HomeMy WebLinkAboutApril 18, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, April 18, 2024
7:00 p.m.
The April 18, 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 April 4, 2024
B. Statutory Planning Meeting held April 4, 2024
C. Court of Revision Meeting held April 4, 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 PS-06/24 by Ed Roloson, Manager of Capital Projects / Water/Wastewater re
Drinking Water Quality Management Standards – Operational Plans – Bayham and
Richmond Water Systems
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Passing re Zoning By-law Amendment ZBA-06/24 Unger
B. Notice of Passing re Zoning By-law Amendment ZBA-07/24 Underhill
C. Notice of Passing re Zoning By-law Amendment ZBA-08/24 Lankhuijzen
D. Notice of Passing re Zoning By-law Amendment ZBA-03/24 Schep
E. Notice of Public Meeting re Proposed Minor Variance A-02/24 Froese
F. Notice of Public Meeting re Proposed Minor Variance A-04/24 Sawatzky & Friesen
G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-12/24 Asher
H. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-13/24 Dan
Froese Farms Inc.
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-24/24 by Scott Sutherland, CBO re 1st Quarter Building Services Report
B. Report DS-27/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Development Agreement re Minor Variance A-03/24 Roy Shcrijver Farms Ltd. 53777
Talbot Line
C. Report DS-28/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Temporary Use and Demolition Agreement Baldwin, 56444 Talbot Line
D. Report DS-29/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-11/24 Peters, 9704 Plank Road
E. Report DS-30/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-05/24 CHR Farms Ltd., 56573 Calton Line
F. Report DS-31/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E35-24 Jurenas, 10122 Sandytown Road
G. Report DS-32/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E75-23 Giesbrecht, 11450 Ridge Line
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H. Report DS-33/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Development Amending Agreement Froese, 57268 Calton Line
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. City of Guelph re Support the Decision of the Ontario Energy Board (OEB) to end the
Subsidization of Fossil Gas
B. County of Prince Edward re Municipal Accessibility Fund
C. Town of Goderich re Recommended Phase-Out of Free Well Water Testing in the 2023
Auditor Generals Report
D. City of St. Catharines re Urgent Need for Increased Funding for Museums and Libraries
E. City of Brantford re Home Heating Sustainability
F. Ministry of Finance re Municipal Taxation Announcements
G. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Housing Market
Update for March 2024
H. Long Point Region Conservation Authority re March 1, 2024 Meeting Minutes
I. Elgin County re April 9, 2024 County Council Highlights
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CAO-13/24 by Thomas Thayer, CAO re Extension of Site Plan Agreement –
Graham Estates Inc. o/a Legend Rubber Inc. 56957 Talbot Line, SPA-03/22
B. Report CAO-14/24 by Thomas Thayer, CAO re Site Plan Agreement – Blatz, 12
Elizabeth Street, SPA-01/24
14. BY-LAWS
A. By-law No. 2024-004 Being a by-law to provide for drainage works in the Municipality
of Bayham in the County of Elgin known as the Peters Drain Branch D (third reading)
B. By-law No. 2024-016 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and R & N Maintenance for
pavement marking services
C. By-law No. 2024-017 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Wilson’s Lawn Care for lawn
maintenance services
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D. By-law No. 2024-018 Being a by-law to adopt a municipal assistance for community
events policy
E. By-law No. 2024-019 Being a by-law to authorize the execution of a development
agreement between Roy Schrijver Farms Ltd. and the Corporation of the Municipality of
Bayham
F. By-law No. 2024-020 Being a by-law to authorize the execution of a temporary use
and demolition agreement between Dale and Wendy Baldwin and the Corpocation of the
Municipality of Bayham
G. By-law No. 2024-021 Being a by-law to authorize the execution of a development
amending agreement between Isaac and Maria Froese and the Corporation of the
Municipality of Bayham
H. By-law No. Z761-2023 Being a by-law to amend By-law No. Z456-2003, as amended –
Blatz (third reading)
I. By-law No. Z773-2024 Being a by-law to amend By-law No. Z456-2003, as amended –
CHR Farms Ltd.
J. By-law No. Z778-2024 Being a by-law to amend By-law No. Z456-2003, as amended –
Peters
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
A. 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. 2024-022 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, 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 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 MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS
TREASURER LORNE JAMES 1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:04 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Chilcott declared a pecuniary interest to item 12.2 E when the item arose. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 13.2 C Report TR-11/24 by Lorne James, Treasurer re 2024 Q1 Variance Report 4. ANNOUNCEMENTS
Mayor Ketchabaw noted that the Municipality may be busier than usual on Monday, April 8, 2024 for the Solar Eclipse since Bayham is within the path of totality. He advised that eclipse glasses can be picked up at the Municipal Office and Libraries while supplies last.
5. PRESENTATIONS 6. DELEGATIONS
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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 Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler THAT the minutes of the Regular Meeting of Council held March 21, 2024 and the minutes of the Statutory Planning Meeting held March 21, 2024 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report BL-03/24 by Stephen Miller, By-law Enforcement Officer re Refreshment Vehicle Licensing By-law
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler
THAT Report BL-03/24 re Refreshment Vehicle Licensing be received for information; AND THAT Council directs staff to report back with a draft Refreshment Vehicle
Licensing By-law that:
Licenses a variety of stationary refreshment vehicle types, on private property only
Requires a criminal records/vulnerable sector screening
Requires $2m in commercial general liability coverage
Exempts refreshment vehicles associated with an approved special event
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AND THAT staff consider fees from adjacent municipalities when reviewing refreshment
vehicle fees for the revised by-law.
CARRIED
The Council Meeting recessed at 7:32 pm for a Statutory Planning Meeting
The Council Meeting resumed at 7:38 pm.
B. PS-04/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re Tender Award – RFT 03-24 2024-2026 Lawn Maintenance Services Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report PS-04/24 re Tender Award – RFT 03-24 – 2024-2026 Lawn Maintenance Services be received for information; 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; 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. CARRIED
C. PS-05/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re Tender Award – RFT 02-24 Pavement Markings Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler
THAT Report PS-05/24 re Tender Award – RFT 02-24 – Pavement Markings be received for information;
AND THAT 2024-2026 Pavement Markings be awarded to R an N Maintenance in accordance with their tender submission in the amount of $12.00/litre + HST;
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.
CARRIED
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.
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B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-11/24 Peters Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson THAT items 12.1 A & B be received for information. CARRIED 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
Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DR-06/24 re 2024 1st Quarter Drainage Report be received for information. CARRIED B. Report DS-18/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-06/24 Unger 53579 Calton Line Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott 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.
CARRIED
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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 Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler 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.
CARRIED
The Council Meeting recessed at 8:00 pm for a Drainage
Court of Revision Meeting
The Council Meeting resumed at 8:10 pm and took a break until 8:20 pm D. Report DS-20/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-08/24 Lankhuijzen Farms Ltd. 55106 Vienna Line Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 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
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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.
CARRIED
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.
Councillor Chilcott stepped away from the Council table at 8:25 pm Moved by: Councillor Froese Seconded by: Councillor Emerson 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.
CARRIED
Councillor Chilcott returned to the Council table at 8:29 pm
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
Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese 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;
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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. CARRIED
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
Moved by: Councillor Froese Seconded by: Councillor Chilcott
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; 3. That the Owner provides written confirmation from a licensed septic installer
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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 deposit does not cover the costs of the revised assessment schedule, the applicant
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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.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
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 Moved by: Councillor Emerson Seconded by: Councillor Froese THAT items 13.1.1 A – K be received for information; AND THAT Council for the Municipality of Bayham supports item B.
CARRIED 13.1.2 Requiring Action
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13.2 Reports to Council
A. Report CL-03/24 by Meagan Elliott, Clerk re Municipal Assistance for Community Events Policy
Moved by: Councillor Emerson Seconded by: Councillor Chilcott
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.
CARRIED B. Report CAO-11/24 by Thomas Thayer, CAO re Disposition of Part 2 – Plan 11R-11164 – Section of Faye Street Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-11/24 re Disposition of Part 2 – Plan 11R-11164 – Section of Faye Street, Port Burwell be received for information; 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;
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.
CARRIED C. Report TR-11/24 by Lorne James, Treasurer re 2024 Q1 Variance Report Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Staff Report TR-10/24 re 2024 Q1 Variance Report be received for information; AND THAT Council direct staff to re-invest the combined $1,510,000 into 11-month GICs;
AND THAT Council direct staff to invest $1,000,000 in cash-on-hand into 11-month
GICs.
CARRIED
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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
Moved by: Councillor Emerson Seconded by: Councillor Froese THAT By-law Nos. Z774-2024, Z775-2024, Z776-2024 and Z779-2024 be read a first,
second and third time and finally passed. CARRIED
Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT By-law No. Z777-2024 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 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)
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B. Confidential Item re personnel matters about an identifiable individual (CAO
Performance Review) CARRIED
16.2 Out of Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Council do now rise from the “In Camera” Session at 11:07 p.m. and report on 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) and Confidential Item re personnel matters about an identifiable individual (CAO Performance Review).
CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT in accordance with Section 11.30 of Procedural By-law No. 2023-021, the Council Meeting be extended past 11 pm. CARRIED
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT 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) be received for information; AND THAT staff proceed as directed.
CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese
THAT Confidential Item re personnel matters about an identifiable individual (CAO
Performance Review) received for information; AND THAT the Mayor proceed as directed.
CARRIED
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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
Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Confirming By-law No. 2024-015 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council meeting be adjourned at 11:09 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, April 4, 2024 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-05/24 CHR Farms Ltd. – 56573 Calton Line B. Proposed Zoning By-Law Amendment ZBA-11/24 Peters – 9704 Plank Road 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 TREASURER LORNE JAMES PUBLIC ATTENDEES A: N/A
PUBLIC ATTENDEES B: N/A
APPLICATION A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:32 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 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-05/24 CHR Farms Ltd. – 56573 Calton 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
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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. 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 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-05/24 is now complete at 7:35 p.m.
CARRIED APPLICATION B
9. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:36 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-11/24 Peters – 9704 Plank Road 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.
13. PUBLIC PARTICIPATION
No public participation.
14. CORRESPONDENCE No correspondence. 15. OTHER BUSINESS No other business.
16. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler 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-11/24 is now complete at 7:37p.m. CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Thursday, April 4, 2024 8:00 p.m. – Eden Drain Branch C
The April 4, 2024 Eden Drain Branch C Court of Revision 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 MANAGER OF PUBLIC WORKS|DRAINAGE SUPERINTENDENT STEVE ADAMS TREASURER LORNE JAMES 1. CALL TO ORDER
Mayor Ketchabaw called the Court of Revision for the Eden Drain Branch C to order at 8:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared.
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
A. Eden Drain Branch C Notice of Court of Revision
Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to
appeal their assessment as per Engineers Report #223217, dated January 29, 2024 as prepared by Spriet Associates. 4. STAFF PRESENTATION A. Report DR-07/24 by Steve Adams, Manager of Public Works / Drainage Superintendent re Eden Drain Branch C Court of Revision
S. Adams presented Report DR-07/24 and confirmed that no appeals were received by the Clerk.
Members discussed the initial costs imposed on the land owner who initiated the request and how future maintenance costs would occur.
5. PUBLIC PARTICIPATION No public participation.
6. DISPOSITION Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DR-07/24 re Eden Drain Branch ‘C’ Court of Revision be received for information;
AND THAT the Court of Revision acknowledge that no appeals have been received with respect
to the Eden Drain Branch ‘C’ assessments outlined in Engineer’s Report #223217;
AND THAT Engineer Report #223217, dated January 29, 2024, for the Eden Drain Branch ‘C’
be adopted as presented;
AND THAT corresponding By-law No. 2024-010 be presented to Council for a third and final
reading.
CARRIED
7. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Emerson THAT the Court of Revision for the Eden Drain Branch C be adjourned at 8:09 p.m.
CARRIED
MAYOR CLERK
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Ed Roloson, Manager of Capital Projects – Water/Wastewater
DATE: April 18, 2024
REPORT: PS-06/24
SUBJECT: DRINKING WATER QUALITY MANAGEMENT STANDARDS – OPERATIONAL
PLANS – BAYHAM AND RICHMOND WATER SYSTEMS
BACKGROUND
Municipal drinking water systems owners are required to operate their water systems with a valid
license and incorporate a quality management system into their operations as implemented under
the Safe Drinking Water Act.
Licenses are issued by the MECP (Ministry of the Environment, Conservation and Parks) to the
owners upon approval of a drinking water works permit, an acceptable operational plan from the
operating authority that documents a quality management system (endorsed by the system
owners), an accredited operating authority, a financial plan for the system(s), and a permit to take
water if applicable.
DISCUSSION
Operational plans as part of the Drinking Water Quality Management Standard were introduced in 2007 and must be re-endorsed at the beginning of a new Council term or when operational changes occur to the system. Annual third-party audits have indicated that the Bayham and
Richmond water system operational plans have successfully conformed to the standard. Associated costs to maintain each system plan as well as auditing fees are captured within each systems approved annual operating budget. As a cost containment measure, staff have confirmed with the MECP and our third-party auditing agency that the two operational plans could be incorporated under one plan which would result in favourable savings. Staff anticipate approximately $1200 in direct costs savings as well as significant internal savings as a result of reduced duplication associated with administering/managing two separate system plans. STRATEGIC PLAN
1.1: Quality of Place > To invest in community infrastructure initiatives that create an effective foundation that contribute to Bayham’s quality of life and economic prospects.
Initiative(s): Focus on core infrastructure based on the Asset Management Plan and compliance with legislation 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community Initiative(s): Not Applicable ATTACHMENTS 1. Bayham Water Distribution and Richmond Community Water Supply System – Quality Management System Operational Plan – Revision 1.0 dated April 10, 2024 RECOMMENDATION
1. THAT Staff Report PS-06/24 re Drinking Water Quality Management Standards be
received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham endorse
the combined Bayham Water Distribution System and the Richmond Community Water Supply System Operational Plan; 3. AND THAT the Operational Plan be reviewed annually by staff and revisions made as necessary to maintain and improve the quality management system.
Respectfully Submitted by: Reviewed by: Ed Roloson Thomas Thayer, CMO, AOMC
Manager of Capital Projects – Chief Administrative Officer Water/Wastewater
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MUNICIPALITY OF BAYHAM
Bayham Water Distribution System
And Richmond Community
Drinking Water System
Quality Management System
Operational Plan
PREPARED BY: MUNICIPALITY OF BAYHAM QUALITY MANAGEMENT SYSTEM TEAM Revision 1.0 April 10, 2024
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OPERATIONAL PLAN REVISION HISTORY
Date Revision # Description of Revision March 28, 2024 Revision 1.0 Combination of Bayham Water Drinking System DWQMS OPS Plan & The Richmond Community Water Supply System DWQMS OPS Plan as suggested by Intertek SAI Global and Approved by the MECP
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MUNICIPALITY OF BAYHAM
QUALITY MANAGEMENT SYSTEM
OPERATIONAL PLAN
Table of Contents
1. Quality Management System Pg. 4 2. QMS Policy Pg. 4 3. Commitment and Endorsement Pg. 5 4. QMS Representative Pg. 5
5. Document and Records Control Pg. 6 6. Drinking Water System Pg. 6 7. Risk Assessment Pg. 8 8. Risk Assessment Outcomes Pg. 8 9. Operational Structure, Roles, Responsibilities and Authorities Pg. 8
10. Competencies Pg. 9 11. Personnel Coverage 24/7 Pg. 10 12. Communication Pg. 11 13. Essential Suppliers and Services Pg. 12 14. Review and Provision of Infrastructure Pg. 13
15. Infrastructure Maintenance, Rehabilitation and Renewal Pg. 13 16. Sampling, Testing and Monitoring Pg. 14 17. Measurement and Recording Pg. 15 18 Emergency Management Pg. 15 19. Internal Audit Pg. 16
20. Management Review Pg. 16 21. Continual Improvement Pg. 16 APPENDIX A - Council and Top Management Endorsement Pg. 17 APPENDIX B - Organizational Structure Pg. 18
APPENDIX C-1- Process Flow Chart - Bayham Pg. 19 APPENDIX C-2- Process Flow Chart – Richmond Pg. 20 APPENDIX D - Operational Responsibilities and Authorities Pg. 22
Procedure A - Document and Record Control Pg. 22
Procedure B - Risk Assessment and Outcomes Pg. 27 Procedure C - Personnel Coverage 24/7 Pg. 52 Procedure D - Water Supply Emergency Plan Pg. 53 Procedure E - Internal Audit Pg. 60
Procedure F - Management Review Pg. 62
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1. QUALITY MANAGEMENT SYSTEM
This document will be the Quality Management System Operational Plan for the Bayham Water Distribution System (DWS#260004748) and the Richmond Community Drinking Water System (DWS # 260074854). The Municipality of Bayham is the owner and
operating authority of the said systems.
The Quality Management System for Bayham covers the transmission and distribution of potable drinking water to consumers within the Municipality of Bayham. Treated potable
drinking water is purchased from the producer, Elgin Area Water Treatment Plant. The
water enters the Bayham distribution system from the Port Burwell Secondary Water Supply System. The Bayham Water Distribution System transmits and distributes potable drinking water to the communities of Port Burwell and Vienna. The Quality Management System for Richmond covers the wells, treatment and distribution of potable drinking water to consumers within the village of Richmond.
2. QUALITY MANAGEMENT SYSTEM POLICY
The Municipality of Bayham and the Richmond Community Water Supply System is
committed to comply with applicable regulations set forth by the Safe Drinking Water Act (SWDA) 2002 – Ontario Regulation 170/03 Drinking Water Systems Regulation and Ontario Regulation 169/03 Ontario Drinking Water Quality Standards and other requirements. The Municipality of Bayham will supply clean safe drinking water to meet consumer requirements and is committed to the maintenance and continual improvement
of the Quality Management System.
(April 2024)
This Quality Policy is applicable to all water department employees and is displayed in public areas of the municipal administrative offices located at 56169 Heritage Line, Straffordville, the Port Burwell Wastewater Treatment plant at 1 Chatham Street, Port Burwell, the Richmond Pump house at 9190 Richmond Road, Richmond, and on the municipal website (www.bayham.on.ca).
The Quality Management System Policy statement is to be reviewed during the annual management review.
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3. COMMITMENT AND ENDORSEMENT
The owner (Mayor and Council) has passed a motion to endorse the operational plan of the DWQMS and the plan be reviewed annually with revisions made as necessary to maintain and continually improve the quality management system.
Upon major changes to the system, change in top management and/or council, the operational plan requires re-endorsement by the Owner and Top Management.
Re-endorsement is required by the Owner when there is a change in Mayor or Council
members during the term of Council and Top Management when there is a major change in the Operational Plan or when there is change in personnel.
See Appendix A
Through water publications, association memberships, ministry newsletters and on-going training requirements, these resources of regulatory requirements help to maintain and improve the quality management system. Any actions undertaken to completion are
tracked through the Municipality of Bayham Continual Improvement Tracking Spreadsheet.
4. QUALITY MANAGEMENT SYSTEM REPRESENTATIVE
The Manager of Water/Wastewater Operations will be the QMS representative or in his absence, a Certified Operator.
The QMS representative will develop, implement, maintain and report the effectiveness, including the need for improvement of the QMS to the owner and ensure that the current versions of the documents required by the QMS are in use at all times. The representative will promote the QMS throughout the water department and see that
personnel are aware of all current legislation and regulatory requirements that are relevant to the operation.
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5. DOCUMENT AND RECORDS CONTROL
All records required by the Ministry of the Environment, Conservation and Parks O Reg. 128/04 and O. Reg. 170/03 to demonstrate compliance and or conformance shall be
maintained per the regulations. In summary, the following documents and records are
retained; 2 years - Operational and Maintenance Checks Records, Microbiological Sampling and Testing Results and Corrective Action Reports for Microbiological (AWQI) 5 years – Logbooks
6 years – THM, HAA, Nitrate/Nitrite and Lead Parameter Sample Results and Annual
Summary Reports 15 years – Sodium, Fluoride, Inorganic, Organic and Radiological Parameter Sample Results, Corrective Action Reports for Chemical, Radiological, Pesticides and Sodium (AWQI) and Engineering Reports if applicable
The operational plans that were the subject of an audit, as required by Section 4.0.1 of the Director’s Directions Minimum Requirements for Operational Plans (July 2007), will be retained for 10 years.
The municipality complies with Provincial Records Management through By-Law 2014-091 Records Retention.
See Procedure A
6. DRINKING WATER SYSTEMS
Bayham Distribution
The Municipality of Bayham is the owner and operating authority of the Bayham Distribution System (DWS#260004748). As shown on the organizational structure, the Mayor and Council are the head of the Municipality, and the operating responsibility is
delegated to the staff. See Appendix B for the organizational structure. The Bayham Water Distribution System transmits and distributes potable drinking water to the communities of Port Burwell and Vienna.
A system description can be found in the Bayham Water Distribution System Operations/Management Manual Section 1 – Distribution System Operations and
Management.
All customers within the Bayham Water Distribution System are metered and the meters are read on a bi-monthly basis. There is no discount within our system for larger users. All bills are calculated on a cubic metre rate.
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Treated potable drinking water is purchased from the producer, Elgin Area Water
Treatment Plant. The most recent annual and quarterly water quality reports can be found on the Lake Huron & Elgin Area Primary Water Supply Systems website
https://huronelginwater.ca/consumer-resources/water-quality/
https://huronelginwater.ca/consumer-resources/consumer-reports/
The water enters the Bayham distribution system from the Port Burwell Area Secondary Water Supply System. The Port Burwell Area Secondary System runs along Nova Scotia Line to the Port Burwell Tower and Lakeview Re-chlorination Facility. Both of these facilities maintain secondary disinfection using sodium hypochlorite complete with continuous on-line analyzers, data loggers and alarms. On Nova Scotia Line, the services
and hydrants are the responsibility of the municipality (Bayham and Malahide) in which
they are located. Water volumes entering the Bayham Water Distribution System are metered at the Port Burwell and Vienna water meter chambers.
Event driven fluctuations are originated from the Elgin Area Water Treatment Plant (i.e. Taste and odour) and along the Port Burwell Area Secondary System (i.e. pressure changes related to water tower levels). The Bayham Water Distribution System has no
control over these event driven fluctuation. Bayham is the end user of the Elgin Area Water Treatment Plant/Port Burwell Area Secondary System and rely on the safe delivery of the water to our distribution system. The system is operated in conformance with the approved Municipal Drinking Water Licence Number 061-101 Issue Number 4 and Drinking Water Works Permit Number 061-201 Issue Number 4.
See APPENDIX C-1
Richmond System The Municipality of Bayham is the owner and operating authority of the Richmond
Community Drinking Water System (DWS # 260074854). As shown on the organizational structure, the Mayor and Council are the head of the Municipality and the operating responsibility is delegated to the staff. See Appendix B for the organizational structure. The Richmond Community Drinking Water System supplies, treats and distributes potable drinking water to the village of Richmond. The Richmond Community Drinking Water
System consists of a Class II Water Treatment subsystem and a Class I Water Distribution
subsystem. A system description can be found in the Richmond Community Drinking Water System Operations/Management Manual Section 1 Subsection 3 – Richmond Community Water
Supply System Operations and Management Manual.
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All customers within the Richmond Community Drinking Water System are metered and the meters are read on a bi-monthly basis. There is no discount within our system for larger users. All bills are calculated on a cubic metre rate.
Process Diagram and Distribution Map can be found in the Richmond Community
Drinking Water System Operations/Management Manual Section 3 – Process Diagram and Distribution Map. All customers within the Richmond Community Drinking Water System pay a rate which
is determined on an annual basis.
The system is operated in conformance with the approved Municipal Drinking Water Licence Number 061-102 Issue Number 3 and Drinking Water Works Permit Number 061-201 Issue Number 4.
See Appendix C-2
7. & 8. RISK ASSESSMENT AND OUTCOMES See Procedure B 9. OPERATIONAL STRUCTURE, ROLES, RESPONSIBLITIES AND AUTHORITIES The Manager of Water/Wastewater Operations shall keep the operational structure, organizational structure, respective roles, responsibilities and authorities current, and
shall communicate this information to the owner and personnel. (See Municipality of Bayham Essential Supplies, Services and Emergency Contact List in both the Bayham Water Distribution Operation/Management Manual Section 5 and the Richmond Community Drinking Water System Operation/Management Manual Section 6 – Contact
List regarding names of persons having top management responsibilities.)
