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Home My WebLink AboutNovember 16, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, November 16, 2023 7:00 p.m. The November 16, 2023 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 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. Nick Collard re Capstone Infrastructure 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held November 2, 2023 B. Statutory Planning Meeting held November 2, 2023 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 Council Agenda November 16, 2023 2 A. Report PS 17/23 by Ed Roloson, Manager of Capital Projects – Water/Wastewater Operations & Steve Adams, Manager of Public Works/Drainage Superintendent re PW- 25 Tandem Truck – Canoe Procurement Group 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-08/23 Thiessen 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-61/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-12/23 Bonnefield Farmland Ontario IV Inc. 55314 Jackson Line B. Report DS-62/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E75-23, Giesbrecht, N & M 11450 Ridge Line 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. City of Cambridge re Support for Bill 21, Fixing Long-Term Care Amendment Act B. Long Point Region Conservation Authority re October 4, 2023 Meeting Minutes C. County of Elgin re Resolution in Support of Updating the Municipal Freedom of Information and Protection of Privacy Act 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-59/23 by Thomas Thayer, CAO re Award of RFP 23-03 Insurance and Risk Management Services 14. BY-LAWS A. By-law No. 2023-084 Being a by-law to amend By-law No. 2023-034 being a by-law to appoint committee members B. By-law No. Z764-2023 Being a by-law to amend By-law No. Z456-2003, as amended – Bonnefield Farmland Ontario IV Inc. 15. UNFINISHED BUSINESS Council Agenda November 16, 2023 3 16. OTHER BUSINESS A. Draft Joint Cemetery Board Minutes held November 7, 2023 B. Joint Cemetery Board Recommendations to Council 16.1 In Camera A. Confidential Item re Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Road User Agreement Negotiations) B. Confidential Item re Labour relations, employee negotiations (Compensation) C. Confidential Item re Personal matters about an identifiable individual; labour relations, employee negotiations (Staffing) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-085 Being a by-law to confirm all actions of Council 18. ADJOURNMENT Introduction to Capstone Infrastructure & LT1 RFP Proposed BESS Presentation to Bayham Council November 16, 2023 Contents 2 •Capstone at a Glance •Local Presence - Erie Shores Wind Farm •IESO LT1 Procurement Overview •Proposed Project Overview •Local Benefits •Municipal Support Resolution •Contact Information Capstone at a Glance 3 North American developer and long-term owner-operator of renewable and thermal power projects, including wind, solar, run-of-river hydro, biomass, & natural gas cogeneration. PROFILE KEY STATS RECENT ACTIVITY Gross installed capacity across Canada 824 MW 2 GW Current development project pipeline in Canada & US 31 Facilities Proven track record of Operational and HSE Excellence ►Executed multiple offtake agreements with corporate leaders including TC Energy, Keyera, Gibson, and Pembina ►Largest municipal offtake agreement with City of Edmonton ►50 MW of solar projects achieved COD in 2023 ►2 wind projects in construction in Alberta (250+MW) ►Acquired 466 MW Lone Pine Wind Farm (in development) in fall 2022 ►>140 MW solar and wind achieved COD in 2021 Generating our low-carbon future. Clean and renewable energy is our business, and our people are our greatest asset. We’re here to drive the energy transition forward through creative thinking, strong partnerships, and a commitment to doing things right. Local Presence - Erie Shores Wind Farm 4 •Capstone Infrastructure Corporation (Capstone) is a long-time local presence in Bayham. •Capstone are the owners and operators of the 99 MW Erie Shores Wind Farm located along the north shore of Lake Erie between Copenhagen and Clear Creek, Ontario – partly within the Municipality of Bayham. •Erie Shores is one of the largest wind power facilities in Ontario, representing approximately 4.8% of Ontario’s installed wind power capacity. •Capstone has been an active and engaged member of the Bayham Community, hosting multiple events since the Farm’s inauguration in 2006, including our recent Fish Fry in August 2023. •The Erie Shores Wind Farm generates >$300,000.00 in property taxes paid per year. IESO LT1 RFP Overview •The LT1 RFP is intended to competitively procure up to 2,200 MW of year-round capacity services, of which 1,600 MW are targeted to be procured from Electricity Storage Facilities and 600 MW from resources other than Electricity Storage Facilities. •Rated criteria points allocated for Indigenous Community participation, Local Indigenous Community Participation, and Local Governing Body Support Confirmation •Binding bids are due by December 12, 2023 and successful proponents will enter into a 20+ year capacity contract with the IESO. •55 Qualified RFP Proponents (including Capstone) •Process & Timelines: IESO LT1 RFP Website & IESO RFP Updates 5 Proposed Project Overview •Capstone Infrastructure Corporation is proposing to develop, build and operate a standalone battery energy storage Project of up to 50 MW, Northwest of Eden in the Municipality of Bayham. •The purpose of the Project would be to provide the provincial electric system with reliability services needed to support increasing electricity demand. This would not involve any on-site electric power generation. •All Project components together are expected to occupy no more than 10-20 acres, situated within a single parcel of land, with the exception of connection lines. •This project is very much at its preliminary & feasibility stage of development. •Public Open House – Dec. 5th 2023 (tentative) 6 Preliminary Local Benefits 7 Short Term Benefits •Construction work will be sourced locally whenever possible providing short-term employment within the community. • Secondary support services will be needed, such as housing, food, site maintenance, etc. • Permit fees and other project payments made. Long Term Benefits • Long-term income for local participating landowner(s) • Long-term tax benefits for 20+ years. • Possibility of long-term jobs required for site management and continued maintenance. •BESS will contribute to a safe and reliable electrical grid. • Long-term municipal engagement and community support. Municipal Support Resolution 8 •Critical to the Project’s success in the IESO process given competitive nature of the RFP. • Providing a Municipal Support Resolution in the form set out by the IESO is not in lieu of permits or site plan control, rather, just allows the Project to secure points for the LT1 RFP scoring. •If the Project is successful in securing an LT1 Contract, we would complete ordinary course of permitting with various levels of government and applicable agencies. •In order to crystalize to bid the Project by the December 12, 2023 date, we would be seeking municipal approval of the MSR by mid to late November. Contact Information Nick Collard Project Manager Capstone Infrastructure Corporation Email: ncollard@capstoneinfra.com Andrea Kausel Vice President, Development Capstone Infrastructure Corporation Email: akausel@capstoneinfra.com Corporate Website: www.capstoneinfrastructure.com 9 Photo is an example and not necessarily representative of equipment that may be used. 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 i PUBLIC This page sets out the instructions for completing the Prescribed Form – Evidence of Municipal Support. All capitalized terms used in these instructions and the Prescribed Form – Evidence of Municipal Support, unless otherwise stated, have the meanings ascribed to them in the LT1 RFP. INSTRUCTIONS APPLICABLE TO ALL PRESCRIBED FORMS: a.The first page of a Prescribed Form should be marked with the name of the Long-Term Reliability Project that is the subject of the Proposal. The Proponent should use the name given to the Long-Term Reliability Project in the Prescribed Form – Proponent Information,Declarations and Workbook. b.This instruction page is not required to be submitted as part of the completed Prescribed Form. c.The Prescribed Form is required to be submitted electronically via email to the IESO at LT.RFP@ieso.ca. d.Information provided in each Prescribed Form should be consistent with the information provided in the Proposal. e.Where the Prescribed Form has multiple pages, the pages of the Prescribed Form should be kept together in the Proposal in sequential order. f.Where a blank field for a section/page reference is provided in a Prescribed Form, enter the section/page reference of the Proposal where the substantiating evidence for that particular item can be found. g.Apart from the completion of any blanks, drop down lists, check boxes or similar uncompleted information in a Prescribed Form, no amendments may be made to the wording of a Prescribed Form. h.Each Prescribed Form must be completed in its entirety. Fields marked <if applicable> must be completed if applicable to the Proposal. If not applicable, they should be marked " Not Applicable". i.If a signature is required for a Prescribed Form, the Prescribed Form must be signed by a person with authority to bind the Proponent. The Prescribed Form may be printed, signed and scanned, or may be signed digitally through Adobe (Digital ID, or Fill and Sign), ApplePreview or DocuSign. j.With the exception of this instruction page, instructions within a Prescribed Form will be enclosed in brackets. INSTRUCTIONS SPECIFIC TO THIS PRESCRIBED FORM: 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 ii PUBLIC k.To be awarded Rated Criteria points pursuant to Section 4.3(c) of the LT1 RFP, a Proponent is to complete and submit in the Proposal a) the main body of this Prescribed Form and b) the applicable evidence of Municipal Support Confirmation, as indicated in Section 2, from each Local Municipality with authority over the Municipal Lands. l.Where the Municipal Support Confirmation is in the form of a Municipal SupportResolution, the Municipal Support Resolution must be dated no earlier than February 17, 2023. m.The Municipal Support Confirmation must be provided in Exhibit B. n.Councils of Local Municipalities have the option of using the form of Municipal Support Resolution provided in Exhibit A, should they so choose. A Blanket Municipal Support Resolution is an acceptable alternative to a Municipal Support Resolution. GUIDANCE FOR MUNICIPALITIES: The IESO is undertaking the LT1 RFP to competitively procure year-round capacity from dispatchable New Build and Eligible Expansion resources, including New Build and Eligible Expansion facilities incorporating Electricity generation and storage that (i) are registered or able to become registered in the IESO Administered Markets; (ii) larger than one (1) MW; and (iii) can deliver a continuous amount of Electricity to a connection point on a Distribution System or Transmission System during the Qualifying Hours for: (i)at least four (4) consecutive hours in the case of Electricity Storage Facilities; or (ii)at least eight (8) consecutive hours in the case of Non-Electricity Storage Facilities. The LT1 RFP provides Proponents with the opportunity to obtain Rated Criteria Points, which will be used to more favourably position their Proposal in the LT1 RFP evaluation process. Four (4) Rated Criteria points are available for evidence of having obtained support from each Local Municipality in whose jurisdiction(s) the Long-Term Reliability Project is proposed to be located. Should a Local Municipality wish to support a particular Long-Term Reliability Project, a group of Long-Term Reliability Projects, or one or more particular technology types, they must either pass a Municipal Support Resolution (project-specific) or a Blanket Municipal Support Resolution. Local Municipalities are encouraged to use the template Municipal Support Resolution in Exhibit A. Should a Local Municipality wish to develop its own resolution, the resolution must: (A)identify: (i)the Proponent; (ii)the name, technology and Maximum Contract Capacity of the Long-Term Reliability Project; and 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 iii PUBLIC (iii)the Municipal Lands that are subject to the authority of the Local Municipality; and (B)state that the Local Municipality supports the development, construction and operation of the Long-Term Reliability Project on the applicable Municipal Lands. The statement in such resolution may be qualified as being solely for the purposes of enabling the Proponent to receive Rated Criteria Points under the LT1 RFP or to satisfy its obligations under anycontract awarded under the LT1 RFP, and does not supersede any applicable permits or approvals under applicable Laws and Regulations that may be required for a particular Long-Term Reliability Project. Pursuant to the LT1 RFP, Proposals that did not receive the formal support of the local jurisdictional authorities of all the project communities in which the Long-Term Reliability Project is located in the form of a support resolution may be required under the LT1 Contract to be awarded pursuant to the LT1 RFP to submit such support resolution for compliance with its obligations. Though the Municipal Support Confirmation may impact the rank of the Proponent’s Proposal in relation to other Proposals received by the IESO, it does not guarantee a contract will be offered to the Proponent under the LT1 RFP. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 1 PUBLIC Capitalized terms not defined herein have the meanings ascribed to them in the LT1 RFP. Section 1 – Information of the Proponent and the Long-Term Reliability Project a. Unique Project ID of the Long-Term Reliability Project: <Enter Unique Project ID> b. Name of the Long-Term Reliability Project: <Enter name of the Long-Term Reliability Project> c. Legal name of the Proponent: <Enter legal name of the Proponent> d. Property Identification Number (PIN), or if PIN is not available, municipal address or legal description of Properties included in the Municipal Lands < insert PIN(s) (if a PIN is not available, use Municipal Address or legal description) or Grid Cell(s), if applicable> e. List of all Local Municipalities with authority over the Municipal Lands: <insert name of the Local Municipality> Local Municipality 1: Local Municipality 2 (if applicable): Section 2 – Municipal Support Confirmation a. The form of Municipal Support Confirmation used for Local Municipality 1 named above in Section 1(e), attached in Exhibit B, is: A Municipal Support Resolution dated no earlier than February 17, 2023 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 2 PUBLIC OR A Blanket Municipal Support Resolution b. The form of Municipal Support Confirmation used for Local Municipality 2 (if applicable) named above in Section 1(e), attached in Exhibit B, is: A Municipal Support Resolution dated no earlier than February 17, 2023 OR A Blanket Municipal Support Resolution 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 3 PUBLIC I hereby confirm that I am an individual with the authority to bind the Proponent and that, if applicable, by signing this form using electronic signature, I agree to the content, terms and conditions set out in the document on behalf of the Proponent. PROPONENT NAME: ___________________ Per: ___________________________________ Print Name: Print Title: (I have authority to bind the Proponent) Date Signed: 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 4 PUBLIC EXHIBIT A FORM OF MUNICIPAL SUPPORT RESOLUTION Resolution NO: Date: [Note: The Municipal Support Resolution must not be dated earlier than February 17, 2023.] WHEREAS: 1.The Proponent is proposing to construct and operate a Long-Term Reliability Project, as defined and with the characteristics outlined in the table below, under the Long-Term Request for Proposals (“LT1 RFP”) issued by the Independent Electricity System Operator (“IESO”). Unique Project ID of the Long-Term Reliability Project: Name of the Long-Term Reliability Project: Legal Name of Proponent: Technology of the Long- Term Reliability Project: Maximum Contract Capacity of the Long- Term Reliability Project (in MW): Property Identification Number (PIN), or if PIN is not available, municipal address or legal description of the portion of the Project Site that is located on lands subject to the authority of one or more Municipalities: 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 5 PUBLIC 2.Pursuant to the LT1 RFP, Proposals that receive the formal support of the local jurisdictional authorities of all the project communities in which the Long-Term Reliability Project is located in the form of a support resolution will be awarded Rated Criteria points for the purpose of ranking the Proposal in relation to other Proposals for a contract under the LT1 RFP; and NOW THEREFORE BE IT RESOLVED THAT: 3.The council of <insert name of Municipality> supports the development, construction and operation of the Long-Term Reliability Project on the Municipal Lands. 4.This resolution's sole purpose is to enable the Proponent to receive Rated Criteria Points under LT1 RFP or to satisfy its obligations under any awarded LT1 Contract and may not be used for the purpose of any other form of approval in relation to the Proposal or Long- Term Reliability Project or for any other purpose. Rated Criteria points will be used to rank the Proponent’s Proposal in relation to other Proposals received by the IESO under the LT1 RFP. DULY RESOLVED BY THE LOCAL MUNICIPALITY on the day of , 20 <Signature lines for elected representatives. At least one signature is required.> 120 Adelaide Street West Suite 1600 Toronto, Ontario M5H 1T1 T 416-967-7474 F 416-967-1947 www.ieso.ca Prescribed Form – Evidence of Municipal SupportLT.RFP@ieso.ca LT1PF-MS200 6 PUBLIC EXHIBIT B MUNICIPAL SUPPORT CONFIRMATION Note: Attach the Municipal Support Confirmation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, November 2, 2023 7:00 p.m. 7:30 p.m. Planning Public Meeting – ZBA-12/23 The November 2, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON SUSAN CHILCOTT ABSENT: COUNCILLOR DAN FROESE STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK 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 11.2 A Report FR-05/23 by Harry Baranik, Fire Chief/CEMC re Grant Received from Enbridge Gas – 2023 Safe Community Assist Project – Education and Training – REMOVAL 4. ANNOUNCEMENTS Meagan Elliott, Clerk announced that the regular location to access agendas on the Bayham website is not currently working so they have been posted on the home page blog for those looking for the agenda. Thomas Thayer, CAO reminded residents that the Municipal Office will be closed on Friday, November 10, 2023 in observation of Remembrance Day Council Minutes November 2, 2023 2 Mayor Ed Ketchabaw announced that there are two (2) Remembrance Day Services this Sunday, November 5, 2023. Vienna Cenotaph at 11 am and a Parade in Port Burwell beginning at 12:30 pm with a service at the Port Burwell Cenotaph at 1:00 pm. Mayor Ed Ketchabaw congratulated Steve Adams, Manager of Public Works for the recent completion of a Public Works Leadership Course. 5. PRESENTATIONS A. Carolyn Krahn, County of Elgin Manager of Economic Development, Tourism & Strategic Initiatives and Don Shropshire County of Elgin CAO/Clerk re Planning for Growth (not until after 7:30 pm) Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the presentation from Carolyn Krahn, County of Elgin Manager of Economic Development, Tourism & Strategic Initiatives and Don Shropshire County of Elgin CAO/Clerk re Planning for Growth be received for information. CARRIED 6. DELEGATIONS A. Valerie Donnell and Debbie Hayward re Lighthouse Donations Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the delegation from Valerie Donnell and Debbie Hayward re Lighthouse Donations be received for information. CARRIED 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held October 19, 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the minutes of the Regular Council Meeting of Council held October 19, 2023 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT Council Minutes November 2, 2023 3 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 FR-05/23 by Harry Baranik, Fire Chief/CEMC re Grant Received from Enbridge Gas – 2023 Safe Community Assist Project – Education and Training Not Considered – pulled from agenda B. Report PS 16/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2023-2024 Winter Operations Plan – Level of Service Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report PS-16/23 re Winter Operations Plan - Level of Service be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham approve the Municipality of Bayham Winter Operations Plan – Level of Service Policy and associated mapping, as attached hereto. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Adoption of Official Plan Amendment No. 35 – Algar Farms Ltd. B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-12/23 – Bonnefield Farmland Ontario IV Inc. Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT items 12.1.1 A & B be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council Council Minutes November 2, 2023 4 A. Report DR-09/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re Benner Drain Branches ‘C’ and ‘D’ Abandonment Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report DR-09/23 re Benner Drain Branches ‘C’ and ‘D’ Abandonment be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham directs notice be sent to all landowners assessed within the watershed of the Benner Drain Branches ‘C’ and ‘D’ regarding the proposed abandonment; AND THAT a by-law to authorize the abandonment of the Benner Drain Branches ‘C’ and ‘D’ be presented to Council for consideration if no submissions are sent to the Clerk within ten (10) days of notice of the proposed abandonment being sent to all assessed landowners within the watershed of the Benner Drain Branches ‘C’ and ‘D’. CARRIED B. Report DR-10/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re Petition for Drainage – 11:28 Properties Inc. Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DR-10/23 regarding the petition for drainage for the 11:28 Properties Inc. be received; AND THAT the Council of The Corporation of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Greg Mitchell; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates Ltd., 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 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Greater Napanee re Provincial Legislation for Third Party Short Term Rental Companies B. Township of the Archipelago re Cigarette Producer Responsibility C. Township of Terrace Bay re Aurora Council Opposition to Strong Mayor Powers in Aurora D. Town of Plympton-Wyoming re Call for an Amendment to the Legislation Act, 2006 Council Minutes November 2, 2023 5 E. Municipality of West Grey re Childcare Availability in Ontario F. Township of Clearview re Establishing a Guaranteed Livable Income G. Township of Clearview re Municipal Codes of Conduct H. Township of West Lincoln re Intimate Partner Violence as an Epidemic I. Municipality of North Perth re Catch and Release Justice in Ontario J. Municipality of North Perth re Social and Economic Prosperity Review K. Municipality of North Perth re Till Death Do Us Part Act L. Town of Rainy River re Water Treatment Training M. Elgin County re October 24, 2023 County Council Highlights N. SCOR EDC re Fall Newsletter O. Enbridge Gas re Notice of a Rate Hearing Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 13.1.1 A – O be received for information. AND THAT the Municipality of Bayham supports items A, B, I, and K. CARRIED The Council Meeting recessed to hold a Public Planning Meeting at 7:32 pm. The Council Meeting Resumed at 7:35 pm and at that time considered item 5. A. The Council Meeting recessed for a break at 8:24 pm and returned at 8:38 pm. 13.1.2 Requiring Action A. East Elgin Community Assistance Program re Request for Funding Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the correspondence from the East Elgin Community Assistance Program re Request for Funding be received for information; AND THAT further discussion on this item be referred to the 2024 Operating Budget. CARRIED Council Minutes November 2, 2023 6 B. Carolyn Krahn, Elgin County Manager of Economic Development re Request for Support Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the correspondence from Carolyn Krahn, Elgin County Manager of Economic Development re Request for Support be received for information; AND THAT Council for the Corporation of the Municipality of Bayham supports Elgin County’s grant application to the Federal Economic Development Agency for Southern Ontario. CARRIED 13.2 Reports to Council A. Report TR-16/23 by Lorne James, Treasurer re Consideration of the Establishment of a Lighthouse Reserve Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Staff Report TR-16/23 re Consideration of the Establishment of a Lighthouse Reserve be received for information; AND THAT the Dredging Reserve be repurposed as the Lighthouse Reserve; AND THAT the Lighthouse Reserve be used for the rehabilitation and/or future general maintenance requirements of the Port Burwell Lighthouse. CARRIED B. Report CL-13/23 by Meagan Elliott, Clerk re Tree Canopy and Program Policy Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CL-13/23 re Tree Canopy and Program Policy be received for information; AND THAT the appropriate by-law be brought forward to adopt the policy as presented. CARRIED 14. BY-LAWS A. By-law No. 2023-082 Being a by-law to adopt a tree canopy and program policy Moved by: Councillor Emerson Seconded by: Councillor Chilcott Council Minutes November 2, 2023 7 THAT By-law No. 2023-082 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Draft Waterfront Advisory Committee Minutes held October 16, 2023 B. Draft Museum Advisory Committee Minutes held October 18, 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the draft minutes of the Waterfront Advisory Committee Meeting held October 16, 2023 and the draft minutes of the Museum Advisory Committee Meeting held October 18, 2023 be received for information. CARRIED 16.1 In Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an “In Camera” Session at 9:04 p.m. to discuss: A. Confidential Report re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street) B. Confidential Report re Personal matters about an identifiable individual (Committee Appointments) CARRIED 16.2 Out of Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the Council do now rise from the “In Camera” Session at 9:42 p.m. and report on Confidential Report re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street) and Confidential Report re Personal matters about an identifiable individual (Committee Appointments). CARRIED Council Minutes November 2, 2023 8 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confidential Report re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street) be received for information; AND THAT staff proceed as directed. CARRIED Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Confidential Report re Personal matters about an identifiable individual (Committee Appointments) be received for information; AND THAT Valerie Donnell be appointed to the Waterfront Advisory Committee. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-083 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2023-083 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 9:44 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 – HYBRID Thursday, November 2, 2023 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-12/23 Bonnefield Farmland Ontario IV Inc. 55314 Jackson Line The November 2, 2023 Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON SUSAN CHILCOTT ABSENT: COUNCILLOR DAN FROESE STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS TREASURER LORNE JAMES PUBLIC ATTENDEES A: 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 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-Law Amendment ZBA-12/23 Bonnefield Farmland Ontario IV Inc. 55314 Jackson Line THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus farm dwelling severance, in Zoning By-law Z456-2003. The proposed 2 Statutory Planning Minutes November 2, 2023 severed lot is to be rezoned from ‘Agricultural (A1-A)’ to a site-specific ‘Rural Residential (RR-xx)’ zone to permit residential use and an oversized accessory building, and prohibit the keeping of livestock in the retained barn. The proposed retained lot is to be rezoned from ‘A1-A’ to ‘Special Agricultural (A2)’ zone to prohibit new dwellings. The subject lands are known as 55314 Jackson Line, north side and west of Plank Road. THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance to the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E40-23. 5. PUBLIC PARTICIPATION No public participation. 6. CORRESPONDENCE No correspondence received. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Zoning By-law Amendment be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning By-law Amendment Application ZBA-12/23 is now complete at 7:35 p.m. CARRIED MAYOR CLERK REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Ed Roloson, Manager of Capital Projects - Water/Wastewater Ops. Steve Adams, Manager of Public Works/Drainage Superintendent DATE: November 16, 2023 REPORT: PS-17/23 SUBJECT: PW-25 TANDEM TRUCK – CANOE PROCUREMENT GROUP BACKGROUND At its March 19, 2015 meeting, Council adopted By-law No. 2015-030, being a by-law to define procurement policies and procedures for The Corporation of the Municipality of Bayham. At its October 4, 2022 meeting, Council received Report TR-16/22 re 2023-2032 Capital Budget – Draft, and passed the following motion, in part: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report TR-16/22 re 2023-2032 Capital Budget - Draft be received for information; AND THAT Council approve the fourteen (14) Capital items identified in Report TR-16/22 for 2023 procurement. The 2023-2032 Capital Budget includes the following;  Capital Item No. PW-25 Tandem Truck – $400,000 (increased to $500,000 for 2025 – Capital Budget 2024-2033), replacement of a 2012 International Tandem Truck. At its June 15, 2023 meeting, Council received a presentation from Canoe Procurement Group of Canada, and passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the presentation from Simon McLinden re Canoe Procurement Group of Canada be received for information. DISCUSSION The June 15, 2023 presentation by Canoe Procurement Group of Canada focused on the advantages of municipal group procurement offered through Canoe under the LAS, AMO Business Services. The Municipality’s Procurement By-law No. 2015-030 permits group procurement by way of Sections 9.28 and 9.29, entitled “Co-operative Purchasing”, specifically where it is deemed in the Municipality’s best interest to do so. Recent global supply chain deficiencies have resulted in lower production of equipment related to municipal public works operations, which in turn, has resulted in an increase in the overall price-per-unit. This is evident within the approved-in-principle 2024-2033 Capital Budget. Manufacturer’s supply and demand issues will not only result in production delays but will also significantly increase the need for additional operating costs to extend the useful life and reliability of the public works equipment fleet. Staff sought support through Canoe for the purposes of procuring the Tandem Truck identified in Capital Item PW-25. As per the Canoe procurement process, staff received the following 2025 tandem truck quotations, dated November 7, 2023, from Viking-Cives Ltd. The quotations are valid for 15 days. The anticipated build date is Q2 2025. Bidder Total Vehicle Cost Freightliner supplied with Viking equipment $436,585.00 + HST International supplied with Viking equipment $437,385.00 + HST STRATEGIC PLAN 1.1: Quality of Place > To invest in community infrastructure initiatives that create an effective foundation that contribute to Bayham’s quality of life and economic prospects. Initiative(s): Focus on core infrastructure based on the Asset Management Plan and compliance with legislation. 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable. RECOMMENDATION 1. THAT Report PS-17/23 re PW-25 Tandem Truck – Canoe Procurement Group be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham approve the procurement of one (1) new Freightliner Tandem Truck supplied with Viking-Cives equipment, as outlined in the quotation received from Viking-Cives Ltd., for a quoted amount of $436,585.00 + HST. Respectfully Submitted by: Reviewed by: Ed Roloson Thomas Thayer, CMO, AOMC Manager of Capital Projects – Chief Administrative Officer Water/Wastewater Operations and Steve Adams Manager of Public Works/Drainage Superintendent A-08/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: JOHAN AND HELENA THIESSEN LOCATION: 45 CHATHAM STREET, PORT BURWELL TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-08/23). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, November 16, 2023, at 6:45 pm at the 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. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the property located at 45 Chatham Street, Port Burwell, west side: 1) Section 4.2 b) to permit a side yard width of 1.2 metres for an accessory building (garage), being closer to the side lot line than the minimum requirement of 3.0 metres; 2) Section 4.2 c) to permit an accessory building (garage) to be located in the front yard; 3) Section 4.2 d) to permit an accessory building (garage) closer to the street than the main building is to that street, and; 4) Section 10.11 b) to permit a maximum height of 5.75 metres for an accessory building (garage), which is greater than the maximum permitted height of 4.5 metres. THE EFFECT of this variance will be to permit a new accessory building (garage) to be: (1) located closer to the side lot line than the minimum distance required; (2) located in the front yard of the subject property; (3) located closer to Chatham Street than the main building is to that street; and (4) permit an increased height that exceeds the permitted maximum. 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. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 12:00 Noon on November 15, 2023 to be included in a circulation to the Committee members prior to the meeting. 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 6th day of November 2023. Margaret Underhill Planning Coordinator/Deputy Clerk 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 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: November 16, 2023 REPORT: DS-61/23 FILE NO. C-07 / D13.BONN Roll # 3401-000-003-09800 SUBJECT: Rezoning Application ZBA-12/23 – Bonnefield Farmland Ontario IV Inc. 55314 Jackson Line Draft Zoning By-law No. Z764-2023 BACKGROUND Dan Froese, Appointed Agent, has submitted a rezoning application on behalf of Bonnefield Farmland Ontario IV Inc. to rezone a property at 55314 Jackson Line, north side, west of Plank Road, legally described as Concession South Gore Part Lot 122. The purpose of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus farm dwelling severance, in Zoning By-law No. Z456-2003. The proposed severed lot is to be rezoned from ‘Agricultural (A1-A)’ to a site-specific ‘Rural Residential (RR-47)’ zone to permit residential use and an oversized accessory building, and prohibit the keeping of livestock in the retained barn. The proposed retained lot is to be rezoned from ‘A1-A’ to ‘Special Agricultural (A2)’ zone to prohibit new dwellings. The effect of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance to the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E40-23. The public meeting was held on November 2, 2023 with no signed in attendees, no persons speaking to the application, and no written public submissions. DISCUSSION The planner’s memorandum, dated June 8, 2023, accompanying Staff Report DS-36/23, dated June 15, 2023, provided an analysis of the consent application against the Zoning By-law. The requested amendment will rezone the retained parcel and severed parcel in accordance with the Official Plan policies for surplus farm dwellings. Staff Report DS-61/23 Bonnefield 2 Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning to meet the condition of Consent E40-23, granted July 26, 2023. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-12/23 Bonnefield Farmland Ontario IV Inc. 2. Draft Zoning By-law No. Z764-2023 RECOMMENDATION THAT Report DS-61/23 regarding the Bonnefield Farmland Ontario IV Inc. rezoning application ZBA-12/23 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 November 2, 2023 associated with this application, there were no written submissions and no oral presentation received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Concession South Gore Part Lot 122, known municipally as a 55314 Jackson Line, from Agricultural (A1-A) to Special Agricultural (A2) on the retained lands, and from Agricultural (A1-A) Zone to a site-specific Rural Residential (RR-47) Zone on the severed lands to permit the severance of a surplus farm dwelling in accordance with Official Plan policies; AND THAT Zoning By-law No. Z764-2023 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z764-2023 BONNEFIELD FARMLAND ONTARIO IV 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. 8 by changing the zoning symbol on a portion of the lands from Agricultural (A1-A) to a site-specific Rural Residential (RR-47) zone, which lands are outlined in heavy solid lines and marked “RR-47” on Schedule “A” Map No. 8 to this By- law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 7.13 Exceptions – Rural Residential (RR) Zone by adding the following clauses: 7.13.47.1 Defined Area RR-47 as shown on Schedule “A” Map No. 8 to this By-law. 7.13.47.2 Accessory Building Maximum Floor Area Notwithstanding the regulations of subsection 7.11.3 of this By-law, the Maximum Floor Area for the existing barn erected prior to the date of the passing of this By-law shall be 196 square metres. 7.13.47.3 Prohibited Uses Notwithstanding the regulations of subsection 7.11.1 of this By-law, the keeping of livestock shall be prohibited. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 8 by changing the zoning symbol on a portion of the lands from Agricultural (A1-A) to a Special Agriculture (A2) zone, which lands are outlined in heavy solid lines and marked “A2” on Schedule “A” Map No. 8 to this By-law, which schedule is attached to and forms part of this By-law. 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. 2 READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF NOVEMBER 2023. READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF NOVEMBER 2023. MAYOR CLERK 2 REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: November 16, 2023 REPORT: DS-62/23 FILE NO. C-07 / D09.23 GIES Roll # 3401-000-006-07300 SUBJECT: Consent Application E75-23, Giesbrecht, N & M 11450 Ridge Line, Eden BACKGROUND Consent application E75-23 was received from the Elgin County Land Division Committee, as submitted by Neil and Maria Giesbrecht, proposing to sever 5,100 sq. m. (1.26 ac) parcel of land and retain 754,500 sq. m. (186.4 ac) of land for the purpose of creating one (1) residential lot containing an existing dwelling. The subject lands are designated “Agriculture” and “Natural Heritage” as per Schedule ‘A1’ of the Municipality of Bayham Official Plan and zoned as Agricultural (A1-A) and Agricultural (A1) on Schedule ‘A’ Map No. 6 of Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on November 22, 2023. DISCUSSION Please refer to the attached Arcadis Memorandum, dated November 9, 2023, for the full analysis of the Consent application subject to the PPS, County of Elgin Official Plan, and Municipality of Bayham Official Plan and Zoning By-law. Based upon the review analysis, the application as presented does not meet the Provincial Policy Statement (PPS) 2020, Elgin County Official Plan, and Municipality of Bayham Official Plan and Zoning By-law. Staff and planner provide two (2) options for Council’s consideration: Option #1: To refuse the consent application E75-23 as presented for the specified reasons listed in the recommendation; and, Staff Report DS-62/23 Giesbrecht 2 Option #2: To defer the application to amend, and recirculate as a new proposal that would be consistent with the PPS, would conform to the Elgin County Official Plan and Bayham Official Plan, as well as, comply with the Bayham Zoning By-law. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Consent Application E75-23 Giesbrecht 2. Arcadis Memorandum, dated November 9, 2023 RECOMMENDATION THAT Report DS-62/23 regarding Consent Application E75-23 submitted by Neil and Maria Giesbrecht, be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that: EITHER Consent Application E75-23 in relation to the existing policy framework, be refused as follows: a) The proposed Consent Application is not consistent with the Provincial Policy Statement, specifically Section 2.3.4 pertaining to Lot Creation and Lot Adjustments; b) The proposed Consent Application does not conform to the Elgin County Official Plan, specifically the consent policies pertaining to the ‘Agricultural Area’ designation, as well as the ‘Technical Severance’ policies; c) The proposed Consent Application does not conform to the Municipality of Bayham Official Plan, notably the policies pertaining to Farm Consolidation and Surplus Farm Dwellings, and; d) The proposed Consent Application does not comply with the Municipality of Bayham Zoning By-law. OR Council recommends deferral of Consent Application E75-23 and recirculation if the applicant amends the current application to meet existing policy framework in the Provincial Policy Statement 2020, Elgin County Official Plan, Municipality of Bayham Official Plan and Zoning By-law as follows: a) Consent Application E75-23 would be amended to sever the subject property into two (2) farm parcels, reestablishing parcel fabrics similar to when the subject property wasn’t merged. Therefore, one (1) dwelling would be located on each of the proposed farm parcels. At the time of resubmission, the applicant’s proposal would need to ensure the two (2) farm parcel configurations meet the ‘A1/A1-A’ Zone minimum lot frontage of Staff Report DS-62/23 Giesbrecht 2 150 metres, as well as a minimum lot area of 40.0 hectares for the westerly farm parcel and minimum lot area 20.0 hectares for the easterly farm parcel. If the amended Consent Application is Conditionally Approved by the Elgin County’s Land Division Committee, and the applicant satisfies the conditions and stamping of the deeds has occurred, then the subject property will be severed into two (2) farm parcels. b) Once the lands are successfully severed into two (2) farm parcels, a new Consent Application would be submitted by the applicant for a surplus farm dwelling severance. The new Consent Application would propose to sever the existing single-detached dwelling in the north-western corner of the subject property as a surplus farming dwelling, while the other existing single-detached dwelling would remain on the retained agricultural lands. As a Condition of Approval on the new Consent Application, a Zoning By-law Amendment would be required to rezone the proposed severed surplus farm dwelling lot to ‘Rural Residential’ (RR) Zone, while the retained agricultural lot would be rezoned to ‘Special Agricultural’ (A2) Zone. The A2 Zone would prohibit any future construction of a new dwelling unit on the retained agricultural lot. If the new Consent Application is Conditionally Approved by the Elgin County’s Land Division Committee, and the applicant satisfies the conditions and stamping of the deeds has occurred, the proposed surplus farm dwelling lot and retained agricultural lot will be successfully severed. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk Chief Administrative Officer 101-410 Albert Street Waterloo, ON, N2L 3V3 Memorandum To/Attention Municipality of Bayham Date November 9, 2023 From Christian Tsimenidis, BES Project No 3404 - 917 cc William Pol, MCIP, RPP Subject Neil Giesbrecht - 11450 Ridge Line, Eden - Application for Consent E75/23 Summary and Background 1. We have completed our review of Consent Application E75/23 submitted by Neil Giesbrecht for the subject property located at 11450 Ridge Line, Eden. The applicant is requesting Consent to sever an approximate land area of 5,100 square metres (1.26 acres) for the creation of one (1) residential lot and to retain an estimated land area of 754,500 square metres (186.4 acres) for agricultural purposes. Notably, two (2) single-detached dwelling units exist on the subject property. The existing dwelling on the proposed severed lot would remain as a stand-alone residential lot, while the newly constructed/existing dwelling on the proposed retained lot would support the existing agricultural operations. The proposed retained lot would have estimated lot frontage of 344 m (1,130.74 ft) and the proposed severed lot would have an approximate lot frontage of 80.63 m (264.5 ft). The dwellings are currently serviced by private water and sanitary septic systems. 2. The subject property is designated as ‘Agriculture’ land use, and the southern portion designated ‘Natural Heritage’, as per Schedule ‘A1’ of the Municipality of Bayham Official Plan. The subject property is zoned both ‘A1-A’ and ‘A1’ on Schedule ‘A’, Map No. 6 of Zoning By-law Z456-2003. 3. It is our understanding that the applicant purchased the subject property in April 2021, under one PIN (353420172) being a consolidation of two roll numbers #3401-000- 006-07300 and #3401-000-006-08201. Following the purchase, the applicant applied for a building permit to construct a new single-detached dwelling on roll #3401-000- 006-08201, whereas the existing single-detached dwelling would remain on roll #3401-000-006-07300. At the time the building permit was applied for and issued, MPAC’s sales and consolidation information stated there were two roll numbers, as previously noted above. It was later discovered that MPAC’s sales and consolidation information was not up-to-date, and that only one PIN and one roll #3401-000-006- 07300 exists for the subject property. It is our understanding that the merging of the properties occurred prior to the applicant purchasing the subject property. As such, ARCADIS MEMORANDUM Municipality of Bayham – November 9, 2023 2 the applicant applied for and was issued a building permit for the construction of a second single-detached dwelling on a property with one PIN and one roll number. Subject Property and Surrounding Area 4. The subject property currently contains two (2) single-detached dwellings. The subject property fronts and has vehicular access along Ridge Line. The dwellings are currently serviced by private water and sanitary septic systems. The subject property accommodates agricultural operations. Natural heritage features are located in the center and rear portion of the subject property. It is understood that the existing uses and building/structures currently on the subject property would remain unaltered as they exist today. 5. The subject property is surrounded by agricultural lands, estate residential lots, and natural heritage features/systems. The subject property is located south of the Hamlet of Eden. Provincial Policy Statement, 2020 6. Section 2.3.4 of the Provincial Policy Statement (PPS) provide policy direction with respect to ‘Lot Creation and Lot Adjustments’ as follows: 2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently large to maintain flexibility for future changes in the type or size of agricultural operations; b) agriculture-related uses, provided that any new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; c) a residence surplus to a farming operation as a result of farm consolidation, provided that: 1. the new lot will be limited to a minimum size needed to accommodate the use and appropriate sewage and water services; and 2. the planning authority ensures that new residential dwellings are prohibited on any remnant parcel of farmland created by the severance. The approach used to ensure that no new residential dwellings are permitted on the remnant parcel may be recommended by the Province, or based on municipal approaches which achieve the same objective; and d) infrastructure, where the facility or corridor cannot be accommodated through the use of easements or rights-of-way. ARCADIS MEMORANDUM Municipality of Bayham – November 9, 2023 3 The applicant is seeking to create a new lot for the purpose of a residential use not supported by an agricultural operation. As previously mentioned, the applicant constructed a second single-detached dwelling on a parcel with one PIN (353420172) being a consolidation of two roll numbers #3401-000-006-07300 and #3401-000-006- 08201. It is our understanding that the merging of the properties occurred prior to the applicant purchasing the subject property. As such, it is our opinion that the proposed new lot to sever the existing dwelling is not considered a surplus farm dwelling to a farming operation. Staff cannot retroactively support and/or consider this a severance of a surplus farming dwelling, as the merging had already occurred prior to the applicant purchasing the subject property. 2.3.4.2 Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons. The PPS states, “Legal or technical reasons: means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot.” The proposed Consent Application would result in the creation of a new lot and does not meet the definition. 2.3.4.3 The creation of new residential lots in prime agricultural areas shall not be permitted, except in accordance with policy 2.3.4.1(c). The applicant is seeking to create a new residential lot to accommodate the existing second single-detached dwelling on the subject property. Therefore, the creation of a new residential lot is not permitted. 7. Based on the analysis provided above, it is our opinion that the proposed Consent Application is not consistent with the Provincial Policy Statement, specifically Section 2.3.4 pertaining to Lot Creation and Lot Adjustments. Elgin County Official Plan 8. The subject property is currently designated ‘Agricultural Area’ in Schedule ‘A’ of the Elgin County Official Plan. As per Section C2.3 of the County Official Plan, permitted uses include a single detached dwelling in conjunction with an agricultural use or a single detached dwelling on an existing vacant lot, subject to the policies of the lower tier Official Plan. Therefore, the two (2) single-detached dwellings on the subject property are not considered a permitted use, as only one (1) is permitted and must be supported by an agricultural use. 9. Policies pertaining to the creation of new lots on lands designated ‘Agricultural Area’ are set out in Section E1.2.3 of the County Official Plan. More specifically, Section E1.2.3.3, Technical Severances, states that: Consents may be granted for the purpose of creating an easement or right-of-way, where such severance does not result in the creation of a new lot except where the creation of new lots is to correct a situation where two or more lots have merged on title. Such new lots may be permitted anywhere in the County except on lands within the Agricultural Area designation, provided the approval authority is satisfied that: ARCADIS MEMORANDUM Municipality of Bayham – November 9, 2023 4 a) the merging of the lots was unintentional and was not merged as a requirement of a previous planning approval; b) the new lot is generally of the same shape and size as the lot which once existed as a separate conveyable lot; c) the new lot can be serviced with an appropriate water supply and means of sewage disposal provided there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services; d) the new lot fronts on and will be directly accessed by a public road that is maintained year-round by a public authority; e) there is no public interest served by maintaining the property as a single conveyable parcel; and, f) the new lot will conform to the access policies of the relevant road authority. Based Section E1.2.3.3 of the County Official Plan noted above, the proposed Consent Application would not be considered a ‘Technical Severance’, as this only policy applies to lands outside of the ‘Agricultural Area’ designation. Therefore, the above noted policy does not apply. 10. Section E1.2.3.4 of the County Official Plan provides direction with respect to ‘Lot Creation on Lands in the Agricultural Area’ as follows: In accordance with the intent of this Plan to maintain and protect the agricultural resource of the County and direct the majority of new residential growth to settlement areas or existing vacant building lots, new lots may be permitted if the local Official Plan supports their creation and if: a) the lot is to be severed to create a new farm lot and both the retained and severed parcels each have a lot area of about 40 hectares; or as established in the local planning documents or, b) the lot is to be created to accommodate a habitable residence that has become surplus to a farming operation as a result of a farm consolidation provided that the development of a new residential use is prohibited on any retained parcel of farmland created by the consent to sever, unless the retained parcel is the product of the merging in title of two adjacent agricultural parcels in which case a dwelling unit would be permitted as part of the operation; or, c) the lot is required for an agricultural-related use as outlined in Section C2.6 of this Plan, provided the new lot is limited to a minimum size needed to accommodate the use and appropriate sewage and water services. As per the above, the proposed severed lot is not intended for a new farm lot, but rather stand-alone residential use and would not meet the minimum lot area requirement of 40 ARCADIS MEMORANDUM Municipality of Bayham – November 9, 2023 5 hectares. Further, it is our opinion that the proposed new lot to sever the existing dwelling is not considered a surplus farm dwelling to a farming operation. The applicant constructed a second single-detached dwelling on a parcel with one PIN being a consolidation of two roll numbers #3401-000-006-07300 and #3401-000-006-08201. Staff cannot retroactively support and/or consider this a severance of a surplus farming dwelling, as the merging had already occurred prior to the applicant purchasing the subject property. Lastly, the proposed severed lot is not intended or required for an agricultural-related use as outlined in Section C2.6 of the Official Plan. Therefore, the proposed Consent Application does not meet the above noted criteria in Section E1.2.3.4 of the County Official Plan. 11. Based on the analysis provided above, the proposed Consent Application does not conform to the Elgin County Official Plan, specifically the consent policies pertaining to the ‘Agricultural Area’ designation, as well as the ‘Technical Severance’ policies. Municipality of Bayham Official Plan 12. The subject property is designated as ‘Agriculture’ land use, and the southern portion is designated ‘Natural Heritage’, as per Schedule ‘A1’ of the Municipality of Bayham Official Plan. 13. The Official Plan contains policies for the ‘Agriculture’ designation pertaining to Farm Consolidation and Surplus Farm Dwellings in Section 2.1.7.1 as follows: In accordance with the Provincial Policy Statement 2014, farm consolidation shall mean the acquisition of additional farm parcels to be operated as one farm operation. Farm consolidation may result in the identification of existing farm dwellings that are rendered surplus to the consolidated farm operation. Consents to sever and convey existing farm dwellings which were built and occupied a minimum of ten (10) years prior to the date of consent application, and which are surplus to a consolidated farm operation, may be permitted within the “Agriculture” designation in accordance with the following criteria: In the opinion of Municipal Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the subject lands; Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed from that farm parcel, and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership; A minimum of one existing dwelling within the Municipality of Bayham must be retained by the proponent farm operation, or a registered owner of the proponent farm operation. Based on the above, it is our opinion that the proposed Consent Application to sever an existing second single-detached dwelling on the subject property is not considered a surplus farm dwelling severance. As noted throughout this Memo, it is our ARCADIS MEMORANDUM Municipality of Bayham – November 9, 2023 6 understanding that the applicant purchased the subject property in April 2021, constructed a second single-detached dwelling on the subject property with one PIN being a consolidation of two roll numbers #3401-000-006-07300 and #3401-000-006-08201. It is our understanding that the merging of the properties occurred prior to the applicant purchasing the subject property. As such, it is our opinion that the proposed new lot to sever the existing second single-detached dwelling is not considered a surplus farm dwelling to a farming operation. Staff cannot retroactively support and/or consider this a severance of a surplus farming dwelling, as the merging had already occurred prior to the applicant purchasing the subject property. 