage and clarify the type of sewer and water services. 6 Statutory Planning Minutes August 18, 2022 Section 12.8 – modify (reduce) minimum interior side yard setback and add minimum exterior side yard setback for mobile home sites. Section 12.11 b) – modify open deck requirements for mobile homes to clarify that open decks are permitted per exterior door and to establish appropriate maximum floor areas permitted for such decks. Section 12.11 – add the subsections to clarify accessory building setbacks and to add regulations for maximum width, floor area and height for private attached garages or carports for mobile home sites. Section 17.10 – add clarification that additional lot area requirement for accessory residential uses only applies where the lands have access to municipal water services and private water services (Straffordville) in the Central Business District (C1) zone. No key map is provided as the proposed amendment applies to the entire Municipality. THE EFFECT of this By-law will be to correct and clarify a number of items in Zoning By-law No. Z456-2003 in accordance with Section 8.5 of the Official Plan. There are no changes proposed to the Zoning By-law Schedules. 21. PUBLIC PARTICIPATION No public participation. 22. CORRESPONDENCE No correspondence received. 23. OTHER BUSINESS No other business. 24. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Zoning By-law amendment ZBA-22/22 be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning By-Law Amendment ZBA-22/22 is now complete at 7:38 p.m. CARRIED MAYOR CLERK REPORT Physical Services TO: Mayor & Members of Council FROM: Ed Roloson, Manager of Capital Projects – Water/Wastewater Operations DATE: September 1, 2022 REPORT: PS-15/22 SUBJECT: SANITARY SEWAGE CAPACITY STUDY UPDATE AND PROPOSED UPGRADES BACKGROUND In 2020, CJDL Consulting Engineers were retained to complete an update to the municipal sanitary sewage study to assess reserve capacity and critical time frames for future expansion to accommodate ongoing growth. This Report brings forward further information in this regard. DISCUSSION Over the last two years, the Municipality of Bayham has witnessed an increased number of planning and development inquiries, including a number of Plans of Subdivision. These Plans of Subdivision have been particularly focused on Straffordville and Eden, at the northern range of the Municipality’s sanitary system. The recent surge in potential residential development has been a matter of staff discussion since March 2022 and has necessitated the need to undertake an update to the sanitary capacity review with emphasis on potential system upgrades to accommodate growth within the serviced areas of Eden, Straffordville, Vienna, and Port Burwell. The attached proposal from CJDL details seven (7) main components within the scope of work with an approximate completion date of October 31, 2022. The estimated value of the proposed works is $11,000 excluding HST. Financially, and as this is a necessity that has arisen since the approval of the 2022 Operating and Capital Budgets, the above-noted estimated value has not been considered within same. Staff recommends that the associated fees be funded from the Sewage Works Reserve Fund. ATTACHMENTS 1. Engineering Proposal – Sanitary Sewage Capacity Study Update and Proposed Upgrades, CJDL Consulting Engineers, dated August 19, 2022 RECOMMENDATION 1. THAT Report PS-15/22 re Sanitary Sewage Capacity Study Update and Proposed Upgrades be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham accept the Engineering Proposal from CJDL Consulting Engineers to update the sanitary sewage capacity study and proposed system upgrades in the amount of $11,000 plus HST to be funded from the Sewage Works Reserve Fund. Respectfully Submitted by: Reviewed by: ___________________________ Ed Roloson Thomas Thayer, CMO Manager of Capital Projects-Water/Wastewater CAO|Clerk Page 1 of 2 22028 19 August 2022 Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville, Ontario N0J 1Y0 RE: SANITARY SEWAGE CAPACITY STUDY AND PROPOSED UPGRADES MUNICIPALITY OF BAYHAM_______________________________ ATTENTION: MR. ED ROLOSON, MANAGER CAPITAL PROJECTS – WATER/WASTEWATER OPERATIONS Dear Sir: In response to your inquiry, we have prepared a proposal to update the Sanitary Sewage Capacity Study and recommend upgrades that will be needed to accommodate the recent surge in development. CJDL can provide the Municipality of Bayham an updated Sewage Capacity Study with recommendations for improvements to the sewage collection system for the serviced communities of Eden, Straffordville, Vienna and Port Burwell. We will look at the pumping station and forcemain capacity to service the remaining lands within the designated settlement areas. We are proposing to undertake the scope of work listed below: 1.Obtain background information on the design and the Record Drawings for the forcemains and pumping stations. The most recent Growth Studies and Vacant Land Inventories will be utilized. 2.Confirm the current flows and population served to estimate the remaining pumping station and forcemain capacity available for the current system to handle new growth. 3.Create tributary drawings showing the design service areas and available development land within settlement areas with estimated unit counts. 4.Determine the limitations for existing forcemains and determine ultimate growth potential with upgraded pumps at pumping stations. Profiles of the hydraulic grade line will be produced to ensure the impact of the significant grade changes are considered through the Otter Creek ravines. 