HomeMy WebLinkAboutApril 04, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, April 4, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 2 Applications 8:00 p.m. Court of Revision – Eden Drain Branch C The April 4, 2024 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 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held March 21, 2024 B. Statutory Planning Meeting held March 21, 2024 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
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A. Report BL-03/24 by Stephen Miller, By-law Enforcement Officer re Refreshment Vehicle
Licensing By-law B. PS-04/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award – RFT 03-24 2024-2026 Lawn Maintenance Services
C. PS-05/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award – RFT 02-24 Pavement Markings 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-05/24 CHR Farms Ltd.
B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-11/24 Peters 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-06/24 by Steve Adams, Manager of Public Works/Drainage Superintendent
re 2024 1st Quarter Drainage Report B. Report DS-18/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-06/24 Unger 53579 Calton Line C. Report DS-19/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-07/24 Gregory Underhill Farms Ltd. 54761 Vienna Line D. Report DS-20/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-08/24 Lankhuijzen Farms Ltd. 55106 Vienna Line
E. Report DS-21/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Plan of Subdivision 34T-BY2101 Sandytown Subdivision Rezoning Application ZBA-10/24 1985763 Ontario Inc.
F. Report DS-22/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Ontario Land Tribunal Final Order Case No. OLT-23-000770, Schep 14077 Bayham Drive
G. Report DS-23/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Applications E26-24, E27-24 and E28-24, Clarke & Sullivan 53867 and 53869 Heritage Line 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
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A. Town of Fort Erie re Request Provincial Government to Support Increasing Funding for
Public Libraries and Community Museums B. Loyalist Township re Amend Blue Box Regulation for Ineligible Sources
C. Loyalist Township re Solutions to Resolve Significant Financial Budgetary Pressures Relating to Infrastructure Development, Maintenance and Repairs
D. Whitewater Region re Highway Infrastructure Request
E. Township of Adelaide Metcalfe re Request to Increase Tile Drain Loan Limit
F. Township of Asphodel-Norwood re Public Health Ontario Labs
G. Town of Whitby re Ontario Energy Board’s Decision to end the Gas Pipeline Subsidy
H. Elgin Group Police Services Board re November 15, 2023 Meeting Minutes
I. Elgin Group Police Services Board re February 26, 2024 Meeting Minutes
J. Southwestern Public Health re Actions to Reduce Alcohol-Related Harms Report
K. Municipality of Bayham re 2024 Budget Infographic 13.1.2 Requiring Action
13.2 Reports to Council A. Report CL-03/24 by Meagan Elliott, Clerk re Municipal Assistance for Community Events
Policy B. Report CAO-/24 by Thomas Thayer, CAO re Disposition of Part 2 – Plan 11R-11164 – Section of Faye Street 14. BY-LAWS A. By-law No. Z774-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Unger B. By-law No. Z775-2024 Being a by-law to amend By-law No. Z456-2003, as amended –
Gregory Underhill Farms Ltd. C. By-law No. Z776-2024 Being a by-law to amend By-law No. Z456-2003, as amended –
Lankhuijzen Farms Ltd. D. By-law No. Z777-2024 Being a by-law to amend By-law No. Z456-2003, as amended –
Sandytown Subdivision E. By-law No. Z779-2024 Being a by-law to amend By-law No. Z456-2003, as amended –
Schep
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15. UNFINISHED BUSINESS 16. OTHER BUSINESS
16.1 In Camera
A. Confidential Item 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 (Erieus Street) B. Confidential Item re personnel matters about an identifiable individual (CAO Performance Review) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-015 Being a by-law to confirm all actions of Council 18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, March 21, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 3 Applications The March 21, 2024 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube.
PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS DAN FROESE SUSAN CHILCOTT TIMOTHY EMERSON
STAFF PRESENT: CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER 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 CAO Thayer noted no additions but that item 13.1.2 A. has been removed. 4. ANNOUNCEMENTS Councillor Chilcott reminded residents that there is an Easter Bingo at the SCC on Friday,
March 22, 2024 beginning at 7 pm. Children are welcome! Mayor Ketchabaw wished everyone a happy Easter.
5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Meeting of Council held March 5, 2024
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B. Regular Meeting of Council held March 7, 2024 C. Court of Revision Meeting held March 7, 2024
D. Public Drainage Meeting held March 7, 2024
Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the minutes of the Special Meeting of Council held March 5, 2024, minutes of the Regular Meeting of Council held March 7, 2024 minutes of the Court of Revision Meeting held March 7, 2024 and the minutes of the Public Drainage Meeting held March 7, 2024 be approved as presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM A. One member of the public spoke to item 11.2 A. 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report BL-02/24 by Stephen Miller, By-law Enforcement Officer re Port Burwell East
Beach – Paid Parking Options Moved by: Councillor Emerson
Seconded by: Councillor Froese THAT Report BL-02/24 re Port Burwell East Beach – Paid Parking Options be received
for information; AND THAT the report be referred to the Waterfront Advisory Committee for comment. CARRIED
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Moved by: Councillor Emerson Seconded by: Councillor Froese THAT staff be directed to investigate and report back on options for implementing an unloading zone for patron drop offs to the east beach and erecting signage to direct residents to the Pitt Street parking lot for beach overflow parking.
CARRIED
The Council Meeting recessed at 7:30 pm for a Statutory Planning Meeting
The Council Meeting resumed at 7:39 pm. 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-06/24 Unger B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-07/24 Underhill
C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-08/24 Lankhuijzen
D. Notice of Passing re Silverthorn Zoning By-law Amendment ZBA-01/24
E. Notice of Passing re Underhill Zoning By-law Amendment ZBA-02/24
F. Notice of Passing re Wall Zoning By-law Amendment ZBA-03/24
G. Notice of Passing re Graham Zoning By-law Amendment ZBA-04/24
H. Notice of Adoption re Underhill Farms Ltd. Official Plan Amendment No. 36
I. Notice of Decision re Roy Schrijver Farms Ltd. Minor Variance A-03/24
J. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-05/24 CHR Farms Ltd.
K. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-11/24 Peters
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A – K be received for information.
CARRIED
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12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-14/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Conformity Review 2024 – Estimated Timelines and Associated Budget/Fees
Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-14/24 re Official Plan Conformity Review 2024 – Estimated Timelines
and Associated Budget/Fees be received for information;
AND THAT Council approve the Arcadis Professional Services (Canada) Inc. Form of
Change Order No. 2 to formally initiate the Official Plan Conformity Review 2024 in the
quoted amount of $60,000 + HST;
AND THAT the funding for this project be allocated from the Planning Reserve and the
2024 Capital Budget.
CARRIED
B. Report DS-15/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E18-24 Bergen 10564 Culloden Road Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-15/24 regarding the Consent Application E18-24 Bergen be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E18-24 be granted subject to the following conditions and considerations: 1. The Owner obtains approval of a Zoning By-law Amendment for the proposed retained lot from “Agricultural” (A1) to a Site-specific Agricultural (A1) zone to
recognize the existing Lot Area deficiency of 7.9 hectares, existing Lot Frontage deficiency of 20.0 metres and permit a Side Yard Depth of 2.8 metres for the existing accessory building/structure. 2. The Owner obtains approval of a Zoning By-law Amendment for the removal of the h1 Holding Provision for the proposed severed lot. 3. The Owner obtain an access permit from the County of Elgin to create a new
independent access to the proposed severed lot from Culloden Road built to support the weight of fire apparatus. 4. The Owner install an individual private well on the severed lot providing the municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety. 5. The Owner provide an engineered grading, drainage and storm water management plan for both parcels to show outlets and to demonstrate that the lot
will drain properly with no negative impacts on the neighbouring lands or the
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road, all to the satisfaction of the Municipality.
6. The Owner obtain confirmation from Hydro One regarding the provision of hydro services, specifically whether new independent hydro servicing is required for each lot, or, alternatively, whether maintenance easements are required over the
existing hydro servicing on the severed and retained lots. 7. That the Owner initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Bartley Drain in
accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 8. The Owner pay the Cash in Lieu of Parkland Dedication fee to the Municipality as required in Municipal By-law No. 2020-053. 9. The Owner provide a digital copy of the registered plan of survey of the subject land to the Municipality. 10. The Owner purchase a civic number sign for the severed lot from the Municipality. 11. The Owner pay the planning report fee due and payable to the Municipality upon consent approval. CARRIED
C. Report DS-16/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E22-24 Hiebert 11478 Plank Road
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-16/24 regarding the Consent Application E22-24 Hiebert be received; AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E22-24 be granted subject to the following conditions and considerations: 1. The existing shed and overhead hydro line connecting from the existing single-detached dwelling to the shed be removed or relocated from the proposed retained lot.
2. The Owner obtain an access permit from the County of Elgin to create a new independent access to the proposed retained lot from Plank Road built to support the weight of fire apparatus. 3. The owner install an individual private well on the retained lot providing the municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety. 4. That the Owner provides confirmation of sufficient reserve sewage system
capacity within municipal sewage services for the new municipal sanitary sewer service connection required for the proposed retained lot. Once confirmed, the Owner shall obtain a permit from the Municipality for the installation of a new municipal sanitary sewer service connection to the proposed retained lot. 5. The Owner provide an engineered grading, drainage and storm water
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management plan for both parcels to show outlets and to demonstrate that the lot
will drain properly with no negative impacts on the neighbouring lands or the road, all to the satisfaction of the Municipality. 6. The Owner initiate and assume, if required, all engineering costs associated with
the preparation of a revised assessment schedule for the Eden Main Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the
deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 7. The Owner pay the Cash in Lieu of Parkland Dedication fee to the Municipality as required in Municipal By-law No. 2020-053. 8. The Owner provide a digital copy of the registered plan of survey of the subject land to the Municipality. 9. The Owner purchase a civic number sign for the retained lot from the Municipality. 10. The Owner pay the planning report fee due and payable to the Municipality upon consent approval. CARRIED
D. Report DS-17/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Ontario Land Tribunal Final Order OPA No. 30 and Zoning By-law Z765-2023 Barry Wade Homes Inc. 2 Robinson Street and 3 Erieus Street Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-17/24 regarding the Ontario Land Tribunal Final Order re Official Plan Amendment No. 30 and Zoning By-law Z765-2023 Barry Wade Homes Inc. be received for information; AND THAT Council direct staff to add Official Plan Amendment No. 30 to the Official Plan and to add Zoning By-law Z765-2023 to the Comprehensive Zoning By-law Z456-
2003, as amended, to conclude the appeal of Barry Wade Homes Inc. CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Cobourg re Proposed Amendment to Subsection 27(16) of the Ontario Heritage Act B. Town of Cobourg re Affordability of Water and Wastewater Systems in Rural and Small Urban Municipalities
C. Town of Aurora re Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement
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D. Town of Aurora re Council/Committee Meeting Structure Under Strong Mayor Powers
E. Town of Bracebridge re Request for New Provincial-Municipal Fiscal Framework
F. City of Quinte West re Housing Funding
G. Township of Amaranth re Operational Budget Funding
H. Long Point Region Conservation Authority re 2023 Annual Report and Financial Statements
I. Long Point Region Conservation Authority re February 7, 2024 Meeting Minutes
J. Elgin St. Thomas Coalition to End Poverty re 2023 Timeline of Success Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT items 13.1.1 A – J be received for information; AND THAT Council for the Municipality of Bayham supports items C, E & G. CARRIED 13.1.2 Requiring Action
13.2 Reports to Council A. Report CL-02/24 by Meagan Elliott, Clerk re Municipal Assistance and Special Event Requests Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CL-02/24 re Municipal Assistance and Special Event Requests be received
for information; AND THAT staff be directed to report back with one Municipal Assistance / Event Policy
to flow through Council for approvals. CARRIED
B. Report CAO-08/24 by Thomas Thayer, CAO re Transition to OPP Detachment Board – Community Safety Policing Act, 2019
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-08/24 re Transition to OPP Detachment Board – Community Safety and Policing Act, 2019 be received for information;
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AND THAT the Council of The Corporation of the Municipality of Bayham supports the appointment of Dominique Giguere as Bayham/Malahide appointee to the Elgin OPP Detachment Board until the end of the current term of Council, being November 14,
2026; AND THAT the Council of The Corporation of the Municipality of Bayham supports remuneration for OPP Detachment Board members at $1,500 per year for members, and $2,000 per year for the Chair;
AND THAT correspondence on this matter be provided to the OPP Detachment Board Lead under the CAO’s signature. CARRIED C. Report CAO-09/24 by Thomas Thayer, CAO re Bayham Community Strategic Plan Progress – 2023 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-09/24 re Bayham Community Strategic Plan Progress – 2023 be received for information.
CARRIED
D. Report CAO-10/24 by Thomas Thayer, CAO re License Agreement – Ron & Bonnie Bradfield 21 Robinson Street
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-10/24 re License Agreement – Ron and Bonnie Bradfield – 21
Robinson Street, Port Burwell be received for information; AND THAT Council authorize the execution of a License Agreement between the
Municipality and Ron and Bonnie Bradfield to permit access and use of 21 Robinson Street, Port Burwell, in support of stabilization and restoration efforts regarding the Port Burwell Lighthouse;
AND THAT By-law No. 2023-023 be repealed in its entirety;
AND THAT the appropriate by-law be brought forward for Council’s consideration.
CARRIED 14. BY-LAWS A. By-law No. 2024-013 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Ron & Bonnie Bradfield to permit access over
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and use of lands at 21 Robinson Street, Port Burwell for works at the Port Burwell
Lighthouse Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese THAT By-law No. 2024-013 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS
16.1 In Camera
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an “In Camera” Session at 8:56 p.m. to discuss:
A. Confidential Item re Personal matters about an identifiable individual (Administration) B. Confidential Item re Personal matters about an identifiable individual; labour relations,
employee negotiations (Staffing)
CARRIED 16.2 Out of Camera
Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the Council do now rise from the “In Camera” Session at 10:11 p.m. and report on Confidential Item re Personal matters about an identifiable individual (Administration) and Confidential Item re Personal matters about an identifiable individual; labour
relations, employee negotiations (Staffing) CARRIED
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confidential Item re Personal matters about an identifiable individual
(Administration) be received for information; AND THAT staff proceed as directed. CARRIED
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Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT Confidential Item re Personal matters about an identifiable individual; labour
relations, employee negotiations (Staffing) be received for information; AND THAT staff proceed as directed. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-014 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Confirming By-law No. 2024-014 be read a first, second and third time and finally passed.
CARRIED 18. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 10:13 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, March 21, 2024 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-06/24 Unger – 53579 Calton Line B. Proposed Zoning By-Law Amendment ZBA-07/24 Underhill Farms Ltd. – 54761 Vienna Line C. Proposed Zoning By-Law Amendment ZBA-08/24 Lankhuijzen Farms Ltd. – 55106 Vienna Line
The March 21, 2024 Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE SUSAN CHILCOTT TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL PUBLIC ATTENDEES A: N/A
PUBLIC ATTENDEES B: N/A
PUBLIC ATTENDEES C: N/A APPLICATION A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment.
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Zoning By-Law Amendment ZBA-06/24 Unger – 53579 Calton Line
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THE PURPOSE of this Site-Specific By-law Amendment is to recognize and permit a Maximum
Accessory Building Height of 4.9 m (16.0 ft) and Maximum Floor Area of 293.0 m2 (3,153.8 ft2) for the existing accessory buildings/structures, including a greenhouse, garage, and shed, that exceed the requirements in Section 9.5.1 and 9.7 of the Zoning By-law. The proposed Site-
Specific By-law Amendment pertains to Consent Application E50-23 for a new residential lot that was Conditionally Approved by the Elgin County Land Division Committee on August 23, 2023. The proposed Site-Specific By-law Amendment to the current ‘Hamlet Residential (HR)’
Zone would only apply to the proposed retained lot, not the severed lot. The subject lands are known as 53579 Calton Line, south side and east of Richmond Road. THE EFFECT of this By-law will be to recognize and permit a Maximum Floor Area of 293.0 m2 (3,153.8 ft2), whereas 75.0 m2 (807.3 ft2) is required, and a Maximum Accessory Building Height of 4.9 m (16.0 ft), whereas 4.5 m (14.7 ft) is required, for the existing accessory buildings/structures on the proposed retained lot by way of Site-Specific Exceptions to the HR Zone. 5. PUBLIC PARTICIPATION
No public participation.
6. CORRESPONDENCE No correspondence. 7. OTHER BUSINESS No other business.
8. ADJOURNMENT
Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-06/24 is now complete at 7:34 p.m. CARRIED APPLICATION B
9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:35 p.m. 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
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11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment.
12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
B. Proposed Zoning By-Law Amendment ZBA-07/24 Underhill Farms Ltd. – 54761 Vienna 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 Severed Lot is to be rezoned from ‘Agricultural (A1)’ Zone to ‘Rural Residential (RR)’ Zone. The proposed Retained Lot is to be rezoned from ‘A1’ to ‘Special Agricultural (A2)’ Zone to prohibit new dwellings. The subject lands are known as 54761 Vienna Line, south side, west of Brown Road and east of Woodworth 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 with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E6-24. 13. PUBLIC PARTICIPATION
No public participation.
14. CORRESPONDENCE No correspondence. 15. OTHER BUSINESS
No other business.
16. ADJOURNMENT
Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-07/24 is now complete at 7:36 p.m.
CARRIED APPLICATION C
17. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:37 p.m.
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18. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 19. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
The Chairman stated the purpose and effect of the proposed amendment.
20. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
C. Proposed Zoning By-Law Amendment ZBA-08/24 Lankhuijzen Farms Ltd. – 55106 Vienna 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 Severed Lot is to be rezoned from ‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-XX)’ Zone to permit a Rear Yard Depth of 3.0 metres, permit the existing oversized
accessory building of 285 m2 and the prohibition of the keeping of livestock. The proposed Retained Lot would be rezoned from the A1 Zone to a Site-Specific Special Agricultural (A2-XX) Zone to prohibit new dwellings and recognize the existing supplementary farm dwelling. The subject lands are known as 55106 Vienna Line, north side of Vienna Line, east of Brown 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 with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E4-24. 21. PUBLIC PARTICIPATION
No public participation.
22. CORRESPONDENCE No correspondence. 23. OTHER BUSINESS
No other business.
24. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Emerson THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-08/24 is now complete at 7:39 p.m. CARRIED
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MAYOR CLERK
REPORT
MUNICIPAL LAW
ENFORCEMENT
TO: Mayor & Members of Council
FROM: Stephen Miller, By-law Enforcement Officer
DATE: April 4, 2024
REPORT: BL-03/24 SUBJECT: REFRESHMENT VEHICLE LICENSING
BACKGROUND
The Municipality of Bayham regulates Refreshment Vehicles under By-law No. 2009-086, amended by By-law No. 2014-069. Staff have received several inquiries related to licensing for various types of refreshment vehicles that are currently not spoken to in the by-law, as amended. In response to these inquiries, staff have engaged in internal discussions around an approach to
regulate additional types of refreshment vehicles. Staff have further conducted an inter-jurisdictional review to see how various types of refreshment vehicles are regulated in other municipalities. DISCUSSION A draft Refreshment Vehicles By-law is attached for discussion. This draft has been formulated in contemplation of best practices across various municipalities, and staff are looking for
Council’s direction on if there is an appetite to update our current Refreshment Vehicle by-law. The attached draft by-law defines different types of refreshment vehicles and provides
expanded language to regulate them. It imposes different requirements at the time of application and outlines the different requirements for operation. The questions below are areas that Staff require direction on: 1. Do we want to license ONLY refreshment vehicles operating at a specific location(s), or
do we want to allow refreshment vehicles to move from location to location? 2. Do we only want to license food trucks? Do we want to allow refreshment vehicles such as Ice Cream Bikes, or Barbeque Stands?
3. Do we want to allow refreshment vehicles the ability to operate from Municipal property or a Municipal road? If we want to allow the operation on Municipal property, are there any areas that we would want to prohibit operation?
4. Should we include a requirement that operators and staff provide to the Municipality a Criminal Records/Vulnerable Sector Screening?
5. What level of insurance do we want to require? Most Municipalities require a minimum Policy of five ($5m) million dollars, naming the Municipality as an additional insured.
6. Does Council wish to increase the licensing fee and/or impose different fees for different types of refreshment vehicles?
7. Does Council wish to require refreshment vehicles associated with a special event to have a day license at a reduced cost, or that these vehicles be exempt or covered under a Special Events permit? Based on the discussions and direction provided, Staff will then update the drafted by-law and present to Council for consideration and approval.
STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Draft Refreshment Vehicle By-law RECOMMENDATION THAT Report BL-03/24 re Refreshment Vehicle Licensing be received for information;
AND THAT Council provide direction on the draft Refreshment Vehicles By-law.
Respectfully submitted: Reviewed by:
Stephen Miller, MLEO (c), GDPA, Thomas Thayer, CMO, AOMC Licensed Paralegal LSO By-Law Enforcement Officer Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-xxx BEING A BY-LAW TO LICENSE REFRESHMENT VEHICLES IN THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, S.O. 2001, as amended, provides that a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Culture, Parks, and Recreation; AND WHEREAS Section 151(1) of the Municipal Act, S.O. 2001, authorizes a municipality to provide for a system of licenses with respect to a business within the municipality; AND WHEREAS Sections 425, 426 and 429 of the Municipal Act, 2001 S.O. 2001, chapter 25, states a municipality may pass By-laws providing that a person who contravenes a By-
law of the municipality passed under this Act is guilty of an offence, no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a By-law passed under;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
SHORT TITLE This By-law may be cited as the ‘Refreshment Vehicle By-law’ Section 1 - Definitions In this By-law: 1.1 ‘Applicant’ shall mean a person or corporate entity having made an application pursuant to this By-law and shall include a Licensee. 1.2 ‘Chief Fire Official’ shall mean means the Fire Chief for the Municipality or their designate
1.3 ‘Council’ shall mean the Council of the Corporation of the Municipality. 1.4 ‘Exhaust and Fire Protection System’ shall mean equipment, which meets the requirements of NFPA 96 “Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations”, which has been installed where there is a
potential for the production of smoke and grease-laden vapours, to remove such smoke and vapours. 1.5 “Food Truck” shall mean a Motor Vehicle which contains cooking facilities and which is used for the storage or preparation of food or drinks intended for consumption by the public.
1.6 ‘Health Unit’ shall mean Southwestern Public Health and includes any successor.
1.7 “Ice Cream Truck” shall mean a Motor Vehicle that does not have cooking facilities and which is used for the storage of ice cream or pre-packaged food/drinks intended
for consumption by the public. 1.8 ‘Licence’ shall mean a valid refreshment vehicle licence as issued by the Municipality pursuant to the provisions of this by-law and which is not suspended or revoked 1.9 ‘Licensing Officer’ shall mean the Clerk for the Municipality and/or their designate. 1.10 ‘Maintain’ shall mean to keep in a particular condition or to preserve.
1.11 ‘Mobile Food/Beverage Vendor’ shall mean a vendor cart which is powered by muscular power, and does not have cooking facilities and which is used for the storage of ice cream or pre-packaged food/drinks intended for consumption by the public. 1.12 ‘Municipal Law Enforcement Officer’ shall mean a person appointed by the Council of the Corporation of the Municipality for the purpose of enforcing Municipal By-laws and for the purpose of this by-law shall include Ontario Provincial Police and Fire Chief.
1.13 ‘Municipal Property’ shall mean any lands situated within the Municipality which is
owned or controlled by the Municipality.
1.14 ‘Municipality’ shall mean the Corporation of The Municipality of Bayham. 1.15 ‘Operate’ shall mean to conduct or carry on or having care and control of a business. 1.16 ‘Owner’ shall mean any person with legal title to real or personal property and includes an authorized agent. 1.17 ‘Person’ shall mean an individual, corporation, partnership or sole proprietorship. 1.18 ‘Refreshment Vehicle’ shall mean any vehicle or stand (Whether stationary or
propelled by a motor or muscular power) which is used for the storage or preparation of food or drinks intended for consumption by the public and shall
include a Food Truck, Ice Cream Truck, Mobile Food/Beverage Vendor, and
Stationary Barbeque Vendor. 1.19 ‘Refreshments’ shall mean any form of food or drink intended for human consumption and shall include a Food Truck, Ice Cream Truck, Mobile Food/Beverage Vendor, and Stationary Barbeque Vendor. 1.20 ‘Restaurant’ shall mean a building or part of a building where food or drink are
offered for sale or sold to the public for consumption and may include any patio area
associated with and immediately adjacent to the restaurant.
1.21 ‘Site Plan’ shall means a sketch of the property outlining the location of the
refreshment vehicle, buildings, property entrances, parking and the distances
between the Refreshment Vehicle and all property line boundaries and buildings. 1.22 ‘Special Event’ shall mean a cultural, recreational, educational or similar event of a
short term nature for which a Special Event Application has been submitted and
approved by the Municipality. 1.23 ‘Stationary Barbeque Vendor’ shall mean a stand which contains cooking facilities
and which is used for the storage or preparation of food or drinks intended for
consumption by the public.
1.24 ‘Zoning By-law’ shall mean the current Comprehensive Zoning By-law of the Municipality of Bayham. Section 2 – Licensing
2.1 Every person who wishes to operate, maintain, or sell Refreshments from a Refreshment Vehicle within the Municipality is required to obtain a Licence, for each Refreshment Vehicle, prior to operating. 2.2 The Licensing Officer may, at any time, impose such conditions on a license as they deem appropriate, and those terms and conditions shall be communicated in writing
and served on the Licensee. 2.2.1 Conditions placed on a license shall be deemed served within 7 days of
being sent by electronic mail, regular or registered mail. 2.2.2 Such terms and conditions may be appealed by the licensee within 30 days
of being served. 2.3 Notwithstanding the requirements listed herein, the Licensing Officer may elect to issue a temporary license with conditions, if in their opinion one of the application requirement could not be met at the time of the application, through no fault of the applicant, and where the application requirement will be met within the calendar year. Section 3 – Food Truck Application Requirements
3.1 Application for a Food Truck Licence under this By-law shall be made to the Licensing Officer on the designated form.
3.2 Each Application for a Food Truck Licence shall be accompanied by the appropriate approvals from the following:
3.2.1 Approved inspection report from the Health Unit, such approval shall be dated within three (3) months from the date of application with the Municipality.
3.2.2 Approval from the County of Elgin (if applicable). 3.3 The Applicant for a Food Truck Licence shall provide the following at the time of application:
3.3.1 A letter of permission from the registered owner where the Refreshment
Vehicle is to be located where the operator is not the owner of the property. 3.3.2 A Site Plan. 3.3.3 Proof of Insurance pursuant to Section 7 of this By-law. 3.3.4 Proof of the affixed seal from the Electrical Safety Authority (ESA), generally located on or adjacent to the electrical panel in the Refreshment Vehicle. 3.3.5 Any additional information deemed by the Licensing Officer to be applicable based on the provisions of this by-law that relates to the Refreshment Vehicle. 3.4 Where the Refreshment Vehicle is deemed to be a Food Truck, the Applicant shall provide the following at the time of application:
3.4.1 A valid Driver’s Licence, such license shall remain valid at all times during the operation of the Food Truck.
3.4.2 A valid and current Ministry of Transportation motor vehicle permit issued in the Applicants name
3.4.2.1 If the Food Truck is leased, the Applicant shall provide a copy of the lease agreement. 3.4.3 A valid and current inspection certificate as required under the Highway Traffic Act. 3.5 Every Applicant/Licensee of a Food Truck shall ensure that where the Food Truck is powered by propane/natural gas or utilizes propane/natural gas for food preparation, the Food Truck is inspected and certified at the time of Application and on an annual basis by a licensed contractor pursuant to the Technical Standards & Safety Authority (TSSA) requirements for Mobile Food Services Equipment and such inspection certificate shall be filed at the time of Application or as required by the Municipality.