14. The proposed severance is located outside of the ‘Natural Heritage’ designation. As such, Staff have no concerns with the proposed Consent Application in relation to the Natural Heritage policies of the Official Plan. 15. Based on the analysis provided above, the proposed Consent Application does not conform to the Bayham Official Plan, specifically the policies pertaining to Farm Consolidation and Surplus Farm Dwellings. Municipality of Bayham Zoning By-law 16. The subject property is currently zoned both Agricultural ‘A1’ and ‘A1-A’ Zone, as per the Bayham Zoning By-law Z456-2003. The proposed retained lot is within the existing ‘A1’ Zone, while the proposed severed lot is within the existing ‘A1-A’ Zone. As per Section 5.2 of the Zoning By-law, only one (1) existing single-detached dwelling or one (1) new single-detached dwelling on a vacant lot is permitted. Therefore, the two (2) single-detached dwellings on the subject property do not comply with the Zoning By-law. 17. In order to permit the stand-alone residential use on the proposed severed lot, the proposed lot would require a rezoning from ‘A1-A’ to a Rural Residential (RR) Zone. The proposed lot configuration can accommodate the setback and lot configuration regulations in the RR zone. 18. The proposed retained lot would require a rezoning from ‘A1’ to Special Agricultural (A2) zone to prohibit new dwellings. The proposed lot area meets the minimum lot area and minimum frontage requirements in the A2 zone. 19. Notwithstanding the above, a Zoning By-law Amendment to rezone the proposed severed and retained lots would not be supported by staff, given the rezoning would not conform to the Official Plan. The existing single-detached dwelling on the proposed severed lot would not conform to the Official Plan designation policies and Consent/Severance polices, as previously noted in the above sections of this Memo. ARCADIS MEMORANDUM Municipality of Bayham – November 9, 2023 7 Conclusion and Recommendations 20. Based on the above review of Consent Application E75/23 in relation to the existing policy framework, it is our opinion that the Consent Application be refused as follows: a) The proposed Consent Application is not consistent with the Provincial Policy Statement, specifically Section 2.3.4 pertaining to Lot Creation and Lot Adjustments; b) The proposed Consent Application does not conform to the Elgin County Official Plan, specifically the consent policies pertaining to the ‘Agricultural Area’ designation, as well as the ‘Technical Severance’ policies; c) The proposed Consent Application does not conform to the Municipality of Bayham Official Plan, notably the policies pertaining to Farm Consolidation and Surplus Farm Dwellings, and; d) The proposed Consent Application does not comply with the Municipality of Bayham Zoning By-law. 21. As an alternative approach to the proposed severance, Staff also recommend deferral of Consent Application E75/23 and recirculation if the applicant amends the current application as follows: a) Consent Application E75/23 would be amended to sever the subject property into two (2) farm parcels, reestablishing parcel fabrics similar to when the subject property wasn’t merged. Therefore, one (1) dwelling would be located on each of the proposed farm parcels. At the time of resubmission, the applicant’s proposal would need to ensure the two (2) farm parcel configurations meet the ‘A1/A1-A’ Zone minimum lot frontage of 150 metres, as well as a minimum lot area of 40.0 hectares for the westerly farm parcel and minimum lot area 20.0 hectares for the easterly farm parcel. If the amended Consent Application is Conditionally Approved by the Elgin County’s Land Division Committee, and the applicant satisfies the conditions and stamping of the deeds has occurred, then the subject property will be severed into two (2) farm parcels. b) Once the lands are successfully severed into two (2) farm parcels, a new Consent Application would be submitted by the applicant for a surplus farm dwelling severance. The new Consent Application would propose to sever the existing single-detached dwelling in the north-western corner of the subject property as a surplus farming dwelling, while the other existing single-detached dwelling would remain on the retained agricultural lands. As a Condition of Approval on the new Consent Application, a Zoning By-law Amendment would be required to rezone the proposed severed surplus farm dwelling lot to ‘Rural Residential’ (RR) Zone, while the retained agricultural lot would be rezoned to ‘Special Agricultural’ (A2) Zone. The A2 Zone would ARCADIS MEMORANDUM Municipality of Bayham – November 9, 2023 8 prohibit any future construction of a new dwelling unit on the retained agricultural lot. If the new Consent Application is Conditionally Approved by the Elgin County’s Land Division Committee, and the applicant satisfies the conditions and stamping of the deeds has occurred, the proposed surplus farm dwelling lot and retained agricultural lot will be successfully severed. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham The Corporation of the City of Cambridge Corporate Services Department Clerk’s Division The City of Cambridge Tel: (519) 740-4680 ext. 4585 mantond@cambridge.ca October 27, 2023 Re: Support for Bill 21, Fixing Long-Term Care Amendment Act At its Council Meeting of October 24, 2023, the Council of the Corporation of the City of Cambridge passed the following Motion: WHEREAS the care, support, and happiness of older adults in Cambridge is a priority for City Council; WHEREAS older adults deserve dignity in care and should have the right to live with their partner as they age; WHEREAS within the Province of Ontario couples do not have the right to be accommodated together when entering long term care facilities; WHEREAS the separation of spouses upon entering long term care facilities is a common occurrence across Ontario; WHERAS Bill 21, Fixing Long-Term Care Amendment Act (Till death do us part) was first introduced in the provincial legislature in 2019 and was reintroduced in 2022; WHEREAS Bill 21 amends the Residents’ Bill of Rights set out in section 3 of Fixing Long-Term Care Act, 2021 by adding the right of residents not to be separated from their spouse upon admission and to have accommodation made available for both spouses so they may continue to live together; WHEREAS Bill 21 passed its second reading in the provincial legislature on November 15, 2022 and was subsequently ordered referred to the Standing Committee on Social Policy and has since yet to be called to the Standing Committee; WHEREAS the Conservative provincial Government may bring forward a new Bill that in principle supports the intent of Bill 21 to fix the Long-Term Care Amendment Act; BE IT RESOLVED THAT the City of Cambridge supports any future Bill to fix the Long-Term Care Amendment Act; AND THAT the City of Cambridge requests the provincial legislature enact any current and future proposed Bills to fix the Long-Term Care Amendment Act. AND FURTHER THAT the City Clerk be directed to send a copy of this motion to the Region of Waterloo, Province of Ontario, The Honourable Premier of Ontario, The Right Honourable Provincial Members of Parliament, and all Ontario Municipalities. Should you have any questions related to the approved resolution, please contact me. Yours Truly, Danielle Manton City Clerk Cc: (via email) Hon. Premier Ford Hon. Provincial Members of Parliament Region of Waterloo Province of Ontario All Ontario Municipalities FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of October 4, 2023 Approved November 1, 2023 Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Dave Beres Town of Tillsonburg Doug Brunton Norfolk County Robert Chambers County of Brant Tom Masschaele Norfolk County Stewart Patterson Haldimand County Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford Regrets: Shelley Ann Bentley Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Jessica King, Social Media and Marketing Associate Zachary Cox, Interim Marketing Coordinator Dana McLachlan, Executive Assistant *D. Beres joined the meeting at 6:46 p.m. 1. Welcome and Call to Order The Chair called the meeting to order at 6:30 p.m., Wednesday, October 4, 2023. 2. Additional Agenda Items Member Van Paassen requested an additional agenda item. A-86/23 Moved by C. Van Paassen Seconded by T. Masschaele THAT the LPRCA Board of Directors add “a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Authority” under a Closed Session as item 11 (a) to the October 4, 2023 agenda. Carried FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 - 3. Declaration of Conflicts of Interest None were declared. 4. Hearing A-87/23 Moved by M. Columbus Seconded by S. Patterson THAT the LPRCA Board of Director’s does now sit as a Hearing Board. Carried The roll was called to conduct the following Hearing under Section 28 of the Conservation Authorities Act. Shelley Ann Bentley and Dave Beres were absent from the call. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Hearing: LPRCA-199/23 (Venman) Leigh-Anne Mauthe introduced the applicants Derek and Joanne Venman and proceeded to present the staff hearing report. An application was deemed complete to construct an open-walled accessory structure. The lands are subject to slope stability and erosion related hazards from Lake Erie and is fully regulated under O. Reg. 178/06. Dave Beres arrived at 6:46 p.m. Staff recommended refusal to grant a permit for this application for the following reasons: 1. The construction of a structure in the Lake Erie shoreline unstable slope and erosion hazard along South Coast Drive is contrary to the LPRCA policies for development in the area of the subject lands. These policies have been implemented to reduce or eliminate preventable property damage due to unstable slopes and shoreline erosion. 2. This construction of a structure affects the control of erosion in that it increases the potential for damage from slope instability and erosion. 3. The proposal is not unique; therefore, the granting of an exemption to policy could be seen as setting precedent. Similar applications may have to be permitted as a consequence Mr. and Mrs. Venman addressed the board and advised that the drawings for the FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 - shoreline protection was completed by an engineer. The area in which they wish to construct the gazebo is in the same location as a previous gazebo and hot tub. Staff and the proponent responded to questions from the Board. D. Beres apologized for being late to the hearing and, as per Section 3.3 of the Hearing Procedures Policy, did not participate in any of the discussions, attend the closed hearing or vote on the decision. A-88/23 Moved by R. Weisler Seconded by M. Columbus THAT the LPRCA Hearing Board does now enter into a closed session to discuss:  Litigation or potential litigation, including matters before administrative tribunals (e.g. Local Planning Appeal Tribunal), affecting the Authority. Carried The LPRCA Hearing Board reconvened in open session at 7:41 p.m. The Chair advised Derek and Joanne Venman that the permit has been approved. A-89/23 Moved by T. Masschaele Seconded by D. Brunton That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. Carried 5. Minutes of the Previous Meeting a) Board of Directors Meeting of September 6, 2023 There were no questions or comments. A-90/23 Moved by C. Van Paassen Seconded by R. Weisler THAT the minutes of the LPRCA Board of Directors Meeting held September 6, 2023 be adopted as circulated. Carried FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 - 6. Business Arising There was no business arising from the previous minutes. 7. Review of Committee Minutes No committee minutes were presented. 8. Correspondence a) Hamilton CA Board Resolution re: Reverse Changes to the Conservation Authorities Act and Ontario Wetland Evaluation System The Hamilton Conservation Authority Board passed a resolution to submit a request to the provincial government to reverse recent legislative changes affecting the effectiveness of Conservation Authorities in protecting natural heritage and to circulate the resolution to local Members of Provincial Parliament, Conservation Ontario, and all Ontario Conservation Authorities. A-91/23 Moved by D. Beres Seconded by P. Ypma THAT the correspondence outlined in the Board of Directors Agenda of October 4, 2023 be received as information. Carried 9. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegating authority, 19 applications were approved in the past month. LPRCA-81/23-revised, LPRCA-138/23, LPRCA-147/23, LPRCA-174/23, LPRCA-180/23, LPRCA-181/23, LPRCA-182/23, LPRCA-184/23, LPRCA-185/23, LPRCA-186/23, LPRCA-187/23, LPRCA-191/23, LPRCA-192/23, LPRCA-193/23, LPRCA-194/23, LPRCA-195/23, LPRCA-196/23, LPRCA-203/23 and LPRCA-204/23 A-92/23 Moved by T. Masschaele Seconded by R. Weisler FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 5 - THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated October 4, 2023 as information. Carried 10. New Business a) General Manager’s Report The General Manager provided an overview of operations this past month. The Lands and Waters Department offers several programs to landowners to provide expertise and/or financial assistance through various government programs. Staff are currently working with landowners in the municipality of Bayham for three erosion control projects. Uptake by landowners for the Cover Crop Program has been very positive and applications to the program to date amount to 897 acres to be planted in cover crops with a funding allocation of approximately $29,000. Staff continue to collect stream samples throughout the watershed on behalf of the province for their water quality and monitoring programs. A-93/23 Moved by S. Patterson Seconded by C. Van Paassen THAT the LPRCA Board of Directors receives the General Manager’s Report for September 2023 as information. Carried b) Backus Museum Committee Member Terms Three of the five Backus Museum Committee Community members’ terms expire this year, and have requested to continue working as part of the committee. Staff requested an extension of two years for these members while continuing efforts to attract new members. A-94/23 Moved by D. Beres Seconded by M. Columbus THAT the LPRCA Board of Directors extend the terms of appointment of the Backus Museum Committee Community Members for an additional two (2) years. Carried FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 6 - c) Status of Compliance with O. Reg. 687/21 – October 1, 2023 Progress Report The final Progress Report and the Inventory of Programs and Services was submitted to the Ministry of Natural Resources and Forests (MNRF) on October 1. This Inventory of Programs and Services will be used to prepare the 2024 budget. The final Inventory of Programs and Services is required to be submitted to participating municipalities and MNRF by January 31, 2024. Ontario Regulation 178/06 Long Point Region Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses will be replaced with a generic regulation for all conservation authorities. Further information will be forthcoming in the new year from MNRF. A-95/23 Moved by R. Weisler Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the report on the status of compliance with O. Reg. 687/21- October 1, 2023 Progress Report. Carried d) Vittoria Environmental Assessment Update The purpose of the Vittoria Environmental Assessment (EA) is to determine the future of the Vittoria Dam. Leigh-Anne Mauthe provided an update on the Vittoria EA Liaison Committee and the consultant activities to date. The consultant, Matrix Solutions Inc., met