5.Consider options for collection system upgrades and corresponding increases to pumping station capacity required to service additional development in Eden, Straffordville, Vienna and Port Burwell. The 2 smaller outlying pumping stations in Straffordville (P.S. No. 3 & 4) will not be included in this analysis. 6.Provide preliminary cost estimates for various options considered. 7.Although capacity and timing for improvements to the sewage treatment plant in Port Burwell will be considered, the expansion options are more involved and should be looked at independently from the forcemains and pumping stations. Page 2 of 2 Much of the background information has already been assembled by Municipal Staff and through contact with staff from the original consultant, Acres and Associates, that has since merged with other consulting companies. Based on the foregoing terms of reference, a draft report will be provided for municipal review by the end of October, 2022. The estimated cost to provide the analysis and report as outlined is $11,000 excluding HST, based on the cost estimate attached. The following are the hourly chargeout rates for our project team members, and other support staff, applicable if extra work is requested outside the current scope of work. Peter Penner, P.Eng., Principal/Project Manager $158.00 Alex Muirhead, EIT, Engineer-In-Training $96.00 Trevor Acciaroli, Senior Design Technologist $90.00 Design Technologist $65.00 Senior Admin $94.00 CJDL appreciates the opportunity to provide this proposal and are available to meet with you to discuss further as you may see fit. If there are any questions, please do not hesitate to contact this office. Yours very truly, Peter J. Penner. P. Eng., PJP/sed TASK NO.DESCRIPTION OF TASK HRS.HRS.HRS.HRS.HRS.HRS. 1 OBTAIN BACKGROUND INFORMATION 2 CONFIRM CURRENT FLOWS & POPULATION SERVED 1 3 3 3 10 3 CREATE TRIBUTARY DRAWINGS 2 4 4 4 14 4 DETERMINE LIMITATIONS FOR EXISTING FORCEMAINS 6 6 6 18 5 CONSIDER OPTIONS FOR SYSTEM UPGRADES 10 10 10 30 6 PROVIDE PRELIMINARY COST ESTIMATES 5 5 5 15 7 CAPACITY & TIMING FOR IMPROVEMENTS TO SEWAGE TREATMENT PLANT 2 8 8 8 2 28 5 36 36 36 2 115 TOTAL HOURS AND ASSOCIATED COSTS OF TEAM MEMBERS =5 36 36 36 2 115 NOTES 1. THE FOREGOING DISBURSEMENT FEE INCLUDES PRINTING COSTS FOR THE FINAL REPORT PLUS DISBURSEMENTS 1 = TOTAL ENGINEERING FEES (EXCL. HST) = 22028 19-Aug-22 PROPOSED ENGINEERING COST ESTIMATE SANITARY SEWAGE CAPACITY STUDY AND PROPOSED UPGRADES $480 $0 $1,255 COST $2,510 COST $0 $0 $0$0 $0 $960 $0 $576 $2,512$188$316 $986 $10,014$174$2,196$725 $768 $720 $2,196 $520 $2,196 $11,000 $10,014SUBTOTAL = $10,014$725 $2,196 $174$2,196 $2,196 $1,506PETER PENNER, P. ENG.PRINCIPAL / PROJECT MANAGER(@$158/HOUR)ALEX MUIRHEAD, EIT(@$96/HOUR)ENGINEER-IN-TRAINING$316 $0 COST $288 $384 $158 COST $911 $1,320SUE DAVISSENIOR ADMINISTRATOR(@$94/HOUR)TEAM MEMBER TOTALSTREVOR ACCIAROLISENIOR DESIGN TECHNOLOGIST(@$90/HOUR)COST $270 $360 $540 $900 $450 DESIGN TECHNOLOGIST(@$65/HOUR)COST $195 $260 $390 $650 $325 REPORT Physical Services TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works/Drainage Superintendent DATE: September 1, 2022 REPORT: PS-16/22 SUBJECT: RFT 22-01 BRIDGE WASHING TENDER AWARD BACKGROUND On Wednesday, July 27, 2022, staff issued RFT 22-01 Bridge Washing Tender, which closed on Thursday, August 25, 2022. The Tender is for annual Municipal Bridge Washing Services for a time period of October 1, 2022 – December 31, 2024 (with two additional one year mutual options to renew at an annual increase of 1.5% in 2025 and an additional 1.5% in 2026). The contractor is required to supply all labour, equipment, and materials required to clear the bridges of all accumulated sand/gravel and salt (collectively referred to as debris) on the bridge structure. In order to limit the migration of these materials, the contractor is to first remove as much of the debris as possible prior to washing the structure. The Contractor is required to remove and to properly dispose of all debris from the bridge structure. The Municipality is responsible for a total of 17 County and Municipal structures. On December 3, 2015, the Council of the Corporation of the Municipality of Bayham passed By-law No. 2015-120, to enter into an agreement (No. 0569) with 1564242 Ontario Ltd. o/a Can Sweep (Can Sweep) for the provision of bridge washing services. This was a five-year contract with two additional years to renew ending in 2022. Can Sweep, with written notice, decided in 2022 they would not be continuing bridge washing services. Annually, Can Sweep would spend an average from 30-45 hrs. This amounts to $4,000-$ 6,000 annually from the operating budget for the 17 structures. Pending on the current year’s capital Bridge/Culvert projects, the hours are affected, as municipal staff do not complete the washing during the year of construction. DISCUSSION The bids submitted for RFT 22-01 Bridge Washing Tender are as follows: Contractor Bid Unit Price/Hour Mobil Services Inc. $10,800+HST $600+HST Currently the Municipality utilizes Mobil Stripping to conduct annual urban street sweeping, and stop block and parking stall line painting. Staff recommend approval of the bid provided by Mobil Services Inc. for bridge washing services. RECOMMENDATION 1. THAT Report PS-16/22 re RFT 22-01 Bridge Washing Tender Award be received for information; 2. AND THAT the appropriate by-law to authorize an agreement with Mobil Services Inc. for bridge washing services