See Appendix B
See Appendix D
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10. COMPETENCIES
The following table illustrates the competencies required by personnel whose duties directly affect water quality Function Required Competencies Desired Competencies
Manager of Water/Wastewater Operations
Minimum 10 years Class I operation
Development of all capital and
operational budgets
WHMIS
First Aid (including CPR)
Leadership
Training
Confined Space Training
Minimum Class I Water Distribution Subsystem certification
Water/Wastewater Operations Supervisor
Class II Water Treatment and Class I Water Distribution Subsystem certification
Minimum 3 to 5 years operating experience
Strong knowledge and understanding of all capital and operational budgets
WHMIS
First Aid (including CPR)
Leadership training – supervisory skills
Confined Space Training
Strong knowledge of provincial
legislation and policies regarding
operations of municipal water
Operators Operator in Training to Class II Water Treatment and Class I
Water Distribution Subsystem certification
Internal auditor training
WHMIS
Confined Space Training
First Aid (including
CPR)
New operator operational plan reviews
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The Municipality of Bayham Water Department provides for training in their annual budget process. At a minimum the training budget includes funding for legislated and required training to maintain operator certification in accordance with O. Reg. 128/04.
Training and knowledge gained may take the form of on or off-site training sessions and
seminars, on-the-job, distance learning or courses of study. Where appropriate, proof of participation or proficiency will be required as proof of competency.
Through internal audits, risk assessments of the operational plan, QMS changes/updates
through staff meetings (communications), annual training (On-The-Job and/or Director Approved), personnel are aware of the relevance of their duties and how they affect safe drinking water quality. 11. PERSONNEL COVERAGE The water department is staffed from Monday to Friday 8:00 AM to 4:30 PM five days per week. The Manager of Water/Wastewater Operations oversees the operations of the Bayham Distribution system and Richmond Community Drinking Water System. The
overall responsible operator (ORO) is designated by the Manager of Water/Wastewater Operations, as approved by council, on a weekly basis and is tracked through the water system logbook and timesheets.
See Procedure C
An on-call operator is assigned by the Manager of Water/Wastewater Operations on a weekly basis to respond to after-hour and weekend emergencies. When on-call the
operator is required to remain within one hour driving time of the municipal water system. The Richmond Community Drinking Water System operation is ultimately controlled based upon the demand in the village via pressure discharge measurements. The Municipality’s SCADA system indicates to the WTP’s PLC when treated water is required
to be pumped into the distribution system. A series of treatment and process alarms in the alarms system on the SCADA system as described in the Richmond Community Drinking Water System Operations/Management Manual Section 1 Subsection 8 – Unit Operations and Section 4 Design Brief and Control Narrative send out alarms to an on-call operator via alarm dialer. The alarm dialer bumps numbers until either the manager
or one of the operators is contacted.
The 24/7 personnel coverage procedure (general public alarms) shows how after hours emergencies are handled. Spectrum Communications bumps numbers until either the manager or one of the operators is contacted
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The Municipality of Bayham is a member of OnWARN (Ontario Water/Wastewater Agency Response Network). OnWARN is a network of utilities helping other utilities to respond to and recover from emergencies. The OnWARN contact list can be found in the Richmond Community Drinking Water System Operations/Management Manual Section
6 – Contact List and Forms. If the municipality requires assistance in recovering from and
responding to emergencies, the CAO and Treasurer have access to the OnWARN list and the authority to request for external Operator assistance. The municipality is committed to ensuring that adequate staff meet the required
competencies are available for duties that affect drinking water quality.
Recent amendments to Ontario Regulation 128/04 Certification of Drinking Water System Operators and Water Quality Analysts are intended to provide systems with temporary staffing options (e.g. use of knowledgeable non-certified persons) during an emergency
that could adversely affect the operation of a system resulting in a drinking water hazard. The new provisions are available if there is reasonable grounds for believing that there is an existing or impending critical shortage of certified operators and the use of non-certified persons is necessary to ensure the safe and efficient operation of the subsystem and continued provision of safe drinking water. The use of temporary measures is also
subject to applicable labour laws and collective agreements.
Regulatory relief as a result of COVID-19 can be applied for. The ministry (MECP) will evaluate requests on a case by case basis through an application for relief. All relief is issued with an expiry date.
12. COMMUNICATION
The QMS representative shall ensure the owner (Mayor and Council) is provided with a
current copy of the Operational Plan. The QMS representative shall keep the owner
informed of any changes to the QMS, the adequacy of infrastructure requirements, the outcome of management reviews and other issues related to the QMS on an annual basis. Personnel will be informed of the QMS and of any changes or updates through staff
meetings with the QMS representative. A current version of the Operational Plan is
available for review by staff at the water department office and at the municipal office.
Essential suppliers shall receive information regarding the QMS from the purchaser if and
when necessary. Water works suppliers will be advised of Municipal Standards via e-
mails to ensure material standards. Consumers may be informed of the QMS and any significant changes by newsletters and flyers or handouts.
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The QMS policy will be posted at the water department office and at the municipal office.
It can be also viewed on the municipal website.
13. ESSENTIAL SUPPLIERS AND SERVICES
Where applicable, supplies must meet or be equal to AWWA, NSF or ANSI specifications. Supplies are verified against the order requisition when received.
Laboratory analysis services provided require accreditation through CALA (Canadian Association For Laboratory Accreditation Inc.). Accreditation certificate copies and a list of licensed laboratories available from the Ministry of the Environment, Conservation and Parks can be found in the Bayham Distribution Operations/Management Manual Section 4 and Richmond Community Water Supply System Operations/Management Manual
Section 7 – Sampling Practices and Lab Accreditation. Verification/Calibration of measurement and recording equipment (i.e. portable chlorine analyzers) services provided, a copy of the Statement of Qualifications/Accreditations is located in the Bayham Distribution Operations/Manual Section 4 - Calibration Reports
and Richmond Community Water Supply System Operations/Management Manual Section 7 – Calibration Reports. A list of suppliers and contractors has been developed and can be found in the Bayham Distribution Operations/Management Manual Section 5 and the Richmond Community
Drinking Water System Operations/Management Manual Section 6 – Contact List and Forms (Municipality of Bayham Water Department Essential Supplies, Service and Emergency Contact List) in the water department office. This list is reviewed annually by the Water/Wastewater Operations Manager to ensure that it is current and up-to-date.
The Municipality of Bayham is a member of OnWARN (Ontario Water/Wastewater Agency Response Network). OnWARN is a network of utilities helping other utilities to respond to and recover from emergencies. The OnWARN contact list can be found in the Richmond Community Water System Operations/Management Manual Section 6 –
Contact List and Forms.
Only authorized municipal employees can purchase or engage service providers as listed as set out in By-Law 2012-122 Procurement Policy.
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14. REVIEW AND PROVISION OF INFRASTRUCTURE
The Municipality of Bayham will review infrastructure used for the operation and maintenance of the Bayham Distribution system and the Richmond Community Drinking Water System on an annual basis. The Water/Wastewater Operations Manager completes the review with input from staff as needed.
The adequacy of the infrastructure to operate and maintain the distribution system may
be assessed based on performance measures (water quality trends), engineering
consultant reports if applicable , Ministry of Environment, Conservation and Parks (MECP) reports and orders if applicable, risk assessment outcomes and input from operators/public (water department staff suggestions and consumer complaints.
Upon the completion of the infrastructure review, the Water/Wastewater Operations
Manager will prepare a budget report that summarizes findings based on the review and outlines the infrastructure needs. These needs are to be organized into two categories: operations/maintenance and capital. This report is presented for council`s consideration during annual budget deliberations. The Review and Provision of Infrastructure Checklist
Form (found within the Master Document List) will be utilized during the review process. 15. INFRASTRUCTURE MAINTENANCE, REHABILITATION AND RENEWAL Water/Wastewater staff of the Richmond Community Drinking Water System carries out
the infrastructure maintenance, rehabilitation and renewal programs for the distribution system. These programs are influenced by the following; - Manufacturer guidelines - Equipment manuals - Operations/ maintenance manual
- Incoming customer service calls - Operator input based on daily rounds and - Yearly budgets and reports The Water/Wastewater department is responsible for administering capital programs
related to the Bayham Distribution System and the Richmond Community Drinking Water System infrastructure. This includes collaborating with the Water/Wastewater Operations Manager to plan and prepare for maintenance, rehabilitation and renewal activities and corresponding budgets.
The following routine planned maintenance is conducted on the Bayham Distribution System: annual valve inspection/exercising, annual hydrant flushing, annual hydrant inspection, annual pressure testing, leak detection as required, annual inspection of water main chambers, as well as the activities required for maintaining the Vienna Booster station as listed in the preventative maintenance binder at the water department office
The following routine planned maintenance is conducted on the Richmond Community
Drinking Water System: annual valve inspection/exercising, annual blow-off flushing,
annual blow-off inspection, annual pressure testing, leak detection as required, as well as
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the activities required for maintaining the pump house as listed in the preventative
maintenance binder at the water department office. Currently The Bayham Distribution and Richmond has a work order system on Laserfiche which issues work orders on a weekly, monthly, quarterly or annual basis depending on manufacture recommendations or schedules. Once work orders are completed, they are
achieved in Laserfiche and may be reviewed through the secure Laserfiche Weblink. All hard copy records are maintained at the water department office in the appropriate binders using the forms maintained in the back of the binder. All records are retained at the water department office. Infrastructure maintenance, rehabilitation and renewal programs used for the operation of the Bayham distribution System and the Richmond Community Drinking Water System
are reviewed periodically to determine the effectiveness.
Water main or other equipment replacement is conducted on an as-needed basis. Long term forecast of major infrastructure maintenance, rehabilitation and renewal activities as well as consideration of the system risk outcomes are tabulated within the 10 year capital budget process for council`s consideration on an annual basis.
The 10 year capital budget process is developed by utilizing trends from past
maintenance (planned and unplanned) as well as infrastructure life cycling as set out in
the Bayham Asset Management Plan. 16. SAMPLING, TESTING AND MONITORING
All sampling, monitoring and testing is conducted at a minimum in accordance with SDWA
O. Reg. 170/03. Adverse water quality incidents are responded to and reported as stated in the Operations Manual.
Samples are submitted to an accredited and licensed laboratory according to the facility’s sampling schedule as stated in the Bayham Distribution Operations/Management Manual Section 4 And the Richmond Community Drinking Water System Operations/Management Manual Section 7 – Sampling Practices and Lab Accreditation.
All analytical results from laboratory reports are kept and maintained as per Document and Record Control. Sampling, testing and monitoring results are readily accessible to the owner. As a minimum, owners are provided with an annual summary of sampling, testing and monitoring results through SDWA O.Reg. 170/03 sections 11, schedule 22
and through the Management Review process.
Sampling schedule and monitoring and control can be found in the Bayham Distribution System Operations/Management Manual Section 1 and the Richmond Community Drinking Water System Operations/Management Manual Section 8 – Richmond
Community Drinking Water System Operations and Management Manual.
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17. MEASUREMENT AND RECORDING EQUIPMENT CALIBRATION AND MAINTENANCE
A contractor will perform a verification/calibration test on the portable hand–held chlorine, and turbidity analyzers annually. Verification/calibration records are located in the
Bayham Distribution System Operations/Management Manual Section 4 and in the
Richmond Community Drinking Water System Forms and Reports Section 7 – Calibration Reports. . The continuous on-line chlorine and turbidity analyzers are recommended to be checked
regularly to ensure accuracy. This is accomplished through the comparison with the
portable hand-held and calibrated units. The continuous on-line analyzers are calibrated following manufacturer’s manuals and recommendations.
A contractor will perform calibration on the raw well and treated flow meters on an annual
basis. The records of calibration are maintained and kept as per Documents and Records Control.
18. EMERGENCY MANAGEMENT
The contamination of the treated water supply and a major or prolonged loss of water supply are deemed to be emergency situations. The Risk Assessment chart contained in the QMS Operational Plan (PROCEDURE B) can be referenced, for emergency
procedures and contingency plans.
The Municipality of Bayham has created an Emergency Response Plan as established under By-law 2006-113. The custodian of this plan shall be the Corporation of the
Municipality of Bayham Community Emergency Management Coordinator and
Community Emergency Management Program Committee, who are responsible for the annual review, revisions and testing of the plan. A specific water supply emergency plan (PROCEDURE D) forms part of the said Municipal Emergency Response Plan along with contingency plans and Procedural Guideline of Providing Water within Bayham
Distribution and the Richmond Community Drinking Water System during a Prolonged
Outage (Bayham Water Distribution system Operations/Management Manual Section 3) and (Richmond Community Drinking Water System Operations/Management Manual Section 5). A list of emergency contacts and essential suppliers and services along with OnWARN (Ontario Water/Wastewater Agency Response Network) member contact list
are found in the Bayham Operations/Management Manual Section 5 Richmond
Community Drinking Water System Operations/Management Manual Section 6 – Contact List and Forms (Municipality of Bayham Water Department Essential Supplies, Service and Emergency Contact List) in the water department office.
The QMS Representative will keep the emergency contacts and essential suppliers and
services list current.
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The responsibilities of all affected positions within the municipality during an emergency are listed in the municipal emergency plan as is in the emergency protocol.
All water department staff is required to review the emergency plans to coincide with the
risk assessment every 3 years through informal or formal review and/or training. Desktop simulations may be planned and documented during review of emergency plans to keep all water personnel up to date on the emergency procedures.
19. INTERNAL AUDIT
See PROCEDURE E
20. MANAGEMENT REVIEW
A management review will be completed annually with the QMS Representative and the
Chief Administrating Officer (Top Management) evaluating the adequacy and effectiveness of the QMS.
See PROCEDURE F
21. CONTINUAL IMPROVEMENT
The Municipality of Bayham shall strive to continually improve the effectiveness of its Quality Management System through the use of corrective actions from the annual audits and management review.
Any Corrective Actions, identified during internal or third-party auditors, are documented using the Municipality of Bayham Corrective Action Report, which investigates cause(s)
and documenting and reviewing the action(s) taken to correcting and preventing the re-occurrence of the identified non-conformity. This is tracked through the use of the Municipality of Bayham Continual Improvement Tracking Spreadsheet.
Preventative Actions through document change/implementation, OFI’s (internal or third party audits), management review outcomes, emergency response testing outcomes,
Element 7 & 8 Risk Assessment outcomes, best management practices review outcomes and/or staff suggestions are documented and tracked through the use of the Municipality of Bayham Continual Improvement Tracking Spreadsheet.
At least once every 36 months, the QMS team will review and consider applicable best
management practices pertaining to municipal water distribution. This is documented
using the Municipality of Bayham Element 21 Continual Improvement – Best Management Practices Review Form.
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Appendix A COUNCIL ENDORSEMENT
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APPENDIX B ORGANIZATIONAL AND OPERATIONAL STRUCTURE
MAYOR AND
COUNCIL (OWNER)
CHIEF ADMINISTRATING
OFFICER
(TOP MANAGEMENT)
WATER/WASTEWATER OPERATIONS MANAGER
(QMS REPRESENTATIVE) Receives return call assesses and provides direction
CERTIFIED OPERATORS
Water/Wastewater
Operations Supervisor Alternate for receiving calls and providing direction
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APPENDIX C-1 PROCESS FLOW CHART
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APPENDIX C-2 Richmond PROCESS FLOW CHART
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Richmond Community Drinking Water Distribution System
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APPENDIX D OPERATIONAL RESPONSIBILITES AND AUTHORITIES Mayor/Council (Owner)
Responsibilities Authorities
- Complete oversight of the entire treatment and distribution system and the QMS
- Ultimate responsibility for the provision of safe drinking water
- Ensure compliance with applicable legislation and regulations
- Financial, administrative authority related to the
treatment and distribution of safe drinking water
Chief Administrating Officer (Top Management)
Responsibilities Authorities
- Complete oversight of the entire treatment and distribution system
- Endorse and lead the development and implementation and maintenance of the QMS
- Provide and/or obtain resources for the QMS and necessary infrastructure and resources to operate and maintain the drinking water system safely and effectively
- Ensure the system is operated in accordance with all applicable legislation and regulations
- Lead for Management Reviews
- Communication with Mayor and Council about QMS and the water distribution system
- Communications lead during emergencies
- Financial, administrative and technical authority related to the treatment and distribution of safe drinking water
Manager of Water/Wastewater Operations
Responsibilities Authorities
- Complete oversight of the entire treatment and distribution system
- Quality Management System representative
- Provide and/or obtain resources for the QMS and necessary infrastructure and resources to operate and maintain the drinking water system safely and effectively
- Ensure the system is operated in accordance with all applicable legislation and regulations
- Lead for management reviews
- Communication with mayor and council about the QMS and the water distribution system
- Preparation of budget and planning materials
- Recommendation of system improvements
- Develops procedures and processes for assuring water quality
- Emergency response planning, training
- ORO for Bayham Distribution
- Financial, administrative and technical authority related to the treatment and distribution of safe drinking water to the Municipality of Bayham
- Staffing-within the guidelines of the Municipality and any in-force collective agreements
- Activity/program scheduling within the department
- Oversee adverse water quality incidences and responses
- Identify and oversee staff training needs
- Make changes to the QMS
- Delegate ORO to certified operator
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Water/Wastewater Operations Supervisor
Responsibilities Authorities
- Complete oversight of the entire treatment and distribution system - Overall Responsible Operator (alternate) performs duties of designated ORO
- Acts as the Quality Management System representative set out in DWQMS as well as all municipal operational plans
- Provide and/or obtain resources for the QMS and necessary infrastructure and resources to operate and maintain the drinking water system safely and effectively
- Ensure the system is operated in accordance with all applicable legislation and regulations
- Assists lead for management reviews
- Communication with mayor and council about the QMS and the water distribution system as required
- Helps with preparation of budget and planning materials
- Recommendation of system improvements
- Aids in the development of procedures and processes for assuring water quality
- Supports in emergency response planning, training
- Supervises the operation and repair of all equipment in the water treatment and distribution systems
- Conducts regular routine inspections and preventative maintenance on related infrastructure and equipment
-Performs additional duties and responsibilities as assigned by Manager of Water/Wastewater Operations
- Assists in financial, administrative and technical authority related to the treatment and distribution of safe drinking water to the Municipality of Bayham
- Supports in staffing-within the guidelines of the Municipality and any in-force collective agreements
- Activity/program scheduling within the department
- Oversee adverse water quality incidences and responses
- Helps in identifying and overseeing staff training needs
- Make changes to the QMS as required
- Provides leadership, direction and ongoing performance supervision to employees
Liaises with government ministries, agencies, consultants, contractors, members of the public, fire department and municipal staff to co-ordinate activities as required
Water/Wastewater Operators
Responsibilities Authorities
- Chlorine residual testing
- Weekly pump-house checks (2-3 times per week)
- Reviewing and sign-off of daily summary sheets
- Weekly sample collection of water system
- Regular maintenance
- Report any incidents of non-compliance
- Respond to repairs directed from manager and accounting clerk
- Water shut-offs as directed by accounting clerk
- Perform ORO duties as delegated by manager (assigned operator)
- Monitor process and equipment
- Respond to public complaints as relayed from superintendent, or accounting clerk
- Recommend changes to the QMS
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PROCEDURE A
DOCUMENT AND RECORD CONTROL
QMS Document Control
This procedure is applicable to the following QMS documents:
Operational Plan
Procedures
Audit Checklists
Forms
Equipment Manuals
As Built Drawings
Creating New or Updating Existing Documents
The need for document changes or for new documents or procedures may be
identified through audits or management reviews. The Manager of Water/Wastewater Operations will delegate the task of creating the new document
Any employee of the Water Department may request a change to an existing QMS.
The request must be made in writing, dated and submitted to the Manager of Water/Wastewater Operations. The request must include the following information:
1. Reason for new or changed document - must belong in one or more of these
categories: Required by the DWQMS Enhances process control Reduces risk
Supports regulatory requirements
May improve operational efficiency 2. Outline of document change or new document content Narrative format is acceptable
The requester shall develop the new/changed document and submit it to the Manager of Water/Wastewater Operations for approval.
Document changes or the need for new documents or procedures may be
identified through audits or management reviews.
The Municipality of Bayham Continual Improvement Tracking Spreadsheet will track the process for verifying documents and document changes for verifying effectiveness of the action taken to avoid re-occurrence or the occurrence of non-
conformances.
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Electronic versions of the new/changed documents will be created by the QMS
Team Members and approved by the Manager of Water/Wastewater Operations.
Approving Documents
All QMS related documents shall be approved by the Manager of Water/Wastewater Operations.
The Manager of Water/Wastewater Operations shall be responsible for ensuring
that copies of the new or changed document show the revision number and date modified and are distributed. Obsolete documents (due to changes) shall be collected and destroyed.
Reviewing Documents
The Operational Plan and procedures shall be reviewed annually for applicability and relevance.
Document Identification, Storage, Availability and Control
Documents are identified in the Master Document List by the title and revision number/date of the document.
Hard copy of the Master Documents will be kept at the water department office in
a file cabinet.
Electronic copy of the Master Documents can be accessed through the laptop computer at the water department by accessing the appropriate server.
Backup copy of the electronic file of the Master Documents will be saved on the master server at the municipal office. There is a secondary back-up server at the municipal office and four times a day everything is backed to an offsite DATTO Cloud.
All procedures, instructions, forms and checklists are retained in the QMS binders at the water department office.
Original sets of equipment manuals and specifications are kept at the water
department office.
As appropriate, copies are kept at the Richmond Pump House.
Electronic copies of completed Master Document forms, checklists and/or QMS documentation shall not be stored on the desktop file of the laptop computer at the
water department.
The Municipality of Bayham is currently running the Water/Wastewater Laserfiche Procedure Pilot concurrently with the existing paper (hardcopy) and electronic file system until such time as the MECP approves the functionality of the Laserfiche
Platform through the audit and inspection process. As of June 25, 2020, the logbook procedure for Laserfiche has been adapted.
A list of Laserfiche Master Documents is currently being updated.
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Currently updating document identification, storage, availability and control
through the Laserfiche platform
Laserfiche document forms and completed forms can be accessed through the Municipality of Bayham’s Laserfiche Weblink. Anyone wishing to view completed
forms (i.e. MECP), will be given “View” privileges so there is no risk of modification of any documents, through the Laserfiche Portal.
The operational plans that were the subject of an audit, as required by Section 4.0.1 of the Director’s Directions Minimum Requirements for Operational Plans
(July 2007), will be retained for 10 years.
All hard copy, electronic or Laserfiche documents and records received is reviewed, acted upon if needed, filed in appropriate locations and retained for five years. The municipality complies with Provincial Records Management through
By-Law 2014-091 Records Retention.
QMS Record Control
This procedure is applicable to all records that demonstrate conformance to DWQMS
requirements. Ontario Regulations 170/03 and 128/04 cover all records that demonstrate
compliance. Manual Records
The record title shall be clearly visible and legible
Manual records shall be legible. Pencil or any other erasable marker shall not be
used to record process or product information or data.
QMS records shall be filed by type by date
QMS related water distribution records will be available at the water department
office.
QMS records shall be stored in such a manner as to prevent deterioration.
All manual records shall show the name or initials of the recorder and the date (and time if appropriate) the record was generated. Laserfiche Records
Electronic Laserfiche records can be accessed through the Laserfiche portal and sign-in utilizing specific credentials, under Environmental Services. Through this the logbook and document relationships can be view. This allows authorized individuals to see other forms or work orders completed on the system. All linked documents for each day on the system can be seen.
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PROCEDURE B
RISK ASSESSMENT AND OUTCOMES
The QMS team consists of the Water/Wastewater Operations Manager and certified
operators. The QMS team will identify the potential hazards and hazardous events, as identified in the Ministry of the Environment, Conservation and Parks document titled “Potential Hazardous Events for Municipal Residential Drinking Water Systems”, dated April 2022 which could affect the water system, the control measures to address the
hazards, identify the Critical Control Points (if applicable), control limits and associated
methods of monitoring critical limits and responding to deviations. Equipment reliability, accuracy, and redundancy are all reviewed on an annual basis as stated in Element 17 (pg. 9).
Hazardous events and hazards are assessed on the basis of likelihood, severity and
detectability. The assessment criteria are summarized in the following tables and values were combined to give an overall level of risk as shown.
To ensure that potential drinking water health hazards are addressed and minimum
treatment requirement as regulated by the Safe Drinking Water Act O. Reg. 170/03 and the Procedure for Disinfection of Drinking Water in Ontario are met, QMS team has established mandatory Critical Control Points (CCP’s).
Every year the Water/Wastewater Operations Manager will review the risk assessment and ensure that the information and assumptions remain current and valid. Certified operations staff may take part in the annual review process. Outcomes will be considered as part of the review of infrastructure for the capital budget process.
Every 3 years the Water/Wastewater Operations Manager will assemble the QMS team to conduct a re-assessment. The review and re-assessment form for Element #7 & #8 (found in the Master Document List) shall be utilized.
The Following Applies to the Richmond Community water System Only
As a minimum, the following must be included as CCP’s :
Processes necessary to achieve the required log removal or inactivation of
pathogens (ie., chemical and/or UV disinfection system, filtration process for GUDI systems)
Processes necessary for maintaining a disinfectant residual in the distribution
system
Identified the above processes as mandatory CCP’s in Table 2.