3.5.1 In the case of a new Food Truck that is proposed to be licensed for the first time in the Municipality, the TSSA initial vehicle inspection report is required to be submitted.
3.6 Every Applicant/Licensee of a Food Truck who has an Exhaust and Fire Protection System shall ensure that such system has had an Exhaust Hood System Inspection
completed by a certified technician and that such system has been cleaned by a certified company. Proof of the inspection and cleaning shall be filed with the Municipality at the time of Application or as may be required by the Municipality. 3.7 Each application for a Food Truck License shall be circulated to the following individuals for their approval and shall not be approved by the Licensing Officer until
approval has been given; 3.7.1 Chief Fire Official
3.7.2 Planning Coordinator/Planning and Development
3.7.3 Manager of Public Works or their designate Section 4 – Ice Cream Truck Application Requirements
4.1 Application for an Ice Cream Truck Licence under this By-law shall be made to the Licensing Officer on the designated form. 4.2 Each Application for a Food Truck Licence shall be accompanied by the appropriate approvals from the following: 4.2.1 Approved inspection report from the Health Unit, such approval shall be dated within three (3) months from the date of application with the Municipality.
4.2.2 Approval from the County of Elgin (if applicable).
4.3 The Applicant for an Ice Cream Truck Licence shall provide the following at the time of application:
4.3.1 A letter of permission from the registered owner where the Ice Cream Truck is to be located where the operator is not the owner of the property. 4.3.2 A Site Plan. 4.3.3 Proof of Insurance pursuant to Section 7 of this By-law. 4.3.4 Proof of the affixed seal from the Electrical Safety Authority (ESA), generally located on or adjacent to the electrical panel in the Ice Cream Truck. 4.3.5 Any additional information deemed necessary by the Licensing Officer based on the provisions of this by-law that relates to the Ice Cream Truck. 4.4 Where the Refreshment Vehicle is deemed to be a Ice Cream Truck, the Applicant
shall provide the following at the time of application: 4.4.1 A valid Driver’s Licence, such license shall remain valid at all times during the
operation of the Ice Cream Truck. 4.4.2 A valid and current Ministry of Transportation motor vehicle permit issued in
the Applicants name 3.4.2.1 If the Ice Cream Truck is leased, the Applicant shall provide a copy of the lease agreement. 4.4.3 A valid and current inspection certificate as required under the Highway
Traffic Act. 4.5 Each application for an Ice Cream Truck License shall be circulated to the following
individuals for their approval and shall not be approved by the licensing officer until approval has been given;
4.5.1 Chief Fire Official 4.5.2 Planning Coordinator/Planning and Development 4.5.3 Manager of Public Works or their designate Section 5 – Mobile Food/Beverage Vendor Application Requirements 5.1 Application for a Mobile Food/Beverage Vendor Licence under this By-law shall be made to the Licensing Officer on the designated form. 5.2 Each Application for a Mobile Food/Beverage Vendor Licence shall be accompanied
by the appropriate approvals from the following: 5.2.1 Approved inspection report from the Health Unit, such approval shall be dated
within three (3) months from the date of application with the Municipality. 5.2.2 Approval from the County of Elgin (if applicable).
5.3 The Applicant for a Mobile Food/Beverage Vendor Licence shall provide the following at the time of application: 5.3.1 A letter outlining a proposed area that the vendor will work. 5.3.2 Proof of Insurance pursuant to Section 7 of this By-law. 5.3.3 Any additional information deemed by the Licensing Officer to be applicable based on the provisions of this by-law that relates to the Refreshment Vehicle. 5.4 Each application for a Mobile Food/Beverage Vendor shall be circulated to the following individuals for their approval and shall not be approved by the licensing officer until approval has been given;
5.4.1 Chief Fire Official
5.4.2 Planning Coordinator/Planning and Development 5.4.3 Manager of Public Works or their designate
Section 6 – Stationary Barbeque Vendor Application Requirements 6.1 Application for a Mobile Stationary Barbeque Vendor Licence under this By-law shall be made to the Licensing Officer on the designated form.
6.2 Each Application for a Stationary Barbeque Vendor shall be accompanied by the appropriate approvals from the following:
6.2.1 Approved inspection report from the Health Unit, such approval shall be dated
within three (3) months from the date of application with the Municipality. 6.2.2 Approval from the County of Elgin (if applicable). 6.3 The Applicant for a Stationary Barbeque Vendor Licence shall provide the following at the time of application: 6.3.1 A letter of permission from the registered owner where the Refreshment Vehicle is to be located where the operator is not the owner of the property. 6.3.2 A Site Plan. 6.3.3 Proof of Insurance pursuant to Section 7 of this By-law.
6.3.4 Proof of the affixed seal from the Electrical Safety Authority (ESA), generally located on or adjacent to the electrical panel in the Refreshment Vehicle, where applicable.
6.3.5 Any additional information deemed by the Licensing Officer to be applicable based on the provisions of this by-law that relates to the Refreshment Vehicle.
6.4 Every Applicant/Licensee of a Stationary Barbeque Vendor License shall ensure that where the Food Truck is powered by propane/natural gas or utilizes propane/natural gas for food preparation, the Refreshment Vehicle is inspected and certified at the time of Application and on an annual basis by a licensed contractor pursuant to the Technical Standards & Safety Authority (TSSA) requirements for Mobile Food Services Equipment and such inspection certificate shall be filed at the time of Application or as required by the Municipality. 6.4.1 In the case of a new Stationary Barbeque Vendor that is proposed to be licensed for the first time in the Municipality, the TSSA initial vehicle inspection report is required to be submitted. 6.5 Every Applicant/Licensee of a Stationary Barbeque Vendor License who has an
Exhaust and Fire Protection System shall ensure that such system has had an Exhaust Hood System Inspection completed by a certified technician and that such system has been cleaned by a certified company. Proof of the inspection and
cleaning shall be filed with the Municipality at the time of Application or as may be required by the Municipality.
6.6 Each application for a Stationary Barbeque Vendor License shall be circulated to the following individuals for their approval and shall not be approved by the licensing officer until approval has been given; 6.7.1 Chief Fire Official
6.7.2 Planning Coordinator/Planning and Development 6.7.3 Manager of Public Works or their designate
Section 7 – Insurance
7.1 No person shall be granted or hold a Licence for a Refreshment Vehicle unless the Applicant establishes and maintains current proof of commercial general liability insurance covering each Refreshment Vehicle as required by the terms of this By-law. A valid certificate of insurance shall be provided at the time of application and shall include the following: 7.1.1 Commercial liability insurance in an amount not less than two million ($2,000,000.00) dollars, public liability, property damage inclusive, against loss or damage resulting from bodily injury to or the death of one or more persons, or from loss of or damage to, property resulting from any one incident. In addition, the Applicant shall provide the Municipality with a copy of the liability certificate, which shall name the Municipality as an additional insured.
7.1.2 Such insurance shall contain an endorsement specifying that the Municipality shall be given a minimum of thirty (30) days written notice of any changes, expiration, or cancellation of such policy.
Section 8 – Requirements of a Licensee
8.1 Every Licensed Refreshment Vehicle Shall: 8.1.1 Ensure that the Refreshment Vehicle displays in contrasting colour and in clearly visible letters, on at least one side, the operating name of the business as it appears on their Refreshment Vehicle application. 8.1.2 Ensure that Refreshment Vehicles that contain cooking facilities have operational fire safety and suppression equipment as required by the Chief Fire Official. 8.1.2.1 Refreshment Vehicles that contain cooking facilities that have the potential for the production of smoke and grease-laden vapours shall have an Exhaust and Fire Protection System as required by the Chief Fire Official.
8.1.3 Ensure that every Refreshment Vehicle that is powered by or utilizes propane/natural gas for food preparation has a minimum five (5) pound ABC
dry chemical fire extinguisher or other such fire extinguishers as required by the Chief Fire Official. Such extinguisher(s) shall be mounted inside the Refreshment Vehicle and the operator shall be knowledgeable in the proper
use of such fire extinguisher(s). 8.1.3.1 Refreshment Vehicles that have an Exhaust and Fire Protection System shall have a Class K fire extinguisher as required by the Chief Fire Official.
8.1.4 Ensure that no LPG (liquefied petroleum gas), LNG (liquefied natural gas) or any combustible fueled appliance is operated within three (3) metres (10 feet) of any other structure or combustible construction.
8.1.5 Ensure that the Refreshment Vehicle is free from holes, crevices, and cracks,
and the surface is readily washable and is kept clean and in good condition. 8.1.6 Ensure the Refreshment Vehicle and all parts and equipment are maintained, in a clean and sanitary condition and, at all times, in good repair. 8.1.7 Ensure that every Refreshment Vehicle is equipped with refuse and recycling containers. Such containers shall be kept in a clean and sanitary condition and emptied as required. 8.1.8 Ensure that all refuse and refuse containers are removed from the site when the refreshment vehicle is closed for business. 8.1.9 Ensure that every refuse container is located in such a position so as to be easily accessible by a person making a purchase.
8.1.10 Ensure that every Refreshment Vehicle from which hot, prepared foods are sold are equipped to maintain such foods so heated at a temperature as
approved by the Health Unit. 8.1.11 Ensure that adequate refrigeration, as approved by the Health Unit, is
provided for perishable Refreshments that shall be kept so refrigerated. 8.1.12 Ensure that the date of expiration is clearly and legibly marked on or affixed to the wrapper of all sandwiches or pre-packaged Refreshments sold from the Refreshment Vehicle. 8.1.13 Ensure that the Licence issued under this By-law for the Refreshment Vehicle is displayed in a conspicuous location on/in the Refreshment Vehicle and shall be produced on demand by the Licensing Officer, Officer and/or the Chief Fire Official. Section 9 – Operating Location and Distance Requirements 9.1 A Licensed Refreshment Vehicle shall only operate on lands contained within the
Farm Commercial (FC), Rural Commercial (RC), Hamlet Commercial (HC), Central Business District (C1), Local Commercial (C2), Tourist Commercial (C3), or Highway Commercial (HWC) zones in accordance with the Municipality’s Zoning By-law where
such use is accessory and subordinate to the permitted use of the subject lands. 9.2 In the interest of public safety, site-specific setbacks may be specified as a condition
on a Licence for a Refreshment Vehicle by the License Officer and may be imposed by notice in writing to the Licensee. 9.3 No Refreshment Vehicle shall be located or operated on within a Municipal Road without the approval of the Licensing Officer.
9.4 No Refreshment Vehicle shall be located within seventy-five (75) metres (250 feet) of an existing Restaurant.
9.4.1 Notwithstanding Section 9.4, a Refreshment Vehicle may be licensed and operate on the same property as an existing Restaurant with the written
authorization of the registered property owner permitting such. Section 10 – Fees 10.1 Prior to the issuance of a license the Applicant shall the appropriate fee as prescribed in the Municipality’s Fees and Charges By-law. Section 11 – General Prohibitions 11.1 No person shall operate, maintain, or sell Refreshments from a Refreshment Vehicle without first obtaining a Licence from the Municipality 11.2 No person shall operate, maintain, or sell Refreshments from a Refreshment Vehicle on Municipal Property, unless authorized by the Licensing Officer. 11.3 No person shall operate a refreshment vehicle on any Municipal or County highway.
11.4 No person shall sound a horn or other signaling device in conjunction with a Refreshment Vehicle between the hours of 8:00 pm and 9:00 am of the following day.
11.5 No person shall fail to comply with a condition imposed oy the Licensing Officer. 11.6 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. Any person who is alleged to have contravened any of the provisions of this By-law shall identify themselves to the Officer upon request. Failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of their duties. Section 12 - Exemptions 12.1 Notwithstanding the provisions of this By-law, no person shall be required to obtain a Licence to operate or maintain a Refreshment Vehicle at a Special Event that has not been approved by the Municipality.
12.1.1 Refreshment Vehicles operating at a Special Event, that has been authorized by the Municipality, shall be required to submit a Refreshment Vehicle Information Form to the Chief Fire Official, no later than 14 days prior to the
Special Event, and may be subject to an inspection by the Chief Fire Official. 12.1.2 Refreshment Vehicles operating at a Special Event, that has been authorized
by the Municipality, shall be required to submit to the Chief Fire Official, proof of inspection by the Electrical Safety Authority (ESA), Technical Standards & Safety Authority (TSSA) and the Health Unit, where applicable for the type of refreshment vehicle. Section 13 – Expiry 13.1 A Licence issued pursuant to the provisions of this By-law shall be valid from the remainder of the calendar year in which the said Licence is issued and shall expire on
December 31 of that year. Section 14- Enforcement 14.1 A Municipal Law Enforcement Officer, Police Officer, Fire Chief or other persons appointed by council for the purposes of By-law Enforcement may enforce the provisions of this by-law.
Section 15 - Administration
15.1 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 15.2 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 15.3 Nothing in this by-law relieves any person of the responsibility for adhering to other applicable laws or for obtaining the approval of the Federal and Provincial governments or agencies thereof as required.
Section 16 - Enactment, Repeal and Severability
16.1 This By-law shall come into full force and effect upon receipt of the approval of the set fine schedules as issued by the Regional Senior Judge of the Ontario Court of Justice, Central East Region.
16.2 As of the date upon which this by-law comes into force and effect, By-law No. 2009- 086 shall be repealed in its entirety. 16.3 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS XXth
DAY OF XXXXX 2024.
___________________________ _____________________________ MAYOR CLERK
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: April 4, 2024
REPORT: PS-04/24 SUBJECT: TENDER AWARD – RFT 03-24 – 2024-2026 LAWN MAINTENANCE SERVICES BACKGROUND
Agreement No. 0763, as authorized by By-law No. 2021-062, provided for Lawn Maintenance Services by Swantech Industries for the period of May 1, 2024 – Dec.31, 2026. The Agreement permits the Municipality to terminate the Agreement with thirty (30) days written notice. On March 14, 2024, RFT 03-24 –2024-2026 Lawn Maintenance Services – was issued. A copy of RFT 03-24 is attached hereto. DISCUSSION
Municipal staff reached out to local contractors seeking out alternative options to financially save on lawn maintenance without altering the scope of work. Staff had terrific feedback from local contractors that were willing to competitively bid to complete the service at a lower cost.
Staff identified a couple items in the previous Lawn Maintenance Agreement that could come out of the new RFT as these service are already provided through alternative contracts or municipal staff.
Municipal flower beds would be mulched by municipal staff (students)
Municipal waste/recycling receptacles to be removed as part of an alternative contract
Removal of two properties currently being maintained by utility companies RFT 03-24 closed on March 27, 2024 at 11am. Staff received six (6) bids as the results of RFT 03-
24, 2024-2026 Lawn Maintenance Services attached hereto. Wilson’s Lawn Care was the overall low bid with an annual cutting amount of $64,740.
Additionally, “By-Law Provision Cutting” was added to RFT 03-24 to address any non-compliance with the Lot Maintenance By-Law No. 2018-037, as amended. Wilson’s Lawn Care, however, was not low bid with a bid of $100/hr. The Municipality utilizes this provision option two to three times annually with full expense of the provision to the lot owner. As a note, the 2024-2026 bid prices Wilson’s Lawn Care accounts for a cumulative savings of 21
percent relative to the previous Agreement No. 0763 for the period from 2022-2024. The financial breakdown for the received price would be as follows 2022-2024 2024-2026 Savings Parks $2,165 $1,590 26% Cemeteries $3,135 $2,580 18%
STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable ATTACHMENTS 1. RFT 03-24 Lawn Maintenance Services 2. Results table for RFT 03-24 Lawn Maintenance Services RECOMMENDATION 1. THAT Report PS-04/24 re Tender Award – RFT 03-24 – 2024-2026 Lawn Maintenance Services be received for information; 2. AND THAT 2024-2026 Lawn Maintenance Services be awarded to Wilson’s Lawn Care in accordance with their tender submission in the amount of $64,740 + HST; 3. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a by-law to enter into an agreement with Wilson’s Lawn Care for the provision of 2024-2026 Lawn Maintenance Services for Council consideration.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works| Chief Administrative Officer
Drainage Superintendent
REQUEST FOR TENDER
2024-2026 Lawn Maintenance Services
WITH THE PROVISION OF YARD MAINTENANCE
ASSOCIATED WITH BY-LAW ENFORCEMENT
RFT 03-24
NOTE: It is the Contractor’s sole responsibility to ensure their submissions are received in a sealed enveloped clearly marked with RFT 03-24 – 2024-2026 Lawn Maintenance Services by
the time and date specified within the document.
The Lowest or Any Bid Will Not Necessarily Be Accepted
Municipality of Bayham
P.O. Box 160
56169 Heritage Line Straffordville, ON
N0J 1Y0
Company Name & Address:_________________________________________________
Please return this cover sheet with your submission
ISSUE DATE: March 15, 2024
CLOSING DATE: March 27, 2024
CLOSING TIME: 11:00 AM, local time
LOCATION: Municipality of Bayham
56169 Heritage Line
Straffordville, ON
Attention: Steve Adams
Manager of Public Works
LATE SUBMISSIONS WILL NOT BE ACCEPTED
1. GENERAL:
1.1 Lump Sum – Per Map – Per Cut Unit Price bids will be submitted on the tender form in a sealed envelope which shall be clearly marked ‘RFT 03-24 – 2024-2026 Lawn
Maintenance Services’.
1.2 The Municipality will award contracts to the successful bidder for each Map.
1.3 Tenders will be received at the office of:
Municipality of Bayham
56169 Heritage Line
Straffordville, ON
not later than 11:00 AM local time, March 27, 2024.
1.4 The lowest or any bid not necessarily accepted.
1.5 Tenders will be opened publicly, shortly after 11:00 AM on March 27, 2024 at the
Municipality of Bayham office at the address referenced above.
1.6 TENDER SUBMISSION REQUIREMENTS
1.6.1 To be placed in sealed envelope clearly marked ‘RFT 03-24 – 2024-2026 Lawn Maintenance Services’: 1.6.1.1 COMPLETED FORM OF TENDER
1.6.1.2 CONTRACTOR’S EXPERIENCE FORM
1.6.1.3 CONTRACTOR’S EQUIPMENT FORM
1.6.1.4 SIGNED HEALTH AND SAFETY COMPLIANCE LETTER
1.6.1.5 WORKPLACE SAFETY INSURANCE BOARD CLEARANCE
CERTIFICATE
2. SCOPE:
2.1 The scope of this contract is to select a Contractor(s) to provide lawn maintenance services as outlined within RFT 03-24 – 2024-2026 Lawn Maintenance Services and the required agreement.
2.2 Mowing of all turfed areas shall be performed on a regular basis to ensure grass does not
exceed 4” in height. The grass is not to be cut to a height of less than 2”.
2.3 All debris and branches shall be picked up prior to lawn maintenance services each cut.
2.4 Municipal grassed area along public roadways abutting the locations are included in this
contract.
2.5 Trimming of grass adjacent to curbs, sidewalks, fences, trees, flower beds, benches, buildings, light standards, hydrants, etc. shall be done immediately after each mowing operation. At a minimum, one pass on both sides of all fences will be cut with a mower.
2.6 Edging of hedges and sidewalks shall be completed on a monthly basis so that these
areas have a neat and well-maintained appearance.
2.7 All hard surfaces, which includes parking lots and sidewalks, must be swept clean each time the contractor is performing work on site.
2.8 Pruning for trees up to 16 feet in height shall consist of the removal of excess sucker
growth, dead wood and interfering growth, the thinning of branches where necessary,
clearing growth from buildings and the shaping of trees. All pruned branches of a diameter
greater than 1 inch and all exposed wood or scars resulting from previous work damage
shall be painted with approved tree wound paint. Trees and branches which are weak
shall be cabled or braced in accordance with approved tree bracing methods. Timber,
brush and all other debris resulting from this work shall be entirely removed from the lands and disposed of by the Contractor at his own expense on the same day trees are pruned.
2.9 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens), July, and September (deciduous) and vines are to be trimmed
as required to present a neat appearance.
2.10 All fence lines and grassed areas, shall be cleared of weeds, debris and branches to each
cut.
2.11 The Contractor shall weed and maintain all flower beds and gardens each cut.
2.12 The Municipality shall provide the Contractor with the appropriate keys to all locations.
2.13 The Municipality shall not pay for travel time between locations.
2.14 Provisional By-law Works must be conducted within 48 hours of written correspondence provided by the Manager of Public Works or the Municipal By-Law Enforcement Officer to the Contractor.
2.15 Submission of the Provisional By-law Works invoice must be provided to the Municipality following the completion of the corresponding maintenance works, not included within the monthly invoicing.
3. RIGHT TO ACCEPT OR REJECT TENDERS:
3.1 Tenders may be invalidated if the forms are not properly and fully completed. Tenders
must be on the form provided. No substitutions will be considered. The Municipality will
be the sole judge of such matters.
4. UNACCEPTABLE TENDERS:
4.1 Each item in the Tender Form shall be a reasonable price for such item. Under no
circumstances will an unbalanced tender be considered. The Municipality will be the sole
judge of such matters, and should any tender be considered to be unbalanced, then it will
be rejected by the Municipality.
5. ABILITY AND EXPERIENCE OF BIDDER:
5.1 The Municipality reserves the right to reject the tender of any Contractor who does not furnish satisfactory evidence of sufficient equipment and experience to successfully
execute and complete the work in the specified time.
5.2 As part of this Tender Package, Standard forms for listing experience at performing similar
work have been included. Tenderers shall include the completed form with their
submission of tender.
6. DEFINITION OF MUNICIPALITY:
6.1 Wherever the word “Corporation”, “Municipality”. or “Owner” appears in this contract, it shall be interpreted as meaning “The Corporation of the Municipality of Bayham”.
7. PAYMENTS
7.1 The Municipality shall pay to the Contractor, subject to the provision of monthly invoices
for the following properties, the total sum, payable in a Lump Sum – Per Map – Per Cut
Unit Price for works completed in accordance with the contract.
7.2 The Municipality can be invoiced at:
Municipality of Bayham
56169 Heritage Line
PO Box 160
Straffordville, ON N0J 1Y0
8. INQUIRIES DURING TENDERING:
8.1 The Contractor is advised that inquiries regarding the interpretation of this document or specifications shall be directed to Steve Adams, Manager of Public Works, at (519) 866-5521 or by email sadams@bayham.on.ca 9. THE OCCUPATIONAL HEALTH AND SAFETY ACT:
9.1 The Contractor shall ensure compliance with the Occupational Health and Safety Act and
indemnify the Municipality for any failure to do so. 10. LIABILITY INSURANCE, INDEMNIFICATION AND HOLD HARMLESS:
10.1 The Contractor agrees to indemnify the Municipality and save it harmless from and against any and all claims, demands, loss, actions, damages, liability, and expenses, in
connection with loss of life, personal injury, or damage to property arising from any
occurrence on said lands howsoever such claims may arise, providing proof of liability
insurance not less than $5,000,000 prior to May 1, 2024 and that the insurance shall name
the Municipality of Bayham as an additional insured.
10.2 The successful proponent shall comply with all Federal, Provincial, County and Municipal
Legislation including, but not limited to environmental, Labour, Occupational Health and
Safety, Unemployment Insurance, Workplace Safety & Insurance Board, and Human
Rights. The successful proponent shall be qualified to test portable fire extinguishers and fire alarms. The successful proponent shall provide the Municipality with a valid WSIB Certificate.
11. SCHEDULE OF WORK
MUNICIPAL PARKS AND FACILITIES
11.1 Commencing May 1st to October 31st, the Contractor shall conduct Lawn Maintenance Services. Equipment shall not be operated in the contracted areas prior to sunrise and
must be off the area before sunset, on weekends, and/or during events that are held in
the parks: 11.1.1 The Contractor shall generally conduct landscape services activities every ten
(10) days.
11.1.1.1 The Municipality may permit weekly cuts in the spring, reducing cuts in
the heat of the summer to a bi-weekly schedule arriving at a season average of one (1) cut every ten (10) days, subject to the approval of the Manager of Public Works. 11.1.1.2 The Municipality will not pay for more than 18 cuts on any map location in any season May 1-October 31. Additional cuts beyond 18
cuts may be approved in writing prior to the works occurring.
11.1.1.3 Should the Contractor perform more than 18 cuts on any map location
without prior written municipal approval it shall be at the sole cost of the Contractor. 11.1.1.4 The Contractor must schedule with the Manager of Public works a set time for the property at 8354 Plank Rd. due to staff scheduling regarding vehicles.
11.1.2 The Manager of Public Works shall advise the Contractor of the date which
landscape services activities may commence for the first time each year.
11.2 The Manager of Public Works shall have absolute, and unfettered, final discretion on work.
MUNICIPAL CEMETERIES
11.3 Commencing May 1st to October 31st, the Contractor shall conduct Lawn Maintenance Services. Equipment shall not be operated in the contracted areas prior to sunrise and must be off the area before sunset, on weekends, and/or during events that are held in
the parks:
11.4.1 The contractor shall generally conduct Cemetery landscaping services not more than described in the Cemetery Location/Quantity chart below:
Cemetery Location/Quantity Chart
Cemetery Address Number of
Cuts
Decoration
Day
Best 54536 Best line 14 4th Sunday in
August
Firby 10968 Springerhill
Road
14
Old Richmond 54254 Heritage Line 14
Old Eden 11318 Ridge Line 14
Dobbie 56139 Green Line 14
Light 55236 Light Line 14 4th Sunday in
August
Claus 57084 Calton Line 14
Stanton 58180 Calton Line 14
Edison 31 King St. East
(Vienna)
14
Estherville 54880 Glen Erie Line 14 2nd Sunday in
November
Otter Valley 56651 Tunnel Line 14
Bayham West 53688 Heritage Line 14 4th Sunday in
August
Eden 56897 Eden Line 14 1st Sunday in
September
Smuck 55177 Jackson Line 14 3rd Sunday in
August
Straffordville 55939 Heritage Line 14 3rd Sunday in
August
Guysboro 57682 Heritage Line 14 4th Sunday in
August
Calton 6964 Richmond
Road
12 3rd Sunday in
August
11.4.2 The Municipality will not pay for more than the cuts noted within Appendix ‘B’ at
any location throughout the season, May 1-October 31. Additional cuts beyond the above-noted Chart may be approved in writing prior to the work occurring. 11.4.3 Should the Contractor perform more than the noted cuts approved in the above-noted chart on any location without prior written municipal approval it shall be at the sole cost of the Contractor.