be brought forward for Council’s consideration. Respectfully Submitted by: _________________________________ _____________________________ Steve Adams Thomas Thayer, CMO Manager of Public Works CAO|Clerk Drainage Superintendent 341 10th St. Hanover ON N4N 1P5 t 519.364.2780 | t 1.888.HANOVER | f 519.364.6456 | hanover.ca August 12, 2022 Mayor Janice Jackson Town of South Bruce Peninsula PO Box 310 315 George Street Wiarton, ON M7A 1A1 Via Email: janice.jackson@southbrucepeninsula.com Re: Endorsement of Resolution - Physician Shortages In Ontario Further to your correspondence dated July 22, 2022 regarding the above noted matter, please be advised that Hanover Council passed the following resolution at their August 8, 2022 meeting: Moved by COUNCILLOR HOCKING | Seconded by COUNCILLOR KOEBEL THAT the Council of the Town of Hanover support the motion from the Town of South Bruce Peninsula requesting that the Province acknowledge the shortage in all health care worker disciplines and that they take steps to increase the number of practicing physicians in the Province of Ontario. CARRIED Should you have any questions or concerns, please do not hesitate to contact the undersigned. Respectfully, Vicki McDonald Clerk cc: Premier Doug Ford, Premier@ontario.ca Hon. Sylvia Jones, Minister of Health and Long-Term Care Sylvia.jones@pc.ola.org Rick Byers, MPP, Bruce Grey Owen Sound rick.byers@pc.ola.org Hon. Stephen Lecce, Minister of Education stephen.lecce@pc.ola.org Prime Minister Justin Trudeau justin.trudeau@parl.gc.ca Hon. Jean-Yves Duclos, Minister of Health jean-yves.duclos@parl.gc.ca Alex Ruff, MP, Bruce Grey Owen Sound alex.ruff@parl.gc.ca College of Physician and Surgeons of Ontario feedback@cpso.on.ca All Municipalities in Ontario 200 University Ave., Suite 801 Toronto ON M5H 3C6 Canada | Tel: 416.971.9856 | Fax: 416.971.6191 | Toll-Free in Ontario: 1.877.426.6527 | amo@amo.on.ca Local Official Elected to the 2022–2024 AMO Board of Directors August 17, 2022 OTTAWA -- At the Annual Conference of the Association of Municipalities of Ontario (AMO) in Ottawa, Rainey Weisler, Deputy Mayor, Municipality of Bayham was elected to the AMO Board of Directors, Rural Caucus. The Conference was held from August 15 to 17. As a member of the Board, Weisler will help set policy for the association and serve as a key municipal leader in the province. “Hundreds of municipal governments from across Ontario benefit from their participation in AMO. At the same time, their contribution and commitment to working together makes all communities stronger. I am pleased to have Rainey on our Board,” said AMO’s new President, Colin Best, Councillor in Halton Region. AMO is a non-profit organization representing almost all of Ontario’s 444 municipal governments. AMO supports strong and effective municipal government in Ontario and promotes the value of municipal government as a vital and essential component of Ontario and Canada’s political system. Most of the public services that people use every day are provided by municipal governments. Countless connections, partnerships and funding transfers with Ontario’s provincial government impact municipal programs and services. In the interest of good government, AMO works to ensure that the municipal and provincial municipal relationship is strong and effective. During the 2022-2024 term, AMO will be particularly focused on matters related to economic recovery and prosperity, planning and growth, affordable housing, ending homelessness, infrastructure investment, broadband expansion, and transit. In addition, AMO is focusing on social infrastructure and policies that enable everyone in Ontario to achieve their full potential. Investment in public health, community paramedicine, long term care, human services, community mental health and addiction round out AMO’s top priorities. Extensive information about AMO’s advocacy and support for municipal governments is available on our website: www.amo.on.ca -30- Media Contact: Brian Lambie, 416-729-5425, lambie@redbrick.ca From: Wendy Carmichael Sent: August 18, 2022 8:54 AM Subject: Request for Traffic study I am submitting this letter as a request for action. The traffic and speed thereof is of significant concern for this writer and has been expressed by others who live adjacent to or who front on Fulton Street. We experience large farming machines who access this route and are slower moving. They include vehicles of various widths and sizes and some often leave sticky residue on the road as spillage. Many vehicles use the road as a raceway starting at Edison Street and speed out towards Vienna Line. Trailers and recreational vehicles access the provincial park via Fulton Street so there is this additional traffic on weekends. We also have the dirt bikes and ATVs on weekends often by youth. The hill prevents a clear site line so people coming out on Oak street cannot see what is coming down the hill especially when they come at higher speeds. collisions are often narrowly averted but witnessed. When our children are getting off of the buses that they also get on inthe Vienna Community Centre they are at increased risk since there are no cross walks. The buses used to board and let the children off at the VLCC but now they may have to do so on the side of the road on Fulton Street which will increase the risk especially since one of the stops was near the corner of Oak and Fulton but on Fulton. I am asking that the safety of all these issues be brought forward as a priority especially since we have school