with the Community Liaison Committee (CLC) for their first meeting and presented a list of completed tasks, the findings, and a list of preliminary alternatives. The committee members shared historical knowledge and provided alternative solutions for consideration. Over the next couple of months, Matrix Solutions will continue to meet with the CLC and host a public information session. A-96/23 Moved by R. Weisler Seconded by P. Ypma THAT the LPRCA Board of Directors receives the Vittoria Environmental Assessment Update as information. Carried FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 7 - The closed session began at 8:13 p.m. 11. Closed Session A-97/23 Moved by C. Van Paassen Seconded by R. Weisler THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Authority. Carried The Board reconvened in open session at 8:40 p.m. Next meeting: November 1, 2023, Board of Directors November 8, 2023, Budget Adjournment The Chair adjourned the meeting at 8:41 p.m. John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm www.elgincounty.ca · 450 Sunset Drive, St. Thomas, ON N5R 5V1 · (519) 631 - 1460 October 27, 2023 Hon. Doug Ford Premier of Ontario Premier’s Office Room 281 Legislative Building, Queen’s Park Toronto, ON M7A 1A1 premier@ontario.ca Re: Resolution in Support of Updating the Municipal Freedom of Information and Protection of Privacy Act On behalf of Elgin County Council, I am writing to urge the Ontario Government to consider updating and modernizing the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). At its meeting on October 24, 2023, Elgin County Council considered a staff report prepared in response to a resolution circulated by the Town of Bracebridge lobbying for the need to update and modernize MFIPPA and passed the following resolution: “Moved by: Deputy Warden Jones Seconded by: Councillor Hentz RESOLVED THAT County Council hereby supports revisions to the Municipal Freedom of Information and Protection of Privacy Act as outlined in the report from the Director of Community and Cultural Services and Director of Legal Serviced titled “Resolution in Support of Updating the Municipal Freedom of Information and Protection of Privacy Act; and THAT the Warden on behalf of Elgin County Council issue a letter to the Premier of Ontario; Minister of Municipal Affairs and Housing; Minister of Public and Business Service Delivery; Member of Provincial Parliament for Elgin-Middlesex-London; local municipal partners in the County of Elgin; and the Association of Municipal Managers, Clerks and Treasurers of Ontario; and THAT the resolution from the Town of Bracebridge “Time for Change – Municipal Freedom of Information and Protection of Privacy Act” dated September 15, 2023 be received and filed. Motion Carried.” Elgin County Council supports the efforts to update and modernize MFIPPA and strongly urges the Ontario Government to consider the following improvements proposed by the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO): www.elgincounty.ca · 450 Sunset Drive, St. Thomas, ON N5R 5V1 · (519) 631 - 1460 1. Strengthen municipal accountability and transparency: - MFIPPA should provide clarity on the sharing and use on information across institutions. - Provide guidance regarding open data. 2 Adoption of a Routine Disclosure and Active Dissemination Policy. 3. Consider integrating the Personal Information Bank with another existing accountability and transparency measure such as Routine Disclosure or Active Dissemination procedures. 4. Provide minimum standards for privacy management and breach protocols. 5. Designate clerks as heads of municipalities under the Act. 6. Include a provision in the Act for regular (5 year) review of Act and General Regulation that will: - Ensure that the Act is reflective of recent orders and guidance of the Office of the Information and Privacy Commissioner of Ontario (IPC); - Update the Act to reflect new and emerging technology 7. Enhance frivolous and vexatious provisions, expand the definition and provide a statutory legal test for administrators to utilize. 8. Add mechanisms to confirm that requests with offensive and inappropriate language may be refused. 9. Add a provision to the Act to permit municipalities to adopt a ‘bulk user’ policy. 10. Ensure that the Act is consistent with other applicable legislation. Where the Act is not consistent, provide guidance on which legislation prevails. 11. Define timelines within MFIPPA as business-days so that municipalities have the necessary time to effectively respond. 12. Modify the definition of a record to include electronic mail, instant message chats and voicemails, while clarifying the scope of disclosures required within these records (e.g. only last email on email thread necessary). 13. Provide clarity in the Act regarding the application of the Act to records of Members of Council. More specifically, provide a statutory legal test for determining whether a record is a municipal record. 14. Ensure fees are reflective of current processes, and keep pace with inflation, to accurately capture administration fees and reduce burden on local ratepayers. 15. Review the Act to “clean-up” references to outdated processes and technology. 16. Offer institutions updated training and guidance materials on MFIPPA on an annual basis targeted to both municipal staff and elected officials to ensure municipal staff have capacity to deal with increasing complexity of privacy and information matters, and that they have the support of their elected leadership. www.elgincounty.ca · 450 Sunset Drive, St. Thomas, ON N5R 5V1 · (519) 631 - 1460 17. Revise annual reporting, as required in the Act, to ensure that data being collected is relevant. Consider replacing IPC reporting with requirements that municipalities report to their councils. 18. Provide more transparency on IPC processes and include in the Act timelines for IPC processing (e.g. timelines for resolution of IPC adjudication). A copy of the staff report and the resolution from the Town of Bracebridge is attached for your information. Yours truly, Warden Ed Ketchabaw warden@elgin.ca 519-619-8432 cc Hon. Paul Calandra, Minister of Municipal Affairs and Housing Hon. Todd McCarthy, Minister of Public and Business Service Delivery Hon. Rob Flack, Member of Provincial Parliament for Elgin-Middlesex-London Elgin County Municipalities Association of Municipal Managers, Clerks and Treasurers of Ontario 1 REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services Nicholas Loeb, Director of Legal Services DATE: September 27, 2023 SUBJECT: Resolution in Support of Updating the Municipal Freedom of Information and Protection of Privacy Act RECOMMENDATION: THAT County Council hereby supports revisions to the Municipal Freedom of Information and Protection of Privacy Act as outlined in the report from the Director of Community and Cultural Services and Director of Legal Serviced titled “Resolution in Support of Updating the Municipal Freedom of Information and Protection of Privacy Act; and, THAT the Warden on behalf of Elgin County Council issue a letter to the Premier of Ontario; Minister of Municipal Affairs and Housing; Minister of Public and Business Service Delivery; Member of Provincial Parliament for Elgin-Middlesex-London; local municipal partners in the County of Elgin; and the Association of Municipal Managers, Clerks and Treasurers of Ontario; and, THAT the resolution from the Town of Bracebridge “Time for Change – Municipal Freedom of Information and Protection of Privacy Act” dated September 15, 2023 be received and filed. INTRODUCTION: The Town of Bracebridge has circulated the attached item for discussion lobbying for the need to update and modernize the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 (MFIPPA). The Director of Community and Cultural Services recently served on a taskforce through the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) which is also recommending updates to MFIPPA. This report recommends that County Council issue a letter of support to the Government of Ontario citing specific improvements as outlined in this report. DISCUSSION: Staff recommend that Council support efforts to update and modernize MFIPPA. Staff are generally supportive of the resolution from the Town of Bracebridge, save and 2 except recitals pertaining to the anonymity of requestors and the ability of legal professionals to submit applications under the Act. Staff feel that anonymity should be be protected and that legal professionals should be able to utilize the process like any other individual. With these exceptions, staff are generally supportive of the resolution from the Town of Bracebridge. At the same time, the Association of Municipal Mangers, Clerks and Treasurers of Ontario is also lobbying for updates to MFIPPA. Staff generally endorse AMCTO’s efforts, including: 1. Strengthen municipal accountability and transparency: - MFIPPA should provide clarity on the sharing and use on information across institutions. - Provide guidance regarding open data. 2 Adoption of a Routine Disclosure and Active Dissemination Policy. 3. Consider integrating the Personal Information Bank with another existing accountability and transparency measure such as Routine Disclosure or Active Dissemination procedures. 4. Provide minimum standards for privacy management and breach protocols. 5. Designate clerks as heads of municipalities under the Act. 6. Include a provision in the Act for regular (5 year) review of Act and General Regulation that will: - Ensure that the Act is reflective of recent orders and guidance of the Office of the Information and Privacy Commissioner of Ontario (IPC); - Update the Act to reflect new and emerging technology 7. Enhance frivolous and vexatious provisions, expand the definition and provide a statutory legal test for administrators to utilize. 8. Add mechanisms to confirm that requests with offensive and inappropriate language may be refused. 9. Add a provision to the Act to permit municipalities to adopt a ‘bulk user’ policy. 10. Ensure that the Act is consistent with other applicable legislation. Where the Act is not consistent, provide guidance on which legislation prevails. 11. Define timelines within MFIPPA as business-days so that municipalities have the necessary time to effectively respond. 12. Modify the definition of a record to include electronic mail, instant message chats and voicemails, while clarifying the scope of disclosures required within these records (e.g. only last email on email thread necessary). 3 13. Provide clarity in the Act regarding the application of the Act to records of Members of Council. More specifically, provide a statutory legal test for determining whether a record is a municipal record. 14. Ensure fees are reflective of current processes, and keep pace with inflation, to accurately capture administration fees and reduce burden on local ratepayers. 15. Review the Act to “clean-up” references to outdated processes and technology. 16. Offer institutions updated training and guidance materials on MFIPPA on an annual basis targeted to both municipal staff and elected officials to ensure municipal staff have capacity to deal with increasing complexity of privacy and information matters, and that they have the support of their elected leadership. 17. Revise annual reporting, as required in the Act, to ensure that data being collected is relevant. Consider replacing IPC reporting with requirements that municipalities report to their councils. 18. Provide more transparency on IPC processes and include in the Act timelines for IPC processing (e.g. timelines for resolution of IPC adjudication). Further explanation of these recommendations is outlined through AMCTO’s draft submission on pages 52-73 of the following: https://www.amcto.com/media/1091. FINANCIAL IMPLICATIONS: Not applicable. ALIGNMENT WITH STRATEGIC PRIORITIES: 4 Serving Elgin Growing Elgin Investing in Elgin ☐ Ensuring alignment of current programs and services with community need. ☐ Exploring different ways of addressing community need. ☒ Engaging with our community and other stakeholders. ☐ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ☐ Fostering a healthy environment. ☐ Enhancing quality of place. ☐ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ☒ Delivering mandated programs and services efficiently and effectively. LOCAL MUNICIPAL PARTNER IMPACT: The County’s local municipal partners may choose to endorse County Council’s recommendations and are being circulated on this report. COMMUNICATION REQUIREMENTS: Staff are recommending that the Warden issue a letter to the Premier and relevant Ministers of the Government of Ontario in support of revisions to MFIPPA and in response to efforts by other municipalities in this regard. CONCLUSION: County Council recently updated the County’s Access to Information and Privacy Policy which incorporates many of the recommendations being made in this report. Approved for Submission Don Shropshire Chief Administrative Officer/Clerk All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services Nicholas Loeb Director of Legal Services September 15, 2023 Re: Item for Discussion - Item for Discussion – Time for Change - Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) At its meeting of September 13, 2023, the Council of the Corporation of the Town of Bracebridge ratified motion 23-GC-184, regarding the Item for Discussion – Time for Change - Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), as follows: “WHEREAS the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 (MFIPPA) came into force and effect on January 1, 1991; AND WHEREAS municipalities, including the Town of Bracebridge, practice and continue to promote open and transparent government operations, actively disseminate information and routinely disclose public documents upon request outside of the MFIPPA process; AND WHEREAS government operations, public expectations, technologies, and legislation surrounding accountability and transparency have dramatically changed and MFIPPA has not advanced in line with these changes; AND WHEREAS the creation, storage and utilization of records has changed significantly, and the Clerk of the Municipality is responsible for records and information management programs as prescribed by the Municipal Act, 2001; AND WHEREAS regulation 823 under MFIPPA continues to reference antiquated technology and does not adequately provide for cost recovery, and these financial shortfalls are borne by the municipal taxpayer; AND WHEREAS the threshold to establish frivolous and/or vexatious requests is unreasonably high and allows for harassment of staff and members of municipal councils, and unreasonably affects the