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Description Likelihood of Hazardous Event Occurring Rating
Rare May occur in exceptional circumstances, and has not occurred in past 1
Unlikely Could occur at some time, historically has occurred less than once every 5-10 years 2
Possible Has occurred or may occur once or more per year 3
Likely Has occurred or may occur on a monthly to quarterly
basis
4
Very Likely One or more occurrences on a monthly or more frequent
basis
5
Description Severity of Hazardous Event Occurring Rating Insignificant Insignificant impact, little public exposure, little or no health risk 1
Minor Limited public exposure, minor health risk 2
Moderate Minor public exposure, minor health risk 3
Major Large population at risk 4 Catastrophic Major impact for large population, complete failure of systems 5
Description Detectability of Hazardous Event Rating
Very Detectable Easy to detect, visual 1
Moderately Detectable Visually detectable (i.e. Flow Rates) 2
Normally
Detectable
Visually detectable but not on rounds or regular basis 3
Poorly
Detectable
Visually detectable but not inspected on a regular basis 4
Undetectable Cannot detect 5
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PROCEDURE B – RISK ASSESSMENT AND OUTCOMES
REVISION HISTORY
Date Revision # Description of Revision
March 30,2024 1.0 Implemented revision history table for Procedure B – Risk Assessment and Outcomes indicating date, operational plan number and description of revision. New combined plan with combined procedure B put into place.
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Source Water (supply Elgin Area Water Treatment Plant Contamination of Source Water (e.g. chemical spill)
Adverse Water Unable to supply water
No control
Notification by Elgin Area Treatment Plant – on-line monitoring Notification by operating authority of the Port Burwell Secondary System – on-line monitoring and daily chlorine residuals
Monitor residual at furthest sampling points
Communication essential with Elgin Area Treatment Plant – depending on levels/demands at other reservoirs and locations Communication essential with the Port Burwell Secondary System – dependent on levels/demands at the tower On-going discussions with Elgin Area Water Treatment Plant operators; see if water quality and/or system chlorine residual has been restored Discuss water quality with Medical Officer of Health (MOH) and Elgin Area Treatment Plant operators (should have been reported Ministry of the Environment, Conservation and Parks (MECP)). Communicate boil water/drinking water advisory if issued by MOH See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
1 4 1 6
No-Below risk threshold for CCP
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Source Water (supply Elgin Area Water Treatment Plant Unable to Supply Water (Water Supply Shortfall)
Adverse Water Unable to supply water
No control
Notification by Elgin Area Treatment Plant – on-line monitoring Notification by operating authority of the Port Burwell Secondary System – on-line monitoring and daily chlorine residuals
Monitor residual at furthest sampling points
Communication essential with Elgin Area Treatment Plant – depending on levels/demands at other reservoirs and locations Communication essential with the Port Burwell Secondary System – dependent on levels/demands at the tower On-going discussions with Elgin Area Water Treatment Plant operators; see if water quality and/or system chlorine residual has been restored Discuss water quality with Medical Officer of Health (MOH) and Elgin Area Treatment Plant operators (should have been reported Ministry of the Environment, Conservation and Parks (MECP)). Communicate boil water/drinking water advisory if issued by MOH See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
1 4 1 6
No-Below risk threshold for CCP
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Vienna Booster Station Power Loss
Adverse Water Loss of Pressure
No on-line notification, feedback by consumers complaints, visual checks daily basis
Contact secondary operating authority to maintain adequate tower level to maintain pressure in system. Reconfigure distribution system (i.e. open loop), if required See Contingency Plans (Vienna Booster – Power Loss) Section 5 of Operations/Management Manual
3 1 1 5
No Below risk threshold for CCP
Vandalism/Terrorism Adverse Water Drive by visual checks every day.
Call police and contact MOH and MECP Spill Action Centre, if necessary See Contingency Plans (Vandalism/Terrorism) Section 5 of Operations/Management Manual
1 2 3 6
No No control at this point
Failure of booster pump
Adverse Water Loss of Pressure
No on-line notification, feedback by consumers complaints, visual checks daily basis
Contact secondary operating authority to maintain adequate tower level to maintain pressure in system. Reconfigure distribution system (i.e. open loop), if required See Contingency Plans (Vienna Booster – Failure of Booster Pump) Section 5 of Operations/Management Manual
3 1 1 5
No Below risk threshold for CCP
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Watermain Break within distribution system causing low pressure/no water
Adverse Water Low pressure / back-siphoning
Elevated distribution system storage in Port Burwell Secondary
Customer complaints; Low pressure or high flows, visual if at ground, no on-line indication/monitoring of flows from tower.
V001 and E038 Flow monitoring through the checks of the flow meters and graphing through the week. May not be aware of fire/break. Looping has improved ability to isolate areas and also maintain flow in event of breaks. Mapping
Repair; watermain disinfection procedures per Operations Manual, training. Repair parts etc. Stocked. If necessary issue boil water advisory after consultation with MOH. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
3 2 2 7
Yes No control of event taking place. CCP are identified with-in the AWQI Contingency Plan.
Loss of chlorine residual (secondary disinfection from secondary water system)
Adverse Water
Legislated under O. Reg. 170/03
Daily residual testing at far end of system, weekly microbiological sampling at locations in town, values are tracked & trended on data spreadsheet
Contact secondary operating authority to maintain chlorine residual. Flush the system and resample. Corrective actions required by O. Reg. 170/03. See Contingency Plans (Low Cl2 Residual and AWQI) Section 5 of Operations/Management Manual
1 4 1 6
No Below risk threshold for CCP
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Commissioning of new watermain/service installation
Adverse Water
Follow procedures for disinfection of new watermains using AWWA Standard – C605-05. Check chlorine residuals and conduct microbiological testing.
Follow corrective action per O.Reg. 170/03. If necessary, communicate issuance of boil water advisory after consultation with MOH. See Contingency Plans (Contamination of Commissioning of New Watermain/Service Installation and AWQI) Section 5 of Operations/Management Manual
1 2 1 4
No Below risk threshold for CCP
Loss of pressure – watermain break, major fire
Adverse Water Low pressure /back-siphoning
V001 and E038 Flow monitoring through the checks of the flow meters and graphing through the week. Water hammer, consumer complaints. Backflow contamination prevented by 2” double check valves on all connections of concerns. Backflow preventor required (residential & commercial) through by law
Check pressure and chlorine residual. Discussion with MOE and MOH if low. If necessary, communicate issuance of boil water advisory after consultation with MOH. Restore pressure and chlorine residual. Conduct sampling per MOH and MECP direction. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
1 2 2 5
No Below risk threshold for CCP
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Pandemic Events (e.g. COVID-19)
Loss of Personnel Coverage Supply Issues Potential for AWQI
Discussion of mutual aid with ONWARN and surrounding municipalities at staffing shortage Personal protective equipment (gown, masks, face shields, gloves, hand sanitizer) on hand for operators Stocking up on supplies contacting suppliers on availability Rescheduling of manpower Working remotely Staggered shifts. Physical distancing Individual assignments
Health and Safety Policy - Communicable Diseases (June 9, 2020) COVID-19 Workplace Safety Guidelines – October 16, 2020 Comprehensive update Amendments to O. Reg. 128/04 to provided systems with temporary staffing options during an emergency. Inform MOECC SAC as soon as you anticipate difficulties such as inability to collect samples, lack of staffing, supply issues or a break in continuity of operations.
3 2 1 6
No – Below Risk Threshold for CPP – No Control
Cyber Attack
Loss of access to documents and forms
Backup copy of electronic file of master documents saved on master server at municipal office
Mitigation is a backup strategy in place. Daily backups are done and then transferred off-site to isolated servers
Critical documents and forms ensure sufficient copies on hand to operate a minimum of 72 hours without availability of computer and printer devices
2 1 1 4
No-Below risk threshold for CCP
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Backflow from private plumbing (Cross connection)
Adverse Water
Backflow preventors on all new connections of concern
Meters are installed throughout. Backflow preventor required (residential & commercial) through by law
Inspect homes/commercial properties in area, install backflow preventor. Isolate area: Flush the system and sample as appropriate. Notify MOH and MECP Spill Action Centre. If necessary, communicate issuance of boil water advisory after consultation with MOH. See Contingency Plans (Backflow Failure and AWQI) Section 5 of Operations/Management Manual
1 2 3 6
No Below risk threshold for CCP
Biofilms Adverse Water
Visual inspection of pipe breaks, reduced flow in pipes, inability to maintain chlorine residual Flushing and swabbing. Replacement of old watermains based on material, age, observations. Mapping
See Contingency Plans (Biofilm – Taste/Colour/Odour/Other Customer Complaints or Adverse Water and AWQI) Section 5 of Operations/Management Manual
2 2 1 5
No Below risk threshold for CCP
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Long Term Impacts of Climate Change
Adverse Water Loss or reduction of source water
Potential for AWQI
Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
1 4 1 6
No – Below Risk Threshold for CPP – No Control
Extreme Weather Events (e.g., tornado, ice storm)
Adverse Water Loss or reduction of source water
Potential for AWQI
Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
1 3 1 5
No – Below Risk Threshold for CPP – No Control
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
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Activity or Process Step
Description of Hazard
Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Sustained Extreme Temperatures (e.g., heat wave, deep freeze)
Adverse Water Loss or reduction of source water
Potential for AWQI
Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
2 3 1 6
No – Below Risk Threshold for CPP – No Control
Sustained Pressure Loss
Adverse Water Low pressure /back-siphoning
V001 and E038 Flow monitoring through the checks of the flow meters and graphing through the week. Water hammer, consumer complaints. Backflow contamination prevented by 2” double check valves on all connections of concerns. Backflow preventor required (residential & commercial) through by law
Check pressure and chlorine residual. Discussion with MOE and MOH if low. If necessary, communicate issuance of boil water advisory after consultation with MOH. Restore pressure and chlorine residual. Conduct sampling per MOH and MECP direction. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
1 4 1 6
No – Below Risk Threshold for CPP – No Control
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
39 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Raw Water/Well Well Casing Collapse Loss of Raw Water
Alternate Well Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water.
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual
1 1 3 7
No- Below risk threshold for CCP No control
Well Pump Failure Loss of Raw Water
On-line monitoring with alarms (SCADA) Spare pump available on site Alternative Well Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual
2 3 1 6
No-Below risk threshold for CCP
Contamination of Source Water/Change to Raw Water Characteristics (e.g. chemical spill)
Adverse Water
Monitor and sample Municipality to supply an alternate source of drinking water Source Water Protection Plan
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual
1 4 1 6
No-Below risk threshold for CCP
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
40 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP?
Unable To Supply Water/Wells Overdrawn (Water Supply Shortfall)
Loss or reduction of raw water
Alternate Well Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water Routine well level check Routine sampling of well
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual
2 3 1 6
No-Below risk threshold for CCP Primary Disinfection Chemical feed pump failure
Loss of disinfection Low chlorine residual Inadequate inactivation of pathogens Potential for AWQI
On-line monitoring with alarms (SCADA) Back-up chemical feed pumps with auto switchover (redundancy) In-house residual testing and dosage calculation (CT) Schedule maintenance activities
See Contingency Plans (Chemical Feed Pump Failure, Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual
Yes – Mandatory CCP
Analyzer Failure
Unknown chlorine residual levels Potential for AWQI
On-line monitoring with alarms (SCADA) In-house residual testing and dosage calculation (CT) Schedule maintenance activities
See Contingency Plans (Chlorine Analyzer Failure, Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
41 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP?
Low Supply of Sodium Hypochlorite
Inadequate disinfection Potential for AWQI
On-line monitoring with alarms (SCADA) In-house residual testing and dosage calculation (CT) Chemical availability
See Contingency Plans ( Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual
Yes – Mandatory CCP
UV unit failure
Loss of treated water supply Loss of pressure Inadequate disinfection Potential for AWQI
Redundancy (4 UV Units) Operational control (automatic and manual valves) On-line monitoring with alarms (SCADA) Schedule maintenance activities
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual
Storage (Holding) Tanks Low Level
Inadequate CT for primary disinfection Inadequate treated water supply
Low level alarms on-line monitoring (SCADA) Schedule maintenance activities Public Advisory –water ban or restriction
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual
Yes – Mandatory CCP
Level Indicator Failure (Milltronics)
Inadequate CT for primary disinfection Inadequate treated water supply
On-line monitoring with alarms (SCADA) Schedule maintenance activities Public Advisory –water ban or restriction
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
42 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? High Lift Pumps High lift pump failures
Loss of treated water supply Loss of pressure
Redundancy (3 HL pumps) On-line monitoring with alarms (SCADA) Schedule maintenance activities Operational control
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Loss of Pressure) Section 5 of Operations/Management Manual
1 3 1 5
No- Below risk threshold for CCP No control Water Treatment System Power Loss
Loss of treated water supply Loss of pressure
On-line monitoring with alarms (SCADA). Back-up power generator on-site. Schedule maintenance Activities Operational checks, monthly, quarterly and annually.
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Power Failure and Loss of Pressure) Section 5 of Operations/Management Manual
2 1 1 6
No- Below risk threshold for CCP No control
Vandalism/Terrorism
Contamination of the water supply Damage to critical equipment
Locked (well site and pump house) On-line intrusion monitoring with alarms (SCADA) Regular visits by personnel
Call police and contact MOH and MECP Spill Action Centre, if necessary See Contingency Plans (Vandalism/Terrorism) Section 5 of Operations/Management Manual
1 2 3 6
No- Below risk threshold for CCP No control
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
43 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Turbidity Analyzers Turbidity analyzer failure
Loss of treated water supply Loss of pressure Potential for AWQI
Redundancy (2 filter trains and turbidity analyzers) Operational control On-line monitoring with alarms (SCADA) Schedule maintenance activities
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual
Yes – Mandatory CCP Monitoring Equipment PLC Failure
Loss of treated water supply Loss of pressure Potential for AWQI
On-line monitoring with alarms (SCADA) Manual override of the operation of wells (Milltronics) High lift pumps operation on local control panel Chlorine chemical feed pumps operation through PID Controller Operational checks
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Monitoring Equipment Failure, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual
2 2 1 5
No-Below risk threshold for CCP
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
44 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP?
Cyber Attack
Loss of system monitoring and/or data loss Loss of treated water supply Loss of access to documents and forms Potential for AWQI
On-line monitoring with alarms (SCADA) SCADA computer is a stand -alone unit separate from the municipal server only accessed through a VPN network connection
Critical documents and forms ensure sufficient copies on hand to operate a minimum of 72 hours without availability of computer and printer devices See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Monitoring Equipment Failure, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual
2 2 1 5
No-Below risk threshold for CCP
SCADA Failure
Loss of system monitoring and/or data loss Loss of treated water supply Loss of pressure Potential for AWQI
On-line monitoring with alarms (SCADA) Manual override of the operation of wells (Milltronics) High lift pumps operation on local control panel Chlorine chemical feed pumps operation through PID Controller Operational checks
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Monitoring Equipment Failure, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual
2 2 1 5
No-Below risk threshold for CCP
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
45 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP?
Alarm Dialer Failure
Loss of call-out to operator of potential alarms Loss of treated water supply Loss of pressure Potential for AWQI
On-line monitoring with alarms (SCADA) Manual override of the operation of wells (Milltronics) High lift pumps operation on local control panel Chlorine chemical feed pumps operation through PID Controller Operational checks
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Monitoring Equipment Failure, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual
2 2 1 5
No-Below risk threshold for CCP Secondary Disinfection Chemical feed pump failure
Loss of disinfection Low chlorine residual Inadequate inactivation of pathogens Potential for AWQI
On-line monitoring with alarms (SCADA) Back-up chemical feed pumps with auto switchover (redundancy) In-house residual testing Schedule maintenance activities
See Contingency Plans (Chemical Feed Pump Failure, Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual
Yes – Mandatory CCP
Analyzer Failure
Unknown chlorine residual levels Potential for AWQI
On-line monitoring with alarms (SCADA) In-house residual testing Schedule maintenance activities
See Contingency Plans (Chlorine Analyzer Failure, Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
46 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP?
Low Supply of Sodium Hypochlorite
Inadequate disinfection Potential for AWQI
On-line monitoring with alarms (SCADA) In-house residual testing Chemical availability
See Contingency Plans (AWQI) Section 5 of Operations/Management Manual Distribution Waterman Break within distribution system causing low pressure/no water
Adverse Water Low pressure / back-siphoning
Customer complaints; Low pressure or high flows, visual if at ground On-line indication/monitoring of flows from SCADA May not be aware of break. Follow procedures for disinfection of water mains using AWWA Standard – C651-05 Mapping
Repair; water main disinfection procedures per Operations Manual, training. Repair parts etc. Stocked. If necessary issue boil water advisory after consultation with MOH. See Contingency Plans (Main Break, Low Pressure and AWQI) Section 5 of Operations/Management Manual
1 2 2 7
No-Below risk threshold for CCP
Loss of chlorine residual in distribution system
Adverse Water
Daily residual testing at far end of system, weekly microbiological sampling at locations in town, values are tracked & trended on data spreadsheet
Flush the system and resample. Corrective actions required by O. Reg. 170/03. See Contingency Plans (Low Cl2 Residual and AWQI) Section 5 of Operations/Management Manual
1 4 1 6
No-Below risk threshold for CCP
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
47 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP?
Commissioning of new water main/service installation
Adverse Water
Follow procedures for disinfection of new water mains using AWWA Standard – C605-05. Check chlorine residuals and conduct microbiological testing.
Follow corrective action per O.Reg. 170/03. If necessary, communicate issuance of boil water advisory after consultation with MOH. See Contingency Plans (Contamination of Commissioning of New Water main/Service Installation and AWQI) Section 5 of Operations/Management Manual
1 2 1 4
No-Below risk threshold for CCP
Backflow from private plumbing (Cross connection)
Contamination
Design standards during upgrades
Isolate area: Flush the system and sample as appropriate. Notify MOH and MECP Spill Action Centre. If necessary, communicate issuance of boil water advisory after consultation with MOH. See Contingency Plans (Backflow Failure and AWQI) Section 5 of Operations/Management Manual
1 2 3 6
No-Below risk threshold for CCP
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
48 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP?
Sustained Loss of Pressure
Adverse Water Low pressure /back-siphoning
Water hammer, consumer complaints. Backflow contamination prevented by 2” double check valves on all connections of concerns. Backflow preventor required (residential & commercial) through by law
Check pressure and chlorine residual. Restore pressure and chlorine residual. Conduct sampling per MOH and MECP direction. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
1 4 1 6
No – Below Risk Threshold for CPP – No Control
Biofilms Adverse Water
Visual inspection of pipe breaks, reduced flow in pipes, inability to maintain chlorine residual Flushing and swabbing. Replacement of old water mains based on material, age, observations. Mapping
See Contingency Plans (Biofilm – Taste/Colour/Odour/Other Customer Complaints or Adverse Water and AWQI) Section 5 of Operations/Management Manual
2 2 1 5
No-Below risk threshold for CCP Long Term Impacts of Climate Change
Adverse Water Loss or reduction of source water Potential for AWQI
Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plant
1 4 1 6
No – Below Risk Threshold for CPP – No Control
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
49 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP?
Extreme Weather Events (e.g., tornado, ice storm)
Adverse Water Loss or reduction of source water Potential for AWQI
Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plant
1 3 1 5
No – Below Risk Threshold for CPP – No Control
Sustained Extreme Temperatures (e.g., heat wave, deep freeze)
Adverse Water Loss or reduction of source water
Potential for AWQI
Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water
See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan
2 3 1 6
No – Below Risk Threshold for CPP – No Control
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
50 Operational Plan Revision 1.0 10-Apr-24
Table 1: Risk Assessment Table for the Richmond Community Drinking Water System
Activity or Process Step
Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Pandemic Events(e.g. COVID-19)
Loss of Personnel Coverage Supply Issues Potential for AWQI
Discussion of mutual aid with ONWARN and surrounding municipalities at staffing shortage Personal protective equipment (gown, masks, face shields, gloves, hand sanitizer) on hand for operators Stocking up on supplies contacting suppliers on availability Rescheduling of manpower Working remotely Staggered shifts. Physical distancing Individual assignments
Health and Safety Policy - Communicable Diseases (June 9, 2020) COVID-19 Workplace Safety Guidelines – October 16, 2020 Comprehensive update Amendments to O.Reg. 128/04 to provide with temporary staff options during an emergency. Inform MECP SAC as soon as you anticipate difficulties such as inability to collect samples, lack of staffing, supply issues or a break in continuity of operations.
3 2 1 6
No – Below Risk Threshold for CPP – No Control
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
51 Operational Plan Revision 1.0 10-Apr-24
Table 2: Identified Critical Control Points (CCPs)
Identified Critical Control Points of the Richmond Community Drinking Water System
CCP Critical Control Limits Monitoring Procedures Response, Reporting and Recording Procedures
Primary Disinfection
Free Chlorine Residual Alarms – Pre Alarms Low set point = 0.85 mg/L High set point = 3.00 mg/L
SCADA (continuous on-line analyzers) Weekly operator checks via plant data tracker – trend, review and sign-off as per O. Reg. 170/03 Operator on-site checks including CT calculations if required
Refer to: - Chemical Feed Pump Failure Contingency Plan - Low Chlorine Residual Contingency Plan - AWQI Contingency Plan
Storage (Holding) Tanks Storage (Holding) Tank Low Level Alarm Low set point = 0.50 meters
SCADA (continuous on-line level measurement) Weekly operator checks via plant data tracker – trend, review and sign-off as per O. Reg. 170/03 Operator on-site checks including CT calculations if required
Refer to: - Contamination of Source Water and/or Unable to Supply Water Contingency Plan - AWQI Contingency Plan
Turbidity Analyzers Turbidity Analyzer High Level Alarm High set point = 1.00 NTU
SCADA (continuous on-line analyzers) Weekly operator checks via plant data tracker – trend, review and sign-off as per O. Reg. 170/03 Operator on-site checks including manual confirmation using hand-held unit
Refer to: - Contamination of Source Water and/or Unable to Supply Water Contingency Plan - AWQI Contingency Plan
UV Units UV Unit Failure Alarm SCADA (continuous on-line monitoring) Operator on-site checks
Refer to: - Contamination of Source Water and/or Unable to Supply Water Contingency Plan - AWQI Contingency Plan
Secondary Disinfection Free Chlorine Residual – Post Alarms Low set point = 0.40 mg/L High set point = 4.00 mg/L
SCADA (continuous on-line analyzers) Weekly operator checks via plant data tracker – trend, review and sign-off as per O. Reg. 170/03 Operator on-site checks including CT calculations if required Distribution chlorine residuals as per O. Reg. 170/03
Refer to: - Chemical Feed Pump Failure Contingency Plan - Low Chlorine Residual Contingency Plan - AWQI Contingency Plan
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
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PROCEDURE C
PERSONNEL COVERAGE 24/7
REGULAR HOURS AFTER HOURS
Call 519-866-5521 or 519-874-4761 Office Staff
Call 519-866-5521 Follow Prompts
Operations Manager receives assesses provides direction
Spectrum Communications pages of ORO bumps numbers until answered
Staff Makes necessary repairs Water/Wastewater Operations Supervisor contacts On-Call Operator and directs staff as required
Staff
makes necessary repairs
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PROCEDURE D
WATER SUPPLY EMERGENCY RESPONSE PLAN
AIM: The aim of this plan is to:
Provide a guideline to assist the Municipality in responding to water supply emergency affecting residents, community or infrastructure within the
Municipality of Bayham.
Define the roles and responsibilities of municipal staff and departments, and supporting agencies during a water supply emergency.
AUTHORITY AND CUSTODIAN: This plan is published as an Annex to the Corporation of the Municipality of Bayham Emergency Response Plan as established under By-law 2006-113, and the Emergency Management and Civil Protection Act, RSO 1990.
The Custodian of this plan shall be the Corporation of the Municipality of Bayham Community Emergency Management Coordinator and Community Emergency Management Program Committee, who are responsible for annual review, revisions and testing of the plan.
WATER SUPPLY EMERGENCY DEFINITION: A water supply emergency is defined as a situation where in the lives or property
of the Municipality of Bayham and residents of the municipality are threatened by
the effects of a water supply emergency from:
Contamination of the treated water supply
A major or prolonged loss of water supply (24 hours or greater)
NOTIFICATION AND IMPLEMENTATION: This plan may be implemented in whole or in part, as required, by the Municipality of Bayham
Head of Council
Chief Administrative Officer (CAO)
Manager of Water/Wastewater Operations
Community Emergency Management Coordinator (CEMC), or
Municipality of Bayham Community Control Group with or without the declaration of an emergency by the Head of Council.
This plan may be activated through the notification of the Head of Council, CAO or CEMC. Upon implementation, all participating departments and agencies will respond in
accordance with the guidelines described within this plan.
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AGENCY/INDIVIDUAL ROLES & RESPONSIBILITIES: Elgin St. Thomas Health Unit
Issuing a Seek Alternative Source Water Advisory or Boil Water Advisory
Request the activation of the Emergency Operation Centre(s) in the event of an emergency resulting from a major or prolonged water supply event.
Act as lead agency to coordinate the County’s response during a prolonged water supply emergency.
Contact known schools and day care facilities who may be at high risk of
severe health impacts due to water supply loss or contamination.