11.4.4 All Cemeteries to be cut prior to Decoration Days - This should be part of the
Cemetery Location/Quantity Chart for the subject cemeteries.
11.4.5 The Contractor should contact the Manager of Public Works or the Municipal office prior to May 1 each contract year to clarify the exact dates in which decoration days are being conducted.
11.5 The Manager of Public Works shall have absolute, and unfettered, final discretion
on work
12. EXECUTE CONTRACT AGREEMENT:
12.5 Tenders shall be open for acceptance for a period of thirty (30) days after the
closing date. After this time the tender may only be accepted with the consent of the successful Contractor.
12.6 The successful Contractor shall execute the contract documents within ten (10) calendar days of receipt of notification of acceptance of tender.
12.7 Failure by the successful Contractor to meet the above requirements will entitle the Municipality to cancel the award of the contract. The Municipality may award
the contract to one of the other Contractors or take such action as it chooses.
13. LOCATION OF WORK:
13.5 The work will be located within the Municipality of Bayham on those locations
identified in the form of tender.
14. TENDER QUANTITIES:
14.5 Tender quantities are approximate and may vary dependent upon land ownership
and budget constraints.
14.6 The Municipality reserves the right to extend, restrict and delete tender items in the
contract as it sees fit. No compensation will be given to the Contractor for the
restriction or deletion of tender items.
15. GOVERNMENT REQUIREMENTS:
15.5 The Contractor Shall obey all Federal Provincial, and Municipal Laws, Acts,
Ordinances, Orders in Council and By-Laws which could in any way pertain to the
work outlined in the contract or to the Employees of the Contractor.
16. NOTICE TO CONTRACTORS- RE: EMPLOYMENT:
16.5 The Contractor will, respective of this contract:
16.5.1 Employ only residents of Canada and those persons legally able to
work in Canada;
16.5.2 In employing persons, refrain from discriminating against any person by reason of his race, religion, political affiliations, or
gender.
17. HOURS OF WORK:
17.5 The usual hours of work are from Monday to Friday will from 7:00 a.m. to 4:30 p.m. Weekend and after hours work is usually not undertaken, but may be in
exceptional circumstances. There will be no additional compensation for weekend
work.
18. SITE ACCESS:
18.5 Contractor will be provided with appropriate keys prior to cutting season. Keys may be signed out at the Municipal office at 56169 Heritage Line Straffordville.
19. UNIT PRICES:
19.5 The Lump Sum – Per Map – Per Cut Unit Price submitted for each map shall be
inclusive of all materials, equipment, labour, and transportation, permits and fees,
if any, required to perform and compete the work. No additional allowances will
be considered.
19.6 Provisional Items will not be considered in determining the low bid.
19.7 The Lump Sum – Per Map – Per Cut Unit Price will be utilized to determine low
bid.
19.8 The Lump Sum – Per Map – Per Cut Unit Price shall be the per cut cost exclusive of HST
19.9 The Municipality will award contracts to the successful bidder for each Map.
RFT 21-02 LAWN MAINTENANCE SERVICES - TENDER FORM
Description Lump Sum –
Per Map – Per
Cut Unit Price
Port Burwell
Area ‘A’
Map # 1
Open Space (Parcels between Hurley Lane, Chatham St,
Bridge St.)
Area ‘B’ Port Burwell Ball Diamond (55461 Nova Scotia Line)
Area ‘C’ (Robinson St @ Howard St – grass area- Submariners Way)
Area ‘D’ (Victoria St @ Plank Rd ((Robinson St)) – North and South
sides of road)
Area ‘E’ Port Burwell Library (21 Pitt St. & Gazebo)
Area ‘F’ Parkette & Cenotaph- Pitt St @ Erieus St)
Area ‘G’ Basketball Court (Pitt St @ Erieus St.)
Area ‘H’ Marine Museum (18 Pitt St)
Area ‘I’ Lighthouse (17 Robinson St)
Area ‘J’ Beach turnaround (South end of Robinson St - guard rail area to
bottom of slope on the west approximately 30 meters west from
guard rails going southerly to bottom of slope at turnaround most
southerly section of road) along with end of turnaround along
beach to accessible pad and around washroom and food booth.
Area ‘K’ Memorial Park (southwest corner of Brock and Strachan to
Waterfront of East Beach)
Area ‘L’ Wind Interpretive Centre (5361 Brown Rd)
Area ‘M’ Hurley Street (along guardrails to bridge both sides of road)
Area ‘N’ Wastewater Treatment Plant (1 Chatham St)
Area ‘O’ Port Burwell Fire Hall (55451 Nova Scotia Line)
Vienna – Map #2
Area ‘A’ Vienna Community Park (14 Ann St)
Area ‘B’ Vienna Memorial Park (6226 Plank Rd) Area ‘C’ Pump Station (54 Front St) Area ‘D’ Edison Historical Plaque Area (Corner of Water St & Plank Rd)
Straffordville
Area ‘A’
– Map #3
Straffordville Fire Hall (55764 Third St)
Area ‘B’ Straffordville Community Centre & Park (56169 Heritage Line)
Area ‘C’ Parkette (56301 Heritage Line @ Plank Rd)
Area ‘D’ Pump Station (8934 Plank Rd)
Area ‘E’ Pump Station (9352 Garner Rd)
Area ‘F’ Pump Station (56826 Heritage Line)
Area ‘G’ Public Works Yard (8354 Plank Rd)
Area ‘H’
Straffordville Library (9366 Plank Rd)
Eden – Map #4
Area ‘A’ Pump Station (11403 Plank Rd)
Area ‘B’ Eden Park (56967 Eden Line)
Corinth – Map #5
Area ‘A’ Corinth Park (54286 Best Line)
Area ‘B’ Open Space (S/E Corner Culloden Rd/Best Line)
Richmond - Map #6
Area ‘A’ Richmond Park (53906 Church St)
Area ‘B’ Richmond Water (Well & Water Plant 9190 Richmond Rd)
Cemeteries - Map #7
Area ‘A’ Best - 54536 Best Line
Area ‘B’ Firby – 10968 Springerhill Road
Area ‘C’ Old Richmond – 54254 Heritage Line
Area ‘D’ Old Eden – 11318 Ridge Line Area ‘E’ Dobbie – 56139 Green Line
Cemeteries -
Area ‘A’
Map #8
Light - 55236 Light Line
Area ‘B’ Claus - 57084 Calton Line
Area ‘C’ Stanton - 58180 Calton Line
Area ‘D’ Edison - 31 King St East (Vienna)
Area ‘E’ Estherville - 54880 Glen Erie Line
Area ‘F’
Otter Valley - 56651 Tunnel Line
Map #9 Bayham West- 53688 Heritage Line
Map #10 Eden - 56897 Eden Line
Map #11 Smuck - 55177 Jackson Line
Map #12 Straffordville - 55939 Heritage Line
Map #13 Guysboro - 57682 Heritage Line
Map #14
Calton - 6964 Richmond Road
Unit Price shall be the per cut cost exclusive of HST
Provisional By-Law Works
Cut Unit Price/Hour
$
Unit Price shall be the per cut cost exclusive of HST
I/We the undersigned agree to perform 2024-2026 Lawn Maintenance Services in the Municipality of Bayham as required by the Manager of Public Works in compliance with the terms, conditions and
specifications noted in this tender and agreement.
Company Name
Home Number
Signature
Fax Number
Printed Name
After Hours Number (Cell Phone)
Date
HST Registration #
CONFIRMATION OF FAVOURABLE HEALTH AND SAFETY PRACTICE FORM
The Contractor(s):________________________________________________________
The Municipality of Bayham is committed to:
i. The prevention of workplace injury and illness to all workers at Municipal locations.
ii. The belief that contractor safety is compatible with the safety policy of the Municipality and is good business.
iii. Assuming a leadership role by citing contractors for any violations of the contract.
iv. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with
the Occupational Health and Safety Act and any other legislation pertaining to employee
health and safety.
v. For long term contracts, or contracts involving pre-selected contractors, the Municipality
reserves the right to cancel (or place on probation) the contract of any contractor who is
charged and/or convicted of offences under the Occupational Health and Safety Act while
carrying out any part of a project with the Municipality.
Contractor’s Statement of Responsibility: As a contractor retained to perform work for the Municipality of Bayham, I/we accept the following health and safety responsibilities:
i. I/we will comply with all procedures and requirements of the Occupational Health and Safety
Act, Municipal safety policies and procedures, department and site specific policies and
procedures and all applicable legislation or regulations. ii. I/we will work safely with skill and care
so as to prevent accidental injury to ourselves, fellow employees and all other persons on the
site of work. iii. For contracts or sub-contracts that involve commercial motor vehicles as defined by the
Highway Traffic Act, I/we acknowledge possession of a current Carrier CVOR abstract
with one of the following safety ratings: Excellent; Satisfactory; Conditional, or
Satisfactory-Unaudited.
iv. I/we will advise the Municipality if the CVOR safety rating of our firm is changed to ''Unsatisfactory" at any time during the course of the contract and, upon request, will provide the Municipality with a copy of the most recent Carrier CVOR abstract indicating
the sanctions imposed by the Ministry of Transportation.
Contractor
Name of Person Signing for Contractor
Signature of Contractor
Date
Contractor's Experience in Similar Work
Year
Completed
Description of Work For Whom Work
Performed
Value
To be completed and returned with tender.
Contractor’s Equipment List
Make and Model Year Hrs Type of mower attachment.
To be completed and returned with tender.
2024-2026 LAWN MAINTENANCE SERVICES AGREEMENT - DRAFT
THIS AGREEMENT made in triplicate this xx day of xxxxxxx, 20xx.
BETWEEN
XXXXXXXXXXXXXXXXXXX
(hereinafter referred to as the “Contractor”)
of the First Part
-and-
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter referred to as the “Municipality”)
of the Second Part
WHEREAS the Municipality is the registered owner and/or the lessee of the lands shown on the
various maps attached hereto as “Map #X”, “…………, hereinafter referred to as the “lands”;
AND WHEREAS the Contractor wishes to provide lawn maintenance services for the said lands in
accordance with RFT 03-24;
AND WHEREAS in consideration of the payment of the sum of monies as described within the context of this agreement by the Contractor to the Municipality and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. The Municipality grants permission to the Contractor to enter upon municipal lands for the
purpose of maintaining the lands.
2. The Contractor agrees to provide lawn maintenance services as outlined and needed for
the lands.
3. The Municipality shall pay to the Contractor for the following properties, the total sum, payable in equal monthly installments:
XXXXXXXXXXXXXXXXXXXXX
4. The Contractor agrees to indemnify the Municipality and save it harmless from and against any and all claims, demands, loss, actions, damages, liability, and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise, providing proof of liability insurance not less than $5,000,000 prior to May 1, 2024 and that the insurance shall name
the Municipality of Bayham as an additional insured.
5. The successful proponent shall comply with all Federal, Provincial, County and Municipal Legislation including, but not limited to environmental, Labour, Occupational Health and Safety, Unemployment Insurance, Workplace Safety & Insurance Board, and Human Rights. The successful proponent shall be qualified to test portable fire extinguishers and
fire alarms. The successful proponent shall provide the Municipality with a valid WSIB
Certificate.
6. The Contractor will observe and adhere to the standards set out in Appendix “A” attached hereto.
7. The Contractor shall not impede parking, pedestrian or vehicular traffic to the subject lands.
8. The Municipality shall have access to the site and surrounding area at all times.
9. The Contractor shall not subcontract any or all of this agreement without the prior and
express approval of the Municipality.
10. This Agreement may be terminated at any time by either party giving the other party 30
days written notice of termination.
IN WITNESS WHEREOF the Contractor and the Municipality have hereunto set their hands
and Corporate Seals this xxTH day of xxxx, 20xx.
SIGNED, SEALED AND WITNESSED
) THE CORPORATION OF THE
) MUNICIPALITY OF BAYHAM
)
) _____________________________
) Mayor
)
) _____________________________
) Chief Administrative Officer
)
) ) CONTRACTOR
In the Presence of )
)
________________________________
) _________________________________
Appendix “A”
2024-2026 LAWN MAINTENANCE SERVICES
SCOPE OF WORK
1. GENERAL-LANDSCAPE SERVICE
1.1 Except as otherwise expressly provided the Contractor shall furnish all the necessary labour, materials and equipment to perform the work specified in this contract.
1.2 The Contractor shall be solely responsible for loss or damage of his equipment and for
any material delivered to him from whatsoever source.
1.3 The Contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract.
1.4 All work performed by the Contractor shall be executed to the satisfaction of the
Municipality.
1.5 Failure to provide and maintain a standard of service and workmanship acceptable to the
Road Operations Supervisor, or designate, will, at his discretion, result in an alternate
Contractor being hired to do the work with the cost of the same deducted from payment to the original contractor. Repeated failure to meet Municipal standards of service and workmanship will result in termination of the contract. 2. TERMS OF CONTRACT
2.1 This contract shall be in force and effect from May 1, 2024 - December 31, 2026
2.2 This contract may be renewed for two (2) additional one (1) year terms upon the agreement of both the Contractor and the Municipality.
3. PAYMENT
3.1 Invoices shall be submitted on a monthly basis starting one month from the
commencement of work.
4. DESCRIPTION OF WORK
4.1 Mowing of all turfed areas shall be performed on a regular basis to ensure grass does not exceed 4” in height. The grass is not to be cut to a height of less than 2”.
4.2 All debris and branches shall be picked up prior to lawn maintenance services each cut.
4.3 Municipal grassed area along public roadways abutting the projects are included in this
contract.
4.4 Trimming of grass adjacent to curbs, sidewalks, fences, trees, flower beds, benches, buildings, light standards, hydrants, etc. shall be done immediately after each mowing operation. At a minimum, one pass on both sides of all fences will be cut with a mower.
4.5 Edging of hedges and sidewalks shall be completed on a monthly basis so that these
areas have a neat and well maintained appearance.
4.6 All hard surfaces, which includes parking lots and sidewalks, must be swept clean each
time the contractor is performing work on site.
4.7 Pruning for trees up to 16 feet in height shall consist of the removal of excess sucker
growth, dead wood and interfering growth, the thinning of branches where necessary, clearing growth from buildings and the shaping of trees. All pruned branches of a diameter greater than 1 inch and all exposed wood or scars resulting from previous work damage shall be painted with approved tree wound paint. Trees and branches which are weak
shall be cabled or braced in accordance with approved tree bracing methods. Timber,
brush and all other debris resulting from this work shall be entirely removed from the lands and disposed of by the Contractor at his own expense on the same day trees are pruned.
4.8 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens), in June, July and September (deciduous) and vines are to be
trimmed as required to present a neat appearance.
4.9 All fence lines and grassed areas, shall be cleared of weeds, debris and branches to each cut.
4.10 The contractor shall first properly edge all flower beds and gardens at the beginning of
each year.
4.11 The Contractor shall weed and maintain all flower beds and gardens each cut.
4.12 The Municipality shall provide the Contractor with the required keys for the appropriate
properties. Keys to be picked up and signed out at the Municipal Office.
4.13 The Municipality shall not pay for travel time between locations.
4.14 Provisional By-law Works must be conducted within 48 hours of written correspondence
provided by the Manager of Public Works or the Municipal By-Law Officer to the
contractor.
4.15 Submission of the Provisional By-law Works invoice must be provided to the Municipality
following the completion of the corresponding maintenance works, not included within the
monthly invoicing.
5. SCHEDULE OF WORK
MUNICIPAL PARKS AND FACILITIES
5.1 Commencing May 1st to October 31st, the contractor shall conduct Lawn Maintenance Services. Equipment shall not be operated in the contracted areas prior to sunrise and must be off the area before sunset, on weekends, and/or during events that are held in the parks:
5.1.1 The Contractor shall generally conduct landscape services activities every ten
(10) days.
5.1.1.1 The Municipality may permit weekly cuts in the spring, reducing cuts in the heat of the summer to a bi-weekly schedule arriving at a season average of one (1) cut every ten (10) days, subject to the approval of the Manager of
Public Works.
5.1.1.2 The Municipality will not pay for more than 18 cuts on any map location in
any season May 1-October 31. Additional cuts beyond 18 cuts may be approved in writing prior to the works occurring. 5.1.1.3 Should the Contractor perform more than 18 cuts on any map location without prior written municipal approval it shall be at the sole cost of the Contractor.
5.1.1.4 The Contractor must schedule with the Manager of Public works a set time
for the property at 8354 Plank Rd. due to staff scheduling regarding vehicles. 5.1.2 The Manager of Public Works shall advise the Contractor of the date which
landscape services activities may commence for the first time each year.
5.2 RFT 03-24 – 2024-2026 Lawn Maintenance Services, as amended, shall form part of this
agreement, attached hereto as Schedule ‘B’.
5.3 The Manager of Public Works shall have absolute, and unfettered, final discretion on
work.
MUNICIPAL CEMETERIES
5.4 Commencing May 1st to October 31st, the contractor shall conduct Lawn Maintenance Services. Equipment shall not be operated in the contracted areas prior to sunrise and
must be off the area before sunset, on weekends, and/or during events that are held in the parks: 5.4.1 The contractor shall generally conduct Cemetery landscaping services not more than described in the Cemetery Location/Quantity Chart below.
Cemetery Location/Quantity Chart
Appendix B
Cemetery Address Number of
Cuts
Decoration
Day
Best 54536 Best line 14 4th Sunday in
August
Firby 10968 Springerhill
Road
14
Old Richmond 54254 Heritage Line 14
Old Eden 11318 Ridge Line 14
Dobbie 56139 Green Line 14
Light 55236 Light Line 14 4th Sunday in
August
Claus 57084 Calton Line 14
Stanton 58180 Calton Line 14
Edison 31 King St. East
(Vienna)
14
Estherville 54880 Glen Erie Line 14 2nd Sunday in
November
Otter Valley 56651 Tunnel Line 14
Bayham West 53688 Heritage Line 14 4th Sunday in
August
Eden 56897 Eden Line 14 1st Sunday in
September
Smuck 55177 Jackson Line 14 3rd Sunday in
August
Straffordville 55939 Heritage Line 14 3rd Sunday in
August
Guysboro 57682 Heritage Line 14 4th Sunday in
August
Calton 6964 Richmond
Road
12 3rd Sunday in
August
5.4.2 The Municipality will not pay for more than the noted within Appendix ’B’ at any
location throughout the season May 1-October 31. Additional cuts beyond the
above-noted Chart may be approved in writing prior to the work occurring.
5.4.3 Should the Contractor perform more than the noted cuts approved in the above-noted Chart on any location without prior written municipal approval it shall be at the sole cost of the Contractor. 5.4.4 All Cemeteries to be cut prior to Decoration Days. This should be part of the Cemetery Location/Quantity Chart for the subject cemeteries.
5.4.5 The Contractor should contact the Manager of Public Works or the Municipal
office prior to May 1 each contract year to clarify the exact dates in which
decoration days are being conducted.
5.5 The Manager of Public Works shall have absolute, and unfettered, final discretion on work
RFT 03-24 Lawn Maintenance Services
March 27, 2024
Contractor Municipal Parks Map Areas 1-6
Cemeteries Map Areas 7-14 Total Cost Provisional By-Laws/Hr.
Wilsons Lawn Care $ 1,590 $ 2,580 $ 4,170 $100
Janzen Lawn Care $ 2,715 $ 1,980 $ 4,695 $100
Stoke’s Lawn Care $ 2,445 $ 1,910 $ 4,355 $80
1997668 Ontario LTD $ 1,890 $ 2,880 $ 4,770 $80
Fitch General Contracting Inc. $ 2,940 $ 2,035 $ 4,975 $55
D&D Commercial Property Maintenance Ltd.
$ 2,280 $ 2,890 $ 5,170 $85
*Price is based on one cut in each map area plus HST
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: April 4, 2024
REPORT: PS-05/24 SUBJECT: TENDER AWARD – RFT 02-24 – PAVEMENT MARKINGS BACKGROUND As part of the annual Roads Department Operating Budget, various pavement marking works are completed. Agreement No. 0762 with Guild Electric Limited covers linear line painting. Staff issued RFT 02-24 for pavement marking work consisting of stop blocks, parking lots, parking areas, and other miscellaneous pavement markings. DISCUSSION RFT 02-24 was posted on March 6, 2024 and closed on March 27, 2024 with the Manager of Public
Works and Clerk participating in the opening. The results of RFT 02-24 are as follows: Bidder Bid Price/Litre (Yellow) Bid Price/Litre (White)
R an N Maintenance $ 12 $ 12
Kettle Creek landscaping $ 28 $ 28
Mobil Services Inc. $ 29.85 $ 29.85
As per the County Roads Maintenance Agreement, stop blocks and directional arrows are completed annually, whereas parking stalls are completed every two (2) years or as required. Generally, the Municipality utilizes between 550-700 or 700-1000 litres to complete the pavement
marking pending which cycle. This is an increase of 22 percent over the previous Agreement No. 0649, which was awarded in
2018. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable ATTACHMENTS 1. RFT 02-24 Pavement Markings
RECOMMENDATION 1. THAT Report PS-05/24 re Tender Award – RFT 02-24 – Pavement Markings be received for information; 2. AND THAT 2024-2026 Pavement Markings be awarded R an N Maintenance in accordance with their tender submission in the amount of $12.00/litre + HST; 3. AND THAT the Council of the Corporation of The Municipality of Bayham direct staff to bring forward a by-law to enter into an agreement with R an N Maintenance for the provision of 2024-2026 Pavement Marking Services for Council consideration. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works| Chief Administrative Officer Drainage Superintendent
REQUEST FOR TENDER
PAVEMENT MARKING RFT 02-24
NOTE: It is the vendor’s sole responsibility to ensure their submissions are received in a sealed enveloped clearly marked with RFT 02-24 by the time and date specified within the document.
The Lowest or Any Bid Will Not Necessarily Be Accepted
Municipality of Bayham
P.O. Box 160
56169 Heritage Line Straffordville, ON N0J 1Y0
Company Name &
Address:_______________________________________________________________
_______________________________________________________________________Please return this cover sheet with your submission
ISSUE DATE: Wednesday March 6, 2024
CLOSING DATE: Wednesday March 27, 2024
CLOSING TIME: 1:00 P.M., local time
LOCATION: Municipality of Bayham
P.O. Box 160 56169 Heritage Line Straffordville, ON, N0J 1Y0
Attention: Steve Adams
Manager of Public Works LATE SUBMISSIONS WILL NOT BE ACCEPTED
GENERAL INDEX
SECTION A TERMS AND CONDITIONS SECTION B INFORMATION FOR BIDDERS SECTION C FORM OF TENDER
SECTION D GENERAL AND ITEM SPECIAL PROVISIONS
SECTION A – TERMS AND CONDITONS
Section 1 – General Conditions
1.1 Form of Tender
All Tenders must be upon the forms provided, submitted in sealed packages, clearly marked with the tender number and project description. The package shall include one (1) original. Please see “Completion of Tender” for a listing of documents to include for this submission.
1.2 Definitions
Corporation: Refers to “The Corporation of the Municipality of Bayham”
Owner: Refers to “The Corporation of the Municipality of Bayham”
Respondent: Refers to “any eligible entity providing a Tender”
Successful Respondent(s): Refers, in the event of an award, “to the selected Respondent(s)” RFT Refers to “Request for Tender”
1.3 Tender Closing
Tender submissions must be received by the Municipality of Bayham, 56169
Heritage Line, Straffordville, ON N0J 1Y0. Attention: Steve Adams, Manager of Public Works no later than:
1:00 P.M. local time, Wednesday March 27, 2024
Please note that delivery of bids by mail or all couriers on the tender closing
day, in the morning, is not guaranteed.
It is recommended to hand deliver bids intended to be received on the closing day.
The Corporation is not responsible for Submissions which are not properly marked and/or delivered to any other location, than that specified.
1.4 Tender Opening
Respondents are advised there will be a public opening for this RFT. Submissions received, by the date and time of closing, will be opened administratively by respective members of the Corporation at closing time.
1.5 Electronic Submissions
Electronically transmitted submissions (e-mail, fax, etc.) will not be accepted for this
Tender.
1.6 Inquiries / Clarification
Inquiries must be received no later than three (3) business days prior to the closing date of the RFT; otherwise, a response may not be provided.
1.7 Late Submissions
Tenders received after the official closing time will not be considered during the selection process and will be returned unopened to the respective Respondent(s).
1.8 Completion of the Tender
All entries shall be clear and legible, and made in a non-erasable medium, and signed
in ink. All items shall be submitted according to any instruction in the Request for
Tender Documents.
Alterations may be made, providing they are legible and initialled by the Respondent's signing officer. Tenders which are incomplete, conditional, illegible or obscure, or that contain additions not called for, reservations, erasures, alterations
incorrectly submitted, or irregularities of any kind may be rejected.
1.9 Tender Withdrawal
Any Tender may be withdrawn prior to the scheduled time for Tender Closing, or authorized postponement thereof.
1.10 Respondent Expense
Any expenses incurred by the Respondent in the preparation of the Tender
submission are entirely the responsibility of the Respondent and will not be charged to the Corporation.
1.11 Examination of Request for Tender Documents
Each Respondent must satisfy himself/herself by a personal study of the RFT documents respecting the conditions existing or likely to exist in connection with the
proposed work. There will be no consideration of any claim, after Submission of
Tenders, that there is a misunderstanding with respect to the conditions imposed by this RFT.
Prices must include all incidental costs and the Respondent must be satisfied as to the full requirements of the RFT. No claims for extra work will be entertained and
any additional works must be authorized in writing prior to commencement. Should the Respondent require more information or clarification on any point, it must be obtained prior to the submission of the RFT.
1.12 Acceptance or Rejection of Tenders
1.12.1 The Corporation reserves the right to reject any or all Tenders, and to waive formalities as the interests of the Corporation may require without stating reasons therefore.
The Corporation also reserves the right to enter into negotiations with the lowest compliant bidder if the price bid is over the budgeted amount for the project. Should the Corporation be unable to reach an agreement with the lowest compliant bidder, the Corporation reserves the right to enter into negotiations with the next lowest compliant bidder, or to cancel the call –
whichever is deemed to be in the best interest of the Corporation.
1.12.2 Notwithstanding and without restricting the generality of the statement
immediately above, the Corporation shall not be required to award or accept a Tender, or recall the Tenders at a later date:
a) When only one Tender has been received as a result of the Tender call.
b) Where the lowest responsive and responsible Respondent substantially
exceeds the estimated cost of the goods or service.
c) When all Tenders received fail to comply with the Specifications or Tender Terms and Conditions.
d) Where a change in the scope of work or specifications is required.
1.12.3 The Corporation shall not be responsible for any liabilities, costs, expenses, loss
or damage incurred, sustained or suffered by any Respondent by reason of the
acceptance or the non-acceptance by the Corporation of any Tender or by reason of any delay in the acceptance of a Tender, except as provided in the Tender document.
1.12.4 Each Tender shall be open for acceptance by the Corporation for a period of thirty (30) calendar days following the date of closing.