operations of the municipality; AND WHEREAS the MFIPPA fails to recognize how multiple requests from an individual, shortage of staff resources or the expense of producing a record due to its size, number, or physical location does not allow for time extensions to deliver requests and unreasonably affects the operations of the municipality; AND WHEREAS the name of the requestor is not permitted to be disclosed to anyone other than the person processing the access request, and this anonymity is used by requesters to abuse the MFIPPA process and does not align with the spirit of openness and transparency embraced by municipalities; AND WHEREAS legal professionals use MFIPPA to gain access to information to launch litigation against institutions, where other remedies exist; Page 2 AND WHEREAS there are limited resources to assist administrators or requestors to navigate the legislative process; AND WHEREAS reform is needed to address societal and technological changes in addition to global privacy concerns and consistency across provincial legislation; NOW THEREFORE BE IT RESOLVED THAT the Ministry of Public and Business Service Delivery be requested to review MFIPPA, and consider recommendations as follows: 1. That MFIPPA assign the Municipal Clerk, or their designate to be the Head under the Act; 2. That MFIPPA be updated to address current and emerging technologies; 3. That MFIPPA regulate the need for consistent routine disclosure practices across institutions; 4. That the threshold for frivolous and/or vexatious actions be reviewed, and take into consideration the community and available resources in which it is applied; 5. That the threshold for frivolous and/or vexatious also consider the anonymity of requesters, their abusive nature and language in requests to ensure protection from harassment as provided for in the Occupational Health and Safety Act; 6. That the application and scalability of fees be designed to ensure taxpayers are protected from persons abusing the access to information process; 7. That administrative practices implied or required under MFIPPA, including those of the Information and Privacy Commissioner (IPC), be reviewed and modernized; 8. That the integrity of MFIPPA be maintained to protect personal privacy and transparent governments; and 9. And that this resolution be sent to the Premier of Ontario; Minister of Municipal Affairs and Housing; Minister of Public and Business Service Delivery; and Member of Provincial Parliament for Parry Sound-Muskoka; Muskoka and Area Indigenous Leadership Table (MAILT); and all Ontario Municipalities.” In accordance with Council’s direction, I am forwarding you a copy of the resolution for you reference. Please do not hesitate to contact me if I can provide any additional clarification in this regard. Yours truly, Lori McDonald Director of Corporate Services/Clerk REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: November 16, 2023 REPORT: CAO-59/23 SUBJECT: AWARD OF RFP 23-03 – INSURANCE AND RISK MANAGEMENT SERVICES BACKGROUND At its September 15, 2022 meeting, Council received Report CAO-47/22 re 2023 Insurance Update for information purposes. The Report outlined preliminary impacts to the Municipality’s insurance program for 2023, including projected increases in property, general liability, and umbrella coverage, which would likely result in a marked increase to annual premiums for the third renewal in succession. At its December 15, 2022 meeting, Council received Report CAO-69/22 re 2023 Insurance Renewal. The Report and discussion identified that Council was desirous of an insurance market check to ensure Bayham’s premiums were competitive with current market trends in public-sector insurance, recognizing that there are only a few entities in the municipal realm that offer comprehensive insurance and risk management packages. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-69/22 re 2023 Insurance Renewal be received for information; AND THAT the 2023 Municipal Insurance Program be obtained from Marsh Canada Limited in accordance with the offer to renew, dated November 30, 2022, at a total premium of $203,681 plus applicable taxes; AND THAT staff be directed issue a Municipal Insurance Program Request for Proposals (RFP) process in 2023 for the 2024 Municipal Insurance Program. The Municipality of Bayham retained Joy Jackson, FCIP, RF, Cunnart Associates to: • Review and advise on the draft RFP 23-03 Insurance & Risk Management Services document; and • Upon receipt of responses to RFP 23-03 Insurance & Risk Management Services to provide a written comparison of the responses along with a recommendation. Cunnart Associates was the same entity that provided review and comment with respect to the previous RFP (19-01) issued for insurance and risk management. A copy of the Cunnart Associates Report & Evaluation is attached hereto. DISCUSSION On September 14, 2023, the Municipality of Bayham issued RFP 23-03 Insurance & Risk Management Services. RFP 23-03 - Insurance & Risk Management Services - closed at 1pm on October 26, 2023. The public opening was conducted by the Chief Administrative Officer and Clerk. The results of RFP 23-03 Insurance & Risk Management Services are as follows: Proponent Total Annual Premium1 Total Score Intact Public Entities $203,831 114 Marsh Canada Limited $209,819 116 As a component of RFP 23-03, proposal were asked to provide information regarding cyber insurance coverage as the Municipality has not historically had stand-alone cyber insurance. Marsh Canada Limited (Marsh)’s proposal is inclusive of cyber coverage while Intact Public Entities (IPE)’s is not. The cyber premium proposed by Marsh is $10,180/annum. When comparing both proposals without cyber coverage, Marsh’s premium is $199,639 and, based on the third-party review by Cunnart Associates, provides higher and better coverage on some risks, whereas IPE’s coverage is more tailored to common municipal risks as their experience overall has the municipal edge over Marsh. Marsh is the Municipality’s current insurance provider. They were awarded RFP 19-01 in 20192 and have provided insurance and risk management services for 2020 through 2023. Prior to this, Bayham was with Frank Cowan Company Limited (2012-2019), and JLT Canada (prior to 2012). Bayham’s 2023 insurance premium was $203,681. Marsh’s proposal for 2024 represents a 3 percent increase from 2023, despite a market-wide 7 percent increase to property values, generally being requested by public-sector insurers. It is worth identifying that the difference between RFP 23-03 proposals is only 2.9 percent. When the results of RFP 19-01 were presented to Council by way of Report CAO-63/19, the difference between the two scored proposals was 29 percent. This is an important consideration because, as the procurement process utilized was an RFP, there is no obligation on the part of the Municipality to proceed with the lowest compliant proposal. Based on the review conducted by Cunnart Associates in support of the process for RFP 23-03, it is recommended that the 2024 Municipal Insurance Program be obtained through Marsh based on their proposal submitted and evaluated for same. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable. 1 Excludes applicable taxes. The Municipality will incur a non-refundable 1.76 percent HST on any costs identified. 2 JLT Canada was awarded RFP 19-01, but has since been rebranded to Marsh Canada Limited. ATTACHMENTS 1. Cunnart Associates Report & Evaluation, RFP 23-03, dated November 7, 2023 RECOMMENDATION 1. THAT Report CAO-59/23 re Award of RFP 23-03 – Insurance and Risk Management Services be received for information; 2. AND THAT the 2024 Municipal Insurance Program be obtained from Marsh Canada Limited. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer 1 November 2023 REPORT ON RFP 2023-03 PROPOSAL FOR GENERAL INSURANCE AND RISK MANAGEMENT SERVICES PROGRAM Table of Contents Executive Summary ....................................................................................................................................... 2 Scope of Work ............................................................................................................................................... 2 Issues Identified in Review ............................................................................................................................ 3 Differences to Consider ................................................................................................................................ 3 Recommendation .......................................................................................................................................... 4 Independence ............................................................................................................................................... 4 Confidentiality ............................................................................................................................................... 4 Records Retention ......................................................................................................................................... 4 Subcontractors .............................................................................................................................................. 4 Fee for Work ................................................................................................................................................. 4 Errors and Omissions Excepted .................................................................................................................... 4 Conclusion ..................................................................................................................................................... 4 Appendix 1 .................................................................................................................................................... 5 Appendix 2 .................................................................................................................................................... 7 2 November 2023 Executive Summary This report was ordered to examine the quotations received in response to the Municipality of Bayham (Bayham) RFP 2023-03 General Insurance and Risk Management Services Program (RFP). Specifically, the work is to evaluate the risk management services offered by each proponent and the accompanying risk financing options provided through insurance coverage. The analysis compared each Proponent’s response to assess how their proposed services, types of insurance coverage, and quoted premiums compare with one another. While the total annual premium is important, so too is the availability of qualified broker personnel and assigned employees who have familiarity with the needs and operating culture of local municipalities. All three proponents met these criteria. This report finds that two proponents, Intact Public Entities and Marsh Canada Limited, scored very closely overall in terms of experience, expertise and breadth of services and coverage. However, the premium offered by Marsh is inclusive of cyber insurance coverage and is competitive with Intact’s premium. This difference results in Marsh being the preferred proponent. Scope of Work The scope of the work was to review and advise on the draft Request For Proposal document. Upon receipt of the three responses to an RFP 2023-03 and to provide a written comparison of these responses along with a recommendation as to the ‘best fit’ for the term. Numerical rating of each proponent was completed using the format included in the RFP. The two proponents are: • Marsh Canada Limited • Intact Public Entities Inc. All proposals offered both insurance coverage and risk management services. Services varied by Proponent and include, but were not limited to, insurance procurement, property inspections and appraisals, risk management and insurance training for municipal employees and claims handling / oversight. Overall, the services offered were substantially similar. The work included development and completion of a spreadsheet to compare coverage, services and fees proposed by each Proponent. Every reasonable effort has been made to ensure accuracy and validity in this report. Should any inadvertent errors or omissions be found appropriate adjustments will be made promptly, if requested within thirty (30) days, at no additional cost to Bayham. The scope of work did not include: • Identification and analysis of exposures; • Review and evaluation of historical claims information; • Review of Bayham’s internal processes, controls and resources or contracted services allotted to risk and insurance management. Note: The proposals were not reviewed for receipt by the due date or that the form of proposal met the Bayham’s requirements. 3 November 2023 Issues Identified in Review Municipal insurance buyers are encountering a difficult period in obtaining competitive proposals and pricing. While periodically insurance premiums have high and low cycle there are few competitors for the municipal business at this time as evidenced by the receipt of only two proposals. Insurers rely on premiums and investment income to pay claims. Insurers are required to use ‘safe’ investment vehicles – which usually carry the lowest rate of return - to ensure that there are funds available when claims occur. Though interest rates are higher than they have been in recent years, costly losses from fires, floods and unpredictable lawsuits have created the current ‘hard market’. Typical features of a hard market are higher premiums, more coverage exclusions, fewer types of policies being offered, higher deductibles and fewer insurers competing to insure perceived ‘high-risk’ clients. This market is evident from the Proponents responses. For example: 1. Premium variability: The premiums quoted are relatively close (3% difference) there are coverage differences between the two Proponents. a. All quoted premiums may be reduced if higher deductible levels are chosen. However, the savings must be balanced against a) the cost of future claims within the increased deductible level and b) the impact on municipal services of higher deductibles unless there Bayham has reserve funds set aside to pay those costs. b. Proponents have noted that some coverages quoted are subject to an audit of Bayham’s business practices, premises inspections and other additional information being submitted following notification that they are the successful Proponent. In those circumstances, the type of coverage and/or premium charged may change. c. Only key differences are noted in the chart that follows; there are numerous other variances. In particular, note that Intact did not offer Cyber Insurance. d. Both Proponents offer on-line web-based risk management resources for clients’ use in addition to telephone, virtual and in-person attendance. 