beginning soon and a traffic study and solution for the speed issues be developed. I am not complaining about the farm vehicles since I have no idea where a viable bypass would be. Perhaps other residents may have a different thought but we do need to address the safety issues that seem to be increasing. Thank you. REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: September 1, 2022 REPORT: CAO-42/22 SUBJECT: PUBLIC COMMENTS RECEIVED – STOP UP, CLOSE, AND CONVEY OF A PORTION OF JOHN STREET BACKGROUND At its June 2, 2022 meeting, Bayham Council received a Confidential Report re Sale of disposition of land (John Street) and passed the following motion in open session: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Confidential Report re sale or disposition of land (John Street) be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham deems Parts 1 and 2 on a survey yet to be registered surplus to the needs of the municipality for purposes of sale to landowner; AND THAT the appropriate public comment periods for stop-up and close and sale be commenced after such time as the survey is registered. The survey in question was formally registered as Plan 11R-10901. 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 August 24, 2022, giving interested parties twenty-one (21) days to provide comment. DISCUSSION No comments were received on the proposed stop-up, close, and conveyance of Parts 1 and 2 on the survey yet to be registered (since registered as R-plan 11R-10901). RECOMMENDATION 1. THAT Report CAO-42/22 re Public Comments Received – Stop-up, Close, and Convey of a Portion of John Street be received for information. Respectfully submitted by, __________________________ Thomas Thayer, CMO CAO|Clerk REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: September 1, 2022 REPORT: CAO-43/22 SUBJECT: PROCEDURAL BY-LAW UPDATE – PUBLIC MEETINGS AND MEETING DURATION BACKGROUND: On January 6, 2022, Council received Report CAO-01/22 re Procedural By-law, which presented Procedural By-law changes and a new Procedural By-law for Council’s consideration. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-01/22 re Procedural By-law be received for information; AND THAT Council direct staff to bring forward a Procedural By-law for Council consideration. Subsequently and also on January 6, 2022, Council adopted By-law No. 2022-003 to establish a new Procedural By-law for the Municipality of Bayham. Council conducted a Regular Session Council Meeting and Statutory Public Planning Meetings on July 21, 2022. The meeting in question lasted for 5 ½ hours – the longest Council meeting for Bayham Council this term, at least – giving rise to internal discussion regarding how Public Planning Meetings and long-duration Council meetings are handled. The July 21, 2022 Meeting required a motion of Council, under Section 10.29 of the Procedural By-law, to extend the meeting past 11 pm and to dispose of the remaining Regular Session items, with the meeting not formally adjourning until 12:30 am the next day. DISCUSSION Public Meetings Section 5.2 of the Procedural By-law refers to Statutory Planning Meetings. This Section is general and refers only to the structure of the Agenda, the method by which an Agenda is posted, and the process by which matters are addressed. There is no further clarification or guidance regarding the nature and duration of representations by the applicant and/or members of the public. To ensure that Statutory Planning Meetings are conducted in a concise manner, Staff recommend the following amendments to the language around these Meetings: 1) Applicant presentations of no longer than 20 minutes in total. 2) Individual public representations of no longer than 10 minutes each. The intent of these changes is to streamline the process by which applicants and residents make comments, which will generally apply to those applicants heard at a Statutory Planning Meetings that garner the highest attention and attendance. The application of these changes is expected to be uncommon, however, it provides specific guidance to both applicants and residents, respectively, in respect of the expectations of their particular roles and will ensure that both parties come to the Meeting clarity of comment in mind. It should be noted that the 10- minute maximum for individual representations is consistent with the current guidance for Delegations at a Regular Meeting of Council. To ensure compliance with the Planning Act and any requirements for Statutory Planning Meetings, staff have confirmed with the municipal Planner that providing specific guidance regarding the duration of oral representations is wholly within the purview of Council. Council also has the option to apply this guidance generally to other public participation processes as it deems desirable, such as Committee of Adjustment and other types of public meetings. Meeting Duration Section 10.29 of the Procedural By-law refers to extending Council meetings past the established maximum duration of four (4) hours. It is an uncommon practice to invoke this Section of the Procedural By-law but, when required, places extra strain on staff and Council to present and render decisions at a late hour. In recognition of this uncommon practice and allowing for the fact that Special Meetings can be called within the scope of the Procedural By-law, staff recommend the following: 1) Amendments to the language around Section 10.29 that permit an extension past 11:00 pm but not later than 11:30 pm. 2) The extension shall permit Council to dispose of the most time-sensitive or important items as identified by Council. 