1.12.5 Where the Tender documents do not state a definite delivery/work schedule
and a submitted Tender is based on an unreasonable delivery/work schedule,
the Tender may be rejected.
1.13 Inquiries, Discrepancies and Interpretations
Should a Respondent find omissions from or discrepancies in any of the RFT documents, or should the Respondent be in doubt as to the meaning of any part of
such documents, the Respondent shall notify the designated contact person and
office without delay. If the designated contact person considers that a correction, explanation or interpretation is necessary or desirable, an addendum will be issued to all who have received RFT documents.
No oral explanation or interpretation will modify any of the requirements or provisions
of the Tender documents.
1.14 Errors and/or Omissions
The Corporation shall not be held liable for any errors and/or omissions in any part of this RFT. While the Corporation has used considerable efforts to ensure an accurate representation of information in this RFT, the information contained in the RFT is supplied solely as a guideline for Respondents. The information is not
guaranteed or warranted to be accurate by the Corporation, nor is it necessarily comprehensive or exhaustive. Nothing in the RFT is intended to relieve the Respondents from forming their own opinions and conclusions with respect to the matters addressed in the RFT.
1.15 Addenda
If required by the Corporation, addenda will be distributed to all Proponents
registered as a document taker for this Tender. Addenda will be distributed via
email using the latest contact information as provided by the Proponent. It is the Proponent’s responsibility to notify the Corporation of any changes to their email or mailing address. It is the Proponent’s ultimate responsibility to ensure all addenda have been received.
1.16 Tender Award Procedures
Unless stated otherwise, the following procedures will apply:
1.16.1 The Corporation will notify the Successful Respondent(s) of the award within
thirty (30) calendar days of the Tender Closing.
1.16.2 Notice of Acceptance of Tender will be by telephone and by written notice.
1.16.3 Immediately after acceptance of the Tender by the Corporation, The Successful Respondent(s) shall provide the Corporation with the Certificate of Liability Insurance and any other required documents within fourteen (14)
calendar days of the date of Notification of Acceptance & Award.
1.16.4 Following receipt of the required documents, the Successful Respondent(s) will receive written authority, in the form of a Professional Services Agreement and/or official Purchase Order, to proceed with the Work.
1.17 Ability and Experience of Respondent(s)
It is not the purpose of the Corporation of the Municipality of Bayham to award this
contract to any Respondent(s) who does not furnish satisfactory evidence of possessing the ability and experience in this class of work and sufficient capital to ensure acceptable performance and completion of the Tender. The Corporation of the Municipality of Bayham reserves the right to be our own reference and may disqualify a Respondent on this basis.
1.18 Responsibility for Damages
The successful Respondent(s) shall indemnify and hold harmless the Corporation, its officers and employees from and against any and all liabilities, claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, directly or indirectly arising out of the project attributable to bodily injury, sickness,
disease or death or to damage to or destruction of tangible property caused by any
acts or omissions of the Respondent(s), its officers, agents, servants, employees, customers, invitees or licensees, or occurring in or on the premises or any part thereof and, as a result of activities under this Tender.
1.19 Regulation Compliance and Legislation
The successful Respondent(s) shall ensure all services and products provided in
respect to this Tender are in accordance with, and under authorization of all applicable authorities, Municipal, Provincial and/or Federal legislation and Standards.
1.20 Sub-Consultants
No sub consultants or collateral agreements shall be permitted with respect to the work of this assignment, except with the Corporation’s express written consent and, in advance of commencement of sub consultant activities.
Failure to obtain this consent may result in cancellation of the contract with the Successful Respondent(s). 1.21 Indemnity
The Contractor shall indemnify and save harmless the Owner and its officers from all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, occasioned by or attributable to the activities or omissions of
the Contractor or those for whom the Contractor is responsible in performing the
Contract.
1.22 Protection of Work and Property
The successful respondent shall provide continuous and adequate protection of all work from damage and shall protect the Owner’s property from injury or damage arising from or in connection with this work. The successful Respondent(s) shall
make good any such damage or injury.
1.23 Character and Employment of Workers The successful Respondent(s) shall employ only orderly, competent, and skilful employees to ensure that the services are carried out in a respectable manner.
In the event that any person employed by the Successful Respondent(s) in
connection with the service arising out of this Tender gives, in the opinion of the Corporation, just cause for complaint, the successful Respondent(s) upon notification by the Corporation in writing, shall not permit such person to continue in any future service arising out of this Tender.
1.24 Freedom of Information
All correspondence, documentation and information provided shall become the
property of the Municipality. Any personal information required on the documentation presented is received under the authority of the Municipal Freedom of Information and Protection of Privacy Act, 1989, RSO, 1990. This information will be an integral component of the quote submission.
All written Tenders received by the Municipality become a public record.
Once a Tender is accepted by the Municipality of Bayham, and a contract is signed, all information contained in them is available to the public, including personal information. Questions about collection of personal information and the Municipal Freedom of
Information and Protection of Privacy Act, 1989, R.S.O. 1990, Chapter M.56, as
amended, should be directed to:
Clerk, Municipality of Bayham
56169 Heritage Line, Straffordville, Ontario
N0J 1Y0
Telephone (519) 866-5521
Section 2 – Specific Conditions
2.1 Notification of Award
The Corporation will notify only the respondent(s) presenting the awarded Tender(s) in writing.
2.2 Budget Approval
The Municipality of Bayham reserves the right to remove and/or delay portions of
the contract depending upon approvals and/or budgetary restraints, or for any other reason that may arise.
2.3 Patent, Copyright, or other Proprietary Rights
In accordance with Municipal Freedom of Information and Protection of Privacy Act, Respondents are reminded to clearly identify in their Tender material, any specific
scientific, technical, commercial, proprietary, intellectual or similar confidential information, the disclosure of which could cause them injury or damage.
Respondents are encouraged to place all such details and information within a separate section of their submission. Complete Tender details are not to be identified as “Confidential”.
2.4 Harmonized Sales Tax (HST)
All prices within this document shall be quoted exclusive of HST.
2.5 Terms of Payment
The normal terms of payment for the Corporation will be net thirty (30) calendar days. Invoices shall be forwarded to:
Municipality of Bayham 56169 Heritage Line
PO Box 160
Straffordville, ON N0J 1Y0
2.6 Unbalanced or Incorrect Tenders Where the amount of an item does not agree with the extension of the estimate
quantity and the tendered unit price, the unit price shall govern and both the item
amount and the total tender price shall be corrected accordingly. If both the unit price and the total price for an item are left blank, then both shall be considered a zero. If the unit price is left blank, but a total price is shown for the item, then the unit price shall be determined by dividing the total price by the estimated quantity.
2.7 Performance
Any undue delays in the execution of the work and/or costs incurred by the Corporation due to inefficiencies in performance on behalf of the successful
Respondent(s) shall be deemed to be the responsibility of that Respondent(s) and as such, any and all costs, as deemed appropriate and reasonable compensation for the Corporation, will be assessed to the successful Respondent(s).
2.8 Taking the Work Out of the Contractor’s Hands
Where the Contractor becomes bankrupt or insolvent, delays commencing or
diligently executing the Work, abandons the Work or has otherwise failed to perform any of the provisions of the Contract, the Owner may, without previous notice and without process or suit at law, take the work out of the hands of the Contractor and have it completed by whatever means are considered necessary. In addition to any
other remedy available in law or equity, the Owner may use all monies due on the
Contract to correct or complete the work.
2.9 Assignment of Contract
The successful Respondent(s) shall not assign transfer, convey, sublet or otherwise dispose of this contract or his/her right, title or interest therein, or his power to execute such contract, to any other person, company or corporation, without the
previous consent, in writing, of the Corporation’s officials, which consent shall not
be unreasonably withheld.
2.10 Contact(s)
All enquiries relative to this RFT shall be directed to:
Main Contact:
Steve Adams
Manager of Public Works
sadams@bayham.on.ca
Questions of clarification will be answered individually, but response(s) to any question that modifies the scope of the RFT will be circulated in writing as a RFT Addendum to all Respondents who have received the RFT document from the
Corporation.
Inquiries must be received no later than three (3) business days prior to the closing date of the RFT; otherwise, a response may not be provided.
2.11 Tender Evaluation
All submissions must be in compliance with the requirements of the RFT process in
order to be considered.
2.12 Insurance Requirements a) Commercial General Liability
The successful Respondent(s) shall, at his/her expense, obtain and keep in force
during the term of this Agreement, Commercial General Liability Insurance satisfactory to the Municipality, including the following and underwritten by an insurer licensed to conduct business in the Province of Ontario:
i) A limit of liability of not less than $2,000,000/occurrence.
ii) The Municipality shall be named as an additional insured; iii) The policy shall contain a provision for cross liability in respect of the named insured;
iv) Non-owned automobile coverage with a limit of at least $2,000,000 including contractual non-owned coverage; v) Products and completed operation coverage (Broad Form) with an aggregate limit not less than $2,000,000.
vi) That 30 days prior notice of an alteration, cancellation or material change in policy terms which reduces coverage shall be given in writing to the Municipality; b) Proof of Insurance
The successful Respondent(s) shall provide, together with its Executed agreement, a certificate(s) of insurance of certified copy(s) of the above-referred to policies, satisfactory to the Municipality, together with proof of renewal at least ten (10) days prior to expiry. Provided that if a certificate is provided, all requirements as above set forth must be shown on the said certificate and notwithstanding the provision of
any certificate, the Municipality may require that the Respondent(s) provide a
certified copy of the policy.
2.13 Workplace Safety & Insurance Board
The Tenderer shall provide the Municipality a valid WSIB Clearance Certificate.
The successful Bidder, will be expected to comply with the health and safety
policies as approved by Council as well as all applicable legislation set out in the
current Occupational Health and Safety Act. Proof of training specific to ladder
safety and working at heights certification must be provided with the form of
tender if applicable.
All applicable current health and safety legislation and environmental legislation and regulations are considered the minimum requirements that the Contractor must meet. The Contractor must ensure that all of their employees and sub-contractors have safety training and certifications equal to, or exceeding, the requirements set forth in the current Occupational Health and Safety Act and current regulations.
Health and Safety issues will always be given immediate attention by the Municipality and its representatives, and the Contractors and its sub-contractors. All employees, contractors/sub-contractors, suppliers and visitors/residents must immediately report unsafe conditions, incidents, and accidents to the Project/Site
Supervisor/ Inspector. The Municipality takes pride in the commitment of our employees and contractors, and will take the necessary steps to ensure Health & Safety on all projects.
2.14 Laws, Notices, Permits & Fees
The successful Respondent(s) shall obtain the necessary permits, licenses and pay
the required fees, as they pertain to this assignment, which are in force at the date of the Tender Closing. The building permit is the responsibility of the owner.
The successful Respondent(s) shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders of the authorities having
jurisdiction which are, or become, in force during the period for which services are
performed in accordance with the schedule of work.
2.15 Extra Work
No work shall be regarded as extra work, unless it is ordered in writing by the Corporation and with the agreed price for the same specified in said order, provided said price is not otherwise determined by the Tender. A statement of the cost of extra
work shall be made within thirty (30) calendar days after the completion of the said
extra work.
2.16 Cancellation
a) The Corporation reserves the right to immediately terminate the Contract for sufficient cause, including but not limited to such items as non-performance, late deliveries, inferior quality, pricing problems, etc.
b) If the successful Respondent(s) should neglect to execute the work properly, or fail to perform any provision of this Award, the Corporation, after three (3) business days written notice to the successful Respondent(s), may, without prejudice to any other remedy in existence, make good such deficiencies and may deduct the cost thereof from any payment then and thereafter due to the
successful Respondent(s). Continued failure of the successful Respondent(s) to
execute the work properly shall result in a termination of Contract. The Corporation shall provide written notice of termination.
c) The Corporation may elect to terminate the Contract if the original terms and conditions are significantly changed, giving thirty (30) calendar day’s written notice
to the successful Respondent(s).
d) Either party may terminate the Contract by giving the other party sixty (60) calendar day’s written notice, giving reasons acceptable to the other. A period of less than sixty (60) calendar days to terminate the contract may be negotiable if
mutually agreeable among the parties involved in the Contract.
e) Failure to maintain the required documentation during the term of this contract may result in suspension of the work activities and/or cancellation of the contract.
2.17 Consultants
Any consultant involved in developing the specifications intended to be used with the Tender process cannot be involved in the creation of the response to those
specifications.
2.18 Conflict of Interest
This Tender is made by the Respondent without any connection, knowledge, comparison of figures or arrangement with any other person or persons making a Tender for the same work, and is in all respects fair and without collusion or fraud.
2.19 Length of Contract Term of Contract to be May 1, 2024 - December 31, 2026 with two mutual one (1) year renewal options.
2.20 Contract Award Without limiting all other rights that may be exercised by the Corporation pursuant to this Document, vendors are advised that the Corporation reserves the right to fully
evaluate Vendor Submissions, which evaluation may include, without limitation, a review of references, past performance history, completion history (including extended completion dates), litigation history (including construction liens filed by subcontractors for non -payment) and claims history of the vendors, and to reject a Vendor Submission if same is not satisfactory to the Corporation.
SECTION B - INFORMATION FOR TENDERERS
1 PREPARATION OF SPECIFICATIONS AND SUPERVISION OF WORK a) The specifications for the Work have been prepared by the Municipality of Bayham Public works Department, who will monitor work to be done under this Contract. Periodic inspection will be provided on the Contract by Municipality of
Bayham staff, who will also administer the contract works.
b) Questions with respect to this RFT are to be directed in writing to Steve Adams,
Manager of Public Works: sadams@bayham.on.ca c) Should a Tenderer find discrepancies, omissions, or ambiguities, or not agree that the materials and methods specified or designed, will provide an installation which meets the requirements of the intended Work, he/she shall notify the Municipality prior to the Tender opening date. The Municipality may choose to
issue a written addendum. Addenda issued during the tendering period will be
allowed for by the Tenderer in submitting his Tender. 2 LOCATION OF WORK a) Various locations – Municipality of Bayham
3 SCOPE OF WORK a) Work under this contract shall include the supply and application of pavement paint including reflective material, traffic protection and all labour and material to carry out the pavement marking including directional
pavement arrows, parking stalls, pedestrian and school crosswalks, hazard and delineation markings and stop blocks. This contract shall exclude centre line marking, both solid and broken. b) Bidders shall, after examining the scope and specifications, familiarize themselves with all the existing conditions and limitations and make due
allowance in their tenders for any such conditions and limitations as they
affect the proper carrying out of their work. c) The bidder shall not claim at any time after tender submission that there was any misunderstanding of the terms and conditions of the contract relating to the site conditions.
d) All work shall be performed in such a manner that widths are properly maintained. Lines applied free hand shall be straight and uniform. All Stop
Bar Markings shall be applied and terminated in a uniform manner. Broken or
dashed lines shall be applied in a manner consistent with existing lines where applicable and shall not be applied so as to alternate with previously applied lines. In the event that previous markings were applied in an incorrect or inappropriate location or fashion, correction shall be made using proper
premarking techniques after consultation with the Manager of Public Works
or Road Operations Supervisor.
e) The Contractor shall, at all times, carry on the work in such a manner, as not to interfere with traffic any more than is necessary for the faithful execution of the Contract, and shall not obstruct any thoroughfare except by permission of the Director of Operations.
f) All personnel shall be required to wear safety vests with retro-reflective
material attached at all times. g) The unit used to perform this portion of the contract shall meet or exceed the following specifications: i. Be capable of producing top quality marking with true edges free from
waviness or variations from 76 mm to 150 mm wide.
ii. Be capable of simultaneous application of "drop-on" reflective glass beads (hand gun excluded). h) The Contractor shall be responsible for the immediate cleaning up of the road allowance of all dirt, debris, excess paint and beads, empty bead bags and any other rubbish generated from their operation. In the event that the
Contractor is required to clean or repair equipment which may involve the
expulsion of paint not used for line painting the Contractor shall collect this paint in a plastic containing device and dispose of the paint in a proper manner. At no time is this paint to be disposed of in a catch basin, sewer or buried at the side of the roadway.
i) Pavement markings shall be in accordance to the Ontario Manual of Uniform
Traffic Control Devices.
j) The Contractor shall be responsible for the any stencil used to paint the pavement markings in accordance with the Ontario Manual of Uniform Traffic Control Devices. k) The Contractor shall ensure that each pavement marking is uniformly covered with reflective glass beads so that it shows the same colour and shape at night as it does during the day. Any pavement markings improperly
reflectorized shall be repainted at the Contractors expense. 4 MATERIALS
a) The paint to be supplied and applied under this contract shall be the
following paints:
i. M.T.O. Approved Traffic Paints
ii. IBIS Products Ltd. (or demonstrated equivalent with approval of the Road Operations Supervisor)
iii. White. Serial Number: 40-4600 (Organic Solvent) iv. White Lines: 44-4247 (Waterborne) v. Yellow. Serial Number: 40-4761 (Organic Solvent) vi. Yellow Lines: 44-4339 (Waterborne)
5 METHOD OF APPLICATION AND CONTROL
a) All areas to be painted shall be cleaned of all sand, mud, stones and debris
as directed by the Road Operations Supervisor.
b) No painting will be allowed until the road surfaces are completely dry and
approval is received from the manager of Public Works or Road Operations
Supervisor. c) The Contractor is hereby advised that it will be his sole responsibility to safeguard the work from vehicular traffic until dry, by whatever means he deems necessary, and further, if wet-painted areas are marred or driven upon by traffic, it will be the Contractor's responsibility to repair the same to
the satisfaction of the Manager of Public Works or Road Operations
Supervisor. d) Paint to be supplied under the Contract shall be the paints specified. The paint shall be applied at a 16-18 ml. wet paint thickness. The following line widths and spacing shall be used:
i. Stop Lines - 60 cm width. ii. Crosswalk Lines - 15 cm width. iii. School crosswalk lines - 30 cm width. iv. Hazard and delineation lines - 12 cm width on side lines 30 cm on diagonals 24 c.c. e) Reflective Material: Material to be Ministry of Transportation and Communications approved glass drop beads evenly applied at the rate of 0.5 kg to 0.6 kg. per litres of paint on all lines. f) Paint thinners may only be applied to the paint with the consent of the Road Operations Supervisor. g) The Contractor at his own expense shall remove any tracking of fresh paint. h) The following colours shall be used for painting: i. Parking Stalls – White or Yellow (as determined by the Road Operations Supervisor) ii. Stop Bar Markings at Intersections - White iii. Street Crossing Markings - White
i) The Manager of Public Works, at his sole discretion shall direct the
Contractor in works to be completed each year. No quantity of work, if any, is guaranteed each year.
SECTION C - FORM OF TENDER
Submission of Tender Documents Please ensure your Tender submission includes the following documents:
Cover Sheet
Form of Tender
Schedule of Price Forms
Bidder Information
WSIB Clearance Certificate
Health & Safety Responsibilities
SECTION C – FORM OF TENDER
FOR THE PROVISION OF PAVEMENT MARKINGS
AS SUPPLIED BY:________________________________________________________________________
FIRM NAME
________________________________________________________________________ ADDRESS POSTAL CODE HEREIN AFTER CALLED THE BIDDER
TO: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 56169 Heritage Line
Straffordville , ON N0J 1Y0
HEREIN AFTER CALLED THE CORPORATION
THE RESPONDENT DECLARES
1. No person(s), firm or corporation, other than the Respondent, has any personal interest in this Tender or in the award for which this Tender is made.
2. No member of Council, officer or employee of the Corporation is or will become interested directly or indirectly as a contracting party, partner, shareholder, and surety or in any portion of the profits thereof, or in any of the monies to be
derived, there from.
3. This Tender is made without any connection, comparison of figures, or arrangements with, or knowledge of any other corporation, firm or person making a Tender for the same and is in all respects without collusion or fraud.
4. By signing this submission, I confirm I have read and understood the content and requirements of this Tender document.
LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED
ACKNOWLEDGEMENT TO RECEIPT OF ADDENDA
This will acknowledge receipt of the following addenda and, that the pricing quoted includes the
provision set out in such addenda.
ADDENDUM # DATE RECEIVED
# _________ ___________________
# _________ ___________________
□ Check here if NO Addenda received DATED AT ________________ THIS __________ DAY OF ____________________2018
___________________________________ ___________________________________ SIGNATURE OF WITNESS SIGNATURE OF RESPONDENT By my signature, I hereby confirm I am a principal, or have been duly authorized by the principal/board, to sign on behalf of the above named.
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION
RESPONDENT INFORMATION FORM
Bidders must complete this form and name one person to be the contact for the RFT response and for any clarifications or amendments that might be necessary.
1.
Full Legal Name of Respondent:
2. Any Other Relevant Name Under Which the Respondent Carries on Business:
3. Street Address:
4. City, Province/State:
5. Postal/Zip Code
6. Office Toll Free Number ( if any):
7.
Office Phone Number:
8.
Office Fax Number:
9.
Company Website (if any):
10. WSIB Clearance Number (if applicable):
11. HST Account Number:
12.
RFT Contact Person’s Name and Title:
13.
RFT Contact Person’s Office Phone Number:
14. RFT Contact Person’s Cell Phone Number:
15.
RFT Contact Person’s Fax Number:
16. RFT Contact Person’s E-mail:
RESPONDENT’S NAME & TITLE SIGNATURE DATE
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION
SCHEDULE OF UNIT PRICES
Municipality of Bayham– Various locations
Cost/litre - Yellow $
Cost/litre - White $
All prices exclude HST
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION
CONFIRMATION OF FAVOURABLE HEALTH AND SAFETY PRACTICE FORM The Contractor(s):________________________________________________________ The Municipality of Bayham is committed to: i. The prevention of workplace injury and illness to all workers at Municipal locations.
ii. The belief that contractor safety is compatible with the safety policy of the Municipality and is good business.
iii. Assuming a leadership role by citing contractors for any violations of the contract.
iv. To ensure the Municipal workplace is a healthy and safe working environment, contractors,
constructors and subcontractors must have knowledge of and operate in compliance with the
Occupational Health and Safety Act and any other legislation pertaining to employee health
and safety.
v. For long term contracts, or contracts involving pre-selected contractors, the Township reserves the right to cancel (or place on probation) the contract of any contractor who is charged and/or convicted of offences under the Occupational Health and Safety Act while
carrying out any part of a project with the Municipality.
Contractor’s Statement of Responsibility:
As a contractor retained to perform work for the Municipality of Bayham, I/we accept the following
health and safety responsibilities:
i. I/we will comply with all procedures and requirements of the Occupational Health and
Safety Act, Municipal safety policies and procedures, department and site specific policies
and procedures and all applicable legislation or regulations. ii. I/we will work safely with skill and care so as to prevent accidental injury to ourselves,
fellow employees and all other persons on the site of work.
iii. For contracts or sub-contracts that involve commercial motor vehicles as defined by the Highway Traffic Act, I/we acknowledge possession of a current Carrier CVOR abstract with
one of the following safety ratings: Excellent; Satisfactory; Conditional, or Satisfactory-
Unaudited.
iv. I/we will advise the Municipality if the CVOR safety rating of our firm is changed to
''Unsatisfactory" at any time during the course of the contract and, upon request, will provide
the Municipality with a copy of the most recent Carrier CVOR abstract indicating the
sanctions imposed by the Ministry of Transportation.
Contractor Name of Person Signing for Contractor
Signature of Contractor Date
PLEASE RETURN THIS FORM WITH YOUR SUBMISSION TENDER EXECUTION We agree that: 1) This Tender will be irrevocable until the expiry of the acceptance period stipulated in the Terms and Conditions and that failure to leave the Tender so open shall result in forfeiture of the Tender
Deposit as liquidated damages: and 2) Notification of acceptance of the Tender shall be in writing, and may be sent by prepaid post; and if sent by prepaid post, acceptance shall be deemed to have been made on the date of mailing of such notification; and
3) The Contract Work shall be performed in accordance with the terms and the requirements of the Contract Documents and 4) We and/or our subcontractors will carry out any additional or extra Work (including the supply of
any additional materials or equipment pertaining thereto) or will delete any Work as may be required by the Municipality in accordance with this Contract. We declare that:
This Tender is made without any connection, comparison of figures or arrangements with, or knowledge of, any other corporation, firm or person making a Tender for the same Work and in all respects fair and without collusion of fraud; and
No member of the Municipal Council, and no officer or employee of the Municipality is or
will become interested directly or indirectly as a contracting party, partner, shareholder, surety or otherwise in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived there from.
Dated at this day of 2024 _________________________________________________________________
Name of Witness NAME OF TENDERER
_________________________________________________________________ Signature of Witness AUTHORIZING SIGNATURE OF TENDERER
___________________________ TITLE (Affix Corporate Seal)
SECTION D GENERAL AND ITEM SPECIAL PROVISIONS
- INDEX – SP1 General ...............................................................................................……………. pg 23 SP2 Safety ......................................................................................................…………. pg 23 SP3 Incidental Items........................................................................................….……….. pg 23
SECTION D - GENERAL AND ITEM SPECIAL PROVISIONS
SP1 GENERAL a) All work is for the supply of all labour, equipment and materials required to complete the works as set out herein.
SP2 SAFETY
a) The Contractor will be responsible to take all necessary steps to protect personnel (workers, visitors, general public, etc.) and property, from any harm during the course of
the Contract. All work procedures and equipment shall be in accordance with the
Contractor's and legislated standards. b) Only competent personnel will be permitted on-site. The inspector will determine who is competent, and will cause to remove from the site any persons not observing or complying with safety requirements. The Contractor shall supply competent personnel to implement their safety program and ensure that the Contractor's standards, and those of the
Occupational Health and Safety Act, are being complied with.
c) The Municipality of Bayham will monitor daily to ensure that safety requirements are met. Continued disregard for safety standards can cause the Contract to be cancelled and the Contractor removed from the work site. d) The Contractor shall report to the jurisdictional authorities, any accident or incident involving Contractor, Municipality or public personnel and/or property, arising from the Contractor's execution of the work.
e) The Contractor shall include all provisions of this Contract and any agreement with subcontractors, and hold all subcontractors equally responsible for safe work performance.
f) If the Contractor is responsible for delay in the progress of the work due to an infraction of
legislated or Contractor Health and Safety requirements, the Contractor will, without
additional cost to the Municipality, work such overtime not to delay in the final completion of the work or any operations thereof. SP3 INCIDENTAL ITEMS a) The following is a partial list of items, the cost of which is to be included in the unit prices of the tender items. No additional payment will be made for the following: . Cost of inflated insurance . Cost of permits and fees
ZBA-05/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: CHR FARMS LTD.