2. Premiums shown below exclude HST. Differences to Consider Ultimately, the variety and extent of services and insurance coverage available result in some proponents being a better ‘fit’ in some areas, but less so in others. The key is to select the proponent that provides the best overall combination of professional, responsive service and insurance coverage for the most likely categories of serious losses. A summary of key differences in the two proposals are described in Appendix 1. 4 November 2023 Recommendation The proponent, Marsh Canada Limited, scored well with all three references responding to follow-up, and included a cyber insurance premium. No recommendation was provided Intact clients. Independence Cunnart Associates is not engaged in brokerage or sales of insurance, third party administration, claims handling, or any similar services. No compensation is received from any corporations involved in those services. Confidentiality As part of its proposal, the Consultant shall keep all information it may receive in the course of conducting its work confidential Records Retention Consultant shall maintain records for three (3) years after final payment is made. Subcontractors No subcontractors were engaged in completing this work. Fee for Work An invoice will follow separately by email. No HST applies. Errors and Omissions Excepted All reports, files and other documents prepared and submitted are complete and carefully checked prior to submission to Bayham. Contractor agrees that Bayham review is discretionary and Contractor does not assume that the Bayham will discover errors and/or omissions. Any errors or omissions prior to, or after acceptance will be corrected by the Contractor. Conclusion Thank you for the opportunity to provide the Municipality of Bayham with this review of proposals for Risk Financing and Risk Management services. (Submitted by email) Sincerely, Joy Jackson Joy Jackson, FCIP, RF Cunnart Associates 5 November 2023 Appendix 1 Key Coverage Differences Bayham Request Intact Marsh Pricing: exclusive of HST $203,831 Note – without Cyber coverage $209,819 Note: if Cyber coverage removed reduces Marsh pricing to $199,639 Cyber Coverage not offered; May be available on completion of applications Basic coverage 2,000,000 included in proposal Limits vary by sub-section (page 15) Abuse / Molestation Liability Bayham did not specify a retroactive date 2,0000,000 'per claim' and aggregate limit; claims made; 15,000 deductible Coverage begins January 1, 2024 Abuse coverage limit 250,000; maximum 500,000 per term Coverage retroactive to January 1, 2020 Environmental Impairment Coverage similar to last term 3,000,000 any one Claim and 5,000,000 Aggregate Deductible 10,000 Coverage similar to last term; limit 5,000,000 and aggregate $5 million Deductible 10,000 Unlimited retro-active date Incidental Medical Malpractice Full coverage – not incidental Deductible NIL $5,000,000 per claim Retroactive Date: 11/15/1993 Board members Accident (Mayor, Deputy Mayor + 3 Councillors) 250,000 Board Members Deductible NIL all losses Out of Province physicians & surgeons’ services covered includes death of spouse while travelling Note: must be under age 80 and on duty at time of accident Critical Injury coverage available as an option 250,000 per person with 2,500,000 limit per accident Deductible NIL all losses Includes $1,000,000 Out of Province medical / person Note: must be under age 80 and on duty See policy SRG 9112265- Page 1 for details Volunteers Accident 50,000 Accidental Injury, Death & Dismemberment 100,000 Paralysis $500 Weekly Income – Total Loss $250 Weekly Income – Partial Loss Note: to qualify for weekly income volunteers must be gainfully employed immediately prior to the injury 50,000 Accidental Injury, Death & Dismemberment with 1,000,000 aggregate per accident Deductible NIL Note: to qualify for weekly income volunteers must be on duty at time of accident and gainfully employed immediately prior to the injury Crime Coverage offered as requested Coverage offered as requested Property $5,000 deductible 50,000,000 limit on equipment breakdown 5,000 deductible 30,393,357 limit on Equipment Breakdown 6 November 2023 Fine Arts deductible $2,500 Earthquake deductible: 3% or $100,000 Equipment Breakdown limit $50,000,000 Heritage buildings included for replacement cost Vacant Light House insured for Actual Cash Value Named (i.e., limited) Perils, $10,000 deductible and excluding flood and earthquake • Earthquake deductible 3% or $100,000 deductible – per premises • Bridges over 100’ long require full construction information prior to coverage 10,000 deductible (some deviations apply) All heritage properties covered for Replacement Cost only. • Earthquake Deductible 5% or $100,000 per occurrence • Bridges not covered Flood (Deductible $25,000) Deductible 25,000 - Intact reviewing wildfire & flood risks – unclear what result of review may be Deductible 100,000 Risk Management services List of services included, indicates the number of services available each term at no additional cost No indication of cost of optional services A wide variety of services is available; it is unclear which are fully included and which are at additional cost 7 November 2023 Appendix 2 Proposal Scoring The table below sets out the final scoring for the two Proposals. The Proponent awarded the contract will hold overall accountability for providing quality insurance and risk management services. The insurance and risk management services offered by the proponents are similar but not identical. Intact Marsh Cost Evaluation without Cyber (premium and services) 30 29 Cost Evaluation WITH Cyber (premium and services) 29 30 Including Technical Evaluation (qualifications, experience, etc.) 55 57 Total 114 116 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-084 A BY-LAW TO AMEND BY-LAW 2023-034 BEING A BY-LAW TO APPOINT COMMITTEE MEMBERS WHEREAS the Municipal Act, S.O. 2001, Chapter 25, S.11(1), as amended, confers broad authority to municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues; AND WHEREAS, the Council of the Municipality of Bayham deems it necessary to amend By-law No. 2023-034, being a by-law to appoint committee members; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law 2023-034 be amended by removing Earl Shea from the Waterfront Advisory Committee and replaced with Valerie Donnell; 2. AND THAT Michelle Seberras be added to Guysboro Cemetery; 3. AND THAT this by-law shall come into force and effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF NOVEMBER 2023. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z764-2023 BONNEFIELD FARMLAND ONTARIO IV 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. 8 by changing the zoning symbol on a portion of the lands from Agricultural (A1-A) to a site-specific Rural Residential (RR-47) zone, which lands are outlined in heavy solid lines and marked “RR-47” on Schedule “A” Map No. 8 to this By- law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 7.13 Exceptions – Rural Residential (RR) Zone by adding the following clauses: 7.13.47.1 Defined Area RR-47 as shown on Schedule “A” Map No. 8 to this By-law. 7.13.47.2 Accessory Building Maximum Floor Area Notwithstanding the regulations of subsection 7.11.3 of this By-law, the Maximum Floor Area for the existing barn erected prior to the date of the passing of this By-law shall be 196 square metres. 7.13.47.3 Prohibited Uses Notwithstanding the regulations of subsection 7.11.1 of this By-law, the keeping of livestock shall be prohibited. 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 8 by changing the zoning symbol on a portion of the lands from Agricultural (A1-A) to a Special Agriculture (A2) zone, which lands are outlined in heavy solid lines and marked “A2” on Schedule “A” Map No. 8 to this By-law, which schedule is attached to and forms part of this By-law. 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. 2 READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF NOVEMBER 2023. READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF NOVEMBER 2023. MAYOR CLERK 2 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM JOINT CEMETERY BOARD MINUTES TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Thursday, November 7, 2023 7:00 p.m. PRESENT: CHAIR: ED KETCHABAW (Ex-officio) COMMITTEE MEMBERS: PERRY GRANT ROGER JAMES BONNIE BALL COELHO RALPH CARTER ABSENT: DAN FROESE STAFF ATTENDANCE: TREASURER LORNE JAMES CLERK MEAGAN ELLIOTT 1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 7:01 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. DELEGATIONS 4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) A. Joint Cemetery Board Meeting held May 25, 2023 Moved by: Committee Member Carter Seconded by: Committee Member Grant THAT the minutes of the Joint Cemetery Board Meeting held May 25, 2023 be approved as presented. CARRIED 5. MATTERS OF BUSINESS A. Memo JCB-05/23 re Care and Maintenance 2016 to 2022 Moved by: Committee Member Coelho Seconded by: Committee Member James THAT Memo JCB-05/23 re Care and Maintenance Summary – 2016 to 2022 be received for information; 2 AND THAT the Joint Cemetery Board requests Council to consider resuming the interest guarantee at a rate of 6% of the care and maintenance investments during the 2024 operating budget deliberations. CARRIED B. Memo JCB-06/23 re 2024 Maintenance Needs Moved by: Committee Member Grant Seconded by: Committee Member Carter THAT Memo JCB-06/23 re 2024 Maintenance Needs be received for information. CARRIED C. Memo JCB-07/23 re Meeting Schedule Moved by: Committee Member Coelho Seconded by: Committee Member James THAT Memo JCB-07/23 re Joint Cemetery Board Meeting Schedule be received for information; AND THAT the following meeting dates be the Regular Meetings for the Joint Cemetery Board for 2024:  Tuesday, April 30, 2024 at 7:00 pm  Tuesday, November 12, 2024 at 7:00 pm CARRIED D. Memo JCB-08/23 re Review of Current Cemetery By-Laws and Rates and Fees Moved by: Committee Member Grant Seconded by: Committee Member Carter THAT Memo JCB-08/23 re Review of Current Cemetery By-Laws and Rates and Fees be received for information; AND THAT the Joint Cemetery Board recommends to Council that the changes to the fees identified in Memo JCB-08/23 be adopted; AND THAT the Joint Cemetery Board recommends to Council to amend the Cemetery By-law in the following ways: - define holiday - to reflect that Best Cemetery and Dobbie Cemetery do not operate with a Board - update language surrounding vaults to be mandated instead of strongly recommended and remove the word concrete CARRIED 3 6. ADJOURNMENT Moved by: Committee Member Coelho Seconded by: Committee Member Grant THAT the Joint Cemetery Board Meeting be adjourned at 8:22 p.m. CARRIED CHAIR CLERK ADVISORY BOARD & COMMITTEE RESOLUTION Date: November 16, 2023 To: Mayor & Members of Council From: Joint Cemetery Board Subject: Recommendations from November 7, 2023 JCB Meeting The Joint Cemetery Board respectfully requests the following motions to be considered by the Council of the Municipality of Bayham at the Regular Meeting of Council of November 16, 2023: Moved by: Committee Member Coelho Seconded by: Committee Member James THAT Memo JCB-05/23 re Care and Maintenance Summary – 2016 to 2022 be received for information; AND THAT the Joint Cemetery Board requests Council to consider resuming the interest guarantee at a rate of 6% of the care and maintenance investments during the 2024 operating budget deliberations. CARRIED Moved by: Committee Member Grant Seconded by: Committee Member Carter THAT Memo JCB-08/23 re Review of Current Cemetery By-Laws and Rates and Fees be received for information; AND THAT the Joint Cemetery Board recommends to Council that the changes to the fees identified in Memo JCB-08/23 be adopted; AND THAT the Joint Cemetery Board recommends to Council to amend the Cemetery By- law in the following ways: - define holiday - to reflect that Best Cemetery and Dobbie Cemetery do not operate with a Board - update language surrounding vaults to be mandated instead of strongly recommended and remove the word concrete CARRIED Memo JCB-08/23 is attached for reference. MEMO JOINT CEMETERY BOARD TO: Joint Cemetery Board Members FROM: Lorne James, Treasurer DATE: November 7, 2023 MEMO: JCB-08/23 SUBJECT: REVIEW OF CEMETERY BY-LAWS AND RATES AND FEES BACKGROUND Joint Cemetery Board (JCB) members have requested a review of the Cemetery By-laws, Nos. 2015-116 and 2016-057, on the nature of current applicable rates, changes in level of service and interment options. DISCUSSION Municipal staff have identified three (3) areas for increase in rates in fees in the cemetery by-laws: 1. Niche Nameplate & Engraving, moving from $300 to $700 before taxes 2. Increasing 2nd to 4th interments in existing plots and cremation plots from $300 to $450 before taxes 3. Moving all marking and placement of markers and form filing from $35 and $50 respectively to $75 each before taxes The above-noted changes are to bring certain services in line of either cost recovery for municipal operations, or cemetery standards for charges applicable. Changes in Service Level An area for improvements is how the Boards would like to handle Decoration Day, Mother’s Day, and Father’s Day, as the most complaints about graveside items being removed or taken occur around these days each year. In addition, with the age of our municipal cemeteries, moving to vault mandate is a must to prevent collapsing graves, particularly in wet or sandy ground. Some Boards have inquired about offering smaller plots for cremations or scattering. The Municipality has no scattering sites, but does have a columbarium niche at Straffordville Cemetery. If a board would like to add, smaller cremation plots, they would need to be surveyed and set up. RECOMMENDATION THAT Memo JCB-08/23 re Review of Current Cemetery By-Laws and Rates and Fees be received for information; AND THAT the Joint Cemetery Board recommends to Council that the changes to the fees identified in Memo JCB-08/23 be adopted; AND THAT amendments be made to the applicable Cemetery By-law to integrate the amended fees. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-085 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD NOVEMBER 16, 2023 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 November 16, 2023 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF NOVEMBER 2023. ____________________________ _____________________________ MAYOR CLERK