Print and distribute materials on the Seek Alternative Source Water Advisory or Boil Water Advisory.
Provide 24/7 “on call” service to respond to public inquiries regarding
water related issues and refer concerned citizens’ calls, as appropriate.
Make necessary logistical arrangements for news conferences, as required. Water/Wastewater Department, Municipality of Bayham
Determine the source of the water supply emergency.
Immediate and ongoing consultation with the Ministry of Environment, Conservation and Parks and the Medical Officer of Health and will advise CEMC.
Coordinate the delivery of potable water where vulnerable people are
likely to gather, if required.
Coordinate the delivery of potable water to designated pick-up centers, as required.
Once water supply is restored, flushing of the system and the collection of samples for lab analysis until the Seek Alternative Source Water Advisory
or Boil Water Advisory is lifted.
Fire Department
Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.
Increase vigilance of how the water supply emergency affects firefighters’
performing duties.
Arrange alternate supply sources for fire protection in areas normally protected by municipal hydrants.
Emergency Management Ontario (if necessary)
Provide advice, assistance, and liaison with the EOC Canadian Red Cross (if necessary)
Provide shelter management in times of declared disaster.
Train on recognition of potential illness, first aid and personal disaster
assistance training for staff and volunteers of community agencies who serve vulnerable clients.
Municipality of Bayham Water Distribution & Richmond Community Water Supply System
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Human Resources Manager (As Designated)
Register and coordinate volunteer assistance
Emergency Information Officer
Coordinate communications with County/Southwestern Public Health of all press releases and information fact sheets issued.
Coordinate local public inquiry messaging for staff.
Develop public education strategies for vulnerable populations within the
Municipality. Ontario Works
Liaison with Red Cross for co-ordination of evacuation and emergency
shelters
.
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NOTIFICATION GUIDELINE: Southwestern Public Health
The Medical Officer of Health (or designate) activates a Seek Alternative
Source Water Advisory or Boil Water Advisory and provides relevant fact sheets by fax or email to the regional media if an extended alert is anticipated.
Municipality of Bayham
The Medical Officer of Health notifies the Mayor or CAO when a Seek Alternative Source Water Advisory or Boil Water Advisory.
The Municipality is responsible for internal notification of its staff and for the notification of their external partnering services.
The Mayor, CAO and CEMC will consult with each other to determine if
the Municipality of Bayham Community Control Group (CCG) will
assemble to discuss the impacts of the issued Water Supply Emergency Alert.
If the CCG is to be assembled CCG members shall be notified in
accordance with the Municipality of Bayham Emergency Response Plan
Notification Protocol.
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RESPONSE GUIDELINE: When a major or prolonged water supply emergency event is declared by the
Warden of Elgin County and/or the Mayor of any municipality in Elgin County, the
lead will be the Emergency Community Control Group at Elgin County. The Elgin County Community Control Group will provide direction to municipalities involved in the emergency in accordance with the mandate of the Elgin County CCG.
The following guideline shall be followed when water supply conditions pose a
threat to municipal infrastructure, property and/or residents.
The Municipality of Bayham CCG will assemble upon request from the Elgin County CCG.
The Municipality of Bayham Emergency Operation Center will be activated
upon receiving a request from the Elgin County CCG for assistance or deployment of municipal resources.
Upon activation of the EOC, the CCG will determine the most appropriate method of providing emergency response resources to facilitate effective
response pertaining to the request of the Elgin County CCG.
In the event the Elgin County CCG requests assistance from the Municipality of Bayham and the Bayham EOC is activated, the roles and responsibilities of municipal departments/representatives will include the following in addition to
roles and responsibilities outlined in the Bayham ERP:
Emergency Information Officer
Develop and issue emergency evacuation information
Coordinate communications with County of all press releases and
information fact sheets issued.
Coordinate local public inquiry messaging for staff.
Develop public education strategies for vulnerable populations within the Municipality.
Water/Wastewater Department
Immediate and ongoing consultation with the Ministry of Environment, Conservation and Parks and the Medical Officer of Health and will advise CEMC.
Coordinate the delivery of potable water where vulnerable people are
likely to gather, if required.
Coordinate the delivery of potable water to designated centers, as required.
Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.
Increase vigilance of how the water supply emergency affect
water/wastewater employees working outside and performing duties
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Fire Department
Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.
Increase vigilance of how the water supply emergency affects firefighters’
performing duties.
Arrange alternate supply sources for fire protection in areas normally protected by municipal hydrants.
Roads Department
Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.
Increase vigilance of how the water supply emergency affects road employees working outside and performing duties.
Deputy Clerk
Set up of EOC
Coordinate connection of EOC communications (e.g. phones, fax, email, etc.)
Coordinate set up of public inquiry avenues (e.g. website update, phone
inquiry messaging) Administrative Support Staff
Registering members of public attending a water pick-up center(s)
Staffing public inquiry phone lines
Updating municipal website information and municipal sign
Monitoring of water pick-up center supplies Clerk
Register and coordinate volunteer assistance
Coordinating volunteers and or municipal employees to staff (supervise) water pick-up center(s)
RESOURCES
Water Canadian Kool Water – 53104 Vienna Line, Port Burwell, ON – Ph. 519-765-4970 Roses Sandytown Variety – 9292 Plank Road, Straffordville, ON – 519-866-5800 Kohli’s Freshmart – 54362 Heritage Line, Straffordville, ON – 519-866-5505 Fountain Water Products – London, ON – 519-453-7052
GFS Bulk Water Services – Greg – 519- 633-1391 Water Pick-Up Facilities Bayham Community Centre, 54164 Heritage Line, Straffordville, ON
Straffordville Fire Station, 55264 Third Street, Straffordville, ON
Port Burwell Fire Station, 55451 Nova Scotia Line, Port Burwell, ON
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Operational Plan Revision 1.0 10-Apr-24
TRAINING AND SUPPLIES
Each participating agency is responsible for defining and providing the training
required by its own staff in performing its emergency roles at its own cost.
All costs and/or damages resulting from a water supply emergency will be forwarded to the Treasurer of the Municipality of Bayham for consideration and resolution.
RECOVERY
Recovery procedures will be implemented in accordance with the Municipality of Bayham Recovery/Business Continuity Plan.
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Operational Plan Revision 1.0 10-Apr-24
PROCEDURE E
INTERNAL AUDIT
Internal audits will be conducted to ensure that the QMS conforms to the requirements of
the Municipality of Bayham and of the DWQMS. These requirements include ensuring
that the QMS has been effectively implemented and properly maintained. The Municipality of Bayham may, from time-to-time, request that trained auditors from a neighbouring municipality conduct internal audits. In turn, the Municipality of Bayham
may provide the same service to other municipalities as the case arises.
Audits Conducted by Bayham
Auditors
All internal auditors must have successfully completed a recognized 14 hour Internal Auditor workshop
Internal Audit Schedule
Internal audits are scheduled throughout the year. The assigned auditor’s name will appear on the schedule.
Internal audits are to be completed at least once every calendar year.
Audit Planning
The auditor shall review all related QMS documentation and obtain the current version of the DWQMS checklist prior to the audit, which will include results from the previous internal and external audits.
Conducting the Audit
The auditor shall observe activities, review records and interview personnel as
necessary to ensure that the status of the audited element of the QMS has been
effectively covered. Reporting the Results
The auditor shall submit a completed checklist and report to the QMS Representative.
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Operational Plan Revision 1.0 10-Apr-24
The report shall include any requirement for corrective actions. Corrective actions
shall be communicated to the responsible individual and included as part of Management Review input. Audits Conducted by Another Municipality
Auditors
Outside auditors must provide proof of competency prior to conducting an audit.
Current version of the DWQMS checklist must be used during the audit. Audit Schedule
Audits are to be conducted per the Municipality of Bayham schedule.
Planning and Conducting the Audit and Reporting the Results
Audits may be planned and conducted per the procedures of the auditing Municipality. Prior approval by the Manager of Water/Wastewater Operations.
Audit results may be reported per the procedures of the auditing municipality as long as the results are documented. Requirements for corrective action must be indicated.
A document management spreadsheet is used to track and document any changes to documents, corrective action reports, opportunities for improvement, management review, emergency response testing and internal audit and/or
actions taken.
Previous internal and external audits to be reviewed prior to the commencement
of a new audit.
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Operational Plan Revision 1.0 10-Apr-24
PROCEDURE F
MANAGEMENT REVIEW
This procedure defines the Management Review process to ensure the continuing
suitability, adequacy and effectiveness of the QMS.
Review Frequency
Management Reviews shall be conducted on an annual basis.
Review Participants
The QMS Representative convenes the management review. Attendees shall include the QMS Representative and the Chief Administrating Office (Top Management).
Review Input
The QMS Representative shall provide information and data concerning the following categories, for the review:
Incidents of regulatory non-compliance
Incidents of adverse drinking water tests
Deviations from critical control point limits and response actions
Efficacy of the risk assessment process
Results of internal and 3rd party audits
Results of relevant emergency response testing
Operational performance and water quality trends including raw water supply
Follow-up on actions items from previous management reviews
Status of action items (if any) identified between reviews
Changes in resource requirements, infrastructure, process, personnel,
Drinking Water Quality Management Standard or regulations that could affect the QMS
Resources needed to maintain the Quality Management System
Operational plan currency, content and updates
Consumer feedback (including consumer complaint reports), and
Staff suggestions
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Review Process
The Management Review shall be a planned event. An appropriate time shall be set
aside by the participants to ensure a thorough review of the QMS is conducted.
Each input category shall be reviewed in order to identify if, where and when improvements to the QMS and its procedures are required.
The QMS Representative shall make note of any changes or action items required during
the course of the review.
Review Output
A list of changes required to be made to procedures or other QMS based documentation and processes and/or amendments must be made prior to the next annual internal audit.
Complete a list of “action” items if applicable. Action items shall identify the individual
responsible.
A list of recommendation(s) for any human or financial resources may be required to maintain and improve the QMS.
The QMS Representative shall maintain minutes of management review. These minutes
shall include the date and time of the review activity and the name of participants.
The QMS Representative shall review findings to the owner annually.
ZBA-06/24
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z774-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: UNGER, J & E 53579 CALTON LINE, CALTON TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z774-2024 on the 4th day of April 2024 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in
respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 25th
day of April 2024 a notice of appeal setting out the objection to the By-law and the reasons in
support of the objection.
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 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 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.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the
Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or
group. However, a notice of appeal may be filed in the name of an individual who is a member of
the association or the group on its behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal
unless, before the by-law was passed, the person or public body made oral submissions at a
public meeting or written submissions to the council or, in the opinion of the Ontario Land
Tribunal, there are reasonable grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 5th DAY OF APRIL 2024.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see
the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
Margaret Underhill 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-07/24
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z775-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: GREGORY UNDERHILL FARMS LTD. 54761 VIENNA LINE
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No.
Z775-2024 on the 4th day of April 2024 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect
of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 25th day of April
2024 a notice of appeal setting out the objection to the By-law and the reasons in support of the
objection.
THE PURPOSE of this By-law 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.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario
Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group.
However, a notice of appeal may be filed in the name of an individual who is a member of the
association or the group on its behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless,
before the by-law was passed, the person or public body made oral submissions at a public meeting
or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are
reasonable grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 5th DAY OF APRIL 2024.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
Margaret Underhill 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-08/24
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z776-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: LANKHUIJZEN FARMS LTD. 55106 VIENNA LINE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z776-2024 on the 4th day of April 2024 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in
respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 25th
day of April 2024 a notice of appeal setting out the objection to the By-law and the reasons in
support of the objection.
THE PURPOSE of this By-law 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-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 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 E4-23.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the
Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or
group. However, a notice of appeal may be filed in the name of an individual who is a member of
the association or the group on its behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal
unless, before the by-law was passed, the person or public body made oral submissions at a
public meeting or written submissions to the council or, in the opinion of the Ontario Land
Tribunal, there are reasonable grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 5th DAY OF APRIL 2024.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
Margaret Underhill 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-03/23
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z779-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: SCHEP, A & C 14077 BAYHAM DRIVE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No.
Z779-2024 on the 4th day of April 2024 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of
the By-law by filing with the Clerk of the Municipality of Bayham not later than the 25th day of April 2024
a notice of appeal setting out the objection to the By-law and the reasons in support of the objection.
THE PURPOSE of this By-law Amendment is to implement the Ontario Land Tribunal 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 subject
lands are known as 14077 Bayham Drive, south side, and south of Highway 3 (Talbot Line).
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.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario
Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However,
a notice of appeal may be filed in the name of an individual who is a member of the association or the
group on its behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless,
before the by-law was passed, the person or public body made oral submissions at a public meeting or
written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable
grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 5th DAY OF APRIL 2024.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
Margaret Underhill 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
A-02/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: JESSE FROESE
LOCATION: 55210 MAPLE GROVE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-02/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 18th, 2024, at 6:45 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of the variance is to retain the legal non-conforming status of a second single-detached dwelling (currently demolished due to safety concerns) that had existed prior to the date of the passing of the current Zoning By-law in order to redevelop a new second single-detached
dwelling, whereas only one (1) single-detached dwelling is permitted in the current ‘Agricultural (A1-A)’ Zone, for the property located at 55210 Maple Grove Line. THE EFFECT of this variance will be to retain the legal non-conforming status of a second single-detached dwelling in order to develop/replace with a new single-detached dwelling on the subject property. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 4:00 pm on April 11, 2024 to be included in the Committee of Adjustment agenda. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. Dated at the Municipality of Bayham this 5th day of April 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
A-04/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: CORNELIUS SAWATZY AND TRUDY FRIESEN
LOCATION: 57070 EDEN LINE, EDEN
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-04/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 18, 2024, at 6:45 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to permit a new accessory building (garage) on the subject property with a Maximum Height of 5.5 metres, whereas Section 9.5.1 of the Zoning By-law permits a Maximum Height of 4.5 metres for accessory buildings. The subject lands are located
at 57070 Eden Line, north side, and east of Plank Road in the Hamlet of Eden. THE EFFECT of this variance is to permit an increased Maximum Height to accommodate a new
accessory building (garage) and replace the existing shed on the subject property. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on Friday, April 12, 2024 to be included in the Committee of Adjustment agenda.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office.
Dated at the Municipality of Bayham this 5th day of April 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Hamlet of Eden
ZBA-12/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: JOHN AND CAROL ASHER
LOCATION: 11184 PLANK ROAD
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-12/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, May 2, 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 ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit the development of an accessory detached
garage on the subject property for personal vehicles and storage, which requires relief from the following provisions: Section 4.2.c) to permit an accessory building in the front yard; Section 4.2.d) to permit an accessory building closer to the street than the main building; Section 9.5.1 to permit a Maximum Height of 5.8 metres,
whereas 4.5 metres is permitted; Section 9.7 to permit a Maximum Floor Area of 187 m2 (includes the existing 18.9 m2 shed to be relocated), whereas 75.0 m2 is permitted, and; Section 9.10 to permit a Minimum Rear Yard Depth of 2.9 metres, whereas 9.0 metres is permitted. The subject property is known as 11184 Plank Road, east
side, and south of Eden Line.
THE EFFECT of this By-law will be to permit a new accessory building (detached garage) that is located within the front yard, is closer to the street than the main building, exceeds the Maximum Height and Maximum Floor Area, and does not meet the Minimum Rear Yard Depth.
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 Thursday, April 25, 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 12th day of April 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
Hamlet of Eden
ZBA-13/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: DAN FROESE FARMS INC.
LOCATION: 56796 GLEN ERIE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-13/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, May 2nd, 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 the ‘Agricultural (A1)’ Zone to a Site-Specific ‘Rural Residential (RR-XX)’ Zone to permit a Minimum Front Yard Depth of 3.3 metres and Minimum Lot Area of 0.38 hectares as a result of the Glen Erie Line road
widening required by the County of Elgin as a Condition of Approval. The proposed Retained Lot is to be rezoned from the ‘A1’ Zone to a ‘Special Agricultural (A2)’ Zone to prohibit new dwellings. The subject lands are known as 56796 Glen Erie Line, north side and east of Stafford 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 E2-24 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 before 12:00 Noon on Thursday, April 25, 2024 to munderhill@bayham.on.ca or at the municipal office to be included in the zoning 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 12th day of April 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
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Scott Sutherland, Chief Building Official
DATE: April 18, 2024
REPORT: DS-24/24 SUBJECT: 1st QUARTER REPORT
BACKGROUND
The purpose of this Report is to inform Council of the activities of Building Services for the first quarter of the year for 2024.
DISCUSSION:
Building Services: The summary of building permits issued in the first quarter is as listed in the chart below:
Year 2024 2023 2022
No. permits issued 18 25 47
Permit fees $32,083 $15,685 $66,035
Construction Value $4,604,000 $2,672,300 $7,165,000 Houses 6 2 9 Farm Buildings 1 0 4
ICI Building 3 NA NA
Demolition 1 NA NA
Other 7 23 34
Q1 2024 total building permits were down 28 percent from Q1 2023, and 62 percent from Q1 2022, as identified in the above table. This is likely indicative of continued pressure on the building industry due to inflation and interest rates impacting building projects. Despite the
decrease in total building permits, there was a significant increase in new house permits issued in Q1 2024 when compared to Q1 last year (6 versus 2). This increase in new house permits also translates to an increase permit fees and construction value, which was bolstered by ICI
(Industrial, Commercial, Institutional) permitting activity. This is the first building report where ICI has been broken out from the Other category for permit types.
STRATEGIC PLAN
Not applicable. RECOMMENDATION 1. THAT Report DS-24/24 re 1st Quarter Report be received for information.
Respectfully Submitted by: Reviewed by: Scott Sutherland, CBCO Thomas Thayer, CMO, AOMC
Chief Building Official Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor and Council Members
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 18, 2024
REPORT: DS-27/24 FILE NO. C-07 / D12.SCHR
Roll # 34-01-000-007-05100 SUBJECT: Development Agreement Re Minor Variance A-03/24 Roy Schrijver Farms Ltd.
53777 Talbot Line
BACKGROUND:
On May 4, 2023, Council passed By-law No. 2023-032 authorizing the Temporary Use and
Demolition Agreement between Roy Schrijver Farms Ltd. and the Corporation of the Municipality
of Bayham for property at 53777 Talbot Line to permit the use of the existing single-detached
dwelling while constructing a new house on the same property and requiring the demolition of the
existing dwelling when the new dwelling is complete.
The Owner has constructed the new dwelling and wants to retain the existing single-detached
dwelling for the purpose of a supplementary farm dwelling to house seasonal farm labourers.
On March 7, 2024, the Committee of Adjustment granted Minor Variance Application A-03/24 for a variance to permit the conversion of an existing two-storey single-detached dwelling of 240 m2 (2,583.3 sq. ft.) in gross floor area to a supplementary farm dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the permanent building subject to a condition that a Development Agreement be executed within six (6) months of the minor variance approval. DISCUSSION: The attached Development Agreement includes the following requirements: the time period for occupation between April 1st and November 30th, the time period for removal, building and site
maintenance, potable drinking water supply, septic services, building permits, and inspection requirements.
Staff recommend approval of the Development Agreement to satisfy the condition of Minor Variance Application A-23/24. STRATEGIC PLAN Not applicable.
Staff Report DS-27/24 R Schrijver
Page 2 ATTACHMENTS 1. Draft By-law No. 2024-019 Development Agreement RECOMMENDATION
THAT Report DS-27/24 regarding the Roy Schrijver Farms Ltd. Development Agreement be received; AND THAT Council authorize the execution of a Development Agreement between the Municipality and Roy Schrijver Farms Ltd. to permit the existing two-storey single-detached dwelling to be deemed as a supplementary farm dwelling to be used for the
accommodation of a maximum of ten (10) seasonal farm labourers at 53777 Talbot Line; AND THAT By-law No. 2024-019 be presented 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. 2024-019 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN
ROY SCHRIJVER FARMS LTD. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9),
may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; A0D WHEREAS Roy Schrijver Farms Ltd. is the owner of lands in Concession 7 NTR N Pt Lots 110, 111 RP 11R6757 Pt Part 1 known municipally as 53777 Talbot Line, in the Municipality of Bayham, County of Elgin;
AND WHEREAS, on May 4, 2023, Council passed By-law No. 2023-032 authorizing the Temporary Use and Demolition Agreement (“Agreement”) between Roy Schrijver Farms Ltd. and
the Corporation of the Municipality of Bayham to permit the use of the existing two-storey single-detached dwelling while constructing a new house on the same property and requiring the demolition of the existing dwelling when the new dwelling is complete; AND WHEREAS the Owners want to retain the existing two-storey single-detached dwelling for the purpose of a supplementary farm dwelling to house seasonal farm labourers from April 1 to November 30 in any calendar year; AND WHEREAS, on March 7, 2024, the Municipality of Bayham Committee of Adjustment granted Minor Variance Application A-03/24, including the condition that the owners execute a development agreement for the deeming of an existing two-storey single detached dwelling as one (1)
supplementary farm dwelling as per policies of Section 2.1.10 of the Official Plan and Section 45 of the Planning Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Roy Schrijver Farms Ltd. fixed hereto and forming part of this By-law and marked as Schedule “A”.
2. THAT By-law No. 2023-032 is hereby repealed in its entirety. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF APRIL 2024. MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Council Members
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 18, 2024
REPORT: DS-28/24 FILE NO. C-07 / L03
Roll # 34-01-000-005-15600 SUBJECT: By-law 2024-020 - Temporary Use and Demolition Agreement
Dale and Wendy Baldwin, 56444 Talbot Line
BACKGROUND: Dale and Wendy Baldwin, owners of 56444 Talbot Line, approached the Municipality requesting to continue to use their existing dwelling on their property while constructing a new residence on the same property.
DISCUSSION: Pursuant to Zoning By-law Section 4.12, a landowner intending to use an existing dwelling during construction may do so with an approved Temporary Use and Demolition Agreement in place with a security deposit filed with the Municipality. The Owners have applied for a building permit for the new dwelling and await the approval of the Temporary Use and Demolition Agreement attached. Once the Agreement is approved, they will submit the required security deposit to the Municipality. STRATEGIC PLAN Not applicable.
ATTACHMENTS
1. Draft By-law No. 2024-020 - Temporary Use and Demolition Agreement RECOMMENDATION
THAT Report DS-28/24 regarding the Baldwin Temporary Use and Demolition
Agreement be received; AND THAT By-law No. 2024-020, being a by-law to authorize an agreement between
Staff Report DS-28/24 Baldwin Page 2
Dale and Wendy Baldwin and The Corporation of the Municipality of Bayham, be presented 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. 2024-020 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TEMPORARY USE AND DEMOLITION AGREEMENT BETWEEN DALE AND WENDY BALDWIN AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law No. Z456-2003, provides that as a temporary use, an existing residence located on the subject property may remain in place and be occupied while a new residence is constructed on the same subject property.
AND WHEREAS the Property Owner has applied for a building permit for construction of a new residence at 56444 Talbot Line, legally described as Concession 10 S Pt Lot 15, being
Assessment Roll No. 3401-000-005-15600. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized and directed to execute the Temporary Use and Demolition Agreement with Dale and Wendy Baldwin attached hereto and forming part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF APRIL 2024.
MAYOR CLERK
SCHEDULE ‘A’ TO BY-LAW NO. 2024-020 THIS TEMPORARY USE AND DEMOLITION AGREEMENT DATED THE 18TH DAY OF APRIL 2024 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the “Municipality”) -and- DALE AND WENDY BALDWIN (Hereinafter called the “Property Owner”)
WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law No. Z456-2003 (hereinafter referred to as the “By-law”), provides that as a temporary use, an existing dwelling located on the subject property may remain in place and be occupied while a new dwelling is constructed on the same subject property; AND WHEREAS the Property Owner has applied for a building permit for construction of a new dwelling at 56444 Talbot Line, legally described as Concession 10 S Pt Lot 15, Assessment Roll No. 3401-000-005-15600 with a request to reside in the existing dwelling during construction; AND WHEREAS the Property Owner commits to submitting a security deposit in the amount of $10,000.00 dollars to the Corporation of the Municipality of Bayham;
AND IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as follows:
1. The Owner shall apply for a building permit to construct within three (3) months of the date of the passing of this By-law.
2. The Owner agrees that the construction of the new dwelling shall be completed and occupied within two (2) years of the passing of this By-law. 3. The Owner agrees to demolish the existing single-detached dwelling within six (6) months of the occupancy of the new dwelling or within two (2) years of completion of construction of the new dwelling, whichever comes first. 4. The Owner shall pay the required $10,000.00 security deposit to the Municipality of Bayham in the form of a bank cheque, certified cheque or a certified Letter of Credit to be held until such time as the existing dwelling is completely demolished and all debris removed to the satisfaction of the Municipality of Bayham’s Chief Building Official.
5. Failure to comply with this Agreement will result in the Municipality of Bayham using the security deposit funds to demolish the existing dwelling and remove all debris. Any and all additional costs for this demolition incurred by the Municipality will be added to the property taxes of the subject property Assessment Roll No. 3401-000-005-15600. .