3) Any items not disposed of by 11:30 pm shall be deemed deferred until the next Council meeting – Regular or Special – as deemed appropriate to address the matters accordingly. The intent of these changes is to allow Council a mechanism to dispose of important items as it deems fit while providing for an absolute time cap on Regular Council sessions and a method by which deferred items will be addressed should this be required. Attached here to this Report is verbatim language regarding the above proposals and how they would appear in the Procedural By-law. Another option that Council may discuss and consider is the time Council Meetings are called. Currently, Meetings commence at 7:00 pm, with Planning Meetings commonly at 7:30 pm and Committee of Adjustment preceding the Regular Session. There is the option to move the Call To Order from 7:00 pm to 6:00 pm, which would provide two benefits: 1) An earlier overall adjournment of meetings or the option to extend the maximum duration of a meeting to five (5) hours from four. 2) Staff will not be required to work as late on Council days, which may result in operational savings to the Municipality. Should Council be amenable to the suggested language, staff will bring an amending by-law forward to a later Council date. If Council wishes to amend the suggested changes, staff would recommend approving the changes as discussed and staff will bring the amending by-law forward with the agreed-upon language at a later date. ATTACHMENTS 1. Suggested language – Sections 5.2 and 10.29 – Procedural By-law. RECOMMENDATION 1. THAT Report CAO-43/22 re Procedural By-law Updates - Public Meetings and Meeting Duration be received for information; 2. THAT the suggested changes to Sections 5.2 and 10.29 of By-law No. 2022-003, as presented in Report CAO-43/22, be approved; 3. AND THAT notice is hereby given in accordance with By-law No. 2007-121, that at the October 6, 2022 Regular Meeting of Council, the proposed changes as outlined in Report CAO-43/22 to By-law No. 2022-003, being a by-law to govern the proceedings of the Council of the Municipality of Bayham will be considered for adoption. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk Additions to Section 5.2 5.2.4 With respect to V. Public Participation, the applicant and/or any agent thereof, making oral representation on their behalf, shall be permitted to present to Council for a cumulative duration of twenty (20) minutes maximum. Any individual resident attending a Statutory Planning Meeting and wishing to make oral representation shall be permitted to speak for a maximum of ten (10) minutes. Additions to Section 10.29 Any Regular or Special Meeting proceeding past 11:00 p.m. shall not proceed past 11:30 p.m. Council shall use this additional time to dispose of the most time-sensitive items as decided at the sole discretion of Council. Any items not formally disposed of by 11:30 p.m. shall be deemed deferred until the next meeting of Council, as determined by Council resolution, and will be disposed of at that time. REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: September 1, 2022 REPORT: CAO-44/22 SUBJECT: THIRD-PARTY BY-LAW ENFORCEMENT SERVICES BACKGROUND: At its July 21, 2022 meeting, Council received Report CAO-37/22 re Termination of Agreement No. 682 – MEU – By-law Enforcement Services. The report outlined that, due to unforeseen and extenuating circumstances, the Municipality’s third party by-law enforcement contractor – MEU Consulting – was ceasing operations effective immediately. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-37/22 re Termination of Agreement No. 682 – MEU – By-law Enforcement Services be received for information; AND THAT Council terminate Agreement No. 682, an agreement with MEU for the provision of by-law enforcement services, effective immediately. These circumstances left the Municipality with a reduced by-law enforcement capacity, requiring that staff seek out alternative third-party support to supplement the by-law enforcement capacity of the Municipality’s By-law Enforcement Officer/Fire Chief/CEMC. DISCUSSION The Municipality has been is preliminary discussion with Tenet Security Group (Tenet) regarding back-up, third-party by-law enforcement support. Tenet is based out of Lucan; however, they have been reaching out to Elgin-area municipalities to determine if demand exists for Tenet to expand from Perth County into other jurisdictions. They are growing their services in light of MEU’s closing and are taking on MEU’s clientele if possible operationally. After preliminary discussions with their Principal, they would be amenable to working with Bayham to provide back-up capacity for off-hours, weekends, and/or staff back-up in the case of vacation. Based on information provided to staff, Tenet’s services would cost as follows: $70/hr – One officers & one vehicle $120/hour – Two officers & one vehicle Invoices would be provided by Tenet on a two-week basis, payable Net 30. Tenet has already entered into an Agreement for the remainder of 2022 with Aylmer and are entering into an Agreement with Southwold. Malahide has also identified interest in this regard. Having a third-party contractor for by-law will assist By-law staff in providing coverage for emergent off-hours complaints dealing with dogs, noise, parking, etc., which will free up the By- law Enforcement Officer/Fire Chief/CEMC to address more complex files and the Emergency Services portfolio. Staff are seeking Council’s direction to further engage with Tenet and bring forward a draft Agreement for their services after such time as legal has had an opportunity to review same. It is expected that any Agreement would be for a six-month term, on a trial basis, to determine if their services can meet the needs of the Municipality on a more permanent basis. RECOMMENDATION 1. THAT Report CAO-44/22 re Third Party By-law Enforcement Services be received for information; 2. AND THAT staff bring forward an Agreement between the Municipality of Bayham and Tenet Security Group regarding third-party by-law enforcement services for Council’s review. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CAO|Clerk DATE: September 1, 2022 REPORT: CAO-45/22 SUBJECT: SHARED REVIEW OF BUILDING AND PLANNING FEES BACKGROUND: On November 18, 2021, Bayham Council received correspondence from the Township of Malahide regarding a Possible Development Approvals Shared Service/Electronic Processing Business Plan. The correspondence identified that Malahide has received approval through the Province’s Municipal Modernization Program – Intake 2 and they were reaching out to ascertain Council’s interest in supporting the exploration of a shared building, planning, and by-law enforcement service. The correspondence also identified that no costs were to be covered by Bayham for support of this venture. Bayham Council subsequently passed the following motion: Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Council of The Corporation of the Municipality of Bayham is willing to collaboratively explore a Development Approvals Shared Service Business Plan with the Township of Malahide in regard to the development of a shared building, planning and by-law enforcement service. At its April 7, 2022 meeting, Council received Report CAO-15/22 re Shared Municipal Development Services RFP Update, advising that Malahide issued the RFP and that the contract would be awarded to the bidder. Since this time, staff and Council from both Malahide and Bayham worked with and received information from Performance Concepts applicable to a possible Shared Service arrangement for Building, Planning, and By-law services. At its June 15, 2022 meeting, Council received a Presentation by Performance Concepts and passed the following motion: 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 service agreement, subject to approved by the Council of the Township of Malahide. Via the above motion, Bayham Council has agreed to proceed with the consideration of a shared service agreement with the Township of Malahide for building, planning, and by-law enforcement. Through this review, Performance Concepts advised both Councils that technical adjustments to each Municipality’s fees and charges for building and planning would be required, including:  Harmonize Deposit amounts across Bayham/Malahide  Consider new/higher Deposit amounts for upcoming sub-division driven development  Develop an internal docketing system for staff billable time to be integrated in deposit drawdown system Although Performance Concepts made these recommendations, an actual fees and charges review was not included in the scope of the shared services review/study. DISCUSSION The Township of Malahide has requested and negotiated a quotation from Performance Concepts to perform a review of building and planning fees and deposits. In contemplation of a possible shared service agreement between the two municipalities, Malahide requested that the quote account for two scenarios: 1) a Malahide-only review; and, 2) a joint review of both Malahide and Bayham. Should Bayham agree to participate in the review, the fee quoted from Performance Concepts would be $40,000 plus HST, and be split 50/50 between the two municipalities. If Bayham were to participate, Performance Concepts has advised that it would prepare a joint Technical Report that incorporates recommended go-forward fees and deposits for both municipalities. In consultation with the Municipal Treasurer, Bayham would stand to benefit from such review as detailed in the following paragraph. Regardless if Council enters into shared service agreements with Malahide, Bayham’s fee schedules for building and planning are due to be reviewed, this to ensure proper service cost recovery in these two functional areas. Further, Performance Concepts now has intimate knowledge of Bayham’s building and planning statistics after just completing the shared services study. If quotes were obtained from other firms, those quotes would likely not compete with Performance Concepts’ quote. Performance Concepts also have substantial knowledge and experience reviewing building and planning fees, and have knowledge of Bill 109 and Planning Act implications, including how best to structure planning fees to insulate the Municipality from fee clawbacks in situations where timelines cannot be reasonably met. Given this, Staff are supportive of Council taking advantage of this joint review with Malahide, especially given that Council has recently provided direction to bring forward shared services agreements in these areas. If amenable, Bayham’s portion of the building and planning fees review can be funded from the Contingency Reserve. RECOMMENDATION 1. THAT Report CAO-45/22 re Shared Review of Building and Planning Fees be received for information; 2. AND THAT, subject to approval by the Township of Malahide, the Council of The Corporation of the Municipality of Bayham agrees to partner with the Township of Malahide on a review of building and planning fees. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: September 1, 2022 REPORT: CAO-46/22 SUBJECT: DISASTER MITIGATION AND ADAPTATION FUND (DMAF) RESULTS / FUNDING APPROACHES FOR PORT BURWELL STORMSEWER IMPROVEMENTS BACKGROUND In 2016, the Municipality adopted a Port Burwell Stormsewer Master Plan/Master Drainage Study to guide the rehabilitation of the Port Burwell stormsewer system over the foreseeable future. The Plan was broken up into eleven (11) phases – Phase 1A-F, Phases 2-6, which were then priced out at approximately $17 million to complete in full. Phases 1A and 1B were completed in 2017 and 2019, respectively, through upper government grant support. Since 2019 and despite the inclusion of the various remaining phases in the Municipality’s Capital Budget program, no further grant funding has been received and no further Phases have been commenced due to the potential debt and levy burdens faced by the Municipality in an increasing cost environment. At its September 2, 2021 meeting, Bayham Council received Report CAO 31/21, which introduced the Disaster Mitigation and Adaptation Fund (DMAF), including its two project streams (Small-scale and large-scale), its eligibility criteria, funding apportionment, and application window an passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-31/21 re Disaster Mitigation and Adaptation Fund (DMAF) Application – Port Burwell Stormsewers be received for information; AND THAT Staff be directed to engage Watson & Associates Economists to assist in determining appropriate scoping of the work for a potential DMAF grant application, funding and revenue strategies. Report CAO-31/21 identified the Port Burwell Stormsewer project as the intent for an application to DMAF’s small-scale stream. As noted, much of the existing Port Burwell stormsewer system dates back to the 1950s and 1960s and is in need of upgrades. Staff returned before Council on October 7, 2021, with Report CAO-35/21 re Scoping of Disaster Mitigation and Adaptation Fund (DMAF) Application – Port Burwell Stormsewers. The Report focused on Council providing direction for a scope of work, as identified by Spriet Associates and within the $20 million cap for the small-scale DMAF stream. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-35/21 re Scoping of Disaster Mitigation and Adaptation Fund (DMAF) Application – Port Burwell Stormsewers be received for information; AND THAT Council support application to DMAF for Option No. 3 as outlined in Report CAO-35/21. The proposed works to the Port Burwell Stormsewer system are the largest capital venture the Municipality has included in the draft 2022-2031 Capital Budget and one of the most important assets noted in the Municipality’s 2020 Asset Management Plan (AMP), as adopted by Council. The AMP notes that the average condition of Bayham’s Municipal Stormsewer system is Condition: Poor. Further, increased instances of intense weather and rain events have put increased strain on stormwater infrastructure and have once again illuminated the need for renewal of the Port Burwell system. An application was submitted the Infrastructure Canada under its DMAF intake for Option 3 as noted in Report CAO-35/21 and per Council’s support. Option 3 contains Phases 1C-1F, Phase 2, Phase 3, Phase 6 at a cost of approximately $20,800,000. A total of 4,390 metres of stormsewer works would be included and would service the following road segments: Phase 1C/D: Brock Street and Erieus Street Phase 1E/F: Pitt Street (both East and West of Strachan) Phase 2: Victoria Street, Elizabeth Street, Wellington Street Phase 3: Robinson Street and Wellington Street Phase 6: Addison Street, Libbye Avenue, Burwell, Tennyson, Southey, Cowper, Homer Funding for this Option was noted as follows: Responsibility Amount Municipality of Bayham (60%) $12,800,000 DMAF (40%) $8,000,000 If successful, the Municipality’s portion would have to be funded through a combination of own- source revenues including, but not limited to, development charges, special rates, County/Municipal road apportionments, contributions from the Municipality’s Wastewater Reserve, and Road Reserve (if applicable). DISCUSSION Although very competitive, the Municipality was notified that its application to the DMAF was unsuccessful. This result leaves the Municipality in the same position as it was last year – without upper-level support for a project that is increasing in costs and is at a stage where upper-level funding is now needed to complete the remaining nine (9) phases of the work in Port Burwell. It is worth noting that the remaining phases of the Port Burwell Stormsewer works are in the Capital Budget currently as a grant-contingent item, with Phases 1C/D the next on the list. The Capital Item (Item No. PW-21 in the 2022 Capital Budget) does not contemplate use of Reserves, Levy, or Debt at this time. This Report is provided to Council to identify the results of the DMAF, to identify at a high-level what funding options may exist, and to advise of further information forthcoming from the Treasurer at the September 15, 2022 meeting. To support the remaining Port Burwell Stormsewer works, the following options for funding exist, with a high-level overview of same: Stormwater Development Charges Council has provided staff direction to move forward with Water and Wastewater Development Charges. During the discussion, it was decided that a Stormwater Development Charge would be withheld and considered at such time