LOCATION: 56573 CALTON LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-05/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 4th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the PLANNING ACT. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel
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 Severed Lot is to be rezoned from the ‘Site-Specific Agricultural (A1-A-34)’ Zone to a ‘Site-Specific Rural Residential (RR-XX)’ Zone to permit a Rear Yard Depth of 3.8 metres from the existing garage to remain. The proposed Retained Lot is to be rezoned from
the ‘A1-A-34’ Zone to a ‘Site-Specific Special Agricultural (A2-XX)’ Zone to prohibit new dwellings, recognize and permit a maximum of three (3) supplementary farm dwellings in portions of the two (2) existing buildings to accommodate seasonal farm labourers, permit a minimum Side Yard Depth of 7.2 metres from the existing barn
to remain, and prohibit any new supplementary farm dwellings. The subject lands are known as 56573 Calton Line, south side of Calton Line, and east 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 with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E8-24 that was Conditionally Approved on February 28th, 2024.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments are to be submitted on or before 12:00 Noon on Wednesday, March 27, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written
submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the
Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham
this 15th day of March 2024. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-11/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: JACOB AND KATHARINA PETERS
LOCATION: 9704 PLANK ROAD, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-11/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 4th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the PLANNING ACT. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Village Residential (R1)’
Zone to a ‘Site-Specific Village Residential (R1-XX)’ Zone in order to permit a proposed accessory structure (detached garage) on the subject property with a Maximum Height of 5.2 m (17.1 ft), whereas 4.5 metres is required, and a Maximum Floor Area of 149.0 m2 (1,603.8 ft2), whereas 75.0 m2 (484.4 ft2) is required. The
subject property is known as 9704 Plank Road, east side, and north of Heritage Line.
THE EFFECT of this By-law will be to permit a new accessory structure (detached garage) on the subject property with a Maximum Height of 5.2 m (17.1 ft) and Maximum Floor Area of 149.0 m2 (1,603.8 ft2) by way
of Site-Specific Exceptions to the current R1 Zone.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments are to be submitted on or before 12:00 Noon on Wednesday, March 27, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to
the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 15th day of March 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Straffordville
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: April 4, 2024
REPORT: DR-06/24 SUBJECT: 2024 1st QUARTER DRAINAGE REPORT
BACKGROUND:
This Report is to inform Council of Q1 2024 current ongoing and completed to-date drainage
activities to date. DISCUSSION: Drainage works regarding Q1 2024 new drains and drain maintenance are outlined below: New Drains: Drain Name Status
Hampton Drain Final grading has been completed and signed off. Assessments for the construction of the drain will be going out on the August tax date.
Peters Drain Extension Engineer submitted report filed with Municipality on December 21, 2023 Public meeting to consider the Report February 1, 2024 Court of Revision held March 7, 2024 Construction in Spring of 2024
New Drain - OBAR Extension to Branch C of the Eden Drain. Public meeting to consider the report was held on March 7, 2024 Court of revision to be held on April 4, 2024
New Drain - VanQuaethum Extension Plank Road. Site meeting has been completed on Aug. 15, 2023 Engineer working on report
Vienna Ridge Subdivision Petition Submitted - December 20, 2023
Engineer has been assigned on January 18, 2024 John Nezezon has signed the petition on
March 6, 2024. This is for potential development off of Chapel Street. Site meeting was held on February 14, 2024
Engineer has been assigned to prepare report
11:28 Properties Inc. Petition Submitted and filed on Oct. 23, 2023 Council passed consideration of Petition on November 2, 2023 Engineer has been assigned to prepare
report Alex Visscher on February 26, 2024 has signed the petition in regards to work being
completed on the West side of Plank Road.
Frank Wall Petition submitted on October 4, 2023 Council considered and passed Petition on October 19, 2023.
On-site meeting was held on November 14, 2023. Engineer has been assigned to prepare the
report. Drain Maintenance:
Drain Name Status Nevill Drain New sinkhole to repair. Contractor has been notified. Sinkhole was repaired on March 6,2023
Nevill Drain Brushing Staff inspected the municipal drain in late 2023 and found open ditch has never been cleaned out and brushed Staff obtained quotes for the project and brushing and bottom cleanout of 1100m of open ditch would be estimated at $26,000 Staff will be sending notice of maintenance week of March 25, 2024 to complete this year.
Ramsey Drain
Ditch has been cleaned out Waiting on contractor to complete final grading
Benner Drain Main Drain Sink hole reported Dec. 21, 2023 contractor has been notified.
Sinkhole was repaired on March 6, 2024
Bartley Drain Complaint about build-up of brush. -nspection of drain completed on Dec. 18, 2023 and drain has not been brushed in over
25 years. Staff are preparing documents to have drain brushed and bottom clean out.
Staff obtain estimate of $23,000 to complete 1300m of open ditch brushing and bottom clean out.
Firehall Drain Complaint came in on drain backing up December and January. On-site during storm seem to be draining good just cannot handle water. Contractor has been notified to complete snake and inspection. Staff has snaked and inspected drain. No
blockage found just uneven pipe installation causing water to slowly drain in areas behind the baseball diamond.
Corinth Drain-Henry St. Branch Complaints during large rain events drain backing up. Waiting on contractor to snake and investigate. Staff and contractor investigated this and
found 8 sinkholes throughout the branches of the drain. Contractor repaired all sinkholes on February
22, 2024. Staff believe the outlet main drain is undersized for all the branches.
Deli Drain Large 1500mm culvert on Coyle Road failing at laneway. Staff received the quote for the culvert $19,500 to complete the works
Staff preparing to send notice of maintenance to all landowners assessed. Arns Drain Road crossing not handling large rain events contractor has been notified to snake and inspect. Staff inspected drain and came across to large sinkholes. Contractor repair holes week of February 5, along with snake and camera parts of drain. Contractor identified large parts of drain failing Waiting on contractor to complete East side of Plank sinkholes and investigate the water
not moving properly through the pipe.
Emerson Drain Concern came in on January 20, 2024 of the drain not draining properly Staff had this investigated and drain cleared on February 6,2024
Reiser-Csinos Drain Concern came in following a late January storm of the ditch line backed up and field not
draining properly After investigation pipe was cleared and drain working correctly on February 6, 2024
Smith Drain Complaint file of large sinkhole around basin March 1, 2024 Contractor has been notified waiting on dry weather STRATEGIC PLAN Not applicable. RECOMMENDATION 1. THAT Report DR-06/24 re 2024 1st Quarter Drainage Report be received for information.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 4, 2024
REPORT: DS-18/24 FILE NO. C-07 / D13.UNGE
Roll # 3401-000-008-06310 SUBJECT: Rezoning Application ZBA-06/24 Unger, J & E
53579 Calton Line, Calton
Draft Zoning By-law No. Z774-2024 BACKGROUND
Appointed Agent Jake Klassen has submitted a rezoning application on behalf of Jacob and
Elizabeth Unger to rezone their property at 53579 Calton Line, south side and east of Richmond
Road in the hamlet of Calton. The property is designated as “Hamlets” on Schedule ‘A1’ Land
Use in the Official Plan and zoned Hamlet Residential (HR) Schedule ‘G’ in Zoning By-law No.
Z456-2003. The purpose of this Site-Specific By-law Amendment is to recognize and permit a Maximum Accessory Building Height of 4.9 m (16.0 ft) and Maximum Floor Area of 293.0 m2 (3,153.8 ft2) for the existing accessory buildings/structures, including a greenhouse, garage, and shed, that exceed the requirements in Section 9.5.1 and 9.7 of the Zoning By-law. The proposed Site-Specific By-law Amendment pertains to Consent Application E50-23 for a new residential lot that was Conditionally Approved by the Elgin County Land Division Committee on August 23, 2023. The proposed Site-Specific ‘Hamlet Residential (HR-14)’ Zone would only apply to the proposed retained lot, not the severed lot.
The effect of this By-law will be to recognize and permit a Maximum Floor Area of 293.0 m2
(3,153.8 ft2), whereas 75.0 m2 (807.3 ft2) is permitted, and a Maximum Accessory Building Height of 4.9 m (16.0 ft.), whereas 4.5 m (14.7 ft.) is permitted, for the existing accessory
buildings/structures on the proposed retained lot by way of Site-Specific Exceptions to the HR Zone.
The public meeting was held on March 21, 2024 with no signed in attendees and no written public submissions.
Staff Report DS-18/24 Unger 2
DISCUSSION
Staff Report DS-44/23 regarding the Consent Application E50-23 along with the planner’s memorandum, dated July 5, 2023, was presented, considered and supported by Council on July 20, 2023 with a condition to rezone the retained parcel. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the retained parcel from Hamlet Residential (HR) to Site-specific Hamlet Residential (HR-14). STRATEGIC PLAN Not applicable. ATTACHMENTS:
1. Rezoning Application ZBA-06/24 Unger 2. Draft Zoning By-law No. Z774-2024 RECOMMENDATION THAT Report DS-18/24 regarding the Unger rezoning application ZBA-06/24 be received
for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held March 21, 2024 associated with this application, there were no attendees, no oral presentations and no written submissions 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 Lot 1 Concession 3, known municipally as a 53579 Calton Line, from Hamlet Residential (HR) to Site-Specific Hamlet Residential (HR-14) on the retained parcel as a condition of Consent E50-23 to permit the creation
of a new lot; AND THAT Zoning By-law No. Z774-2024 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. Z774-2024
UNGER
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 “G” (Calton) by changing the zoning symbol on a portion of the lands from Hamlet Residential (HR) Zone to a Site-Specific Hamlet Residential (HR-14) Zone, which lands are outlined in heavy solid lines and marked “HR-14” on Schedule “G” (Calton) 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 9.12 Exceptions – Hamlet Residential (HR) Zone by adding the following clauses:
9.12.14.1 Defined Area
HR-14 as shown on Schedule “G” (Calton) to this By-law.
9.12.14.2 Regulations for Accessory Buildings
Notwithstanding the regulation of subsection 9.5.1 of this By-law, the Maximum Accessory
Building Height for the existing accessory buildings erected prior to the date of the passing of this By-law shall be 4.9 metres.
Notwithstanding the regulation of subsection 9.7 of this By-law, the Maximum Floor Area for
the existing accessory buildings erected prior to the date of the passing of this By-law shall be 293.0 square metres.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 4TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF APRIL 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 4, 2024
REPORT: DS-19/24 FILE NO. C-07 / D13.UNDE
Roll # 3401-000-008-05100 SUBJECT: Rezoning Application ZBA-07/24 Gregory Underhill Farms Ltd.
54761 Vienna Line
Draft Zoning By-law No. Z775-2024 BACKGROUND
Appointed Agent David Roe has submitted a rezoning application on behalf of Gregory Underhill
Farms Ltd. to rezone their property at 54761 Vienna Line, south side, west of Brown Road and
East of Woodworth Road. The property is designated as “Agriculture” on Schedule ‘A1’ Land
Use in the Official Plan and zoned Agricultural (A1) in Schedule ‘A1’ Map No. 13 in Zoning By-
law No. Z456-2003. 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)’ Zone to ‘Rural Residential (RR)’ Zone. The proposed Retained Lot is to be rezoned from ‘A1’ 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 with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file
number E6-24. The public meeting was held on March 21, 2024 with no signed in attendees and no written
public submissions. DISCUSSION Staff Report DS-66/23 regarding the Consent Application E6-24 along with the planner’s memorandum, dated November 29, 2023, was presented, considered and supported by Council on December 7, 2023 with a condition to rezone both the severed and the retained parcel.
Staff Report DS-19/24 Gregory Underhill 2
Staff and planner concur the rezoning application meets the policies and recommend approval
to change the zoning on the severed parcel from Agricultural (A1) Zone to Rural Residential (RR) and the retained parcel from Agricultural (A1) Zone to Special Agriculture (A2) to prohibit new dwellings in accordance with the Official Plan policies regarding the severance of a surplus farm dwelling.
STRATEGIC PLAN Not applicable. ATTACHMENTS:
1. Rezoning Application ZBA-07/24 Gregory Underhill Farms Ltd. 2. Draft Zoning By-law No. Z775-2024 RECOMMENDATION THAT Report DS-19/24 regarding the Gregory Underhill Farms Ltd. rezoning application
ZBA-07/24 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our
Communities Act, 2015, it be pointed out that at the public participation meeting held March 21, 2024 associated with this application, there were no attendees, no oral presentations and no written submissions 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 Lot 19 Concession 2, known municipally as a 54761 Vienna Line, from Agricultural (A1) to Rural Residential (RR) on the severed lot and from Agricultural (A1) to Special Agriculture (A2) on the retained parcel as a condition of Consent E6-24 to permit the severance of a surplus farm dwelling; AND THAT Zoning By-law No. Z775-2024 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. Z775-2024
GREGORY UNDERHILL FARMS LTD.
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. 13 by changing the zoning symbol on a portion of the lands from Agricultural (A1) Zone to Rural Residential (RR) Zone, which lands are outlined in heavy
solid lines and marked “RR” on Schedule “A” Map No. 13 to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “A” Map No. 13 by changing the zoning symbol on a portion of the lands from Agricultural (A1) Zone to Special Agriculture (A2) Zone, which lands are outlined in heavy solid lines and marked “A2” on Schedule “A” Map No. 13 to this By-law, which
schedule is attached to and forms part of this By-law.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 4TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF APRIL 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 4, 2024
REPORT: DS-20/24
FILE NO. C-07 / D13.LANK
Roll # 3401-004-001-21400/008-1000 SUBJECT: Rezoning Application ZBA-08/24 Lankhuijzen Farms Ltd.
55106 Vienna Line
Draft Zoning By-law No. Z776-2024 BACKGROUND
Appointed Agent David Roe has submitted a rezoning application on behalf of Lankhuijzen
Farms Ltd. to rezone their property at 55106 Vienna Line, north side, east of Brown Road. The
subject lands are designated ‘Agriculture’ and ‘Natural Gas Reservoir’ and portions of “Natural
Heritage’ on Schedule ‘A1’ (Land Use) and ‘Hazard Lands’ and ‘Significant Woodlands’ and
there is an ‘Existing Petroleum Well’ identified on Schedule A2 Constraints in the Municipality of
Bayham Official Plan. The lands are zoned Agricultural (A1) and portions of ‘LPRCA Regulation
Limit’ on Schedule ‘A1’ Map No. 11 of the Municipality of Bayham Zoning By-law No. Z456-
2003.
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)’ Zone to a ‘Site-Specific Rural Residential (RR-50)’ Zone to permit the existing oversized accessory building of 285 m2 and the prohibition of the keeping of livestock. The proposed retained lot would be rezoned from the A1 Zone to a Site-Specific Special Agricultural (A2-20) Zone to prohibit new dwellings and recognize the existing supplementary farm dwelling. 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 with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E4-23. The public meeting was held on March 21, 2024 with no signed in attendees and no written
public submissions.
Staff Report DS-20/24 Lankhuijzen Farms 2
DISCUSSION Staff Report DS-65/23 regarding the Consent Application E4-24 along with the planner’s memorandum, dated November 29, 2023, was presented, considered and supported by Council on December 7, 2023 with conditions to rezone both the severed and the retained parcel. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the severed parcel from Agricultural (A1) Zone to Site-specific Rural Residential (RR-50) and the retained parcel from Agricultural (A1) Zone to Site-specific Special Agriculture (A2-20) to prohibit new dwellings and recognize an existing supplementary farm dwelling in the form of one (1) permanent building erected prior to the date of the passing of the this Zoning By-law to accommodate seasonal farm labourers, all in accordance with the Official Plan policies regarding the severance of a surplus farm dwelling. STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. Rezoning Application ZBA-08/24 Lankhuijzen Farms Ltd.
2. Draft Zoning By-law No. Z776-2024 RECOMMENDATION THAT Report DS-20/24 regarding the Lankhuijzen Farms Ltd. rezoning application ZBA-08/24 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our
Communities Act, 2015, it be pointed out that at the public participation meeting held March 21, 2024 associated with this application, there were no attendees, no oral presentations and no written submissions 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 Lot 11 Concession 3, known municipally as
a 55106 Vienna Line, from Agricultural (A1) to Site-specific Rural Residential (RR-50) on the severed lot and from Agricultural (A1) to Special Agriculture (A2-20) on the retained parcel as a condition of Consent E4-24 to permit the severance of a surplus farm
dwelling; AND THAT Zoning By-law No. Z776-2024 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. Z776-2024
LANKHUIJZEN FARMS LTD.
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. 11 by changing the zoning symbol on a portion of the lands from Agricultural (A1) Zone to a Site-Specific Rural Residential (RR-50) Zone, which lands are outlined in heavy
solid lines and marked “RR-50” on Schedule “A” Map No. 11 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:
7.13.50.1 Defined Area
RR-50 as shown on Schedule “A”, Map No. 11 to this By-law.
7.13.50.2 Regulations for Accessory Buildings
Notwithstanding the regulation of subsection 7.11.1 of this By-law, the keeping of livestock shall be prohibited.
Notwithstanding the regulation of subsection 7.11.3 of this By-law, the Maximum Floor Area for the existing accessory building erected prior to the date of the passing of this By-law shall be 285.0 square metres.
3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 11 by changing the zoning symbol on a portion of the lands from Agricultural (A1) Zone to a Site-Specific Special Agriculture (A2-20) Zone, which lands are outlined in heavy solid lines and marked “A2-20” on Schedule “A” Map No. 11 to this By-law, which schedule is attached to and forms part of this By-law.
4) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 6.12 Exceptions – Special Agricultural (A2) Zone by adding the following clauses:
6.12.20.1 Defined Area
A2-20 as shown on Schedule “A”, Map No. 11 to this By-law.
6.12.20.2 Additional Permitted Uses
An existing supplementary farm dwelling in the form of one (1) permanent building
erected prior to the date of the passing of this By-law to accommodate seasonal farm labourers, in addition to all other permitted uses in the A2 Zone.
5) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 4TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF APRIL 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: April 4, 2024
REPORT: DS-21/24 FILE NO. C-07 / D13.1985763
Roll # 3401-000-004-09030 SUBJECT: Plan of Subdivision 34T-BY2101 Sandytown Subdivision -
Rezoning Application ZBA-10/24 1985763 Ontario Inc.
Zoning By-law No. Z777-2024 BACKGROUND
Appointed Agent Peter Penner, Cyril J. Demeyere Limited, has submitted a rezoning application on behalf of 1985763 Ontario Inc. (Frank Wall) to rezone a property subject to a Plan of Subdivision 34T-BY2101 located at 8341 Sandytown Road, Straffordville. The subject lands are designated ‘Residential’ in the Municipality of Bayham Official Plan and are zoned Holding Village Residential 1 (R1(h2)) in the Municipality of Bayham Zoning By-law No. Z456-2003. The purpose and effect of the Plan of Subdivision is to divide the subject parcel of land into:
thirty-nine (39) single detached residential lots, to be developed in two phases (Phase One 13 lots; Phase Two 26 lots); one storm water management block; one sanitary pumping station block; and one road widening block. The proposed lots/blocks will be accessed by two new local
streets with access to Sandytown Rd and Stewart Road. he residential lots will be serviced by municipal sanitary sewage disposal system, including a proposed sanitary sewer pumping station, and private on-site water services (wells).
The purpose and effect of the proposed Zoning By-law Amendment is to remove the Holding Provision (h2) by way of an active Subdivision Agreement between the applicant and the
Municipality. A public meeting was held November 18, 2021 jointly with the Draft Plan of Subdivision.
DISCUSSION The application provides for the rezoning of the lands as per a requirement of the Subdivision Agreement approved by By-law No. 2024-005, dated February 1, 2024.
Staff Report DS-21/24 1985763 Ontario Inc. 2
The purpose and intent of the Zoning By-law amendment for the removal of the Holding Provision was circulated in the previous Notice of Public Meeting for the Draft Plan of
Subdivision and Zoning By-law Amendment on October 28, 2021. A new Notice of Public Meeting and a Notice of Passing are not required. Only a By-law is prepared for this application. Further, no members of the public can appeal a Holding Provision. Only the applicant is able to appeal if Council refuses or does not make a decision within a specified time frame. By entering in to the Subdivision Agreement, the applicant has fulfilled the requirements to remove the holding provision. Staff and planner are supportive of the purpose and effect of the zoning amendment and recommend by-law approval. STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. Rezoning Application ZBA-10/24 1985763 Ontario Inc. 2. Draft Zoning By-law No. Z777-2024 RECOMMENDATION
THAT Report DS-21/24 regarding the 1985763 Ontario Inc. rezoning application 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 18, 2021
associated with this application, there were no written submissions and no oral presentation regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on the lands owned by 1985763 Ontario Inc. identified as Concession NTR Part of Lot 123, known as 8341 Sandytown Road and subject to Plan of Subdivision 34T-BY2101 from Holding Village Residential 1 (R1(h2)) to Village Residential 1 (R1) Zone; AND THAT Zoning By-law No. Z777-2024 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. Z777-2024
1985763 ONTARIO INC.
SANDYTOWN SUBDIVISION 34T-BY2101
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “F” (Straffordville) by changing the zoning symbol on the lands from ‘Holding Village Residential 1 (R1(h2))’ Zone to ‘Village Residential 1 (R1) Zone, which lands are outlined in heavy solid lines and marked “R1” on Schedule “F” (Straffordville) to this By-law, which schedule is attached to and forms part of this By-law.
2) THIS By-law shall come into force on the date of passing.
READ A FIRST TIME AND SECOND TIME THIS 4th DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4th DAY OF APRIL 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 4, 2024
REPORT: DS-22/24 FILE NO. C-07 / D08.23SCHEP
Roll # 3401-000-006-16800
SUBJECT: Ontario Land Tribunal Final Order Case No.: OLT-23-000770, Dated Dec. 21, 2023
OPA No. 32 and Draft Zoning By-law No. Z779-2024
Arie and Christina Schep, 14077 Bayham Drive
BACKGROUND
On April 20, 2023, Council considered Staff Report DS-25/23 regarding the Official Plan Amendment
Application OPA-03/23 with Draft OPA No. 32 and Zoning By-law Amendment Application ZBA-03/23
submitted by Arie and Christina Schep for property located at 14077 Bayham Drive to recognize an
existing electrical services business through a site-specific provision in the Official Plan and site-
specific zoning in the Zoning By-law.
At the same meeting, Council passed the following motion:
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Staff Report DS-25/23 regarding the Official Plan Amendment Application OPA-03/23
and Zoning By-law Amendment Application ZBA-03/23 submitted by Arie and Christina
Schep 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 April 6, 2023
associated with these applications, there were no public submissions and that all
considerations were taken into account in Council’s decision passing this resolution;
AND THAT Council considers the proposal to be small-scale in nature with a proposed use
that is considered to be on-farm diversified use in nature and the amendment to be
Staff Report DS-22/24 Schep 2
consistent with the Provincial Policy Statement 2020, and is in conformity to the Elgin County
Official Plan and the Municipality of Bayham Official Plan;
AND THAT By-law No. 2023-030, being an adopting By-law for Official Plan Amendment No.
32, for the purpose to permit an oversized home occupation workshop as a non-resource
based secondary use and an On-farm Diversified use for an electrical services business
contained on a portion of the subject lands and operating out of an existing building and
gravel yard specific to the subject lands, be presented for enactment;
AND THAT adopted Official Plan Amendment No. 32 be forwarded to the County of Elgin for
approval;
AND THAT the draft Zoning By-law be presented to Council for consideration after such time
as OPA No. 32 receives County of Elgin approval and the details of OPA No. 32 are finalized.
At their meeting held June 27, 2023, County Council refused Bayham OPA No. 32 despite a
recommendation of approval from County staff. A Notice of Decision, dated July 7, 2023, was
circulated, which did not contain reason or explanation for the refusal. The Appellant filed an appeal
to the County’s decision to the Ontario Land Tribunal (OLT).
The public hearing was scheduled for December 14, 2023, however, prior to the Hearing, the parties
settled the appeal. The OLT Final Order with a modified OPA No. 32 was issued and received by the
Municipality on December 21, 2023.
DISCUSSION
The OLT Final Order, dated December 21, 2023, is attached to receive for information. Staff are also requesting Council direction to add the approved Official Plan Amendment No. 32, as modified, to the Official Plan and to consider the related draft Zoning By-law No. Z779-2024.
In regards to the related zoning amendment, the purpose of this By-law Amendment is to implement the OLT Decision on Official Plan Amendment No. 32 by rezoning a portion of the subject property
from ‘Site-Specific Agricultural (A1-29)’ Zone to ‘Site-Specific Agricultural (A1-44)’ Zone to permit the existing Service Shop as an additional permitted use within an accessory building for a Maximum Floor Area of 520 square metres. The effect of this By-law will be to permit the existing electrical workshop business as a Service Shop use to operate within the accessory building for a Maximum Floor Area of 520 square metres on the subject lands, thus implementing Official Plan Amendment No. 32. A joint public meeting for the Official Plan Amendment and Zoning By-law Amendment was held April 6, 2023 with no public comments or presentations.
Staff and planner recommend the inclusion of OPA No. 32 in the Official Plan and the approval of draft Zoning By-law No. Z779-2024. STRATEGIC PLAN Not Applicable.
Staff Report DS-22/24 Schep 3
ATTACHMENTS 1. Ontario Land Tribunal Case No.: OLT-23-000770 Final Order – Arie & Christina Schep, dated December 21, 2023
2. Draft Zoning By-law No. Z779-2024 RECOMMENDATION
THAT Report DS-22/24 regarding the Ontario Land Tribunal Final Order re Official Plan
Amendment No. 32 and Draft Zoning By-law No. Z779-2024 Schep be received for information; AND THAT Council direct staff to add Official Plan Amendment No. 32, as modified, to the
Official Plan; AND THAT, in order to implement the Ontario Land Tribunal Decision on Official Plan Amendment No. 32, the zoning on a portion of the subject property located at 14077 Bayham Drive be changed from Site-Specific Agricultural (A1-29) Zone to Site-Specific Agricultural (A1-44) Zone to permit the existing Service Shop as an additional permitted use within an accessory building for a Maximum Floor Area of 520 square meters; AND THAT Zoning By-law No. Z779-2024 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. Z779-2024
SCHEP
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. 3 by changing the zoning symbol on a portion of the lands from ‘Site-Specific Agricultural (A1-29)’ Zone to ‘Site-Specific Agricultural (A1-44)’ Zone,
which lands are outlined in heavy solid lines and marked “A1-44” on Schedule “A”, Map No. 3 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 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.44.1 Defined Area
A1-44 as shown on Schedule “A”, Map No. 3 to this By-law.
5.12.44.2 Additional Permitted Uses
Existing Service Shop (building trades establishment) within an accessory building, in addition to all other permitted uses in the A1 Zone.
5.12.44.3 Maximum Floor Area
520 square metres for the existing Service Shop (building trades establishment)
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 4TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF APRIL 2024.
MAYOR CLERK
Z779-2024
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 4, 2024
REPORT: DS-23/24 FILE NO. C-07 / D09.24CLARKE
Roll # 3401-000-007-10000
Roll # 3401-000-007-10100 SUBJECT: Consent Applications E26-24, E27-24 and E28-24, Clarke, N and Sullivan, K
Concession STR Part Lot 3, W of Lot 2
53867 and 53869 Heritage Line, Hamlet of Richmond
BACKGROUND
Consent applications E26-24, E27-24, and E28-24 were received from the Elgin County Land Division Committee as submitted by Appointed Agent Zach Prince on behalf of Nathan Clarke, Kelly Sullivan, and Quinn Weber, proposing three (3) related applications for severance:
• E26-24 – Nathan Clarke and Kelly Sullivan, owners of 53885 Heritage Line, propose to sever for the purpose of a lot addition, a parcel of 991 m2 to add to 53885 Heritage Line.