IN WITNESS WHEREOF the parties have executed this Agreement as at the date first stated above. SIGNED, SEALED AND DELIVERED ________________________________
) Dale Baldwin, Owner
)
)
__________________________ ) ________________________________ Signature of Witness ) Wendy Baldwin, Owner ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM )
) __________________________________ ) Ed Ketchabaw, Mayor ) ) ) __________________________________ ) Thomas Thayer, Chief Administrative Officer ) ) We have authority to bind the Corporation.
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 18, 2024
REPORT: DS-29/24 FILE NO. C-07 / D13.PETE
Roll # 3401-000-004-13800 SUBJECT: Rezoning Application ZBA-11/24 Peters, J & K
9704 Plank Road, Straffordville
Draft Zoning By-law No. Z778-2024 BACKGROUND
Appointed Agent Tony Guenther has submitted a rezoning application on behalf of Jacob and
Katharina Peters to rezone their property at 9704 Plank Road, east side in the hamlet of
Straffordville. The property is designated as “Residential” on Schedule ‘B’ - Straffordville Land
Use and Constraints in the Official Plan and zoned Village Residential 1 (R1) Schedule ‘F’ -
Straffordville in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property from ‘Village Residential (R1)’ Zone to a ‘Site-Specific Village Residential (R1-22)’ 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 (807.3 ft2) is permitted. 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.
The public meeting was held on April 4, 2024 with no signed in attendees and no written public submissions. DISCUSSION
The owner is seeking permission to construct an oversized garage to store an RV and garden tractors, equipment, and personal storage. The planner’s memorandum, dated March 27, 2024, provides an analysis of the application against the Official Plan and Zoning By-law.
Staff Report DS-29/24 Peters 2
Given the size and location of the detached garage, staff have concerns with drainage impacts to the abutting lands and water retention on the subject lands. It will be a requirement that an
approved engineered grading plan for the property, including the future detached garage, is required prior to the issuance of a building permit for the detached garage. It will also be required that the owner includes garage eavestroughs and downspouts on the Building Plans demonstrating that water is not directed towards the southern property line prior to the issuance of a building permit. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the retained parcel from Village Residential 1 (R1) to Site-specific Village Residential (R1-22) to permit he construction of the oversized personal storage garage. STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. Rezoning Application ZBA-11/24 Peters
2. Arcadis Memorandum, dated March 27, 2024 3. Draft Zoning By-law No. Z778-2024 RECOMMENDATION THAT Report DS-29/24 regarding the Peters rezoning application ZBA-11/24 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 April 4, 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 126 Concession 7, known municipally as 9704 Plank Road, from Village Residential 1 (R1) to Site-Specific Village Residential (R1-22) to permit a proposed accessory structure (detached garage) on the subject
property with a Maximum Height of 5.2 metres (17.1 feet) and a Maximum Floor Area of 149.0 m2 (1,603.8 ft2); AND THAT Zoning By-law No. Z778-2024 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
101-410 Albert Street Waterloo, ON, N2L 3V3 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date March 27th, 2024
From Christian Tsimenidis, BES Project No 3404 - 933
cc William Pol, MCIP, RPP
Subject Jacob and Katharina Peters - Application for Zoning By-law Amendment ZBA-11-24, 9704 Plank Road, Straffordville
Background
1. Arcadis has completed a review of the application for Zoning By-law Amendment
submitted by the applicant, Tony Guenther, on behalf of the owners Jacob and
Katharina Peters for 9704 Plank Road, east side, and north of Heritage Line, in the
Village of Straffordville. The applicant is requesting a Zoning By-law Amendment to
rezone the subject property from ‘Village Residential 1 (R1)’ Zone to a ‘Site-Specific
Village Residential 1 (R1-22)’ 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 applicant intends to use
the proposed detached garage to store their RV, as well as garden tractors and
equipment to maintain the subject property.
2. The lands are currently designated as ‘Residential’ in Schedule ‘B’ – Straffordville:
Land Use and Constraints in the Municipality of Bayham Official Plan. The lands
are currently zoned ‘Village Residential 1 (R1)’ in Schedule ‘F’ – Straffordville in
Zoning By-law No. Z456-2003.
Subject Property and Surrounding Area
3. The subject property has a lot area of approximately 6,789.6 m2 (0.678 ha.),
estimated lot frontage of 72.6 m (238.2 ft), and a lot depth of 79.7 m (261.5 ft). The
subject property comprises of an existing single-detached dwelling with an attached
two-door garage. The existing buildings/structures on the subject property will
remain as they exist today. An existing gravel driveway from Plank Road is currently
used to access the subject property and will remain unaltered. It should be noted
that a portion of the driveway access is shared with the immediate parcel to the
south identified as 9702 Plank Road. The subject property is currently serviced by
private well and private septic system, which will remain unaltered and unimpacted
as a result of this application/proposed accessory garage. Natural vegetation,
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
2
including mature trees, exist on the subject property, however, these are not
identified as significant ‘Natural Heritage’ features in the Bayham Official Plan.
4. The subject property is immediately adjacent to existing low-rise residential
dwellings to the south and west across Plank Road. Based on our review of these
surrounding properties, the subject property is larger in size and frontage relative
to the existing residential parcels to the south. The subject property is adjacent to
an existing agricultural field to the east that is located outside of the Village of
Straffordville boundary. To the north exists natural vegetation not identified as
having ‘Natural Heritage’ significance in the Bayham Official Plan, as well as
parcels that are zoned ‘Rural Residential (RR)’ and ‘Estate Residential (ER)’
outside of the settlement area boundary.
Public Comments
5. A statutory Public Meeting was held on March 21, 2024, and no written or verbal
feedback from the public was received.
Municipality of Bayham Official Plan
6. The Bayham Official Plan designates the subject property as ‘Residential’ in
Schedule ‘B’ – Straffordville: Land Use and Constraints. As per Section 4.5.2.1 of
the Official Plan, the ‘Residential’ land use designation is intended to primarily
encourage and support the development of single-detached dwellings supported
by accessory uses in order to maintain a low-rise residential built-form.
7. Comment: The proposed accessory building will support the existing single-
detached dwelling to remain on the subject property, which is a permitted use. It is
our opinion that the proposed height of 5.2 metres, whereas 4.5 metres is required
for an accessory building, will still maintain the general intent and purpose of the
Official Plan, being that low-rise nature and built-from (1-2 storeys) of the Village of
Straffordville will be maintained. Further, the proposed size of the detached garage,
being 149.0 m2, will have a building floor area that is 56% in size of the existing
single-detached dwelling and attached garage (262.0 m2), thus maintaining the
accessory nature relative to the primary use’s building/structure on-site.
8. Section 4.2.5 of the Official Plan provides general policy direction with respect to
“Community Design” in order to encourage a high standard of community design
and quality of place for Bayham’s residents. More specifically, this Section
describes promoting improvement of the physical character, appearance and safety
of streetscapes, encouraging tree retention on private lands, and efficient
development of patterns.
9. Comment: It is our opinion that the proposed oversized detached garage will
maintain the intent of Section 4.2.5 of the Official Plan, as the detached garage will
be utilized for the storage of an RV, garden tractors and equipment, thus reducing
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
3
negative visual impacts from outdoor storage from the streetscape. The proposed
54 metre setback from the front lot line also minimizes visual impacts from the
public realm. Further, it is our opinion that the oversized detached garage has
consideration for the retention of existing trees on the subject property, as the
accessory building is proposed in the southern portion away from majority of
existing trees to the north. The northern portion of this site is also impacted by a
significant grade change. This will make efficient use of the subject property where
there are limited numbers of trees relative to the northern portion of the site, thus
minimizing visual impacts from the public realm.
10. Based on the analysis provided above, it is our opinion that the proposed Zoning
By-law Amendment Application would conform to the Bayham Official Plan.
Municipality of Bayham Zoning By-law
11. The subject property is currently zoned ‘Village Residential 1 (R1)’ in Schedule ‘F’ – Straffordville in Zoning By-law No. Z456-2003. As per Section 10.11.b) of the Zoning By-law, the Maximum Height for an accessory building in the R1 Zone is 4.5 metres. The intent of this regulation is to ensure that accessory buildings/structures maintain the low-rise built-form of 1 to 2 storeys in height.
12. Comment: It is our opinion the existing single-detached building and attached
garage can be considered 1 to 1.5 storey’s in height. It is our opinion that the
proposed height of 5.2 metres for the detached garage maintains the intended low-
rise built form of the existing zone and surrounding area. The proposed height of
5.2 metres would be lower than the permitted 7.0 metres for primary uses/buildings
on the subject property, thus maintaining a height that is in keeping with the
accessory nature of the proposed structure.
Further, the side lot line (to the south) adjacent to the proposed detached garage
features an existing fence and trees on the neighbouring property, thus providing a
visual buffer/barrier. The proposed location of the detached garage also provides
sufficient separation and/or buffering from the adjacent single-detached dwelling on
9702 Plank Road to the south. Therefore, it is our opinion that the proposed height
of 5.2 metres (1.2 metre exceedance) meets the general intent and purpose of the
Zoning By-law, as it maintains compatibility with the intended low-rise built form. It
is our opinion that the proposed height will not have significant or adverse impacts
to the neighbouring properties.
13. As per Section 10.11.c) of the Zoning By-law, the Maximum Floor Area for an
accessory building in the R1 Zone is 75 m2 or 8% lot coverage, whichever is less.
In this case, given that 8% of the subject property is 543.2 m2, the Maximum Floor
Area of 75 m2 would apply. The intent of this regulation is to avoid large scale
accessory buildings which may have an impact to the surrounding area and
neighbours.
ARCADIS MEMORANDUM
Municipality of Bayham – March 27, 2024
4
Comment: It is our opinion that the proposed Maximum Floor Area of 149.0 m2
meets the general intent and purpose of the Zoning By-law, as the size of the
subject property and proposed location of the detached garage mitigates adverse
impacts to the adjacent lots and public realm for the following reasons. As
previously mentioned in this Memo, the subject property is larger in size and
frontage relative to the adjacent residential lots on the eastern side of Plank Road.
Though the Maximum Floor Area represents a 98.6% increase from the permitted
size of 75.0 m2, it would only represent a 2.2% lot area coverage of the subject
property, and if combined with the existing single-detached dwelling and attached
garage, this would equate to a total lot coverage of approximately 6.1% for all
buildings/structures.
The proposed detached garage would be buffered by the existing fence and trees
on the neighbouring lot to the south. All other zoning provisions pertaining to
accessory uses, notably the setbacks and its location behind the single-detached
dwelling and front yard, would be met. Concerns of visual impacts from the public
realm and neighbouring lot due to outdoor storage would be mitigated, as the
oversized garage will allow the owners to store their RV, as well as garden tractors
and equipment inside. The proposed accessory building would still be smaller and
subordinate to the main dwelling portion’s building floor area of 202.9 m2 (not
including the attached garage) on the subject property. Therefore, it is our opinion
that the proposed Maximum Floor Area of 149.0 m2 (74.0 m2 exceedance) meets
the general intent and purpose of the Zoning By-law and it is our opinion that it will
not have significant impacts to the surrounding area and neighbouring lots.
14. Therefore, based on the analysis provided above, it is our opinion that the proposed
oversized accessory detached garage maintains the general intent and purpose of
the Zoning By-law.
Conclusion and Recommendations
15. Based on our review, Arcadis has no objection to the requested Zoning By-law
Amendment Application to rezone the subject property from ‘Village Residential 1
(R1)’ Zone to a ‘Site-Specific Village Residential 1 (R1-22)’ 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) and a Maximum Floor Area of 149.0 m2 (1,603.8
ft2).
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z778-2024
PETERS
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 ‘Village Residential 1 (R1)’ Zone to a ‘Site-Specific Village Residential 1 (R1-22)’ Zone, which
lands are outlined in heavy solid lines and marked “R1-22” on Schedule “F” (Straffordville) 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 10.12 Exceptions – Village Residential (R1) Zone by adding the following clauses:
10.12.22.1 Defined Area
R1-22 as shown on Schedule “F” (Straffordville) to this By-law.
10.12.22.2 Regulations for Accessory Buildings
Notwithstanding the provisions of Section 4.2 and Section 10.11 of this By- law, the following shall apply:
Maximum Height: 5.2 metres
Maximum Floor Area: 149.0 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 18TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF APRIL 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 18, 2024
REPORT: DS-30/24 FILE NO. C-07 / D13.CHR
Roll # 3401-000-002-16900 SUBJECT: Rezoning Application ZBA-05/24 CHR Farms Ltd.
56573 Calton Line
Draft Zoning By-law No. Z773-2024 BACKGROUND
Appointed Agent Jesse Froese has submitted a rezoning application on behalf of CHR Farms
Ltd. to rezone their property at 56573 Calton Line, south side of Calton Line, east of Plank
Road. The property is designated as “Agriculture” “Natural Heritage” and “Natural Gas
Reservoir” on Schedule ‘A1’: Land Use and “Hazard Lands” and “Significant Woodlands” and
there is an “Existing Petroleum Well” identified on Schedule A2: Constraints of the Official Plan.
The lands are zoned Site-specific Agricultural (A1-A-34) and portions of LPRCA Regulation
Limit on Schedule “A1’ Map No. 11 in the 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 the ‘Site-Specific Agricultural (A1-A-34)’ Zone to ‘Rural Residential (RR)’ Zone. The proposed Retained Lot is to be rezoned from the ‘A1-A-34’ Zone to a ‘Site-
Specific Special Agricultural (A2-19)’ 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 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. The public meeting was held on April 4, 2024 with no signed in attendees and no written public submissions.
Staff Report DS-30/24 CHR Farms 2
DISCUSSION
Staff Report DS-70/23 regarding the Consent Application E8-24 along with the planner’s memorandum, dated December 13, 2023, was presented, considered and supported by Council on December 21, 2023 with a condition 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-A-34) Zone to Rural Residential (RR) and the retained parcel from Agricultural (A1-A-34) Zone to Special Agriculture (A2-19) 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-05/24 CHR Farms Ltd.
2. Draft Zoning By-law No. Z773-2024 RECOMMENDATION THAT Report DS-30/24 regarding the rezoning application ZBA-05/24 CHR Farms Ltd. be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held April 4, 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 Lots 18 and 19 Concession 4, known
municipally as a 56573 Calton Line, from Agricultural (A1-A-34) to Rural Residential (RR) on the severed lot and from Agricultural (A1-A-34) to Site-specific Special Agriculture (A2-19) on the retained parcel as a condition of Consent E8-24 to permit the
severance of a surplus farm dwelling; AND THAT Zoning By-law No. Z773-2024 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. Z773-2024
CHR 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 the ‘Site-Specific Agricultural (A1-A-34)’ Zone to Rural Residential (RR) Zone, which lands are outlined in heavy solid lines and marked “RR” 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 Schedule “A” Map No. 11 by changing the zoning symbol on a portion of the lands from
the ‘Site-Specific Agricultural (A1-A-34)’ Zone to a Site-Specific Special Agriculture (A2-19) Zone, which lands are outlined in heavy solid lines and marked “A2-19” on Schedule “A” Map No. 11 to this By-law, which schedule is attached to and forms part of this By-
law.
3) 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 and removing clauses 5.12.34, 5.12.34.1, 5.12.34.2, and 5.12.34.3:
6.12.19.1 Defined Area
A2-19 as shown on Schedule “A”, Map No. 11 to this By-law.
6.12.19.2 Additional Permitted Uses
A maximum of three (3) supplementary farm dwellings in portions of two (2) existing buildings 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.
6.12.19.3 Maximum Building Area for Supplementary Farm Dwellings
333.0 square metres
6.12.19.4 Minimum Side Yard Depth
Notwithstanding the regulation of subsection 6.9 of this By-law, the Minimum Side Yard Depth for the existing accessory building erected prior to the date of the passing of this By-law shall be 7.2 metres.
4) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 18TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF APRIL 2024.
MAYOR CLERK
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 18, 2024
REPORT: DS-31/24 FILE NO. C-07 / D09.24JURE
Roll # 3401-000-006-04300
SUBJECT: Consent Application E35-24 Jurenas 10122 Sandytown Road
BACKGROUND
Consent application E35-24 was received from the Elgin County Land Division Committee, as
submitted by Appointed Agent David Roe on behalf of Penny and Peter Jurenas, proposing to sever
a parcel located at 10122 Sandytown Road, east side, and north of Maple Grove Line. The applicant
is requesting consent to sever a parcel of 18.41 hectares (45.5 acres) of land and to retain 26.25
hectares (64.9 acres) of land with the intent to divide the existing 44.67 hectare (110.4 acre)
agricultural lot into two (2) distinct agricultural lots.
The subject land is designated “Agriculture” and portions of “Natural Heritage” on Schedule ‘A1’
(Land Use) in the Official Plan. The north-eastern portion is located within ‘Hazard Lands’ and
‘Significant Woodlands’ associated with the “Natural Heritage’ designation on Schedule ‘A2’
(Constraints of the Official Plan. The majority of the lands are zoned ‘Special Agricultural (A2)’ with
the north-eastern portion being ‘LPRCA Regulation Limit’ on Schedule ‘A1’ Map No. 5 of Zoning By-
law No. Z456-2003.
Elgin County Land Division Committee will consider the application on May 22, 2024.
DISCUSSION The planner’s memorandum, dated April 10, 2024 and attached hereto, analyzes the application subject to the County of Elgin Official Plan, and the Municipality of Bayham Official Plan and Zoning By-law.
The standard conditions would include: civic numbering signage for the retained lot, survey, cash in lieu payment for the creation of a lot, and the planning report fee. Other conditions apply regarding an approved municipal road access for the retained lot, drain deposit for reassessment (Wilson
Staff Report DS-31/24 Jurenas 2
Drain). Staff and municipal planner recommend the support of the consent application for the division of an agricultural parcel in to two (2) parcels fronting on Sandytown Road with the recommended
conditions. STRATEGIC PLAN
Not Applicable. ATTACHMENTS 1. Consent Application E35-24 2. Arcadis Memorandum, dated April 10, 2024 RECOMMENDATION
THAT Report DS-31/24 regarding the Consent Application E35-24 Jurenas be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E35-24 be granted subject to the following conditions and considerations:
1. The Owner obtains approval of a Zoning By-law Amendment for the proposed severed lot from a “Special Agricultural (A2)’ Zone to a “Site-specific Special Agricultural (A2-XX) Zone to permit a Minimum Lot Area of 18.41 hectares. 2. That the Owner initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for a municipal drain (Wilson 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. 3. The Owner pay the planning report fee due and payable to the Municipality upon
consent approval. 4. The Owner pay the Cash in Lieu of Parkland Dedication fee to the Municipality as required in Municipal By-law No. 2020-053.
5. The Owner provide a digital copy of the registered plan of survey of the subject land to the Municipality. 6. The Owner purchase a civic number sign for the retained lot.
7. The Owner obtain a Road Access Permit for an approved access to the retained lot. 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 April 10, 2024
From Christian Tsimenidis, BES Project No 3404 - 937
cc William Pol, MCIP, RPP
Subject Penny and Peter Jurenas – 10122 Sandytown Road – Application for Consent E35-24
Summary and Background
1. Arcadis has completed a review of Consent Application E35-24, submitted by
David Roe, Civic Planning Solutions Inc., on behalf of Penny and Peter Jurenas,
owners of the lands located at 10122 Sandytown Road, east side, and north of
Maple Grove Line. The applicant is requesting consent for severance of 18.41
hectares (45.5 acres) of land and to retain 26.25 hectares (64.9 acres) of land.
The intent is to divide the existing 44.67 hectare (110.4 acre) agricultural lot into
two (2) distinct agricultural lots.
2. The proposed severed lot has a lot frontage of 579.4 metres (1,900.9 feet) and
lot depth of 217.9 metres (714.9 feet). The severed lot will accommodate the
existing single-detached dwelling, as well as the existing accessory buildings
supporting the current agricultural operations. The proposed retained lot has a lot
frontage of 409.3 metres (1,342.8 feet) and lot depth of 568.9 metres (1,866.5
feet). The lands to be retained will be vacant, consisting of no existing buildings
or structures. The applicant is not proposing a new single-detached dwelling on
the retained lot, as they are prohibited in the existing A2 Zone to remain. Both the
retained and severed lot will continue to be used for agricultural purposes. There
are three (3) existing driveway accesses along Sandytown Road to the subject
property, all of which provide access to the proposed severed parcel. As a
Condition of Approval, the owner is required to obtain a Road Access Permit for
an approved access to the retained lot.
3. The surrounding uses are predominantly agricultural, with natural heritage
features traversing through the subject property and surrounding lands to the
north and east. Given that the proposed Consent Application will not result in a
change of land use or new building/structures, the existing natural heritage
features will not be impacted.
4. The lands are designated as ‘Agriculture’ and portions of ‘Natural Heritage’ on
Schedule ‘A1’ (Land Use) in the Bayham Official Plan. The north-eastern portion
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – April 10, 2024
2
of the lands are located within ‘Hazard Lands’ and ‘Significant Woodlands’
overlay, which are associated with the ‘Natural Heritage’ designation, on
Schedule ‘A2’ (Constraints) of the Bayham Official Plan. The majority of the lands
are zoned ‘Special Agricultural (A2)’, with the north-eastern portion being ‘LPRCA
Regulation Limit’, on Schedule ‘A1’ Map No. 5 of the Municipality of Bayham
Zoning By-law Z456-2003.
Provincial Policy Statement
5. The Provincial Policy Statement (hereafter, “PPS”) provides policy direction with
respect to Lot Creation and Lot Adjustments in prime agricultural areas. Section
2.3.4.1.a) of the PPS reads as follows:
a) agricultural uses, provided that the lots are of a size appropriate for the
type of agricultural use(s) common in the area and are sufficiently large to
maintain flexibility for future changes in the type or size of agricultural
operations;
6. Comment: It is Arcadis’s opinion that the proposed severed lot with an area 18.41
hectares (45.5 acres) and frontage of 579.4 metres (1,900.9 feet), as well as the
proposed retained lot with an area of 26.25 hectares (64.9 acres) and frontage of
409.3 metres (1,342.8 feet) is appropriate for the type of agricultural use and crop
grown on the subject lands. While the PPS does not prescribe a minimum size for
agricultural lots, it is Arcadis’s opinion that proposed agricultural lots will result in
parcels that are adequately sized for current and future farm operations, as
demonstrated by the applicant. Therefore, it is our opinion that the proposed
severance is consistent with the PPS, subject to the Conditions of Approval listed
below.
Elgin County Official Plan
7. In the Elgin County Official Plan (hereafter, ‘Elgin OP’), policies for Consent and
Lot Creation on Lands in the Agricultural Area are found in Section E1.2.3 (New
Lots by Consent). Section E1.2.3 indicates that proposals for Consent shall be in
conformity with the relevant policies in the Elgin OP, the local Official Plan and
the provisions of the Planning Act. Elgin County OP Section E1.2.3.1 provides
further direction with respect to the general criteria that consent applications shall
address as follows:
Provisional consent may be granted subject to appropriate conditions of
approval for the severed and/or retained lot. Prior to issuing provisional consent
for a new lot for any purpose, the approval authority shall be satisfied that the
lot to be retained and the lot to be severed:
a) Fronts on and will be directly accessed by a public road that is maintained
on a year-round basis;
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – April 10, 2024
3
Comment: The proposed severed and retained lots will have direct access
to Sandytown Road. As a Condition of Approval, the owner is required to
obtain a Road Access Permit for an approved access to the retained lot.
b) Does not have direct access to a Provincial Highway or County Road,
unless the Province or the County permits a request for access;
Comment: Not applicable, as Sandytown Road is identified as a Local
Road.
c) will not cause a traffic hazard;
Comment: The proposed severance will not cause a traffic hazard, as the
existing accesses to the dwelling and agricultural operations will remain
unaltered as they exist today. As a Condition of Approval, the owner is
required to obtain a Road Access Permit for an approved access to the
retained lot.
d) has adequate size and frontage for the proposed use in accordance with
the local municipal Zoning By-law;
Comment: The proposed retained lot will meet the minimum lot frontage
and area for the A2 Zone, however, the proposed severed lot will not meet
the minimum lot area of 20.0 ha., as there will be a deficiency of 1.59 ha.