as the status of the then-outstanding DMAF grant was known. Given the known status, it would be prudent for Council to consider in the short-term a Stormwater Development Charge as source of own-source revenues to support Municipal stormwater projects. Port Burwell Area Rate vs. Tax Levy Another own-source financial mechanisms provided as an option to Council is an Area Rate for Port Burwell to assist in the funding of the stormwater portion of the project. The Area Rate would be applied through the Drainage Act as providing a legal outlet and improving drainage in the village proper. The Rate levies a special tax rate specific to stormwater infrastructure from village landowners. Any improvements to above-ground linear infrastructure (roads, curbs, gutters, sidewalks) is a levy improvement. The other option would be to levy the needed funds from the general levy for the stormwater works, which would mean that landowners outside of Port Burwell would be subsidizing capital improvements in Port Burwell. The intent of the Drainage Act application, and any Area Rate, is to ensure that those benefitting from the improvements are assessed and therefore, pay directly for the benefit. As landowners outside of Port Burwell would not receive direct benefit, staff would be supportive of an Area Rate as the primary option instead of general levy application. Debt Servicing When the DMAF Reports originally came to Council in 2021, it was advised at the time that the Municipality could leverage Infrastructure Ontario debt at a rate (at the time) of 2.59%. Due to inflationary pressures and Bank of Canada interest rate increases, this rate has increased, which means that the Municipality would be borrowing less money for the same annual debt service. The Treasurer will report back on September 15, 2022 with updated borrowing rates within the scope of a broader financial outlook for the Municipality. Leveraging Elgin County Debt Capacity Municipal staff have had previous, high-level discussions with Elgin County about the possibility of leveraging Elgin County’s debt capacity should Bayham Council wish to proceed in earnest with this project and require additional capacity to finance same. It is unknown at this time what capacity and borrowing rates and terms might exist at this time, as these may be dependent on the need. Reserves The Municipality possesses three Reserves and/or Reserve Funds it may be able to draw from to support early-stage costing on the next phase of the works: Road Construction, OCIF, Gas Tax. In discussions with the Treasurer, usage of these Reserves and/or Reserve Funds should be sought once a direction for how to proceed is established regarding own-source revenue mechanisms and debt utilization as previously mentioned. Future Grant Opportunities The Municipality seeks out grant opportunities to support and enhance its Capital Budget by supplementing with upper-level government support. Phases 1a and 1b of the Port Burwell Stormsewer project were funded through previous grants (Clean Water/Wastewater and FCM). Grants of the size necessary to complete a full phase of the Port Burwell Stormwater project open approximately once a year, however, the eligibility criteria can vary, which can eliminate a project from previous contention. As noted, Capital Item No. PW-21 is a grant-contingent item, as are the remaining phases. It is prudent for staff to continue to seek out opportunities for this project. However, recognizing the AMP need and increasing cost, own-source revenues and consideration of debt utilization have become necessities. Council will receive more information on September 15, 2022 and staff, at that time, will be seeking Council’s direction regarding how best to proceed with this project, given the unfortunate verdict on the DMAF grant. Staff require direction to incorporate same into the Capital Budget via Item No. PW-21, which will be updated to identify other funding methods. Given the time of the year, it is likely that any further construction on this project will recommence in 2024 at the earliest. RECOMMENDATION 1. THAT Report CAO-46/22 re Disaster Mitigation and Adaptation Fund (DMAF) Results / Funding Approaches for Port Burwell Stormsewer Improvements be received for information. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z749-2022 ZIMAK 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. 10 by changing the zoning symbol on the lands from Agriculture (A1) zone to an Agriculture (A1-A) zone, which lands are outlined in heavy solid lines and marked A1-A on Schedule “A” Map No. 10 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 1st DAY OF SEPTEMBER 2022. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF SEPTEMBER 2022. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z750-2022 JIGGINS 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. 10 by changing the zoning symbol on the lands from Agriculture (A1) zone to a Rural Residential (RR) zone, which lands are outlined in heavy solid lines and marked RR on Schedule “A” Map No. 10 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 1st DAY OF SEPTEMBER 2022. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF SEPTEMBER 2022. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-062 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD SEPTEMBER 1, 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 September 1, 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 1st DAY OF SEPTEMBER 2022. ____________________________ _____________________________ MAYOR CLERK