• E27-24 – Quinn Weber, owner of 53867 Heritage Line, propose to sever for the purpose of a lot addition, a parcel of 249.7 m2 to be added to 53869 Heritage Line and to retain a parcel of 755.9 m2.
• E28-24 – Nathan Clarke and Kelly Sullivan, owners of 53869 Heritage Line, propose to sever for the purpose of the creation of a new building lot fronting on Church Street, a
parcel of 1,196.7 m2 and to retain a parcel of 904.8 m2 fronting on Heritage Line. The subject lands are designated “Hamlets” as per Schedule ‘A1’ Municipality of Bayham: Land Use in the Official Plan and zoned as Hamlet Residential (HR) as per Schedule ‘E’ – Richmond in the Zoning By-law No. Z456-2003.
Elgin County Land Division Committee will consider the applications on April 24, 2024.
Staff Report DS-23/24 Clarke Sullivan 2
DISCUSSION
The planner’s memorandum, dated March 27, 2024, analyzes the three applications subject to the Municipality of Bayham Official Plan and Zoning By-law. Staff suggest Council review the memorandum for the details and explanation of each proposal and how they relate to each other. Staff and planner recommend Council’s support of the applications with the listed conditions to permit the two lot additions and the creation of one building lot within the hamlet of Richmond. ATTACHMENTS 1. Consent Application E26-24 Clarke and Sullivan
2. Consent Application E27-24 Weber 3. Consent Application E28-24 Clarke and Sullivan 4. Arcadis Memorandum, dated March 27, 2024 RECOMMENDATION THAT Report DS-23/24 regarding Consent Applications E26-24 and E28-24 Clarke and Sullivan, and E27-24 Weber be received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E26-24, E27-24, and E28-24 be granted subject to the following conditions and considerations outlined for each: Consent E26-24 1. That the Owner obtains confirmation from Hydro One regarding the provision of hydro services, specifically whether maintenance easements are required over the existing hydro servicing traversing both Parcels B and D; 2. That the Owner provides an engineered grading, drainage, and storm water management plan for Parcel D and 53885 Heritage Line to demonstrate that the
consolidated lands will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham, and; 3. That the Applicant initiate and assume, if required, all engineering costs associated
with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not
cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 4. That the Owner provides a digital copy of a survey of the subject lands. 5. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham. Consent E27-24 1. That the Owner obtains approval of a Zoning By-law Amendment for the proposed Parcel E (Retained Lot) from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit a reduced Lot Frontage of 19.9 metres and a reduced Lot Area of 755.0 m2; 2. That the Owner provides confirmation with respect to the location of the existing municipal water service connection and private septic bed on Parcel E;
Staff Report DS-23/24 Clarke Sullivan 2
3. That the Owner provides written confirmation from a licensed septic installer demonstrating that the system on Parcel E is in satisfactory operating condition;
4. That the Owner provides written confirmation from a licensed septic installer demonstrating the reduced Lot Area for Parcel E provides sufficient space for a new system in the event the existing system requires future replacement; 5. That the Owner provides an engineered grading, drainage and storm water management plan for Parcel E to demonstrate that the lands will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham. 6. That the Applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not
cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 7. That the Owner provides a digital copy of a survey of the subject lands.
8. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham. Consent E28-24 1. That the Conditions of Approval are satisfied for Consent Application E27-24. 2. That the Owner obtains approval of a Minor Variance for the proposed Retained Lot (Parcel B) to permit a reduced Lot Area of 904.0 m2. 3. That the Owner removes and/or relocates the two (2) existing sheds; one (1) being located on Parcel A, and one (1) being located along the proposed property line between Parcels A and B; 4. That the Owner obtains confirmation from Hydro One regarding the provision of hydro services, specifically whether maintenance easements are required over the existing hydro servicing traversing both Parcels B and D; 5. That the Owner obtains approval from the Municipality of Bayham for road entrance permit (Church Street) for a new access to the proposed Severed Lot (Parcels A/C); 6. That the Owner obtains a permit from the Municipality of Bayham for the installation of a new municipal water service connection to the proposed Severed Lot (Parcels A/
C); 7. That the Owner obtains a municipal lot assessment and provides soil testing results for the proposed Severed Lot (Parcels A/C) in accordance with Provincial Standards
for a future septic system; 8. That the Owner provides written confirmation from a licensed septic installer demonstrating that the system on Parcel B is in satisfactory operating condition; 9. That the Owner provides written confirmation from a licensed septic installer demonstrating the reduced Lot Area for Parcel B provides sufficient space for a new system in the event the existing system requires future replacement; 10. That the Owner provides an engineered grading, drainage and storm water management plan for Parcels A/C and B to demonstrate that the Severed Lot (Parcels A/C) and the Retained Lot (Parcel B) will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham; 11. That the Applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Richmond Outlet Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be
paid in full to the Municipality prior to the condition being deemed fulfilled. If the
Staff Report DS-23/24 Clarke Sullivan 2
deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred;
12. That the Owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-in-lieu of Parkland; 13. That the Owner provides a digital copy of a survey of the subject lands; 14. That the Owner applies and pay’s all fees to the Municipality with respect to Civic Addressing/signage for the Severed Lot (Parcels A/C), and; 15. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham. 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 March 27, 2024
From Christian Tsimenidis, BES Project No 3404 - 934
cc William Pol, MCIP, RPP
Subject Nathan Clarke and Kelly Sullivan - 53885 Heritage Line, Richmond - Application for Consent E26-24
Quinn Weber - 53867 Heritage Line, Richmond - Application for Consent E27-24
Nathan Clarke and Kelly Sullivan - 53869 Heritage Line, Richmond - Application for Consent E28-24
Background and Summary
1. Arcadis has completed a review of three (3) Consent Applications submitted by Zach
Prince on behalf of the following owners and associated addresses located in the
Hamlet of Richmond:
E26-24 - Nathan Clarke and Kelly Sullivan, owners of 53885 Heritage Line.
E27-24 - Quinn Weber, owner of 53867 Heritage Line.
E28-24 - Nathan Clarke and Kelly Sullivan, owners of 53869 Heritage Line.
One (1) Memo has been prepared for all three (3) Consent Applications in order to
provide a comprehensive review of the proposal, as well as the “final parcel layouts”,
should the applications be Conditionally Approved by the LDC, and the Conditions
are satisfied by the applicants/owners with the statutory deadline.
2. The following table provides an overview of the proposed Consent Applications
pertaining to 53867, 53869, and 53885 Heritage Line (hereinafter referred to as the
“subject lands”), notably the proposed “final” Lot Frontages and Areas for each parcel:
Application # Parcel Lot Frontage Lot Area
E26-24 D (Lot Addition to 53885 Heritage Line) 43.1 m
(141.4 ft)
3,039.7 m2
(0.303 ha.)
E27-24 E (Retained Lot being 53867 Heritage Line) 19.9 m
(65.3 ft)
755.9 m2
(0.075 ha.)
C (Lot Addition to “Parcel A” Severed Lot) 28.8 m
(94.5 ft)
1,196.7 m2
(0.119 ha.)
E28-24
A (Severed Lot from 53869 Heritage Line)
B (Retained Lot being 53869 Heritage Line) 20.1 m
(65.9 ft)
904.8 m2
(0.090 ha.)
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
2
3. Based on the table provided above, the proposed Consent Application will ultimately
result in the creation of one (1) new vacant lot (Parcels A and C) for future residential
development. Two (2) Retained Lots are noted as 53867 Heritage Line and 53869
Heritage Line, to which the existing single-detached dwellings will remain on these
parcels. Two (2) Lot Additions are proposed, Parcel C being a Lot Addition to Parcel
A for the creation of a new lot, and Parcel D being a Lot Addition to the existing parcel
municipally addressed as 53885 Heritage Line to the east.
Subject Lands and Surrounding Area
4. The subject lands are designated as ‘Hamlets’ in Schedule ‘A1’ (Land Use) of the
Municipality of Bayham Official Plan. The subject lands are currently zoned ‘Hamlet
Residential (HR)’ in Schedule ‘E’ (Richmond) of Zoning By-law Z456-2003.
5. The following provides a detailed overview of the existing conditions for each existing
lot and how they relate to the proposed Consent Applications:
53867 Heritage Line
6. The western most parcel, municipally identified as 53867 Heritage Line, consists of
an existing single-detached dwelling and accessory shed to the rear of the dwelling.
An existing driveway access from Heritage Line is located on the eastern side of the
subject property. These buildings/structure and access will remain as they exist today
and will be located on the proposed Parcel E (Retained Lot) for Consent Application
E27-24. It is Arcadis’s understanding that no buildings and/or structures exist on the
proposed Parcel C (Lot Addition) to be severed from the subject property. The Lot
Addition consists of existing trees.
7. Municipal Staff were not provided information with respect to the location of the
existing public water service lateral and private septic system/bed on the subject
property in relation to the proposed property lines for Parcels E and C. As such,
Arcadis is including a Condition of Approval for Consent Application E27-24 stating
that the owner provide confirmation of the servicing location to ensure there are no
encroachments and a 3.0 metre setback is maintained between the proposed
property line and existing private septic bed. Arcadis is also including a Condition of
Approval requesting that the owner provide written confirmation from a licensed septic
installer demonstrating that the system is in satisfactory operating condition, as
required in the Consent Application Form. Further, Arcadis is including a Condition of
Approval requesting that the owner written confirmation from a licensed septic
installer demonstrating the reduced Lot Area for Parcel E provides sufficient space
for a new system in the event the existing system requires future replacement.
53869 Heritage Line
8. The middle parcel, municipally identified as 53869 Heritage Line, consists of an
existing single-detached dwelling, detached garage, and two (2) accessory sheds in
the rear yard. Two (2) existing driveway accesses from Heritage Line are located on
both the eastern and western limit of the subject property. The existing single-
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
3
detached dwelling and western access will remain as they exist today and will be
located on the proposed Parcel B (Retained Lot) for Consent Application E28-24. The
existing detached garage and eastern access with remain as it exists today and is
included within the proposed Parcel D (Lot Addition) boundaries to be merged with
53885 Heritage Line to the east. Existing trees are located on the subject property
and are within the proposed Parcel A (Severed Lot) property boundary.
9. As per the information provided by the applicant, the two (2) existing sheds on the
subject property will be removed and/or relocated, as they are currently located on
the proposed severed lot (Parcel A). As such, to ensure these existing sheds are
removed and do not encroach onto the new lot, Arcadis is including a Condition of
Approval requesting that the owner remove and/or relocate the two (2) existing sheds
from the proposed Parcel A property limits.
10. Further, as per the information provided by the applicant, the existing public water
service lateral and private septic bed/system is located entirely within the proposed
Retained Lot (Parcel B). The existing servicing on Parcel B will continue to be utilized
and service the proposed Retained Lot. Notwithstanding this, Arcadis is including a
Condition of Approval for Consent Application E28-24 requesting that the owner
provide written confirmation from a licensed septic installer demonstrating that the
system is in satisfactory operating condition, as required in the Consent Application
Form. Further, Arcadis is including a Condition of Approval requesting that the owner
written confirmation from a licensed septic installer demonstrating the reduced Lot
Area for Parcel B provides sufficient space for a new system in the event the existing
system requires future replacement.
11. With respect to the proposed new lot (Parcel A) to be severed from 53869 Heritage
Line, the installation of public water servicing and private septic services would be
required to service the future single-detached dwelling.
12. The subject property is traversed by existing overhead hydro lines and poles that
power the existing single-detached dwelling on 53869 Heritage Line. As per the
Severance Sketch submitted by the applicant, the existing overhead hydro lines
would traverse through the proposed Parcel B (53869 Heritage Line) and Parcel D
(Lot Addition to be merged with 53885 Heritage Line to the east). As such, Arcadis is
including a Condition of Approval as part of Consent Application E28-24 that the
owner obtain confirmation from Hydro One regarding the provision of hydro services,
specifically whether maintenance easements are required over the existing hydro
servicing on the Parcel B and D. It is Arcadis’s opinion that this will ensure no future
maintenance issues or disputes between landowners occurs if the necessary
easement are in place, subject to confirmation from Hydro One.
53885 Heritage Line
13. The eastern most parcel, municipally identified as 53885 Heritage Line, consists of
an existing single-detached dwelling, a pavilion, and two (2) existing sheds located in
the rear yard. An existing driveway access from Heritage Line is located on the
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
4
subject property. The existing single-detached dwelling, accessory structures, and
access will remain as they exist today on the subject property. As mentioned above
in Paragraph 8 of this Memo, the existing detached garage and eastern access
located on the adjacent property, 53869 Heritage Line, is included within Parcel D
(Lot Addition) to be merged with the 53885 Heritage Line as part of Consent
Application E26-24. Therefore, 53885 Heritage Line would have two (2) accesses
from Heritage Line.
14. As previously mentioned in Paragraph 12 of this Memo, 53869 and 53885 Heritage
Line are traversed by existing overhead hydro lines and poles that power the existing
single-detached dwelling on 53869 Heritage Line. As such, Arcadis is also including
a Condition of Approval as part of Consent Application E26-24 that the owner obtain
confirmation from Hydro One regarding the provision of hydro services, specifically
whether maintenance easements are required over the existing hydro servicing on
Parcel D to be merged with 53885 Heritage Line. It is Arcadis’s opinion that this will
ensure no future maintenance issues or disputes between landowners occurs if the
necessary easement are in place, subject to confirmation from Hydro One.
15. The subject lands are surrounded by existing low-rise residential uses, being located
into the Hamlet of Richmond. The subject lands are adjacent to lands zoned for Open
Space, being the Richmond Community Park adjacent to 53885 Heritage Line.
Further, Institutional zoned lands, identified as the Richmond United Church, are
located south of the subject lands. It is Arcadis’s opinion that the proposed Consent
Applications will maintain the low-rise residential nature of the existing surrounding
area and are compatible with the adjacent uses.
Municipality of Bayham Official Plan
16. Section 4.2.2.1 of the Municipality of Bayham Official Plan provides direction with
respect to ‘General Policies Applicable to all Settlement Areas’, specifically
residential uses. As such, this policy of the Official Plan encourages new residential
development within existing settlement areas, like the Hamlet of Richmond, by filling
in the vacant areas and locating new residential development adjacent to existing
built-up areas in a compact and contiguous fashion. Further, Section 4.2.4 of the
Official Plan provides further direction with respect to the ‘Intensification and
Redevelopment’ within settlement area boundaries on vacant or underutilized sites
in order to efficiently utilize designated settlement area land.
Comment: It is Arcadis’s opinion that the creation of one (1) new residential lot
within the Hamlet of Richmond to accommodate future residential development on
the proposed vacant Severed Lot (Parcels A and C) will make efficient use of
developable lands in a settlement area and is in conformity with the Official Plan
general residential policies.
17. As per Section 4.4.1.2 of the Official Plan, the ‘Hamlets’ designation permits a broad
range of uses, including residential dwellings, variety stores, public garages,
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
5
schools, churches and small scale commercial and industrial uses. Section 4.4.2.1
of the Official Plan further states that the principal land use function of ‘Hamlets’
shall be for clusters of non-farm residential development in the form of single
detached dwellings, and other low or medium density types of dwellings.
Comment: The existing single-detached dwellings to remain on 53867, 53869 and
53885 Heritage Line are permitted uses in the Official Plan and will continue to
maintain the low-rise residential nature of the Hamlet. Further, the creation of one
(1) new lot for the development of a future single-detached dwelling is in keeping
with the intent and purpose of the ‘Hamlet’ land use designation. Therefore, the
existing residential uses on the Retained Lots (Parcels B and E) and the proposed
residential use on the Severed Lot (Parcels A and C) are permitted and in
conformity with the above noted Official Plan policy.
18. Section 4.4.2.2 of the Official Plan regarding consents on Residential Lands in
Hamlets sets out the following criteria for a consent:
a) Consents shall be granted only in areas where the minor, or no extension of any
municipal service would be required. Any services required in a consent should
be satisfactory to the appropriate approval authority.
Comment: The Hamlet of Richmond is serviced by public water and private
septic. As mentioned previously, the single-detached dwellings on 53867, 53869
and 53885 Heritage Line would continue to utilize existing servicing.
Notwithstanding this, Municipal Staff were not provided information with respect
to the location of the existing public water service lateral and private septic
system/bed on 53867 Heritage Line (Parcel E). As such, Arcadis is including a
Condition of Approval for Consent Application E27-24, stating that the owner
provide confirmation of the existing servicing location and that the owner provide
written confirmation from a licensed septic installer demonstrating that the
system is in satisfactory operating condition.
Additionally, Arcadis is including a Condition of Approval for Consent Application
E28-24, pertaining to Parcel B on 53869 Heritage Line, requesting that the
owner provide written confirmation from a licensed septic installer demonstrating
that the system is in satisfactory operating condition. Further, Arcadis is
including a Condition of Approval for confirmation of sufficient space for a new
septic system in the event the current system is replaced in the future on the
reduced lot area of Parcel B.
The proposed Severed Lot would require new public water service connection
and private septic system, which is included as a Condition of Approval.
b) Consents should be granted only when the land fronts on an existing public
road, which is of a reasonable standard of construction.
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
6
Comment: All parcels will have frontage on a public road, being Heritage Line
and Church Street. The proposed Severed Lot will require an access permit
from the Municipality of Bayham, which is included as a Condition of Approval
for Consent Application E28-24.
c) Consents should have the effect of infilling in existing developed areas and not
of extending the Hamlet area unduly.
Comment: The proposed Consent Applications would accommodate existing
development (single-detached dwellings), as well as the creation of one (1) new
residential lot within the Hamlet of Richmond, thus not extending the Hamlet
area. The proposed residential lot will make efficient use of developable lands
within the existing Hamlet boundary.
d) The size of any parcel of land created by a consent should be appropriate for
the use proposed considering the public services available and the soil
conditions, and in no case should any parcel be created which does not conform
to the provisions of the Zoning By-law.
Comment: The proposed Severed Lot and Retained Lots provide adequate
area and frontage to accommodate low-density residential uses.
Notwithstanding this, Municipal Staff were not provided information with respect
to the location of the existing public water service lateral and private septic
system/bed on 53867 Heritage Line (Parcel E). As such, Arcadis is including a
Condition of Approval for Consent Application E27-24, stating that the owner
provide confirmation of the existing servicing location to ensure there is
adequate space and no encroachments over property lines.
Further, a Site-Specific Zoning By-law Amendment would be required for Parcel
E (Retained Lot) as a Condition of Approval for Consent Application E27-24,
given that there will be a Lot Area deficiency of 344.1 m2 and Lot Frontage
deficiency of 0.1 m. Please see Paragraph 22 of this Memo for further details.
Additionally, a Minor Variance Application would be required for the proposed
Retained Lot (Parcel B) as a Condition of Approval for Consent Application E28-
24, given that there will be a Lot Area deficiency of 195.2 m2. Please see
Paragraph 25 of this Memo for further details
e) Direct access from major roads should be restricted and residential lots should,
where possible, have access only from internal residential roads.
Comment: Heritage Line is identified as an Elgin County Road. The existing
accesses to, 53867, 53869, and 53885 Heritage Line will remain as they exist
today. Notwithstanding this, 53885 Heritage Line will have two (2) accesses
(both existing) as a result of the Lot Addition (Parcel D) from 53869 Heritage
Line. As such, Arcadis will defer comment to Elgin County with respect to the
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
7
existing driveway accesses along Heritage Line. The proposed Severed Lot will
have access to a Local Road, identified as Church Street and will require an
access permit from the Municipality of Bayham. This is noted as a Condition of
Approval for Consent Application E28-24.
f) Consents should not be granted for land adjacent to a road from which access is
to be obtained where a traffic hazard would be created because of limited sight
lines on curves or grades.
Comment: All existing accesses along Heritage Line will remain as they exist
today. Given that the accesses are existing, it is our opinion that adverse
impacts with respect to traffic safety and limited sight lines are not anticipated.
As mentioned previously, Arcadis will defer comment to Elgin County with
respect to the existing accesses along Heritage Line. Further, the proposed
Severed Lot will require an access permit from the Municipality of Bayham,
which is included as a Condition of Approval for Consent Application E28-24.
g) Consents should be granted only when the creation of the lot will not interfere
with subsequent access to interior lands.
Comment: The Consent Applications will not result in the creation of a lot that
will interfere with subsequent access to interior lands.
h) Consents for mortgage, estate, or other boundary adjustment purposes shall be
permitted provided that they adhere to principles of good planning, do not cause
land use conflicts and conform to the provisions of the Zoning By-law.
Comment: Not applicable.
Based on the above, the proposed Consent Applications are in conformity with the
criteria listed in Section 4.4.2.2 of the Official Plan, subject to the below listed
Conditions of Approval.
19. Therefore, based on the analysis provided above, it is our opinion that the proposed
Consent Applications are in conformity with Bayham Official Plan, subject to the
below listed Conditions of Approval.
Municipality of Bayham Zoning By-law
20. The subject lands are currently zoned ‘Hamlet Residential (HR)’ in Schedule ‘E’
(Richmond) of Zoning By-law Z456-2003. The following will provide a zoning
analysis for each proposed Parcel (and associated Consent Application) in order to
determine conformity with the Zoning By-law.
Parcel D (E26-24):
21. Parcel D, being a Lot Addition to 53885 Heritage Line, would result in a parcel that
has a total Lot Frontage of 43.1 m (141.4 ft) and a total Lot Area of 3,039.7 m2
(0.303 ha.). Therefore, 53885 Heritage Line would meet the minimum Lot Frontage
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
8
of 20.0 m and minimum Lot Area of 1,100.0 m2 (Public Water, Private Sewer) for the
HR Zone. It is understood that the existing buildings/structures on 53885 Heritage
Line will comply with all other provisions of the Zoning By-law. Arcadis has no
concerns regarding the proposed Lot Addition (Parcel D) to 53885 Heritage Line.
Parcels E and C (E27-24):
22. Parcel E, being the Retained Lot for 53867 Heritage Line, would result in a retained
parcel that has a Lot Frontage of 19.9 m (65.3 ft) and a Lot Area of 755.9 m2 (0.075
ha.). Therefore, Parcel E would not meet the required minimum Lot Frontage of 20.0
m and minimum Lot Area of 1,100.0 m2 (Public Water, Private Sewer) for the HR
Zone.
As such, Arcadis is including a Condition of Approval for Consent Application E27-
24 that the owner obtain approval of a Zoning By-law Amendment for Parcel E
(Retained Lot) from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet
Residential (HR-XX)’ Zone to permit both the Lot Frontage and Lot Area deficiency.
It is Arcadis’s opinion that a Minor Variance Application to address these
deficiencies is not appropriate, as the 344.1 m2 Lot Area deficiency represents an
approximate 31% reduction in the required minimum Lot Area and would not meet
the four (4) tests of a Minor Variance. The Lot Area deficiency is too significant in
size to be considered through a Minor Variance Application. Based on Arcadis’s
review of existing surrounding residential lot, there are several lots in the Hamlet
with an area of similar size and shape to the proposed Lot Area of 755.9 m2, and
therefore would still be compatible and in keeping with the neighbouring residential
lots.
23. Parcel C, being a Lot Addition severed from 53867 Heritage Line and merged with
Parcel A for the creation of a new lot, would result in a parcel that has a total Lot
Frontage of 28.8 m (94.5 ft) and a total Lot Area of 1,196.7 m2 (0.119 ha.).
Therefore, the proposed new lot (Parcel C merged with Parcel A) would meet the
minimum Lot Frontage of 20.0 m and minimum Lot Area of 1,100 m2 (Public Water,
Private Sewer) for the HR Zone. Details pertaining to the single-detached dwelling
design and construction will be confirmed at the Building Permit Application stage in
order to determine zoning compliance. Arcadis has no concerns regarding the
proposed Lot Addition (Parcel C) for the creation of a new lot.
Parcels A and B (E28-24):
24. Parcel A, being the severed lot from 53869 Heritage Line and merged with Parcel C
(Lot Addition), would result in the creation of a new lot that has a total Lot Frontage
of 28.8 m (94.5 ft) and a total Lot Area of 1,196.7 m2 (0.119 ha.). As mentioned
above in Paragraph 23, the proposed new lot would meet the minimum Lot
Frontage and Lot Area requirements for the HR Zone. Details pertaining to the
single-detached dwelling design and construction will be confirmed at the Building
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
9
Permit Application stage in order to determine zoning compliance. Arcadis has no
concerns regarding the proposed severed lot (Parcel A) from 53869 Heritage Line
for the creation of a new lot.
25. Parcel B, being the Retained Lot for 53869 Heritage Line, would result in a retained
parcel that has a Lot Frontage of 20.1 m (65.9 ft) and total Lot Area of 904.8 m2
(0.090 ha.). Therefore, Parcel B would meet the minimum Lot Frontage requirement
of 20.0 m, however, it would not comply with minimum Lot Area requirement of
1,100.0 m2 (Public Water, Private Sewer) for the HR Zone.
As such, Arcadis is including a Condition of Approval for Consent Application E28-
24 that the owner obtain approval of a Minor Variance for Parcel B (Retained Lot) to
permit a reduced Lot Area of 904.8 m2. It is Arcadis’s opinion that a Minor Variance
Application is appropriate for this Lot Area deficiency, rather than a Site-Specific
Zoning By-law Amendment, as the 195.2 m2 Lot Area deficiency represents an
approximate 17.7% reduction in the required minimum Lot Area and the
owner/applicant can address the four (4) tests of a Minor Variance. Based on
Arcadis’s review of existing surrounding residential lot, there are several lots in the
Hamlet with an area of similar size and shape to the proposed Lot Area of 904.8 m2,
and therefore would still be compatible and in keeping with the neighbouring
residential lots.
Conclusion and Recommendations
26. Given that three (3) Consent Applications were reviewed as part of this Memo, the
following provides the specific Conditions of Approval for each Consent Application.
27. Based on the above review of Consent Application E26-24, Arcadis has no objection
to approval of the proposed consent subject to the following conditions for a Lot
Addition to 53885 Heritage Line:
a) That the owner obtains confirmation from Hydro One regarding the provision of
hydro services, specifically whether maintenance easements are required over
the existing hydro servicing traversing both Parcels B and D;
b) That the owner provides an engineered grading, drainage and storm water
management plan for Parcel D and 53885 Heritage Line to demonstrate that the
consolidated lands will drain properly with no negative impacts on the
neighbouring lands or the street, all to the satisfaction of the Municipality of
Bayham, and;
c) That the applicant initiate and assume, if required, all engineering costs
associated with the preparation of a revised assessment schedule in
accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be
paid in full to the Municipality prior to the condition being deemed fulfilled. If the
deposit does not cover the costs of the revised assessment schedule, the
applicant will be billed for any additional costs incurred.