As per Paragraph 11 of this Memo, the owner is required to submit a Zoning
By-law Amendment to permit the undersized severed lot. It is our opinion
that the 1.59 ha. deficiency will still provide an adequately sized severed
lot for the continued agricultural use.
e) notwithstanding d) above, where a zoning by-law amendment or minor
variance is required, approval of such amendment or variance shall be
included as a condition of the approval of the consent;
Comment: As a Condition of Approval, the applicant is required to rezone
the proposed severed lot. Please see Paragraph 11 of this Memo below.
f) can be serviced with an appropriate water supply and means of sewage
disposal, provided there is confirmation of sufficient reserve sewage
system capacity and reserve water system capacity within municipal
sewage services and municipal water services;
Comment: The owner/applicant provided supporting private water and
septic servicing information as part of the complete application for the
existing dwelling. It was demonstrated that the existing private servicing is
in adequate condition to support the existing single-detached dwelling on
the proposed severed lot. No servicing is required for the retained lot to
remain vacant.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – April 10, 2024
4
g) will not have a negative impact on the drainage patterns in the area;
Comment: There are no physical changes to the lands proposed,
therefore, no negative impacts to drainage patterns are anticipated.
h) will not restrict the development of the retained lands or other parcels of
land, particularly as it relates to the provision of access, if they are
designated for development by this Plan;
Comment: The proposed consent will not restrict the development of the
retained lands (or other parcels), as the lands have frontage along
Sandytown Road. As a Condition of Approval, the owner is required to
obtain a Road Access Permit for an approved access to the retained lot.
i) will not have a negative impact on the significant features and functions of
any natural heritage feature; in this regard, lots should be restricted in size
in order to conserve other lands in larger blocks for natural heritage
purposes;
Comment: The existing development is located outside of the natural
heritage features that traverse the subject property in the north-eastern
portion of the site. The natural heritage features are within the proposed
retained lot, which will remain unaltered as a permitted use for agricultural
operations.
j) will not have a negative impact on the quality and quantity of groundwater
available for other uses in the area;
Comment: The proposed severance will not have negative impact on the
quality and quantity of groundwater in the area, as demonstrated by the
documentation provided by the applicant.
k) will not have an adverse effect on natural hazard processes such as
flooding and erosion;
Comment: The proposed severance does not propose any physical
changes to the subject lands, as the existing single-detached dwelling and
agricultural operations will remain as they exist today. Therefore, no
adverse impacts will occur.
l) conform with the local Official Plan; and,
Comment: The proposed severance will conform to the Bayham Official
Plan. Please see Paragraph 9 of this Memo below for details.
m) will conform to Section 51 (24) of the Planning Act, as amended.
Comment: Section 51(24) of the Planning Act pertains to the consideration
of a Draft Plan of Subdivision and is not applicable to this application.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – April 10, 2024
5
8. Section E1.2.3.4 provides specific policy direction with respect to “Lot Creation on
Lands in the Agricultural Area”. The following provides an analysis of the policy
and criteria:
In accordance with the intent of this Plan to maintain and protect the agricultural
resource of the County and direct the majority of new residential growth to
settlement areas or existing vacant building lots, new lots may be permitted if
the local Official Plan supports their creation and if:
a) the lot is to be severed to create a new farm lot and both the retained and
severed parcels each have a lot area of about 40 hectares; or as
established in the local planning documents or,
Comment: As per the local Zoning By-law, the A2 Zone requires a
minimum lot area of 20.0 ha. As previously stated, the proposed retained
lot will meet the minimum lot frontage and area for the A2 Zone, however,
the proposed severed lot will not meet the minimum lot area of 20.0 ha., as
there will be a deficiency of 1.59 ha. As per Paragraph 11 of this Memo,
the owner is required to submit a Zoning By-law Amendment to permit the
undersized severed lot. It is our opinion that the 1.59 ha. deficiency will still
provide an adequately sized severed lot for the continued agricultural use.
Therefore, it is our opinion that the proposed Consent Application conforms to the
Elgin OP, subject to the Conditions of Approval listed below.
Municipality of Bayham Official Plan
9. Section 2.1.6 of the Municipality of Bayham Official Plan provides policy direction
with respect to the “Division of Agricultural Parcels”. More specifically, Section
2.1.6.2 of the Official Plan does permit the assembling and disassembling of
agricultural land into more efficient or more productive farming units, provided that
Consent Applications seeking to divide agricultural parcels have regard to the
following criteria:
a) The need to discourage the unwarranted fragmentation of farmland;
Comment: It is Arcadis’s opinion that the proposed severance for the
division of an existing agricultural parcels into two (2) distinct agricultural
parcels will not result in the fragmentation of farmland. The proposed lot
sizes, current and historical crops grown on the subject lands would not
have adverse impacts to the viability of the agricultural lands.
b) The agricultural capability of the land;
Comment: Corn is currently grown on the subject lands and have
historically been used to grow tobacco, as well as vegetable crops like
cucumbers and tomatoes. While the soils are indicated as Class 2 and 4,
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – April 10, 2024
6
as per the Canadian Land Inventory, the applicant has previously grown
higher value vegetable crops.
c) The type of agricultural activity engaged in and proposed to be engaged
in;
Comment: The applicant has noted and demonstrated that the farmlands
are currently used to grow corn and are capable of growing high value
vegetable crop.
d) Both the severed and retained parcels must be sufficiently large enough
to permit flexibility for future changes in the type or size of the farming
operation, in order to meet changing economic conditions;
Comment: It is Arcadis’s opinion that the proposed severed and retained
parcel sizes will provide sufficient area to permit flexibility for future
changes in farming operation. The minimum lot areas and lot frontages for
the proposed retained lot will be met, however, the minimum lot area for
the proposed severed lot will have a deficiency of 1.59 ha. Based on the
current and historical operations of the subject lands, it is our opinion that
this deficiency will not have significant or adverse impacts to the viability
of the agricultural lands for current and future use.
e) The severed and retained parcels are both suitable for the type of
agriculture use(s) common in the area and the farm size is appropriate for
the type of agriculture operation proposed;
Comment: The proposed severed and retained lot sizes are appropriate
for the type of existing agricultural operation and future operation. It is
Arcadis’s opinion that the proposed 1.59 ha. deficiency for the proposed
severed lot will not have significant or adverse impacts to the viability of
the agricultural lands.
f) The requirements of the Planning Act;
Comment: The proposed severance will meet the requirements of the
Planning Act.
g) The minimum farm parcel size as established in the Zoning By-law; and,
Comment: The A2 Zone requires a minimum lot area of 20.0 ha. As
previously stated, the proposed retained lot will meet the minimum lot
frontage and area for the A2 Zone, however, the proposed severed lot will
not meet the minimum lot area of 20.0 ha., as there will be a deficiency of
1.59 ha. As per Paragraph 11 of this Memo, the owner is required to
submit a Zoning By-law Amendment to permit the undersized severed lot.
It is our opinion that the 1.59 ha. deficiency will still provide an adequately
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – April 10, 2024
7
sized severed lot for the continued agricultural use and will not have
significant impacts to future agricultural operations.
h) The Minimum Distance Separation Formula I.
Comment: MDS I does not apply for the proposed severance, as no new
residential development is proposed on the severed or retained lot. The
existing single-detached dwelling will remain as it exists today on the
proposed severed lot, while the retained lot will remain vacant with no
dwelling, as required in the A2 Zone.
Therefore, based on the analysis provided above, the proposed consent is in
conformity with the Bayham Official Plan, subject to the Conditions of Approval
listed below.
Municipality of Bayham Zoning By-law
10. The subject property is currently zoned A2, with the north-eastern portion being
‘LPRCA Regulation Limit’, on Schedule ‘A1’ Map No. 5 of the Municipality of
Bayham Zoning By-law Z456-2003. As mentioned throughout this Memo, the
LPRCA regulated lands will not be impacted by the proposed Consent
Application, as the existing land use and buildings/structures will remain as they
exist today. The following will only discuss the A2 zoned portion of the lands.
11. The proposed severed lot will meet the required Minimum Lot Frontage of 150.0
metres in the A2 Zone, however, the required Minimum Lot Area of 20.0 hectares
will not be met. The proposed severed lot, being 18.41 hectares in size, will have
a lot area deficiency of 1.59 hectares. Therefore, as a Condition of Approval, the
applicant is required to submit a Zoning By-law Amendment for the proposed
severed lot from a ‘Special Agricultural (A2)’ Zone to a ‘Site-Specific Special
Agricultural (A2-XX)’ to permit a Minimum Lot Area of 18.4 hectares. It Arcadis’s
opinion that the proposed lot area deficiency is appropriate and can be supported,
as the 1.59 hectares will not have a significant impact to the existing agricultural
operation and create the fragmentation of agricultural lots.
12. The proposed retained lot will meet the required Minimum Lot Frontage of 150.0
and Minimum Lot Area of 20.0 hectares in the A2 Zone. A new single-detached
dwelling will be prohibited, as per the Section 6.3 of the Zoning By-law for the A2
Zone. Therefore, Arcadis has no concerns with the proposed retained lot.
Conclusion and Conditions of Approval
13. Based on the above review of Consent Application E35-24 we have no objection
to the proposed consent to create a new agricultural parcel and recommend the
following conditions for approval:
a) That the owner obtains approval of a Zoning By-law Amendment for the
proposed severed lot from a ‘Special Agricultural (A2)’ Zone to a ‘Site-
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – April 10, 2024
8
Specific Special Agricultural (A2-XX)’ to permit a Minimum Lot Area of 18.4
hectares;
b) That the owner obtains approval from the Municipality of Bayham for a Road
Access Permit for a new access on Sandytown Road to the proposed
Retained Lot;
c) That the owner initiate and assume, if required, all engineering costs
associated with the preparation of a revised assessment schedule for a
municipal drain (Wilson 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;
d) That the owner provides a Planning Report Fee payable to the Municipality
of Bayham;
e) That the owner pay fees as required in Municipal By-law No. 2020 – 053
Cash-in-lieu of Parkland;
f) That the owner provides a digital copy of a survey of the subject lands, and;
g) That the owner applies and pay’s all fees to the Municipality with respect to
Civic Addressing/signage for the retained lot.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 18, 2024
REPORT: DS-32/24 FILE NO. C-07 / D09.23 GIES
Roll # 3401-000-006-07300
SUBJECT: Consent Application E75-23, Giesbrecht, N & M
11450 Ridge Line, Eden
BACKGROUND
On November 16, 2023, Council considered Consent application E75-23 received from the Elgin County Land Division Committee, as submitted by Neil and Maria Giesbrecht, proposing to sever 5,100 sq. m. (1.26 ac) parcel of land and retain 754,500 sq. m. (186.4 acres) of land for the purpose of creating one (1) residential lot containing an existing dwelling.
Council passed the following resolution:
Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report DS-62/23 regarding Consent Application E75-23 submitted by Neil and Maria Giesbrecht, be received for information; AND THAT Council recommends deferral of Consent Application E75-23 and recirculation if the applicant amends the current application to meet existing policy framework in the Provincial Policy Statement 2020, Elgin County Official Plan, Municipality of Bayham Official Plan and Zoning By-law as follows: a) Consent Application E75-23 would be amended to sever the subject property into two (2) farm parcels, reestablishing parcel fabrics similar to when the subject property wasn’t merged. Therefore, one (1) dwelling would be located on each of the proposed farm parcels. At the time of resubmission, the applicant’s proposal would need to ensure the two (2) farm parcel configurations meet the ‘A1/A1-A’ Zone minimum lot frontage of 150 metres, as well as a minimum lot area of 40.0 hectares
Staff Report DS-32/24 Giesbrecht 2
for the westerly farm parcel and minimum lot area 20.0 hectares for the easterly farm parcel.
If the amended Consent Application is Conditionally Approved by the Elgin County’s Land Division Committee, and the applicant satisfies the conditions and stamping of the deeds has occurred, then the subject property will be severed into two (2) farm parcels. b) Once the lands are successfully severed into two (2) farm parcels, a new Consent Application would be submitted by the applicant for a surplus farm dwelling severance. The new Consent Application would propose to sever the existing single-detached dwelling in the north-western corner of the subject property as a surplus farming dwelling, while the other existing single-detached dwelling would remain on the retained agricultural lands. As a Condition of Approval on the new Consent Application, a Zoning By-law Amendment would be required to rezone the proposed severed surplus farm
dwelling lot to ‘Rural Residential’ (RR) Zone, while the retained agricultural lot would be rezoned to ‘Special Agricultural’ (A2) Zone. The A2 Zone would prohibit any future construction of a new dwelling unit on the retained agricultural lot.
If the new Consent Application is Conditionally Approved by the Elgin County’s Land Division Committee, and the applicant satisfies the conditions and stamping of the
deeds has occurred, the proposed surplus farm dwelling lot and retained agricultural lot will be successfully severed.
On November 22, 2023, Elgin County Land Division Committee deferred the Consent Application
E75-23 pending amendments to the application. Applications deferred by the Land Division
Committee are held for a period of one (1) year from the date of deferral, at which time, if no action
has been taken, the application will lapse.
DISCUSSION
In accordance with Council’s resolution, the Giesbrechts have submitted an amended Consent Application E75-23 to sever the subject property into two (2) farm parcels whereby reestablishing parcel fabrics similar to when the subject property was not merged and a new Consent Application E30-24 to address the proposed surplus farm dwelling severance. Please refer to the attached Arcadis Memorandum, dated April 11, 2024, for the full analysis of both Consent applications subject to the Provincial Policy Statement (2020), County of Elgin Official Plan, and the Municipality of Bayham Official Plan and Zoning By-law.
Based upon the review analysis, the applications as presented meet the PPS, Elgin County Official Plan, and Municipality of Bayham Official Plan and Zoning By-law. Staff and planner support the two (2) consent applications with the recommended conditions.
STRATEGIC PLAN
Not applicable.
Staff Report DS-32/24 Giesbrecht 3
ATTACHMENTS
1.Consent Application E30-24 Giesbrecht2.Revised Consent Application E75-23 Giesbrecht3.Arcadis Memorandum, dated April 11, 2024
RECOMMENDATION
THAT Report DS-32/24 regarding Consent Applications E75-23 and E30-24 submitted by Neil and Maria Giesbrecht, be received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E30-24 and E75-23 be granted subject to the following for each:
E30-24 for the creation of a new agricultural lot, subject to the following conditions:
1.The Owner pay fees as required in Municipal By-law No. 2020-053 Cash- in-lieu ofParkland.2.The Owner provides a digital copy of a survey of the subject lands.3.The Owner provides a Planning Report Fee payable to the Municipality of Bayhamupon consent approval.
E75-23 for a proposed surplus farm dwelling severance, subject to the following conditions:
1.That the Conditions of Approval are satisfied for Consent Application E30-24.2.The Owner obtains approval of a Zoning By-law Amendment for the proposedsevered lot from the ‘Agricultural (A1-A)’ Zone to the “Rural Residential’ (RR) Zone;
3.The Owner obtains approval of a Zoning By-law amendment for the proposedretained lot from the ‘Agricultural (A1-A)’ Zone to the ‘Special Agricultural (A2)’ Zoneto prohibit new dwellings
4.The Owner purchases a civic number sign for the retained lot.5.The Owner provides a digital copy of a survey of the subject lands.6.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 April 11, 2024
From Christian Tsimenidis, BES Project No 3404 - 917
cc William Pol, MCIP, RPP
Subject Neil Giesbrecht - 11306 and 11450 Ridge Line - Application for Consent E30-24 and E75-23
Summary and Background
1. Arcadis has completed the review of two (2) Consent Applications submitted by
Michael G. Szorenyi on behalf of Neil Giesbrecht, owner of the subject lands located
at 11306 and 11450 Ridge Line:
E30-24 – Severance for the creation of a new Agricultural Lot.
E75-23 – Severance for a Surplus Farm Dwelling (Deferred by the Land Division
Committee on November 22, 2023, until E30-24 was submitted by the applicant.
Please see Paragraphs 5 to 6 of this Memo for further context).
One (1) Memo has been prepared for both Consent Applications in order to provide
a comprehensive review of the proposal. The main goal of these Consent
Applications is to sever the existing single-detached dwelling in the north-
western portion of the subject property (11306 Ridge Line) as a ‘surplus farm
dwelling severance’.
E30-24 (Agricultural Lot Severance)
2. The applicant is requesting consent for severance of 40.9 hectares (101.0 acres) of
land and to retain 35.1 hectares (86.7 acres) of land. The intent of this application is
to sever the current 66.0 hectare (163.1 acres) farm parcel into two (2) distinct farm
parcels.
3. The proposed severed lot has a lot frontage of 230.7 metres (756.9 feet) and lot depth
of 1,045.2 metres (3429.1 feet). The severed lot will accommodate the existing single-
detached dwelling, accessory detached garage and shed on 11306 Ridge Line. The
proposed retained lot has a lot frontage of 197.5 metres (647.9 feet) and lot depth of
1,045.2 metres (3429.1 feet). The lands to be retained will accommodate the existing
single-detached dwelling and shop supporting the agricultural operations on 11450
Ridge Line. The existing accesses to each single-detached dwelling and parcel will
remain as they exist today along Ridge Line. Both the single-detached dwellings on
each lot will continue to utilize existing private water and sanitary septic systems.
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
2
Existing natural heritage features are located throughout the southern portion of the
subject property. Given that the proposed Consent Application will not result in new
building/structures and the existing buildings are located outside of these features,
the existing natural heritage features will not be impacted. The subject property is
surrounded by agricultural lots in all directions, rural residential lots along Ridge Line,
and natural heritage features/systems. The subject property is located south of the
Hamlet of Eden.
4. The subject property is designated as ‘Agriculture’ land use, and the southern portion
designated ‘Natural Heritage’, as per Schedule ‘A1’ of the Municipality of Bayham
Official Plan. The subject property is zoned both ‘A1-A’ and ‘A1’ on Schedule ‘A’, Map
No. 6 of Zoning By-law Z456-2003.
E75-23 (Surplus Farm Dwelling Severance)
5. Consent Application E75-23 was submitted by the applicant on October 5, 2023, and
deferred by the Land Division Committee (LDC) on November 22, 2023. The applicant
was seeking to sever the existing single-detached dwelling in the north-western
corner (11306 Ridge Line), to what was believed to be a surplus farm dwelling as a
result of a previous farm consolidation. As per the original Memo prepared by Arcadis
on November 9, 2023, the applicant purchased the subject property in April 2021,
under one PIN (353420172) being a consolidation of two roll numbers #3401-000-
006-07300 and #3401-000-006-08201. Following the purchase, the applicant applied
for a building permit to construct a new single-detached dwelling on roll #3401-000-
006-08201 (north-eastern corner of the property), whereas the existing single-
detached dwelling would remain on roll #3401-000-006-07300 (north-western corner
of the property). At the time the building permit was applied for and issued, MPAC’s
sales and consolidation information stated there were two roll numbers, as previously
noted above. It was later discovered that MPAC’s sales and consolidation information
was not up-to-date, and that only one PIN and one roll #3401-000-006-07300 exists
for the subject property. The merging of the two properties also occurred prior to the
applicant purchasing the subject property. As such, the applicant applied for and
was issued a building permit for the construction of a second single-detached
dwelling on a property with one PIN and one roll number, which is not permitted
in the A1 and A1-A Zone.
6. Based on this information and the planning analysis performed in the original Memo
with respect to the agricultural severance policies in the Provincial Policy Statement
(PPS), County of Elgin Official Plan, and Municipality of Bayham Official Plan, the
proposed Consent Application E75-23 did not meet the criteria to qualify as a ‘surplus
farm dwelling severance’ based on the circumstances. Therefore, due to MPAC’s
sales and consolidation information not being up-to-date and the construction of a
second single-detached dwelling occurring on one (1) farm parcel believed to be two
(2) farm parcels, Arcadis recommended that the LDC defer E75-23. To rectify this
unforeseen circumstance and ensure consistency to the PPS and conformity to the
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
3
County Official Plan and Bayham Official Plan, Arcadis recommended the following
actions:
a) That a new Consent Application be submitted to first sever the subject
property into two (2) farm parcels, reestablishing parcel fabrics similar to when
the subject property wasn’t merged. This is where we are today, as the
current Consent Application E30-24 is seeking to create two (2) distinct
farm parcels. Therefore, one (1) dwelling will be located on each of the
proposed farm parcels. If Consent Application E30-24 is Conditionally
Approved by the LDC, and the applicant satisfies the conditions and stamping
of the deeds has occurred, then the subject property will be severed into two
(2) farm parcels.
b) Once the lands are successfully severed into two (2) farm parcels, Consent
Application E75-23 would then allow for the surplus farm dwelling severance
to occur, as it would now meet the planning policy criteria and qualify as a
‘surplus farm dwelling severance’. If E75-23 is Conditionally Approved by the
LDC, and the applicant satisfies the conditions and stamping of the deeds has
occurred, the proposed surplus farm dwelling lot and retained agricultural lot
will be successfully severed.
Provincial Policy Statement
E30-24 (Agricultural Lot Severance)
7. Section 2.3.4.1.a) of the PPS provides policy direction with respect to ‘Lot Creation
and Lot Adjustments’, specifically for agricultural lot severances as follows:
2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be
permitted for:
a) agricultural uses, provided that the lots are of a size appropriate for
the type of agricultural use(s) common in the area and are
sufficiently large to maintain flexibility for future changes in the type
or size of agricultural operations;
8. Comment: It is Arcadis’s opinion that the proposed severed lot with an area of 40.9
hectares (101.0 acres) and the retained lot with an area of 35.1 hectares (86.7
acres) are appropriately sized lots for the existing agricultural uses to remain. The
proposed severed and retained agricultural lots will meet the minimum lot area and
lot frontages required in the Bayham Zoning By-law.
9. Therefore, it is our opinion that the proposed Consent Application E30-24 is
consistent with the PPS.
E75-23 (Surplus Farm Dwelling Severance)
10. Section 2.3.4.1.c) of the PPS provides policy direction with respect to ‘Lot Creation
and Lot Adjustments’, specifically for surplus farm dwelling severances as follows:
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
4
2.3.4.1 Lot creation in prime agricultural areas is discouraged and may only be
permitted for:
c) a residence surplus to a farming operation as a result of farm
consolidation, provided that:
1. the new lot will be limited to a minimum size needed to
accommodate the use and appropriate sewage and water
services; and
Comment: The proposed severed lot is no larger than
necessary to meet the minimum size needed to accommodate
existing private well and septic system and has adequate
servicing according to the documentation provided by the
applicant.
2. the planning authority ensures that new residential dwellings
are prohibited on any remnant parcel of farmland created by
the severance. The approach used to ensure that no new
residential dwellings are permitted on the remnant parcel may
be recommended by the Province, or based on municipal
approaches which achieve the same objective; and
Comment: As a Condition of Approval, the owner is required
to rezone the proposed retained lot from the current ‘A1-A’
Zone to the ‘A2’ Zone in order to prohibit the development of a
new dwelling on the retained lot.
11. Therefore, it is our opinion that the proposed Consent Application E75-23 is
consistent with the PPS.
Elgin County Official Plan
E30-24 (Agricultural Lot Severance)
12. In the Elgin County Official Plan (hereafter, ‘Elgin OP’), Section E1.2.3.4 provides
specific policy direction with respect to “Lot Creation on Lands in the Agricultural
Area”. The following provides an analysis of the policy and criteria:
In accordance with the intent of this Plan to maintain and protect the agricultural
resource of the County and direct the majority of new residential growth to
settlement areas or existing vacant building lots, new lots may be permitted if the
local Official Plan supports their creation and if:
a) the lot is to be severed to create a new farm lot and both the retained and
severed parcels each have a lot area of about 40 hectares; or as established
in the local planning documents or,
Comment: The proposed severed lot will have an area of 40.9 hectares
(101.0 acres) and the retained lot with an area of 35.1 hectares (86.7 acres).
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
5
As per the Bayham Zoning By-law, the ‘A1-A’ Zone pertaining to the proposed
severed lot requires a minimum lot area of 40.0 hectares. The ‘A1’ Zone
pertaining to the proposed retained lot requires a minimum lot area of 20.0
hectares. Therefore, both the severed and retained lot for the agricultural uses
will meet the minimum required lot areas for their respective zone.
13. Therefore, it is our opinion that the proposed Consent Application E30-24 for the
creation of a new agricultural lot conforms to the Elgin OP.
E75-23 (Surplus Farm Dwelling Severance)
14. In the Elgin OP, policies for Consent and Lot Creation on Lands in the Agricultural
Area are found in Section E1.2.3 (New Lots by Consent). Section E1.2.3 indicates
that proposals for Consent shall be in conformity with the relevant policies in the Elgin
OP, the local Official Plan and the provisions of the Planning Act. Elgin County OP
Section E1.2.3.1 provides further direction with respect to the general criteria that
consent applications shall address as follows:
Provisional consent may be granted subject to appropriate conditions of approval
for the severed and/or retained lot. Prior to issuing provisional consent for a new
lot for any purpose, the approval authority shall be satisfied that the lot to be
retained and the lot to be severed:
a) Fronts on and will be directly accessed by a public road that is maintained on
a year-round basis;
Comment: The proposed severed and retained lots have adequate frontage
and existing accesses along Ridge Line.
b) Does not have direct access to a Provincial Highway or County Road, unless
the Province or the County permits a request for access;
Comment: Not applicable, as Ridge Line is identified as a Local Road.
c) will not cause a traffic hazard;
Comment: The proposed severance will not cause a traffic hazard, as the
existing accesses to the dwelling and agricultural operations will remain
unaltered as they exist today.
d) has adequate size and frontage for the proposed use in accordance with the
local municipal Zoning By-law;
Comment: The proposed severed and retained lot will meet the minimum lot
area and frontage requirements in the Bayham Zoning By-law for the future
‘RR’ and ‘A2’ Zone.