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
10
d) That the owner provides a digital copy of a survey of the subject lands.
e) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
28. Based on the above review of Consent Application E27-24, Arcadis has no objection
to approval of the proposed consent subject to the following conditions for a Lot
Addition to 53869 Heritage Line for the future creation of a new lot:
a) That the owner obtains approval of a Zoning By-law Amendment for the
proposed Parcel E (Retained Lot) from ‘Hamlet Residential (HR)’ Zone to a
‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit a reduced Lot
Frontage of 19.9 metres and a reduced Lot Area of 755.0 m2;
b) That the owner provides confirmation with respect to the location of the existing
municipal water service connection and private septic bed on Parcel E;
c) That the owner provides written confirmation from a licensed septic installer
demonstrating that the system on Parcel E is in satisfactory operating condition;
d) That the owner provides written confirmation from a licensed septic installer
demonstrating the reduced Lot Area for Parcel E provides sufficient space for a
new system in the event the existing system requires future replacement;
e) That the owner provides an engineered grading, drainage and storm water
management plan for Parcel E to demonstrate that the lands will drain properly
with no negative impacts on the neighbouring lands or the street, all to the
satisfaction of the Municipality of Bayham.
f) That the applicant initiate and assume, if required, all engineering costs
associated with the preparation of a revised assessment schedule in
accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be
paid in full to the Municipality prior to the condition being deemed fulfilled. If the
deposit does not cover the costs of the revised assessment schedule, the
applicant will be billed for any additional costs incurred.
g) That the owner provides a digital copy of a survey of the subject lands.
h) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
29. Based on the above review of Consent Application E28-24, Arcadis has no objection
to approval of the proposed consent subject to the following conditions for the creation
of a new lot:
a) That the Conditions of Approval are satisfied for Consent Applications E27-24;
b) That the owner obtains approval of a Minor Variance for the proposed Retained
Lot (Parcel B) to permit a reduced Lot Area of 904.0 m2.
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
11
c) That the owner removes and/or relocates the two (2) existing sheds; one (1)
being located on Parcel A, and one (1) being located along the proposed
property line between Parcels A and B;
d) That the owner obtains confirmation from Hydro One regarding the provision of
hydro services, specifically whether maintenance easements are required over
the existing hydro servicing traversing both Parcels B and D;
e) That the owner obtains approval from the Municipality of Bayham for road
entrance permit (Church Street) for a new access to the proposed Severed Lot
(Parcels A and C);
f) That the owner obtains a permit from the Municipality of Bayham for the
installation of a new municipal water service connection to the proposed
Severed Lot (Parcels A and C);
g) That the owner obtains a municipal lot assessment and provides soil testing
results for the proposed Severed Lot (Parcels A and C) in accordance with
Provincial Standards for a future septic system;
h) That the owner provides written confirmation from a licensed septic installer
demonstrating that the system on Parcel B is in satisfactory operating condition;
i) That the owner provides written confirmation from a licensed septic installer
demonstrating the reduced Lot Area for Parcel B provides sufficient space for a
new system in the event the existing system requires future replacement;
j) That the owner provides an engineered grading, drainage and storm water
management plan for Parcels A/C and B to demonstrate that the Severed Lot
(Parcels A and C) and the Retained Lot (Parcel B) will drain properly with no
negative impacts on the neighbouring lands or the street, all to the satisfaction
of the Municipality of Bayham;
k) That the applicant initiate and assume, if required, all engineering costs
associated with the preparation of a revised assessment schedule in
accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be
paid in full to the Municipality prior to the condition being deemed fulfilled. If the
deposit does not cover the costs of the revised assessment schedule, the
applicant will be billed for any additional costs incurred;
l) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-
in-lieu of Parkland;
m) That the owner provides a digital copy of a survey of the subject lands;
n) That the owner applies and pay’s all fees to the Municipality with respect to Civic
Addressing/signage for the Severed Lot (Parcels A and C), and;
o) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
12
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham
Legislative Services
March 19, 2024
The Honourable Doug Ford Premier of Ontario Legislative Building, Queen's Park
Toronto, ON M7A 1A1
premier@ontario.ca Honourable and Dear Sir:
Re: Support Town of Lincoln Resolution - Request Provincial Government to Support Increasing Funding for Public Libraries and Community Museums Please be advised the Municipal Council of the Town of Fort Erie at its meeting of March 18, 20224 received and supported correspondence from the Town of Lincoln dated February 28,
2024 requesting the Provincial Government to support increasing funding for Public Libraries and Community Museums.
Attached please find a copy of the Town of Lincoln correspondence dated February 28, 2024.
Thank you for your attention to this matter. Sincerely,
Peter Todd, Manager, Legislative Services / Town Clerk ptodd@forterie.ca PT-dlk Attach. c.c. The Honourable Neil Lumsden, Minister of Tourism, Culture and Sport neil.lumsden@pc.ola.org The Association of Municipalities of Ontario amo@amo.on.ca Local Area Municipalities Niagara Region All Ontario Municipalities
ry""r*LlnC oln
48OO SOUTH SERVICE RD
BEAMSVILLE, ON LOR lBI
905-563-8205
February 28,2024
SENT VIA EMAIL: Premier@ontario.ca
The Honourable Doug Ford
Premier of Ontario
Legislative Building, Queen's Park
Toronto, ON M7A 1A1
Dear Honourable Doug Ford
RE: Town of Lincoln Council Resolution - Uroent Need for lncreased Fundinq to
Libraries and Museums in Ontario
Please be advised that the Council of the Corporation of the Town of Lincoln at its
Council Meeting held on February 26,2024, passed the following motion regarding
an Urgent Need for lncreased Funding to Libraries and Museums in Ontario:
Resolution No: RC-2024-23
Moved by Mayor Easton; Seconded by Councillor Mike Mikolic
WHEREAS the provincial funding for public libraries is currently based on
population levels from 25 years ago, which fails to reflect the substantial growth
and changing needs of our communities. The Town of Lincoln Council wishes to
draw your attention to the "Overdue" report of 2A23 from the Canadian Urban
Council, which emphasizes the pivotal role libraries play in various aspects of
community life, including knowledge distribution, culture, health, reconciliation,
belonging, and our democracy; and
WHEREAS libraries, situated at the heart of our communities, serve as
multifaceted institutions catering to diverse needs. They provide essentialservices
such as access to culture and information, refuge for those experiencing domestic
violence, election information centers, job search facilities, health clinics, language
learning centers for newcomers, and spaces for educational and community
events. Despite their vital role, public libraries in Ontario have not seen an increase
in provincial funding for over 25 years, leading to a decrease in the value of the
province's investment by over 60%; and
WHEREAS the Town of Lincoln Council urges the Provincial Government to
A place to srow, a place to prosper, a pla""ififfi,iT
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Bt e@fimr€rL
lincoln.ca JIV@TownoflincolnON
Page 2 of 3
consider increasing provincial funding for Ontario's public libraries to address
critical shared priorities and community needs. While over 90% of library funding
comes from local municipal governments, provincial operating funding is crucial
for providing stability to library budgets, especially in times of inflation,
technological changes, and increasing demands on libraries as community hubs;
and
WHEREAS the Town of Lincoln Council would like to bring to the Provincial
Government's attention the pressing need to increase the funding envelope for the
Community Museum Operating Grant (CMOG). The Town of Lincoln currently
receives $25,000 annually, the maximum amount through this grant, but the funding
envelope has remained stagnant for over 15 years. This limitation hampers the
ability of community museums to offset increasing operational expenses, impacting
their role in preserving and promoting local stories, attracting cultural tourists,
supplementing schoolcurriculum, and contributing to vibrant and vital communities;
and
WHEREAS the Lincoln Museum and Cultural Centre is a community hub criticalto
the health and vibrancy of our community. An increase in CMOG funding willenable
our museum to continue its valuable service to the community, creating a sense of
place, attracting culturaltourists, and preserving local stories that define our unique
identity; and
WHEREAS Cultural institutions, particularly museums, play a vital role in shaping
and preserving our community's identity, They contribute to tourism, social
participation, senior well-being, skill-building, and learning. As the largest
government funder for most of Ontario's smaller museums, municipalities create
value in their communities through the work of these institutions.
THEREFORE, BE lT RESOLVED THAT the Town of Lincoln Council urges the
Provincial Government to support increasing funding to both public libraries and
community museums. Recognizing these institutions as national assets and
strategically investing in their potentialwill contribute significantly to renewing post-
pandemic social cohesion, economic well-being, and community resilience; and
BE lT FURTHER RESOLVED THAT this resolution be circulated to the Province,
the Minister of Tourism, Culture and Sport, Association of Municipalities of Ontario
(AMO), the Niagara Region, the 12 LocalArea Municipalities in Niagara and all
municipalities of Ontario for endorsement.
CARRIED
lf you require any additional information, please do not hesitate to contact the
undersigned.
lincoln.ca H Y (dTownoflincolnON A place to grow, a place to prosper, a place to belong.
Page 3 of 3
OS
own Clerk
iki incoln.ca
Premier of Ontario
Minister of Tourism, Culture and Sport
Association of Municipalities of Ontario (AMO)
Ann-Marie Norio, Clerk, Niagara Region
Local Area Municipalities
All Ontario Municipalities
Jl(dp
Cc
lincoln.ca flV CaTownofLincolnON A place to grow a place to prosper, a place to belong'
Council Members
Mayor Neil Nicholson
Deputy Mayor Cathy Regier
Councillors:
Mark Bell
Michael Moore
Chris Olmstead
Connie Tabbert
Joey Trimm
(613) 646-2282
P.O. Box 40,
44 Main Street
Cobden, ON
K0J 1K0
whitewaterregion.ca
Certified True Copy
Wednesday, March 20, 2024
The Honourable Doug Ford
Premier of Ontario
Legislative Building
Queen’s Park
Toronto On M7A 1A1
Re: Resolution - Highway Infrastructure Request - County
of Lambton
Dear Premier Ford,
At its meeting of March 20, 2024, the Council of the Township of
Whitewater Region adopted the following resolution:
That Council of the Township of the Whitewater Region
endorse the letter as presented from Lambton County Council regarding Highway Infrastructure.
Carried - Resolution #2024-5084
Sincerely,
Carmen Miller
Clerk/CEMC
Attach: Lambton County Council Motion
www.lambtononline.ca
Legal Services / Clerk's Department Telephone: 519-845-0801 789 Broadway Street, Box 3000 Toll-free: 1-866-324-6912
Wyoming, ON N0N 1T0 Fax: 519-845-0818
February 23, 2024
The Honourable Doug Ford
Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1
Dear Premier Ford: Re: Lambton County Council Motion
Please be advised that at its regular meeting of February 07, 2024, Lambton County
Council Passed the following resolution:
#25: Ferguson/Bradley:
WHEREAS the Province of Ontario has agreed to assume responsibility for the
Gardiner Expressway and the Don Valley Parkway from the City of Toronto, which will be uploaded to the Province of Ontario; WHEREAS like the City of Toronto, The Corporation of the County of Lambton
and all municipalities in the Province of Ontario are experiencing significant
financial and budgetary pressures including those related to infrastructure development, maintenance and repairs, and are seeking reasonable solutions to address the same while balancing their financial books;
WHEREAS the uploading of municipal highway infrastructure to the Province of
Ontario or, alternatively, appropriately increasing the Ontario Community Infrastructure Fund to Ontario municipalities will assist municipalities in addressing such financial challenges; THEREFORE, BE IT RESOLVED:
a) That the Province of Ontario: (i) upload from local municipalities the responsibility of and costs associated with the continued construction, operation, and maintenance of major municipally-owned highways
throughout the Province of Ontario to the Ontario Ministry of
Transportation; or (ii) alternatively, if uploading is not the preferred option of the Province and/or local municipality, to appropriately increase the
DocuSign Envelope ID: 4EF7975F-D8AC-4688-B665-E4EFEE10F1B9
Ontario Community Infrastructure Fund to municipalities so as to fairly and equitably allocate resources to Ontario municipalities.
b) That a copy of this resolution be circulated to all municipalities in Ontario; the Association of Municipalities of Ontario; Sarnia-Lambton MPP, Bob Bailey; the Ontario Minister of Transportation, the Hon. Prabmeet Singh Sarkaria; and the Premier of Ontario, the Hon. Doug Ford.
Carried.
Kind Regards,
Olivia Leger Clerk/County Solicitor
Encl #CC 04-10-24 cc: Association of Municipalities of Ontario All Ontario Municipalities
Bob Bailey, M.P.P. Sarnia-Lambton Riding Hon. Prabmeet Singh Sakaria, Ontario Minister of Transportation
DocuSign Envelope ID: 4EF7975F-D8AC-4688-B665-E4EFEE10F1B9
TOWNSHIP OF Adelaide Metcalfe
March 22nd, 2024
The Honourable Lisa Thompson
Ministry of Agriculture, Food and Rural Affairs
11th Floor
77 Grenville St. Toronto, ON M5S 1 B3
RE: Township of Adelaide Metcalfe - Request to Increase Tile Drain Loan Limit
Dear Minister Thompson,
On March 18, 2024, the Township of Adelaide Metcalfe Council approved the following resolution:
WHEREAS farm drainage is of paramount importance in Ontario due to its significant impact
on agricultural productivity and sustainability. Effective drainage systems help mitigate
waterlogging, control soil moisture levels, and enhance soil structure, thereby optimizing
growing conditions for crops;
WHEREAS improved drainage also facilitates timely field operations, reduces erosion, and
minimizes nutrient runoff, contributing to environmental conservation efforts;
WHEREAS Ontario's diverse agricultural landscape, where weather variability is common,
well-maintained drainage systems play a crucial role in ensuring stable yields, economic
viability, and long-term resilience for farmers across the Province;
WHEREAS the Tile Loan Drainage Act, R.S.O 1990, c. T.B allows for the borrowing of money
for the purpose of constructing drainage works;
WHEREAS the maximum annual limit for these loans, unchanged since 2004, is currently set
at $50,000.
WHEREAS costs for Tile Drainage has increased markedly since 2004;
NOW THEREFORE the Council of the Township of Adelaide Metcalfe requests that the
Province through the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) consider increasing the maximum annual Tile Loan limit to a minimum of $100,000.
AND THAT this resolution be circulated the Honourable Lisa Thompson - Ministry of
Agriculture, Food and Rural Affairs (OMAFRA), the Association of Municipalities of Ontario
(AMO), the Rural Ontario Municipal Association (ROMA), and all Ontario municipalities.
2340 Egremont Drive, R.R. #5, Strathroy, Ontario, N7G 3H6
Phone (519)247-3687 Toll Free 1-866-525-8878 Fax (519)247-3411 E-Mail info@adelaidemetcalfe.on.ca
March 26, 2024 Sent by E-mail sylvia.jones@ontario.ca
Hon. Sylvia Jones, Minister of Health
Ministry of Health
5th Floor - 777 Bay St.
Toronto, ON M7A 2J3
Re: Public Health Ontario Labs
______________________________________________________________________
Dear Minister Jones,
At its regular meeting held March 12, 2024, the Council of the Township of Asphodel-Norwood passed a resolution expressing concern about the possible closure of regional Public Health Ontario (PHO) laboratories, as stated in the Office of the Auditor General of Ontario's Value-for Money Audit: Public Health Ontario.
WHEREAS the mission of Public Health Ontario (PHO) is to "enable informed decisions
and get actions that protect and promote health and contribute to reducing health inequities", there are grave concerns that the closure of six community-based PHO labs will increase health inequities, especially for rural communities; and
WHEREAS combined these labs collect and process thousands of water samples and
time sensitive medical tests each day; and WHEREAS there are grave concerns about the integrity of samples being compromised if travel time is increased by centralizing all tests to a few locations; and
WHEREAS these labs already process overflow tests and samples when labs such as Toronto and Ottawa cannot keep up to demand and many scaled up to meet demand during the COVID-19 pandemic; and
WHEREAS frequent drinking water testing services is vital for Ontarians who draw their
water from private drinking water systems (i.e. wells) and protecting groundwater quality and quantity is a shared responsibility. As stewards of care for the Safe Drinking Water Act, 2022, Council urges the provincial
government to take caution against acting on the recommendations stated in the
aforementioned audit report.
-2-
Sincerely,
Melanie Hudson, Clerk
Township of Asphodel-Norwood
Encl./ Letter of Concern from former senior managers of Public Health Ontario (PHO)
Cc: MPP David Piccini | david.piccinico@pc.ola.org MP Philip Larence | philip.lawrence@parl.gc.caOntario Municipalities
1
Letter of Concern regarding Regional Public Health Ontario Laboratories
December 18, 2023
We, the undersigned, are a group of retired senior managers who were long term employees of Public
Health Ontario (PHO), with extensive knowledge of regional laboratory operations and the public health
system. We are writing to express our concerns with PHO’s laboratory modernization plan, discussed
recently in the Office of the Auditor General of Ontario’s Value-for-Money Audit: Public Health Ontario
(report dated December 2023).
Our major concern rests with the recommendation to close 6 of the 10 regional, fully accredited
laboratories based in Peterborough, Orillia, Hamilton, Kingston, Sault Ste. Marie and Timmins, which serve
communities in 15 public health unit jurisdictions. This change will impact about 85 laboratory personnel
and a number of Infection, Prevention and Control (IPAC) staff who are also housed in some of those sites.
In addition to these closures, there is a concerning recommendation to gradually eliminate drinking water
testing services for Ontarians who draw their water from private drinking water systems (e.g. wells). We
believe the associated risks to public health were not properly analyzed during the investigative process
and such measures, if approved by the Ontario government, could be detrimental.
The regional laboratory sites serve all of PHO’s clients located outside the Greater Toronto Area (GTA).
They act as a first contact when specific testing is required by public health units, hospital and community
labs, long term care homes, clinicians and private citizens within their regions; and they provide access to
over 270 diagnostic tests related to diseases of public health significance listed in O. Reg 135/18 under the
Health Protection and Promotion Act. The high number of specimens processed during the COVID
pandemic at these locations is a testament to the ability of these labs to respond quickly to emerging
pathogens, to manage outbreaks and to assist with surveillance.
The Auditor General’s report has a financial focus, and in this respect, inefficiencies are outlined which we
acknowledge need to be addressed. However, PHO’s regional laboratory sites indicated for closure offer
analyses requiring specialized training, such as the identification of parasites, ticks (important due to the
increasing risk of Lyme disease), and pathogenic fungi. Having multiple sites competent in these specialty
tests adds backup support into the system and enables the management of surge capacity, especially in
outbreak situations. Two of these regional sites are also associated with postsecondary institutions,
providing academic placements and research opportunities.
In addition to the diagnostic testing of medical samples, regional laboratory locations conduct the majority
of testing for indicators of bacterial contamination in private drinking water systems, as well as public
drinking water and beach water submitted by Ontario Parks and public health unit staff, supporting their
Safe Water programs under Ontario public health standards. With water samples being time and
temperature sensitive, any increase in the transportation time can have a negative impact on sample
integrity. The current geographical configuration of PHO’s laboratory network allows clients direct access
to information and testing, and samples are transported from drop off depots in the communities quickly
and efficiently. Loss of these regional labs could result in increased courier costs, increased turn-around
times, and possible rejection of samples, due to integrity issues. In short, their closing will have a direct
and dramatic impact on PHO’s ability to achieve its mandate: the protection and promotion of public
health.
2
PHO’s laboratory sites test between 150,000 to 175,000 private drinking water samples each year at no
cost to the submitter. With the recommendation to phase out PHO’s drinking water service, private citizens
who do not have access to municipally treated drinking water will have to submit their samples to a
licensed private laboratory, which currently can cost more than $150 per sample. Considering the current
economic state in Ontario, some residents may consider the cost prohibitive and decide not to monitor
their water source, thereby reducing sampling rates. As a result, people will be unaware of the quality of
their drinking water, which can put them at a higher risk of contamination. Private drinking water sources,
in particular, are susceptible to contamination at significantly higher rates than municipal systems. With
the removal of this testing service at PHO, there will also no longer be a centralized database containing
bacteriological test results that are available for PHO’s researchers or public health unit staff, who use it
to determine contamination rates in their regions.
The Report of the Walkerton Inquiry (2002) discusses the tragic impact of provincial budget cuts on water
testing services in the 1990s in Walkerton, Ontario. In 1996, the Ministry of Environment regional
laboratories were closed as a cost saving measure, and the testing that they performed on municipal
drinking water systems was privatized. Justice Dennis O’Connor, who authored the Walkerton report,
highlighted how this action “connected directly” to the Walkerton E.coli O157:H7 and Campylobacter
jejuni outbreak in May 2000 (part 1, p. 406), which resulted in seven deaths and 2,300 illnesses.
Recognizing the importance of the private drinking water testing service offered by Ontario’s public health
laboratory sites, Justice O’Connor suggested that the province maintain free, bacteriological water testing
for private well owners.
Overall, we are concerned that, if the recommendation to close 6 of the 10 regional PHO locations and to
phase out private water testing is approved, there will be serious negative impacts on public health.
Rather than reduce health inequities across the province of Ontario, we feel the proposed changes will do
the opposite. We caution the provincial government against acting on these recommendations without
fully understanding the ramifications and the complex logistics required in specimen handling to deliver
timely results. While the Auditor General’s report has a financial focus, which is important, we caution that
an up-to-date, independent impact assessment be carried out using a public health focus. Stakeholders,
including members of the public, should be consulted, as well. As we have seen in the past, an effective
public health network is needed, not only to ensure essential day-to-day testing, but also to respond to
emerging public health emergencies, such as Walkerton, SARS, West Nile and COVID.
Key Resources
O’Connor, Dennis R. (2002). Report of the Walkerton Inquiry. 2 parts. Toronto: Ontario Ministry of the
Attorney General. https://www.archives.gov.on.ca/en/e_records/walkerton/index.html
Office of the Auditor General of Ontario. (2023). Value-for-Money Audit: Public Health Ontario.
https://auditor.on.ca/en/content/annualreports/arreports/en23/AR_publichealth_en23.pdf
Signatories
Rena Retallick
Former Operations Director, Regional Public Health Laboratories
CONTACT: rena.retallick@gmail.com
Jean Cousineau
Former Technical Manager, Timmins Regional Public Health Laboratory
3
Elizabeth Pszczolko
Former Manager, Thunder Bay Regional Public Health Laboratory
John Jessop
Former Manager, Sault Ste. Marie, Sudbury and Timmins Regional Public Health Laboratories
Leslee Shuttleworth
Former Manager, Ottawa Public Health Laboratory
Robin Eddington
Former Manager, Orillia Public Health Laboratory
Cindy Froats
Former Manager, Kingston Public Health Laboratory
Pamela O’Brien
Former Manager, Peterborough Public Health Laboratory
Suzan Breton
Former Manager, Sault Ste. Marie Public Health Laboratory
Monica Murphy
Former Quality and Technical Manager, Public Health Laboratories
Former Manager, Windsor Public Health Laboratory
Debbie Sikora
Former Manager, Kingston Public Health Laboratory
Doreen Graham
Former Senior Manager, Central North Region
Dr. Fred Ball
Former Manager, Thunder Bay Public Health Laboratory
Twyla Harcourt
Former Manager, Peterborough Public Health Laboratory
Town of Whitby 575 Rossland Road East, Whitby, ON L1N 2M8
905.430.4300
whitby.ca
March 25, 2024
Via Email:
Honourable Doug Ford Premier of Ontario premier@ontario.ca
Re: Memorandum from H. Ellis, Council and Committee Coordinator, dated February
2, 2024 re: Whitby Sustainability Advisory Committee Request that Council Support the Ontario Energy Board’s Decision to end the Gas Pipeline Subsidy Please be advised that at its meeting held on March 18, 2024, the Council of the Town
of Whitby adopted the following as Resolution # 50-24:
Whereas residents are struggling with energy bill increases and need relief; and, Whereas natural gas is no longer the cheapest way to heat homes because
electric heat pumps are now much more efficient, can provide all heating needs
even in cold climates, and result in far lower energy bills compared to gas heating; and, Whereas natural gas is methane gas, which is a fossil fuel that causes
approximately one-third of Ontario's GHG emissions, and must be phased out
because it is inconsistent with all climate targets, while heat pumps result in the lowest GHG emissions and are consistent with a zero-carbon future; and, Whereas the Ontario Energy Board (OEB) decided to end a subsidy for methane
gas pipelines to be built in new construction developments, effective 2025,
finding that this would lower energy bills for existing gas customers and improve affordability for new homebuyers, but this decision is at risk of being overturned by the provincial government; and,
Whereas the OEB decision will help lower energy bills and encourage heating
systems that are consistent with climate targets and plans; and, Whereas the construction of new methane gas pipelines, which have 60-year lifetimes, should not be subsidized because they are inconsistent with the Town’s
climate targets and will result in higher carbon emissions, higher energy bills,
higher future decarbonization retrofit costs to phase out fossil fuel heating, and a
Page 2 of 2
continued financial drain as dollars leave the province to pay for fossil fuels extracted in other jurisdictions.
Now therefore, be it resolved:
1. That the Town of Whitby expresses its support for the decision of the Ontario Energy Board to end the gas pipeline subsidy and ask the Ontario Government to allow the decision to stand; and,
2. That this resolution be circulated to Premier Doug Ford; the Minister of Energy, Todd Smith; the Minister of Finance, Peter Bethlenfalvy; the Minister of Municipal Affairs and Housing, Paul Calandra; the Associate Minister of Housing, Rob Flack; President of AMO, Colin Best, the Region
of Durham, and all local Ontario municipalities requesting support of the
proposed changes.
Should you require further information, please do not hesitate to contact Sarah Klein, Director, Strategic Initiatives at 905-430-4338.
Kevin Narraway Sr. Manager of Legislative Services/Deputy Clerk
Copy: C. Harris, Director, Legislative Services/Town Clerk – clerk@whitby.ca S. Klein, Director, Strategic Initiatives – kleins@whitby.ca Honourable Todd Smith, Minister of Energy Honourable Peter Bethlenfalvy, Minister of Finance
Honourable Paul Calandra, Minister of Municipal Affairs and Housing Honourable Rob Flack, Associate Minister of Housing Colin Best, President of the Association of Municipalities of Ontario A. Harras, Regional Clerk, Regional Municipality of Durham All Ontario Municipalities
1
Minutes
ELGIN GROUP POLICE SERVICES BOARD November 15, 2023 The Elgin Group Police Services Board met in the Central Elgin Boardroom at the Elgin County Administration Building, 450 Sunset Drive, St. Thomas, with the following in attendance:
David Jenkins, Chair Trudy Kanellis, Vice-Chair Dominique Giguère, Board Member
Andrew Sloan, Board Member
Staff Sergeant Ian George Sergeant Brad Cook Carolyn Krahn, Secretary/Administrator Regrets:
Inspector Jennifer Neamtz, Detachment Commander Ida McCallum, Board Member
Call to Order: The Chair called the meeting to order at 1:00 p.m. Adoption of Minutes:
Moved by: Trudy Kanellis Seconded by: Dominique Giguère RESOLVED THAT the minutes of the meeting held on September 20, 2023 be adopted.