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
6
e) notwithstanding d) above, where a zoning by-law amendment or minor
variance is required, approval of such amendment or variance shall be
included as a condition of the approval of the consent;
Comment: As a Condition of Approval, the applicant is required to rezone the
proposed severed and retained lots. Please see Paragraphs 25 and 26 below
of this Memo for details.
f) can be serviced with an appropriate water supply and means of sewage
disposal, provided there is confirmation of sufficient reserve sewage system
capacity and reserve water system capacity within municipal sewage services
and municipal water services;
Comment: The owner/applicant provided supporting private well and septic
servicing information as part of the application submission, stating that the
existing private well and septic system are in adequate condition for the
proposed severed lot.
g) will not have a negative impact on the drainage patterns in the area;
Comment: There are no significant physical changes to the lands proposed,
therefore, no negative impacts to drainage patterns are anticipated.
h) will not restrict the development of the retained lands or other parcels of land,
particularly as it relates to the provision of access, if they are designated for
development by this Plan;
Comment: The proposed consent will not restrict the development of the
retained lands (or other parcels), as the existing accesses will remain
unaltered.
i) will not have a negative impact on the significant features and functions of any
natural heritage feature; in this regard, lots should be restricted in size in order
to conserve other lands in larger blocks for natural heritage purposes;
Comment: The proposed severed lot for a surplus farm dwelling severance
is located outside of the natural heritage features that traverse the subject
property.
j) will not have a negative impact on the quality and quantity of groundwater
available for other uses in the area;
Comment: As per the documentation provided by the applicant, no negative
impacts are anticipated to the available ground water.
k) will not have an adverse effect on natural hazard processes such as flooding
and erosion;
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
7
Comment: The proposed severance does not propose any significant
physical changes to the subject lands, as the existing buildings/structures and
agricultural operations will remain as they exist today. Therefore, no adverse
impacts are anticipated.
l) conform with the local Official Plan; and,
Comment: The proposed severance will conform to the Bayham Official Plan.
Please see Paragraphs 18 to 21 of this Memo below for details.
m) will conform to Section 51 (24) of the Planning Act, as amended.
Comment: Section 51(24) of the Planning Act pertains to the consideration of
a Draft Plan of Subdivision.
15. Therefore, it is our opinion that the proposed Consent Application for a surplus farm
dwelling severance conforms to the Elgin OP.
Municipality of Bayham Official Plan
E30-24 (Agricultural Lot Severance)
16. Section 2.1.6 of the Municipality of Bayham Official Plan provides policy direction
with respect to the “Division of Agricultural Parcels”. More specifically, Section
2.1.6.2 of the Official Plan does permit the assembling and disassembling of
agricultural land into more efficient or more productive farming units, provided that
Consent Applications seeking to divide agricultural parcels have regard to the
following criteria:
a) The need to discourage the unwarranted fragmentation of farmland;
Comment: It is Arcadis’s opinion that the proposed severance for the division
of an existing agricultural lot into two (2) distinct agricultural lot will not result
in the fragmentation of farmland. The proposed lot sizes will meet the
minimum lot areas required in the Bayham Zoning By-law and will not have
adverse impacts to the viability of the agricultural lands.
b) The agricultural capability of the land;
Comment: The existing agricultural use will continue to exist as a result of the
severance.
c) The type of agricultural activity engaged in and proposed to be engaged in;
Comment: It is understood the farmlands are currently used to grow cash
crop.
d) Both the severed and retained parcels must be sufficiently large enough to
permit flexibility for future changes in the type or size of the farming operation,
in order to meet changing economic conditions;
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
8
Comment: It is Arcadis’s opinion that the proposed severed and retained lot
sizes will provide sufficient area to permit flexibility for future changes in
farming operation. The minimum lot areas and lot frontages for the proposed
retained and severed lots will be met, as per the current Zoning By-law. It is
Arcadis’s opinion that the proposed severance will not have adverse impacts
to the viability of the agricultural lands for current and future use.
e) The severed and retained parcels are both suitable for the type of agriculture
use(s) common in the area and the farm size is appropriate for the type of
agriculture operation proposed;
Comment: The proposed severed and retained lot sizes are appropriate for
the type of existing agricultural operation and future operations.
f) The requirements of the Planning Act;
Comment: The proposed severance will meet the requirements of the
Planning Act.
g) The minimum farm parcel size as established in the Zoning By-law; and,
Comment: The proposed lot sizes and frontages for the severed and retained
lot will meet the minimum requirements in the Bayham Zoning By-law.
h) The Minimum Distance Separation Formula I.
Comment: MDS I does not apply for the proposed severance, as no new
residential development is proposed on the severed or retained lot. The
existing single-detached dwelling on the severed lot will remain as it exists
today. No new residential development is proposed on the retained lot, as it
will be prohibited.
17. Therefore, based on the analysis provided above, the proposed Consent
Application E30-24 for the creation of a new agricultural lot is in conformity with the
Bayham OP.
E75-23 (Surplus Farm Dwelling Severance)
18. The Municipality of Bayham Official Plan Section 2.1.7.1 indicates that “farm
consolidation shall mean the acquisition of additional farm parcels to be operated as
one farm operation”. There are several policies within Section 2.7.1, which are listed
as follows:
In the opinion of Municipal Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area of the
subject lands;
Comment: It is our opinion that the proposed consent will not result in land use
conflicts. The existing single-detached dwelling to be severed as a surplus farm
dwelling and the existing agricultural operation to be retained will remain as they
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
9
exist today. It is further understood that there are no livestock within proximity of
the existing single-detached dwelling, thus minimizing land use conflict.
Where a farm parcel with more than one existing dwelling is being consolidated into a farm operation, only one dwelling may be severed from that farm parcel,
and no more than one severance of a surplus dwelling shall be allowed from an original farm parcel regardless of changes in boundary or ownership;
Comment: The proposed consent only contemplates the severance of one (1)
surplus farm dwelling.
A minimum of one existing dwelling within the Municipality of Bayham must be
retained by the proponent farm operation, or a registered owner of the proponent farm operation.
Comment: The owner/applicant owns a minimum of one (1) existing dwelling
within the Municipality of Bayham.
19. Sections 2.1.7.2 and 2.1.7.3 of the Bayham Official Plan provides consideration for
the approval and requirements of severances for surplus farm dwellings as follows:
2.1.7.2 The severed lot with the surplus farm dwelling shall:
a) Be no larger than is necessary to support a private sanitary sewage
treatment and disposal system as determined by the appropriate approval
authority, and be serviced by a potable water supply;
Comment: The proposed severed lot is no larger than necessary to
support existing private well and sanitary servicing.
b) Meet the provisions of the MDS 1 for livestock facilities and manure
storage facilities on the proposed retained lands; and,
Comment: It is understood there are no livestock operations identified in
the immediate area warranting MDS concerns. The single-detached
dwelling to be severed as a surplus farm dwelling severance is already
an existing use.
c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the
Municipality of Bayham
Comment: As a Condition of Approval, the owner is required to rezone
the proposed severed lot from ‘A1-A’ to ‘RR’ in order to permit the
proposed stand-alone single-detached dwelling as a result of a surplus
farm dwelling severance.
2.1.7.3 The severed lot with the surplus farm dwelling may:
a) Include accessory buildings and structures if in the opinion of Municipal
Council a land use conflict will not be created; and,
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
10
Comment: The existing accessory detached garage and shed on the
proposed severed lot will remain as they exist today. It is Arcadis’s
opinion that these existing accessory structures to remain on the
proposed severed lot will not create a land use conflict.
b) Include accessory buildings and structures where the property has been
rezoned to prohibit the keeping of livestock
Comment: The applicant is not including accessory buildings and
structures on the proposed severed lot for the keeping of livestock. The
keeping of livestock on the proposed severed lot is prohibited in the ‘RR’
Zone.
20. Section 2.1.7.4 of the Bayham Official Plan provides additional consideration for the
approval and requirements of the retained agricultural lands as follows:
a) Depending on the current zoning and lot size, meet the provisions of the
Agricultural (A1 / A1-A) Zone regulations of the Zoning By-law of the
Municipality of Bayham; and,
Comment: The proposed retained lot will meet the minimum lot area
and lot frontage requirements of the ‘A2’ Zone, as the applicant will be
required to rezone the proposed retained lot from the current ‘A1-A’ to
the ‘A2’ Zone.
b) Be rezoned to prohibit the placement, development, or establishment of
any additional type or form of residential dwelling units thereon, regardless
of changes in property boundary or ownership.
Comment: As a Condition of Approval, the owner is required to rezone
the retained lot from the ‘A1-A’ to the ‘A2’ Zone in order to prohibit the
development of a future residential dwelling.
21. Therefore, based on the analysis provided above, the proposed Consent Application
E75-23 is in conformity with Bayham OP.
Municipality of Bayham Zoning By-law
E30-24 (Agricultural Lot Severance)
22. The proposed severed lot is within the existing ‘A1-A’ Zone and will meet the Minimum
Lot Frontage of 150.0 metres and Minimum Lot Area of 40.0 hectares. As per Section
5.2 of the Zoning By-law, only one (1) existing single-detached dwelling or one (1)
new single-detached dwelling on a lot zoned ‘A1-A’ is permitted. The existing single-
detached dwelling on the proposed severed lot will remain is it exists today in
accordance with all other provisions of the Zoning By-law. Arcadis has no concerns
with the proposed severed lot for agricultural purposes.
23. The proposed retained lot is within the existing ‘A1’ Zone and will meet the Minimum
Lot Frontage of 150.0 metres and Minimum Lot Area of 20.0 hectares. As per Section
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
11
5.2 of the Zoning By-law, only one (1) existing single-detached dwelling or one (1)
new single-detached dwelling on a lot zoned ‘A1’ is permitted. The existing single-
detached dwelling on the proposed retained lot will remain is it exists today in
accordance with all other provisions of the Zoning By-law. Arcadis has no concerns
with the proposed retained lot for agricultural purposes.
24. Therefore, no Zoning By-law Amendments or Minor Variances are required for the
proposed severed or retained agricultural lots for Consent Application E30-24.
E75-23 (Surplus Farm Dwelling Severance)
25. The proposed severed lot is currently zoned ‘A1-A’ and is to be rezoned to the ‘Rural
Residential (RR)’ Zone consistent to the resulting residential use and Bayham Official
Plan Section 2.1.7.2 policies for surplus farm dwellings. The proposed lot
configuration by the applicant can accommodate the Minimum Lot Area of 0.4
hectares and Minimum Lot Frontage of 50 metres in the ‘RR’ zone. Therefore, Arcadis
has no concerns with the proposed severed lot, and as a Condition of Approval, the
applicant is required to submit a Zoning By-law Amendment for the proposed severed
lot.
26. The proposed retained lot will meet the required Minimum Lot Frontage of 150.0
metres and Minimum Lot Area of 20.0 hectares in the A2 Zone. A new single-
detached dwelling will be prohibited on the retained lot, as per the Section 6.3 of the
Zoning By-law for the ‘A2’ Zone. Therefore, Arcadis has no concerns with the
proposed retained lot.
Conclusion and Recommendations
27. Based on the above review of Consent Application E30-24, Arcadis has no objection
to approval of the proposed severance for the creation of a new agricultural lot subject
to the following conditions:
a) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-
in-lieu of Parkland;
b) That the owner provides a digital copy of a survey of the subject lands, and;
c) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
28. Based on the above review of Consent Application E75-23, Arcadis has no objection
to approval of the proposed surplus farm dwelling severance subject to the following
conditions:
a) That the Conditions of Approval are satisfied for Consent Application E30-24;
b) That the owner obtains approval of a Zoning By-law Amendment for the
proposed severed lot from the ‘Agricultural (A1-A)’ Zone to the ‘Rural
Residential’ (RR)’ Zone;
ARCADIS MEMORANDUM
Municipality of Bayham – April 11, 2024
12
c) That the owner obtains approval of a Zoning By-law Amendment for the proposed
retained lot from the ‘Agricultural (A1-A)’ Zone to the ‘Special Agricultural (A2)’
Zone to prohibit new dwellings;
d) That the owner applies and pay’s all fees to the Municipality with respect to Civic
Addressing/signage for the Retained Lot;
e) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-
in-lieu of Parkland;
f) That the owner provides a digital copy of a survey of the subject lands, and;
g) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 18, 2024
REPORT: DS-33/24 FILE NO. C-07 / D09.23FROE
Roll # 3401-000-003-06900 SUBJECT: Draft By-law No. 2024- 021 - Development Amending Agreement – Froese , I & M
57268 Calton Line
BACKGROUND
On June 1, 2023, Council considered Consent Application E31-23 submitted by Appointed
Agent Jesse Froese on behalf of Isaac and Maria Froese proposing to sever 0.41 ha (1.01 acre)
of land and to retain 38.22 ha (94.4 acres) with the intent to create a rural residential parcel
containing an existing dwelling considered by the owner to be surplus to the farm operation.
Council passed the following resolution:
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report DS-34/23 regarding the Consent Application E31-23 Froese be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E31-23 be granted subject to the following conditions and
considerations:
1. Rezoning of the severed parcel from Agricultural (A1-A) zone to a Rural
Residential (RR) Zone
2. Rezoning of the retained lands from Agricultural (A1-A) zone to a Special
Agricultural (A2) zone to prohibit new dwellings
3. Owner constructs a driveway on the retained land to the barn and mobile
home which is capable of supporting a fire pumper loaded with 2000
gallons of water
4. The Owner relocate the power line to the retained lands to service the
Staff Report DS-33/24 Froese 2
retained barn and mobile home
5. Planning Report fee payable to the Municipality
6. Digital copy of the registered plan of survey
7. Purchase of civic number sign for the retained parcel
8. The Development Agreement between the owners and the Municipality
associated with Minor Variance A-01/17 for the supplementary farm
dwelling be revised where necessary to ensure it is up to date.
Elgin County Land Division Committee conditionally approved the application on June 28, 2023
with all the recommended conditions.
DISCUSSION To satisfy Condition #8, a draft Development Amending Agreement has been prepared for Council’s consideration addressing those items that need to be updated with the severance of the dwelling from the farmlands containing the supplementary farm dwelling. The retained lands have a new civic number as per Condition #7 and so the Development Amending Agreement will be registered to lands municipally known as 57200 Calton Line and legally described as:
Part Lot 22 Con 5 Bayham As In E114965 (Firstly); Except D872 and Except Parts 1, 2
& 3 11R11075; S/T BM25916; Bayham Sections of the Agreement to be updated include: That Section 5 be removed and replaced with the following: “5. The Owner shall be responsible for consulting with and obtaining any and all necessary approvals from the Southwestern Public Health.”
That Section 6 be removed and replaced with the following: “6. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s), including maintaining a road access and driveway to the barn and supplementary farm dwelling that which is capable of supporting a fire pumper loaded
with 2,000 gallons of water for fire protection, all to the satisfaction of the Municipality’s Fire Chief. ‘ The draft Development Amending Agreement also updates a pair of Attachments – specifically the Lands Description and the Conceptual Site Plan. Staff recommend the support of the Development Amending Agreement to satisfy the condition of Consent E31-23 for the creation of one severed surplus farm dwelling parcel. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Draft By-law No. 2024-021 with a Development Amending Agreement
Staff Report DS-33/24 Froese 3
RECOMMENDATION
THAT Report DS-33/24 regarding the Development Amending Agreement - Froese be
received; AND THAT Council authorize the execution of a Development Amending Agreement
between the Municipality and Isaac and Maria Froese to continue to permit one (1) supplementary farm dwelling in the form of a mobile home to house up to eight (8) seasonal farm labourers at 57200 Calton Line to satisfy a condition of Consent Application E31-23
granted by the Elgin County Land Division Committee on June 28, 2023; AND THAT By-law No. 2024-021 be presented 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. 2024- 021 A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AMENDING AGREEMENT BETWEEN ISAAC AND MARIA FROESE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a
lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in
part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions;
AND WHEREAS Isaac and Maria Froese are the owners of lands in Lot 22 Concession 5, known municipally as 57200 Calton Line, in the Municipality of Bayham, County of Elgin;
AND WHEREAS, on March 2, 2017, the Municipality of Bayham Committee of Adjustment granted Minor Variance Application A-01/17, including the condition that the owners execute an amended Development Agreement for the supplementary farm dwelling as per policies of Section 2.1.10 the Official Plan; AND WHEREAS the Owners are required to amend the Development Agreement for the purpose of satisfying a condition of consent allowing a severance of a surplus farm dwelling through Consent Application E31-23 conditionally granted by the Elgin County Land Division Committee on June 18, 2023; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Amending Agreement with Isaac and Maria Froese affixed hereto and forming
part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF APRIL 2024. MAYOR CLERK
City Hall
1 Carden St Guelph, ON Canada N1H 3A1
T 519-822-1260 TTY 519-826-9771
guelph.ca
Thursday, April 4, 2024
Sent via email to: premier@ontario.ca; MinisterEnergy@ontario.ca;
The Honourable Doug Ford
Premier of Ontario
Legislative Building
Queen's Park
Toronto, ON M7A 1A1
The Honourable Todd Smith
Minister of Energy
10th Floor, 77 Grenville Street
Toronto, ON M7A 2C1
RE: Guelph City Council Resolution to Support the Decision of the Ontario
Energy Board (OEB) to End the Subsidization of Fossil Gas
Dear Premier Ford and Minister Smith,
Guelph City Council at its meeting held on March 26, 2024 passed the following
resolution in support of the Ontario Energy Board (OEB) decision to revise the
revenue horizon for calculating the upfront cost for new natural gas connections,
and to end the Gas Pipeline Subsidy:
WHEREAS, residents are struggling with energy bill increases and need relief;
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 the cold climates, and result in far lower energy bills over the
long term compared to gas heating;
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;
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;
WHEREAS, the OEB decision will help lower energy bills and
encourage heating systems that are consistent with climate targets
and plans;
WHEREAS, the construction of new methane gas pipelines, which have 60-year lifetimes, should not be subsidized because they are inconsistent with the
City’s climate targets and will result in higher carbon emissions, higher energy
bills, higher future decarbonization retrofit costs to get off fossil fuel heating,
and a continued financial drain as dollars leave the province to pay for fossil
fuels extracted in other jurisdictions;
WHEREAS, Guelph City Council acknowledged the climate crisis (May 2019),
passed a resolution to support the phase-out of gas-fired energy plants by
2030 (December 2020); and passed a resolution of support to the United Nations Race to Zero commitment (December 2021);
WHEREAS, transforming our existing and new buildings by supporting actions
that improve the energy efficiency and GHG profile within the City is a stated
goal of our Community Energy Initiative (CEI), our Official Plan and our
Strategic Plan;
WHEREAS, the City of Guelph is actively working to support the decarbonization of heating and cooling systems in existing and future building
stock within the community, as demonstrated by the Guelph Green Homes
Energy Retrofit Program, which will provide 0% interest loans to Guelph homeowners to enable them to transition away from fossil-fuel powered
heating and cooling equipment to low carbon air or ground source heat pump
systems.
THEREFORE, BE IT RESOLVED:
(a) That the City of Guelph expresses its support for the decision of the
Ontario Energy Board to end the fossil gas infrastructure subsidy and requests that the Ontario Government withdraw Bill 165 and allow the OEB decision to
stand; and
(b) That this resolution be circulated to the President of Association of
Municipalities of Ontario, Colin Best; Premier of Ontario, Doug Ford; Minister of Energy, Todd Smith; Minister of Finance, Peter Bethlenfalvy, MPP Mike
Schreiner, and all Ontario Municipalities requesting support for the proposed
changes.
Sincerely,
Intergovernmental Services on behalf of Guelph City Council
Chief Administrative Office Intergovernmental.relations@guelph.ca
City Hall, 1 Carden Street, Guelph ON N1H 3A1
519-822-1260 x5602
TTY: 519-826-9771
CC: The Honourable Peter Bethlenfalvy, Minister of Finance;
Mike Schreiner, MPP;
Colin Best, President of the Association of Municipalities of Ontario;
All Ontario Municipalities
From the Office of the Clerk
The Corporation of the County of Prince Edward
T: 613.476.2148 x 1021 | F: 613.476.5727
clerks@pecounty.on.ca | www.thecounty.ca
March 28, 2024
Please be advised that during the regular Council meeting of March 26, 2024 the following resolution regarding support for 'a call to action' to meet the deadline of an
Accessible Ontario by 2025 was carried.
RESOLUTION NO. 2024-151
DATE: March 26, 2024
MOVED BY: Councillor MacNaughton
SECONDED BY: Councillor Pennell
WHEREAS the Accessibility for Ontarians With Disabilities Act (AODA) is ground-
breaking legislation, created to help people with disabilities fully participate in society, bring them to the table in crafting regulations, and build mechanisms to enforce standards;
WHEREAS Rich Donovan, an expert in accessibility issues, was appointed as the
Independent Reviewer of the Act in 2022, and in his 2023 legislative review declared
a crisis as a necessary catalyst to get Ontario back on track for accessibility;
WHEREAS at least 2.9 million Ontarians currently live with a disability, representing at least 22% of the consumer base and the workforce, but due to barriers, Ontarians with disabilities are too often falling short of their full potential;
WHEREAS the AODA aims to develop, implement and enforce standards related to
goods, services, accommodation, employment and buildings before Jan. 1, 2025, and municipalities, as the level of government closest to the people are at the front lines, developing, implementing and enforcing these standards without meaningful guidance on its implementation and/or enforcement by the Province;
WHEREAS people with disabilities and advocates, including Prince Edward
County's Accessibility Advisory Committee, note the slow pace of current and previous Ontario governments in implementing the AODA and there are growing concerns there will be no renewed push to keep accessibility issues at the forefront after 2025;
WHEREAS Prince Edward County is dedicated and committed to creating a
welcoming environment so that all people may have equitable access to programs, goods, services and facilities, but making investments to achieve the AODA
From the Office of the Clerk
The Corporation of the County of Prince Edward
T: 613.476.2148 x 1021 | F: 613.476.5727
clerks@pecounty.on.ca | www.thecounty.ca
standards has been challenging given the lack of consistent and stable funding for municipalities to remove accessibility barriers;
THEREFORE BE IT RESOLVED THAT the Council of Prince Edward County
strongly encourages action on the part of the Provincial Government to urgently:
a) create a "Municipal Accessibility Fund" for municipalities to develop, implement and enforce AODA standards related to goods, services, accommodation, employment and buildings. Such a fund could be modeled after the Canada
Community-Building Fund or the Ontario Cannabis Legalization Implementation
Fund on a per household basis;
b) to commit to working with municipalities to implement the Donovan Review immediate crisis recommendations;
AND FURTHER THAT the Mayor write a letter in support of this resolution to the
Minister of Seniors and Accessibility, and that a copy of this resolution be sent to the
Premier of Ontario, the Minister of Seniors and Accessibility, the Minister of Children, Community, and Social Services, the Minister of Health, the Minister of Municipal Affairs and Housing, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, and the Eastern Ontario Wardens Caucus,
and all Ontario Municipalities.
CARRIED Yours truly,
Catalina Blumenberg, CLERK
cc: Mayor Steve Ferguson, Councillor MacNaughton, Councillor Pennell, and Marcia Wallace, CAO
The Town of Goderich
57 West Street
Goderich, Ontario
N7A 2K5
519-524-8344
townhall@goderich.ca
www.goderich.ca
Wednesday, April 10, 2024
Matthew Pearson
Chair Ausable Bayfield Maitland Valley Source Protection Committee 71108 Morrison Line RR3, Exeter Ontario SENT VIA EMAIL: mpearson@bmross.net
N0M 1S5 RE: Recommended Phase-Out of Free Well Water Testing in the 2023 Auditor General’s Report
Dear M. Pearson, Please be advised of the following motion passed at the Monday, March 18, 2024, Goderich
Town Council Meeting: Moved By: Councillor Segeren
Seconded By: Deputy Mayor Noel
That the Town of Goderich direct a letter to Minister Lisa Thompson requesting
that the province not proceed with the recommended phase-out of free private
well testing in Ontario;
And Further That area municipalities, the Minister of Environment Conservation
and Parks, the Minister of Health and Long-Term Care, other Source Protection
Committees, and local health units be forwarded the letter and asked for their
support.
CARRIED
If you have any questions, please do not hesitate to contact me at 519-524-8344 ext. 210 or
afisher@goderich.ca.