- Motion Carried. Moved by: Dominique Giguère Seconded by Trudy Kanellis
RESOLVED THAT a presentation from the County of Elgin’s Director of Financial Services/Treasurer regarding the 2024 Proposed Budget be added to the agenda following the presentation from Sergeant Rob Griffin.
Disclosure of Pecuniary Interest and the General Nature Thereof: None. Reports:
2
1) Billing Model for OPP Municipal Policing Services, Sergeant Rob Griffin
Sergeant Rob Griffin provided an overview of the OPP Service Delivery Model, OPP Billing Model, the Municipal Billing Statements, and the Community Safety and Policing Act (CSPA) and the Contract Renewal Process. Moved by: Trudy Kanellis
Seconded by: Andrew Sloan RESOLVED THAT the report from Sergeant Rob Griffin be received and filed.
- Motion Carried.
2) 2024 Proposed Budget – Jennifer Ford, Director of Financial Services/Treasurer
The Director of Financial Services presented the 2024 proposed budget for the Elgin Group Police Services Board and provided an overview of the 2024 Annual Billing
Statement from the OPP. Moved by: Dominique Giguère Seconded by: Trudy Kanellis
RESOLVED THAT the 2024 Elgin Group Police Services Board Proposed Budget be shared with the partner municipalities for their review; and THAT the presentation from the Director of Financial Services be received and filed.
- Motion Carried.
3) Detachment Commander’s Quarterly Report, Staff Sergeant Ian George and Acting Staff Sergeant Brad Cook
Staff Sergeant Ian George and Acting Staff Sergeant Brad Cook presented the Detachment Commander’s Quarterly Report for the months of July to September 2023. Elgin OPP prioritized safety through educational efforts as summer began, focusing on patrolling roads, waterways, and trails in anticipation of increased tourism. Their marine unit conducted 41 incidents and 1376 hours of patrol on
waterways while collaborating with community groups for water safety programs. There was also an increase in property crime, but the collaboration between their crime analyst and Community Street Crime Unit led to the arrest of a male suspect connected to various property offenses across Elgin, Middlesex, Oxford, and London
PS.
D. Giguère requested that a quarterly or bi-annual report on traffic initiatives be shared with the community to raise awareness of the work that the OPP is doing to keep our roadways safe and to remind the public that if they see a problem on any County roadways to report it to the OPP.
3
A. Sloan also requested that any OPP News Releases relevant to Central Elgin be
forwarded to him. The PSB Secretary Administrator will work with Constable Phair to
ensure that relevant news releases are forwarded to all board members. Moved by: Trudy Kanellis Seconded by: Dominique Giguère
RESOLVED THAT the report be received and filed. - Motion Carried. Correspondence:
Moved by: Dominique Giguère Seconded by: Andrew Sloan
RESOLVED THAT the Chair be directed to write a response to the Municipality of
Bayham acknowledging the concerns of residents regarding Plank Road at Chute Line and Northern Vienna Bridge and informing them that the OPP will deploy a speed sign to the area of concern and that the Traffic Management Unit will be deployed as needed.
RESOLVED THAT Correspondence Items #1-4 be received and filed. - Motion Carried.
Other Items:
New Business: None.
Closed Session Items: None.
Next Meeting: The Secretary Administrator will send out a Doodle Poll to schedule the next meeting in January of 2024.
Adjournment: Moved by: Andrew Sloan Seconded by: Dominique Giguère
RESOLVED THAT we do now adjourn 2:35 p.m.
4
- Motion Carried.
_____________________________
Carolyn Krahn, Secretary/Administrator.
__ ______________________
David Jenkins Chair.
__________
2024 Proposed Budget
Jennifer Ford
Director of Financial Services/Treasurer
Police Services Board
2024 Proposed Budget
Police Services Board
•Revenue: Increase to cover increased expenses
•Expense: 3% Inflationary increase to OAPSB Membership
•Expense: 4% Inflationary increase to Insurance Premiums
Reference: Elgin Group Policing –Police Services Board Budget Handout for further details.
Elgin Group Policing
2024 Budget Summary
Elgin Group Policing
2024 Budget Summary
2024 Annual Billing Statement Analysis by Category
Difference % Change
H/(L) H/(L)
Households 18,714 18,385 329 1.8%
Commercial/Industrial 871 873 (2) (0.2%)
Total Properties 19,585 19,258 327 1.7%
Budgeted
2024 2023 Difference % Change
Total Cost Total Cost H/(L) H/(L)
Base Services 3,243,011 3,190,318 52,693 1.7%
Calls for Service 2,669,082 2,666,760 2,322 0.1%
Overtime 245,841 237,119 8,722 3.7%
Court Security 144,341 118,060 26,281 22.3%
Prisoner Transportation 21,934 22,531 (597) (2.6%)
Accom/Cleaning 95,967 93,787 2,180 2.3%
Subtotal 6,420,176 6,328,575 91,601 1.4%
CSPT Grant (103,455) (110,739) 7,284 (6.6%)
Year-End Adjustment 50,949 64,239 (13,290) (20.7%)
Total 6,367,670 6,282,075 85,595 1.4%
Category
2024 2023Property Counts
Elgin Group Policing
2024 Budget Summary
2024 Annual Billing Statement Analysis by Category
2024 2023 Difference % Change
Cost per HH Cost per HH H/(L) H/(L)
Base Services 165.59 165.66 (0.08) (0.0%)
Calls for Service 136.28 138.48 (2.19) (1.6%)
Overtime 12.55 12.31 0.24 1.9%
Court Security 7.37 6.13 1.24 20.2%
Prisoner Transporation 1.12 1.17 (0.05) (4.3%)
Accom/Cleaning 4.90 4.87 0.03 0.6%
Subtotal 327.81 328.62 (0.81) (0.2%)
CSPT Grant & YE Adj (2.68) (2.41) (0.27) 11.0%
Total 325.13 326.21 (1.08) (0.3%)
Category
Elgin Group Policing
2024 Budget Summary
Municipality Base
Service
Calls
for Service Overtime Court
Security
Prisoner
Transportation Accom/Clean Total
Change
2023
Budget*
2024
Budget*
Bayham $5,082 $4,640 ($813)$0 ($107)$243 $9,045 $949,904 $958,949
Central Elgin $30,501 $5,009 $6,995 $26,281 ($98) $1,100 $69,788 $2,130,051 $2,199,839
Dutton/Dunwich $4,336 ($9,811)($672)$0 ($59)$186 ($6,020)$607,084 $601,064
Malahide $3,053 ($13,396)$802 $0 ($149)$201 ($9,489)$1,042,356 $1,032,867
Southwold $8,965 ($1,854) ($1,384)$0 ($33)$326 $6,020 $665,842 $671,862
West Elgin $756 $17,734 $3,794 $0 ($151)$124 $22,257 $933,338 $955,595
Total $52,693 $2,322 $8,722 $26,281 ($597) $2,180 $91,601 $6,328,575 $6,420,176
2023 Billing Statement H/(L) than 2024 Billing Statement
* Excludes Grants & Adjustments
2024 Annual Billing Statement Analysis by Municipality
2024 Percentage Split of Cost
Municipality 2024 2023
Bayham 14.94% 15.01%
Central Elgin 34.26% 33.66%
Dutton/Dunwich 9.36% 9.59%
Malahide 16.09% 16.47%
Southwold 10.46% 10.52%
West Elgin 14.88% 14.75%
Elgin Group Policing
2024 Budget Summary
5 Year Estimated Yearly Costs by Municipality
Year of Year Increase by Municipality
2021 2020 2019 2018
Bayham 0.95% 1.97% 0.46% 0.58%
Central Elgin 3.28% -2.18% -0.84% 2.77%
Dutton/Dunwich -0.99% 1.13% 1.24% 2.37%
Malahide -0.91% -2.09% 0.15% 2.65%
Southwold 0.90% 0.97% 2.37% 4.76%
West Elgin 2.38% -3.16% -0.89% -1.50%
Total 1.45% -1.07% 0.02% 1.92%
Municipality Year over Year Increase
2024 2023 2022 2021 2020
Bayham 958,949 949,904 931,575 927,332 922,000
Central Elgin 2,199,839 2,130,051 2,177,502 2,195,985 2,136,706
Dutton/Dunwich 601,064 607,084 600,310 592,942 579,189
Malahide 1,032,867 1,042,356 1,064,553 1,062,937 1,035,491
Southwold 671,862 665,842 659,438 644,152 614,888
West Elgin 955,595 933,338 963,809 972,465 987,275
Total 6,420,176 6,328,575 6,397,187 6,395,813 6,275,549
Estimated Yearly CostsMunicipality
1
Minutes
ELGIN GROUP POLICE SERVICES BOARD February 26, 2024 The Elgin Group Police Services Board met in the Dutton Dunwich Boardroom at the Elgin County Administration Building, 450 Sunset Drive, St. Thomas, with the following in attendance:
Dominique Giguère, Board Member Ida McCallum, Board Member (virtual) Andrew Sloan, Board Member
Trudy Kanellis, Provincial Member
David Jenkins, Provincial Member Inspector Jennifer Neamtz, Detachment Commander (virtual) Carolyn Krahn, Secretary Administrator Call to Order: The Secretary Administrator called the meeting to order at 2:03 p.m. Election of Chair and Vice Chair:
A. Sloan nominated D. Jenkins for the position of Chair, and T. Kanellis seconded the nomination. No further nominations were received for this position, and D. Jenkins accepted the nomination. Moved by: Dominique Giguère
Seconded by: Ida McCallum RESOLVED THAT nominations for the position of Chair be closed; and THAT D. Jenkins be appointed as Chair of the Elgin Group Police Services Board.
- Motion Carried. D. Jenkins nominated T. Kanellis for the position of Vice-Chair, and A. Sloan seconded the nomination. No further nominations were received for this position, and T. Kanellis accepted the nomination.
Moved by: Dominique Giguère Seconded by: Andrew Sloan
RESOLVED THAT nominations for the position of Vice-Chair be closed; and THAT
Trudy Kanellis be appointed as Vice-Chair of the Elgin Group Police Services Board. - Motion Carried.
2
Adoption of Minutes:
Moved by: Dominique Giguère Seconded by: Andrew Sloan RESOLVED THAT the minutes of the meeting held on November 15, 2023 be adopted.
- Motion Carried. Disclosure of Pecuniary Interest and the General Nature Thereof:
None. Reports: 1) Secretary-Administrator – Transfer Payment Agreement for Bail Compliance and Warrant Apprehension (BWCA) Program
The Secretary Administrator provided an update on the status of the OPP’s application to the Bail Compliance and Warrant Apprehension (BWCA) Program. The Ministry of the Solicitor General has informed the Elgin Group Police Services
Board that it will provide up to $300,000 to implement a BWCA program in Elgin
County. A transfer payment agreement is required. Moved by: Dominique Giguère Seconded by: Andrew Sloan
RESOLVED THAT the Chair be authorized and directed to enter into the Transfer
Payment Agreement for the implementation of the Elgin County OPP Bail
Compliance and Warrant Apprehension project; and
THAT the County Treasurer be authorized to act as the financial contact for the grant.
- Motion Carried. Correspondence:
None. Other Items:
None. New Business: A. Sloan requested an update on the decision by the Thames Valley District School
Board on the School Resource Officer program and asked if the Board could provide any further support in returning the program to local schools.
3
Inspector Neamtz provided an update on the decision and said that it is a missed
opportunity to build relationships between police officers and students. Elgin County OPP are working with Aylmer Police Services and St. Thomas Police Services to find alternative ways to engage with children and youth. Closed Session Items: None. Next Meeting:
The Elgin Group Police Services Board will meet again on Wednesday, March 13 @ 1 p.m. Adjournment:
Moved by: Trudy Kanellis Seconded by: Dominique Giguère RESOLVED THAT we do now adjourn 2:24 p.m.
- Motion Carried.
_______________________________ ________________________________ Carolyn Krahn, Secretary/Administrator. David Jenkins Chair.
Municipality of
BAYHAM
A: P.O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1Y0
T: 519-866-5521
F: 519-866-3884
E: bayham@bayham.on.ca
W: www.bayham.on.ca
2024 Budget Approval
Municipality of Bayham Council approved the 2024 Municipal Budget on March 5, 2024 with a 10.33%
Tax Rate increase over 2023. The Notional Value increase of the 2024 budget is 10.33% over 2023.
‘Tax Rates’ are the rates levied against the assessed value of a property.
‘Notional Value’ is the total dollars required for the Municipality of Bayham. In 2023, the Municipality of Bayham experienced slower building and development growth, which
contributed to the tax rate increase. What does this mean for the average property owner? As a result of an increased assessment base and depending on MPAC determined assessment phase-in, as follows: 2024
Assessment Municipal Year over Year Levy Increase/(Decrease)
Residential $ 250,000.00 $ 1,974.02 $ 184.82 Farm $ 400,000.00 $ 726.44 $ 68.02 Commercial $ 250,000.00 $ 3,232.65 $ 302.67 Industrial $ 250,000.00 $ 4,392.38 $ 411.25
NOTE: Actual taxation impacts do not parallel assessment change because of Ontario’s variable tax rate system. Tax rates vary by property class based on tax ratios, which affect the distribution of the tax levy across property classes. The numbers noted in the above table are for illustration purposes only for a property with unchanged year over year assessment. INFRASTRUCTURE GAP Like most municipalities, Bayham has a significant gap between the amount of funds available each year to maintain its infrastructure and the amount of funds needed to ensure infrastructure remains in a state of good repair. This is further detailed in the Municipality of Bayham Asset Management Plan (AMP). From 2023 onward, the Municipality increased the
Capital Levy to fund Project Ojibwa debt and rising future construction costs to meet the AMP targeted increases.
DID YOU KNOW? The Association of Municipalities of Ontario (AMO) identified that Ontario municipalities receive only 9 cents of every tax dollar raised in Ontario, while the Provincial and Federal governments receive 44 cents and 47 cents respectively. In contrast to this, municipalities own 65% of the capital infrastructure, while the Provincial Government owns 31% of
Infrastructure and the Federal Government only 4%
The Municipality of Bayham Asset Management Plan recommends increasing revenues by 1.5% each year for the next 20 years solely for the purpose of phasing in full funding to Capital Assets. The Asset
Management Plan also recommends increasing existing and future infrastructure budgets by the applicable inflation index on an annual basis. In 2024, the Municipality increased the Capital Levy by $150,098. The 2024 Budget generally maintains 2023 service levels while incorporating expenses associated a high period of sustained inflation. The 2024 Budget also works to continue the process of sustainably protecting assets in fair to good condition by extending their useful lives, while also providing for fiscal stability by investing in infrastructure renewal.
Service Area Budget Allocation
Public Works 20.90%
General Government 18.32%
Police Services 13.09%
Fire Services 8.37%
Recycling & Waste Management 4.87%
Development Services 1.45%
Conservation Authority 1.45%
Council 1.39%
Parks & Recreation 1.56%
Tourism & Marketing 0.82%
Straffordville Community Centre 0.81%
Marine Museum 0.57%
By-law Enforcement Services 0.95%
Building Services -0.24%
Municipal Drains 0.07%
Cemeteries 0.28%
Municipal Assistance 0.10%
Capital Programs 25.23%
HIGHLIGHTS OF THE BUDGET INCLUDE:
Development Charges Review Study
Pumper 1 Replacement
Fire Equipment – Technical Rescue, Radios, Bunker Gear
SCC – Cistern for Fire Suppression
Stewart Bridge
Tunnel Line Culvert removal
PW Pickup
Tollgate Road – resurface
Vienna Line – resurface
Roads Need and AMP update
Financial Plans for Water and Wastewater
Richmond Water – equipment updates
Wastewater System Updates
Eden Pump Station Upgrades
Canoe Launch
Rail Trail Works
Marine Museum Accessibility Upgrades
SCC Expansion
Facility Audits
PB Beach Washroom Expansion Eng.
Public Works – HVAC replacement
Official Plan Review
The Municipality has also made application to a number of grant programs in order to complete additional projects that will improve infrastructure and quality of place in the Municipality of Bayham. Additional information is available by viewing Budget Report TR-01/24 re Operating Budget through the
website on the January 9, 2024 Agenda or the 2024 Budgets under the Budgets & Finances section of the website. For further information please contact:Lorne James, CPA, CA
Treasurer Municipality of Bayham 56169 Heritage Line, PO Box 160
Straffordville, ON Office: (519) 866-5521 Email: ljames@bayham.on.ca
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: April 4, 2024
REPORT: CL-03/24 SUBJECT: MUNICIPAL ASSISTANCE FOR COMMUNITY EVENTS POLICY
BACKGROUND
Council received Report CL-02/24 at the March 21, 2024 Regular Meeting of Council and passed
the following resolution:
Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CL-02/24 re Municipal Assistance and Special Event Requests be received for information;
AND THAT staff be directed to report back with one Municipal Assistance / Event Policy to flow through Council for approvals.
DISCUSSION
The draft Policy is attached for consideration. The draft Policy houses all aspects of event approvals to flow through Council for items such as funding for the event, facility rental fee relief, road closures, use of municipal property, and use of municipal materials. The Policy sets out two (2) deadlines for applications to streamline how many reports come to Council with language to allow for a change in the first deadline if the budget is not set within its usual timeline. The policy includes language for Council to deny an event request it is deemed, in Council’s opinion, to be inappropriate, hateful, inciteful, etc. Language is also included to note that late applications will not be considered, and that approvals may be revoked at any time for any reason as deemed necessary by the Municipality. Should Council wish to approve the attached Policy, staff will develop a more detailed application form and circulate to the community groups as soon as possible to collect submissions for approval.
STRATEGIC PLAN
2.1: Quality of Life > To work collaboratively with community organizations and others in ensuring the availability of diverse range of passive recreational, heritage, cultural and other community services that contribute to enriching Bayham’s valued quality of life. Initiative(s): Not applicable ATTACHMENTS
1. Draft Municipal Assistance for Community Events Policy RECOMMENDATION THAT Report CL-03/24 re Municipal Assistance for Community Events Policy be received for
information; AND THAT the Municipal Assistance for Community Events Policy be approved as presented;
AND THAT the appropriate by-law for adoption be presented to Council for enactment.
Respectfully Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Clerk Chief Administrative Officer
Municipal Assistance for Community Events Policy
Section 1 – Purpose This Policy provides the framework and timelines to apply for Municipal Assistance for Community
Events. Section 2 – Scope This Policy applies to community groups or individuals applying for Municipal Assistance for a Community Event that is open to the public. Municipal Assistance may be in the form of funding, facility rental fee relief, road closures, use of municipal property and/or use of municipal materials. Section 3 – Procedure Requests for Municipal Assistance for a Community Event are to be submitted on the prescribed form. The Clerk, or designate, will receive the applications and review for completeness. Complete applications will be circulated to applicable departments for further review and comments prior to being presented to Council. Staff will present the
applications to Council for consideration at the following Council Meetings:
2nd meeting in February (complete applications due by January 31st in a given year)
2nd meeting in June (complete applications due by May 31st in a given year) Approvals will be circulated to the applicants with an Event Checklist that highlights
the necessary requirements to complete prior to the event. Section 4 – General Provisions
a) Applications are to be submitted on the prescribed form through the Municipal website. b) Communications will only be through the contacts listed on the application form.
c) Municipal Assistance funds are to be set by Council during the Operating Budget process. d) Applicants are eligible to apply for up to $2,000 per event. e) Municipal Assistance funds are to be used within the year they are issued.
f) Approval of funding in one year does not guarantee funding in the next. g) Funding is not promised to be available during the second intake of applications if all is allocated during the first intake. h) No delegations to Council will be permitted regarding Municipal Assistance applications. i) Organizers must maintain the required commercial general liability insurance
and name the Municipality of Bayham as an additional insured on the policy.
Proof of insurance must be provided. j) Deposits shall be required for the use of materials as directed by Council. k) Organizers must adhere to additional policies such as the Municipal Alcohol Policy and the Refreshment Vehicle By-law, where applicable. l) In the event that the Operating Budget is not set with adequate time to consider applications at the 2nd meeting of February, the Clerk or designate is to determine the meeting in which to consider applications. m) Late applications will not be considered. n) Council may deny requests in part or full should the proposed event, in Council’s opinion, be inappropriate, hateful, inciteful, not in keeping with the values of the Municipality, or for any other reason. o) Approvals may be revoked at any time for any reason as deemed necessary by the Municipality. Section 5 – Administration This Policy shall be administered by the Clerk or designate.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: April 4, 2024
REPORT: CAO-11/24 SUBJECT: DISPOSITION OF PART 2 – PLAN 11R-11164 – SECTION OF FAYE STREET,
PORT BURWELL
BACKGROUND The Municipality of Bayham owns an undeveloped road allowance in Port Burwell called Faye
Street, which is accessed via Libbye Avenue and is a dead-end with four (4) properties fronting it. Only a small portion of the road allowance is travelled at this time, and only by the landowners of the four properties.
DISCUSSION
Lots 129 and 130 abutting Faye Street have recently changed ownership, purchased by the same party, and the new landowners are interested in acquiring an abutting portion of Faye Street to be included as a part of a cumulative parcel. In discussions with the landowner and in accordance with Municipality’s Sale of Surplus Municipal Lands Policy, the purchasers cover all costs associated with preparation and execution of the sale, including but not limited survey costs, appraisal costs, and legal costs, and compensation for the value of the lands. The landowners are amenable to these terms as they apply to Part 2 on Plan 11R-11164, attached hereto. Part 1 on Plan 11R-11164 will be retained by the Municipality at this time for potential future laneway improvements, and possible drainage works associated with Phase 6 of the Port Burwell Master Drainage Plan. The Fire Chief and Manager of Public Works have been consulted in respect of both options.
In accordance with Policy, staff recommend Council deem Part 2 on Plan 11R-11164 surplus to the needs of the Municipality for purpose of direct sale to landowner, and the appropriate
comment periods to stop-up, close, and convey be commenced.
STRATEGIC PLAN
Not applicable. ATTACHMENTS
1. Plan 11R-11164
RECOMMENDATION
1. THAT Report CAO-11/24 re Disposition of Part 2 – Plan 11R-11164 – Section of Faye Street, Port Burwell be received for information; 2. AND THAT the Council of the Corporation of The Municipality of Bayham deems Part 2 on Plan 11R-11164 surplus to the needs of the Municipality for purpose of direct sale to landowner;
3. AND THAT the appropriate notice and comments periods be commenced in accordance
with the Municipality’s Sale of Surplus Municipal Lands policy to stop-up, close, and convey Part 2 on Plan 11R-11164.
Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z774-2024
UNGER
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 “G” (Calton) by changing the zoning symbol on a portion of the lands from Hamlet Residential (HR) Zone to a Site-Specific Hamlet Residential (HR-14) Zone, which lands are outlined in heavy solid lines and marked “HR-14” on Schedule “G” (Calton) 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 9.12 Exceptions – Hamlet Residential (HR) Zone by adding the following clauses:
9.12.14.1 Defined Area
HR-14 as shown on Schedule “G” (Calton) to this By-law.
9.12.14.2 Regulations for Accessory Buildings
Notwithstanding the regulation of subsection 9.5.1 of this By-law, the Maximum Accessory
Building Height for the existing accessory buildings erected prior to the date of the passing of this By-law shall be 4.9 metres.
Notwithstanding the regulation of subsection 9.7 of this By-law, the Maximum Floor Area for
the existing accessory buildings erected prior to the date of the passing of this By-law shall be 293.0 square metres.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 4TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF APRIL 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z775-2024
GREGORY UNDERHILL FARMS LTD.
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. 13 by changing the zoning symbol on a portion of the lands from Agricultural (A1) Zone to Rural Residential (RR) Zone, which lands are outlined in heavy
solid lines and marked “RR” on Schedule “A” Map No. 13 to this By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “A” Map No. 13 by changing the zoning symbol on a portion of the lands from Agricultural (A1) Zone to Special Agriculture (A2) Zone, which lands are outlined in heavy solid lines and marked “A2” on Schedule “A” Map No. 13 to this By-law, which
schedule is attached to and forms part of this By-law.
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 4TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF APRIL 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z776-2024
LANKHUIJZEN FARMS LTD.
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. 11 by changing the zoning symbol on a portion of the lands from Agricultural (A1) Zone to a Site-Specific Rural Residential (RR-50) Zone, which lands are outlined in heavy
solid lines and marked “RR-50” on Schedule “A” Map No. 11 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:
7.13.50.1 Defined Area
RR-50 as shown on Schedule “A”, Map No. 11 to this By-law.
7.13.50.2 Regulations for Accessory Buildings
Notwithstanding the regulation of subsection 7.11.1 of this By-law, the keeping of livestock shall be prohibited.
Notwithstanding the regulation of subsection 7.11.3 of this By-law, the Maximum Floor Area for the existing accessory building erected prior to the date of the passing of this By-law shall be 285.0 square metres.
3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “A” Map No. 11 by changing the zoning symbol on a portion of the lands from Agricultural (A1) Zone to a Site-Specific Special Agriculture (A2-20) Zone, which lands are outlined in heavy solid lines and marked “A2-20” on Schedule “A” Map No. 11 to this By-law, which schedule is attached to and forms part of this By-law.
4) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 6.12 Exceptions – Special Agricultural (A2) Zone by adding the following clauses:
6.12.20.1 Defined Area
A2-20 as shown on Schedule “A”, Map No. 11 to this By-law.
6.12.20.2 Additional Permitted Uses
An existing supplementary farm dwelling in the form of one (1) permanent building
erected prior to the date of the passing of this By-law to accommodate seasonal farm labourers, in addition to all other permitted uses in the A2 Zone.
5) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 4TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF APRIL 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z777-2024
1985763 ONTARIO INC.
SANDYTOWN SUBDIVISION 34T-BY2101
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule “F” (Straffordville) by changing the zoning symbol on the lands from ‘Holding Village Residential 1 (R1(h2))’ Zone to ‘Village Residential 1 (R1) Zone, which lands are outlined in heavy solid lines and marked “R1” on Schedule “F” (Straffordville) to this By-law, which schedule is attached to and forms part of this By-law.
2) THIS By-law shall come into force on the date of passing.
READ A FIRST TIME AND SECOND TIME THIS 4th DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4th DAY OF APRIL 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z779-2024
SCHEP
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. 3 by changing the zoning symbol on a portion of the lands from ‘Site-Specific Agricultural (A1-29)’ Zone to ‘Site-Specific Agricultural (A1-44)’ Zone,
which lands are outlined in heavy solid lines and marked “A1-44” on Schedule “A”, Map No. 3 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 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses:
5.12.44.1 Defined Area
A1-44 as shown on Schedule “A”, Map No. 3 to this By-law.
5.12.44.2 Additional Permitted Uses
Existing Service Shop (building trades establishment) within an accessory building, in addition to all other permitted uses in the A1 Zone.
5.12.44.3 Maximum Floor Area
520 square metres for the existing Service Shop (building trades establishment)
3) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 4TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF APRIL 2024.
MAYOR CLERK
Z779-2024
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-015 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD APRIL 4, 2024 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other
action by the Council at the Council meeting held April 4, 2024 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 4th DAY OF APRIL, 2024. ____________________________ _____________________________ MAYOR CLERK