Yours truly,
Andrea Fisher
Director of Legislative Services/Clerk /ar cc. Premier Doug Ford premier@ontario.ca
Hon. Paul Calandra Paul.Calandra@pc.ola.org
The Town of Goderich
57 West Street
Goderich, Ontario
N7A 2K5
519-524-8344
townhall@goderich.ca
www.goderich.ca
MPP Lisa Thompson, Huron–Bruce lisa.thompsonco@pc.ola.org MPP Andrea Khanjin, Minister of Environment Conservation and Parks
andrea.khanjin@pc.ola.org MPP Stan Cho, Minister of Long-Term Care Stan.Cho@pc.ola.org Ontario Municipalities
April 3, 2024
Julie Kirkelos
Town Clerk Town of Lincoln 4800 South Service Rd. Beamsville, ON L0R 1B1
Sent via email: jkirkelos@lincoln.ca Re: Urgent Need for Increased Funding for Museums and Libraries
Our File 35.11.2 Dear Ms. Kirkelos, At its meeting held on March 18, 2024, St. Catharines City Council approved the
following motion:
That Council endorse Sub-Item 2, Resolution from the Town of Lincoln regarding Urgent Need for Increased Funding for Libraries and Museums
If you have any questions, please contact the Office of the City Clerk at extension 1524.
Kristen Sullivan, City Clerk Legal and Clerks Services, Office of the City Clerk
:sm Encl. Resolution from the Town of Lincoln regarding Urgent Need for Increased Funding for Libraries and Museums
Sub-Item 2
Sub-Item 2
Sub-Item 2
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
March 28, 2024
Larry Brock, MP Brant
108 St. George Street, Suite #3 Brantford, ON N3R 1V6 Sent via email: larry.brock@parl.gc.ca
Will Bouma, MPP 96 Nelson Street Suite 101 Brantford, ON N3T 2X1
Sent via email: will.bouma@pc.ola.org To whom it may concern:
Please be advised that Brantford City Council at its meeting held March 26, 2024 adopted the following:
12.6.13 Home Heating Sustainability
WHEREAS home heating energy costs is a major and onerous burden for Seniors and
those with limited or fixed incomes; and
WHEREAS the cost of natural gas to heat homes continues to climb due to many factors
such as inaccurate meter readings, inflation, delivery and customer charges, carbon tax,
among others, causing financial strain for many citizens; and
WHEREAS 3.8 million households in Ontario currently use natural gas for home heating,
representing about 70 per cent of Ontario households; and
WHEREAS the carbon tax charged on heating bills is highly dependent on the amount of
natural gas used and accounts for 20-25% of the utility bill; and
WHEREAS Canadians have no choice but to heat their homes throughout the winter;
and
WHEREAS no citizen should have to choose between putting food on the table or
heating their homes; and
WHEREAS the carbon tax is increasing as of April 1, 2024 to $0.15 per cubic meter for
natural gas, and the carbon tax rebate for homeowners is also increasing; and
2
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
WHEREAS Ontario homeowners can now expect to receive $1,120 annually for the
rebate on average and the rebate will be renamed to the Canada Carbon Rebate; and
WHEREAS starting on January 1, 2024, both SaskEnergy and SaskPower removed the
federal carbon tax from home heating, resulting in savings for approximately 98 per cent
of Saskatchewan families by exempting them from carbon tax on home heating oil; and
WHEREAS the Canadian government has implemented new measures to help Atlantic
Canadians lower their energy bills by making the average heat pump free to help low- to
median-income Canadians switch to cleaner fuel and incentivizing the switch to heat
pumps with $250 upfront payments; and
WHEREAS the Canadian and Ontario governments have discontinued grant and rebate
programs for Ontarians to retrofit their homes to be energy efficient such as Ontario’s
green home-retrofit rebate program, the ecoENERGY home retrofit program, and the
Canada Greener Homes Grant, making it difficult for homeowners to reduce their
reliance on natural gas.
NOW THEREFORE BE IT RESOLVED:
A. THAT the Federal Government exclude home heating from the federal carbon tax to reduce the burden on citizens, as has been done in Saskatchewan; and
B. THAT the Federal and Provincial Governments reinstate home energy retrofit rebate and grant programs to help Brantford residents retrofit their homes to be more energy
efficient and provide barrier-free options for switching to less carbon-intensive fuel sources to lower their utility bills and avoid the carbon tax; and
C. THAT the Clerk BE DIRECTED to forward a copy of this resolution to The Federal Minister of the Environment and Climate Change, The Honourable Steven Guilbeault, The Provincial Minister of Environment, Conservation and Parks, The Honourable
Andrea Khanjin, The City of Brantford Member of Parliament, The Honourable Larry Brock, The City of Brantford Member of Provincial Parliament, The Honourable Will Bouma, and to each municipality in Ontario; and
D. THAT the Mayor of the City of Brantford request that this resolution be added as an agenda item for consideration by the Ontario Big City’s Mayor Caucus.
I trust this information is of assistance.
Yours truly,
3
CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7
Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca
Chris Gauthier City Clerk, cgauthier@brantford.ca
cc Federal Minister of the Environment and Climate Change, Honourable Steven Guilbeault
Provincial Minister of Environment, Conservation and Parks, Honourable Andrea Khanjin All Ontario Municipalities
Ministry of Finance
Provincial-Local Finance Division
Frost Building North
95 Grosvenor Street
Toronto ON M7A 1Z1
Fax: 1 888 333-2138
Ministère des Finances
Division des relations provinciales
municipales en matière de finances
Édifice Frost nord
95 rue Grosvenor
Toronto ON M7A 1Z1
Téléc. : 1 888 333-2138
April 4, 2024 Dear Municipal Treasurer / Clerk-Treasurer:
I am writing to inform you of a few announcements related to municipal taxation made in
the 2024 Ontario Budget, including:
1. A new property tax option available to municipalities. 2. Extension of Municipal Vacant Home Tax authority, as well as the release of a Provincial Policy Framework.
Taxation of new multi‐residential rental properties
Ontario is committed to addressing the current housing crisis and increasing housing
affordability for the people of Ontario. To further encourage the development of
purpose‐built rental properties, effective immediately, Ontario is providing municipalities
with the flexibility to offer a reduced municipal property tax rate on new multi‐residential
rental properties.
Municipalities will be able to offer this type of tax reduction through the adoption of an optional new multi-residential property subclass within the new multi-residential property class.
Single-tier or upper-tier municipalities that are interested in offering a reduced municipal
property tax rate can do so by passing a municipal by-law adopting the subclass and setting a reduction percentage of up to 35%, as determined by the municipality.
Only new multi-residential developments would qualify for a reduced property tax rate, pursuant to a building permit issued on or after an effective date specified in the
municipal by-law. Consistent with the approach taken for the previously implemented
new multi-residential property class, a property would be subject to the tax reduction once construction has been completed and the building is ready for occupancy. The property would benefit from a reduced rate for a period of 35 years.
Amendments have been made to regulations under the Assessment Act, Municipal Act, 2001, and the City of Toronto Act, 2006. These enabling regulations are available on e-
laws at the following links:
• O. Reg. 140/24: GENERAL (ontario.ca)
2
• O. Reg. 141/24: TAX MATTERS – SPECIAL TAX RATES AND LIMITS (ontario.ca)
• O. Reg. 142/24: TRADITIONAL MUNICIPAL TAXES, LIMITS AND COLLECTION (ontario.ca)
If you have any questions related to this new flexibility, please contact Chris Broughton, Director of the Property Tax Policy Branch at Chris.Broughton@ontario.ca or 416-455-
6307.
Municipal Vacant Home Taxes
An unoccupied home is unacceptable in a housing crisis. That is why Ontario is empowering municipalities to make more vacant homes available for housing.
Ontario has responded to municipal requests for additional clarity and flexibility around
the existing municipal Vacant Home Tax authority by:
• Extending authority broadly to all single- and upper-tier municipalities to impose a tax on vacant homes, effective immediately.
• Releasing a Provincial Policy Framework. Municipalities will be supported with a
new Provincial Policy Framework that sets out best practices for implementing a Vacant Home Tax. The Framework will also encourage municipalities to set a higher Vacant Home Tax rate for foreign-owned vacant homes.
Amendments have been made to the relevant regulations under the Municipal Act,
2001. This enabling regulation is available on e-laws at the following link:
• O. Reg. 143/24: OPTIONAL TAX ON VACANT RESIDENTIAL UNITS - DESIGNATED MUNICIPALITIES
The Provincial Policy Framework for municipal Vacant Home Taxes has been released,
and is available at:
• Provincial Policy Framework
If you have any questions related to the Municipal Vacant Home Tax authority, please contact Mary Iannaci, Director of the Municipal Funding Policy Branch at
Mary.Iannaci@ontario.ca or 647-407-0820.
Sincerely,
Ian Freeman, CPA, CMA
Assistant Deputy Minister Provincial-Local Finance Division
Municipality of Bayham
Housing Market Update for March 2024
Year-to-date
*Based on residential data from the Woodstock Ingersoll Tillsonburg & Area Association of
REALTORS® MLS® System. All percentage changes are year-over-year comparisons.
Sold Listings, up 36.4%
Year-to-date home sales numbered 15 units at the
end of March 2024, this is up 36.4% compared to
same period in 2023.
New Listings, up 73.1%
Year-to-date there were 45 listings added by the end of
March 2024, this is up 73.1% compared to the same period
in 2023.
Available inventory is up 62.5%
**At the end of March 2024 there was 7.8 months of
inventory, up from 4.8 months of inventory at the end
of March 2023
**Available Inventory is the active listings at month end divided by monthly sales.
Average Price is down 38.2%
Year-to-date the average residential property in
Municipality of Bayham sold for $541,169, down 38.2%
compared to the same period in 2023.
The trademark MLS®, Multiple Listing Service® and the associated logos are owned by the Canadian Real Estate Association (CREA) and identify the quality of service
provided by real estate professionals who are members of CREA.
The Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® operates the Multiple Listing Service® in the region. REALTOR® is a trademark, which identifies real estate professionals who are members of the Canadian Real Estate Association and, as such, subscribe to a high standard of professional service and to a strict Code of Ethics.
Woodstock Ingersoll Tillsonburg & Area Association of REALTORS®
6-65 Springbank Avenue, Woodstock, Ontario N4S 8V8
Phone: 519-539-3616
MUNICIPALITY OF BAYHAM REAL ESTATE MARKET REPORT FOR MARCH 2024
The number of homes sold through the MLS® System of the Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® in Municipality of Bayham totaled 5
units in March 2024. There is down 16.7% when compared to March 2023.
On a year-to-date basis, home sales totaled 15 units in 2024. This is an increase of 36.4% when compared to 2023.
In March 2024, the average price of homes sold was $668,500, a decrease of 31.1%
from March 2023.
The more comprehensive year-to-date average price was $541,169, a decrease of
38.2% compared to 2023.
On a year-to-date basis the dollar volume of all sales totaled $8.1 million, down
15.7% compared to the same period in 2023.
The number of new listings was up 150% compared to March 2023. In March 2024
there were 20 new residential listings.
There were 39 active residential listings on the market at the end of March, an increase of 34.5% compared to March 2023.
Months of inventory numbered 7.8 months at the end of March 2024, up from 4.8 months to the end of March 2023. The number of months of inventory is the
number of months it would take to sell current inventories at the current rate of
sales activity. CONTACT:
PRESIDENT GOV’T RELATIONS CHAIR EXEC. OFFICER ALISON PORTER FRED FREEMAN NICOLE BOWMAN Alison.porter@century21.ca ffreeman@oxford.net nicole@witaar.ca
519-854-0856 519-421-5714 519-532-4078
MARKET REPORT
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 -
LONG POINT REGION CONSERVATION AUTHORITY
Board of Directors Annual General Meeting Minutes of March 1, 2024
Approved April 3, 2024 Members in attendance: Robert Chambers, Chair County of Brant Dave Beres, Vice-Chair Town of Tillsonburg Shelley Ann Bentley Haldimand County Doug Brunton Norfolk County Michael Columbus Norfolk County Tom Masschaele Norfolk County
Jim Palmer Township of Norwich Stewart Patterson Haldimand County Chris Van Paassen Norfolk County Peter Ypma Township of South-West Oxford Regrets:
Rainey Weisler Municipality of Bayham/Township of Malahide Staff in attendance:
Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services
Saifur Rahman, Manager of Engineering and Infrastructure Jessica King, Social Media and Marketing Associate Dana McLachlan, Executive Assistant
1. Welcome and Call to Order
Chair, Robert Chambers, introduced himself and welcomed everyone to the Long Point Region Conservation Authority’s 2024 Annual General Meeting. The meeting was called to order at 1:30 pm, Friday, March 1, 2024 in the Tillsonburg Administration Office Boardroom.
2. Declaration of Conflicts of Interest
None were declared.
3. Additional Agenda Items There were no additional agenda items.
4. Approval of the Agenda
A-31/24 Moved by P. Ypma Seconded S. Patterson
That the Board of Directors approves the agenda as circulated.
Carried
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 -
5. Minutes of the Previous Meeting
a) Board of Directors Meeting of February 7, 2024 There were no questions or comments.
A-32/24
Moved by M. Columbus Seconded by C. Van Paassen
That the minutes of the Board of Directors Meeting held February 7, 2024 be adopted as circulated.
Carried
6. Introduction of the Board of Directors and Committees
The members of the Board and the community members of the Lee Brown Marsh Management Committee and the Backus Museum Committee were introduced by Chair Chambers.
7. Introduction and Greetings from Special Guests
Greetings were extended from Mayor David Bailey, County of Brant, Mayor David Mayberry, South-West Oxford, Mayor Ed Ketchabaw, the Municipality of Bayham, Deputy Mayor Michael Columbus, Norfolk County, Mayor Shelley Ann Bentley, Haldimand County, Mayor Jim Palmer,
Township of Norwich, and Deputy Mayor Dave Beres, Town of Tillsonburg.
8. Remarks from Bobbi Ann Brady, MPP Haldimand-Norfolk Bobbi Ann acknowledged the challenges the Authority, and all conservation authorities in Ontario in general, has dealt with the past couple of years. Bobbi Ann is proud of her ridings
municipal representation on the Authority Board and supports the work carried out by the LPRCA as environmental stewards.
9. Conservation Ontario Overview, Angela Coleman, General Manager, Conservation
Ontario
Conservation Ontario advocates on behalf of the 36 Ontario conservation authorities with the Ontario government, and works to achieve cost-savings and benefits as a collective. Angela acknowledged that conservation authorities have a valuable role, as most people recognize that vibrant communities and local economies depend on the local environment being a good place for residents to live, work and play.
10. Service Awards Presentation
The following board and staff were recognized for reaching service milestones with LPRCA this past year. 5-Year Service Award Tom Masschaele, Board Director, Norfolk County
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 -
Stewart Patterson, Board Director, Haldimand County Peter Ypma, Board Director, South-West Oxford
Aaron LeDuc, Manager of Corporate Services Chris Reinhart, Forest Technician Evan Forbes, Park Supervisor / Promotions Associate
Rebecca Dancey, Park Supervisor 15-Year Service Award
Debbie Thain, Supervisor of Forestry Barry Norman, Maintenance Operations Labourer
11. Audit and Finance Committee The Chair called upon Dave Beres, Chair of the Audit and Finance Committee to present the
committee report. Chair Beres reported that the Committee met on February 16, 2024 and received and reviewed
the financial statements in detail. MNP issued a clean opinion of the Authority’s 2023 financial reports and found that the financial statements fairly presented the Authority’s position. The Chair introduced the auditors, Ashley Didone and Raymond Mile of MNP, and thanked MNP for their services.
A–33/24 Moved by T. Masschaele
Seconded by D. Brunton THAT the minutes of the LPRCA Audit and Finance Committee’s meeting held February 16, 2024 be adopted as circulated.
Carried
A–34/24 Moved by C. Van Paassen
Seconded by M. Columbus
THAT the LPRCA Board of Directors receives the LPRCA 2023 Audit Findings Report from MNP, LLP Chartered Professional Accountants.
Carried
A–35/24
Moved by S. Bentley Seconded by S. Patterson
THAT the LPRCA Board of Directors approves the financial statements for the year ended December 31st, 2023 audited by MNP, LLP, Chartered Professional Accountants.
Carried
A–36/24 Moved by T. Masschaele Seconded by P. Ypma
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 -
THAT the LPRCA Board of Directors approves the appointment of MNP, LLP Chartered
Accountants as LPRCA’s auditors for the 2024 fiscal period.
Carried
12. Notice of Formal Motions
a) Designate Signing Officers
A-37/24 Moved by M. Columbus Seconded by C. Van Paassen That the LPRCA Board of Directors approves the Chair, Vice-chair, General Manager, and
Manager of Corporate Services as designated signing officers for Authority business for the year 2024.
Carried
b) Borrowing
A-38/24 Moved by S. Patterson Seconded by J. Palmer
That the LPRCA Board of Directors authorizes the Chair or Vice-Chair and the General
Manager or Manager of Corporate Services to borrow funds as required for the day-to-day operations of the Authority.
Carried
c) Designate Conservation Ontario Council Representatives
A-39/24 Moved by P. Ypma Seconded by S. Bentley
That the LPRCA Board of Directors designates the Authority Chair as the Authority’s representative to Conservation Ontario (CO), with the Vice-Chair designated as alternate,
AND Further that the General Manager be directed to participate on appropriate committees of CO and be authorized to vote in the absence of the designated representatives.
Carried
13. 2023 Annual Report
Judy Maxwell presented the 2023 annual report and provided an overview of the year’s activities. Hard copies are available at the head office and the report is available on the LPRCA website, www.lprca.on.ca/2023-LPRCA-Annual-Report
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma - 5 -
On behalf of the staff, GM Maxwell thanked staff, the Board, municipal partners, the various community partners, and customers for their continued support.
14. Chair’s Remarks
Chair, Robert Chambers, asked John Scholten, past Chair to say a few words. John congratulated his successor to the LPRCA Board, Jim Palmer, and thanked the Board and
staff for their support. John wished for the Board and staff to continue to work together and carry on the good work that was accomplished in 2023. Chair Chambers thanked John for his previous service and wished him well in retirement. The Chair then took everyone on a journey through the watershed with the help of a large wall map and Paul Gagnon, Lands and Waters Supervisor. While Robert discussed the various municipalities, towns, LPRCA properties and other points of interest within the watershed, Paul provided the locations on the map. The Chair then thanked the current and former members of the Board, the Lee Brown Marsh
Management Committee, the Backus Museum committee and the staff for their dedication and support.
15. Stewardship Award Presentation
Chair Chambers stated that the Long Point Region Conservation Stewardship award was
created to recognize those individuals or groups who have made a commitment to environmental sustainability and conservation. Kyle Hiebert was nominated by members of ALUS Norfolk and was selected as the recipient of the 2024 Long Point Region Conservation Stewardship Award. Kyle has demonstrated that he is committed to positive environmental actions that contribute to a more sustainable and healthier watershed through his stewardship at his own farm and the family farm. Kyle has participated in tree planting and wetland conservation projects on his own farm with LPRCA and other partners. His future plans for the farm include grassed waterways and a Tallgrass Prairie project to minimize erosion.
Kyle is passionate about conservation education and actively shares his experiences with others as an ALUS participant and as a member of the ALUS Partnership Advisory
Committee. Kyle was unable to attend the AGM and will be presented with a plaque at a later date.
16. Introduction of Keynote Speaker
Tom Haskett introduced Emily De Cloet, a 2009 Leighton & Betty Brown Scholarship recipient. The Leighton and Betty Brown Scholarship was initiated in 2006 to recognize Leighton and Betty Brown’s long years of service and to financially support watershed students seeking post-
secondary education in conservation and environmental related fields. To date, 33 scholarships have been awarded.
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma - 6 -
17. Keynote Presentation – A Small Drop Creates Big Ripples, Emily De Cloet
Emily is a Hydrometric Specialist at the Ministry of Natural Resources and Forestry’s (MNRF) Surface Water Monitoring Centre.
Emily’s presentation detailed her education journey, career goals and her career path to date. The scholarship award helped Emily in her first year at Waterloo where she eventually received a Bachelor of Environmental Studies Degree. She continued on with her education which led to
her eventual role with the MNRF. Emily expressed her appreciation for the support of the Leighton and Betty Brown Scholarship for helping her the ability to follow her chosen career path and achieve her goals.
14. Adjournment The Chair adjourned the meeting at 3:00 p.m.
_________________________________ ______________________________ Robert Chambers Judy Maxwell Chair General Manager
/dm
Council
Highlights
Tuesday,
April 9 , 2024
In This Issue:
Mapping Progress: The
Evolution of Elgin County's
GIS Platform
Preserving the Past,
Engaging the Present:
Service Updates from Elgin
County's Library, Museum,
and Archives
Bridge Rehabilitation:
Awarding Engineering
Services Contract to
Spriet Associates London
Limited
Revitalizing County Roads:
Contracts Awarded for
Asphalt Recycling and
Paving Projects
Mapping Progress: The Evolution of Elgin
County's GIS Platform
Elgin County Council Highlights Page 01
Elgin County has witnessed the evolution of its
Geographic Information System (GIS), the "Elgin
GeoHub," since its establishment in 2021. Over the
past three years, all of Elgin's municipalities have
transitioned, or plan to transition, their GIS services
to the County's server, marking a significant
milestone in regional collaboration. With 65
municipal employees and approximately 15,000
public users accessing the system, the GeoHub has
become a vital resource for municipal operations
and public engagement. To formalize the provision
of GIS services, a shared service agreement has
been prepared, outlining base services provided by
the County and mechanisms for requesting
additional project work. With an approximate annual
cost of $90,000 for software licenses and suites,
excluding consulting and maintenance costs, Elgin
County remains committed to supporting its
municipal partners' evolving needs through GIS
technology. Council authorized the Warden and
Chief Administrative Officer to execute the
Geographic Information System shared service
agreement with Elgin's local municipal partners,
furthering the County's dedication to fostering
regional collaboration and innovation. Members of
the public are encouraged to visit the County’s GIS
platform online by visiting https://geohub.elgin.ca/.
Elgin County Council Highlights Page 02
Elgin County Council received a report from the Director of Community and Cultural
Services offering a comprehensive service update for Elgin County’s Library,
Museum, and Archives. This update detailed recent programs, projects, and
initiatives undertaken by each institution. The following highlights include the
noteworthy achievements and activities across these cherished cultural institutions.
Elgin County Library:
Implemented a novel postcard registration system to ensure individuals facing
housing insecurity could access library services, reflecting the library's
commitment to diversity and inclusion.
Hosted a variety of engaging March Break activities across all branches,
including reptile shows, ventriloquism acts, and craft workshops, attracting high
attendance and fostering community engagement.
Offered educational programming centered around the total solar eclipse,
providing residents with opportunities to learn about and observe the celestial
event at multiple library branches.
Preserving the Past, Engaging the Present: Service Updates from
Elgin County's Library, Museum, and Archives
Ray’s Reptiles program at the Shedden Library branch welcomed over 250
enthusiastic children and parents during March Break
Elgin County Council Highlights Page 03
Elgin County Museum:
Presented a captivating talk by former Warden Paul Baldwin on the musical
legacy of harmonica virtuoso Tommy Riley and his father James, drawing an
audience of history enthusiasts and garnering significant media attention.
Showcased the exhibit 'Port Stanley – Canada’s Coney Island,' which explored
the village's rich entertainment history, including amusement rides and beach
attractions, as part of Bicentennial celebrations.
Completed an interpretive mural depicting the settlement journey of the Oneida
Nation of the Thames, created by volunteers from the Oneida Language &
Cultural Centre, furthering cultural understanding and promoting inclusivity.
Welcomed Madeleine Howard as the new Curator, succeeding the retiring Mike
Baker, and celebrated Mike's distinguished career with a special event at the
Heritage Centre, honoring his contributions to preserving Elgin County's heritage.
Preserving the Past, Engaging the Present: Service Updates from
Elgin County's Library, Museum, and Archives Continued
Paul Baldwin delivers a presentation on the musical legacy of harmonica virtuoso
Tommy Riley at the Elgin County Heritage Centre
Elgin County Council Highlights Page 04
Preserving the Past, Engaging the Present: Service Updates from
Elgin County's Library, Museum, and Archives Continued
Elgin County Archives:
Made significant progress in digitizing historical newspapers, scanning over
87,000 pages, which included coverage of the First World War and Interwar
period, providing valuable insights into the County's past.
Expanded social media presence, reaching millions of people and generating
interest in Elgin County's history through captivating photographs, behind-the-
scenes glimpses, and engaging content. The most popular Elgin County
photograph on Facebook for the past year was the exterior of Mackie’s/Port
Stanley boardwalk, circa 1947. That post reached over 110,000 people and was
interacted with just over 7,000 times.
Conducted outreach initiatives, such as green screen programs at local markets
and educational presentations at schools, to connect with the community and
promote historical awareness and appreciation.
Photograph showing the exterior of Mackie’s in Port Stanley, circa 1947
For the complete April 9, 2024 Agenda Package, please visit the following link:
County Council Agenda Package
Elgin County Council Highlights Page 05
Council received a report from the Director of Engineering Services respecting the
required engineering services for multiple bridge rehabilitations, including the Eden
Bridge, Gillets Bridge, Mapleton Bridge, Players Bridge, and Port Burwell Bridge. The
two-year project comprises Phase 1, encompassing engineering designs, tender,
permits, and approvals in 2024, and Phase 2, involving construction inspection and
contract administration in 2025. Following a rigorous evaluation process, Spriet
Associates London Limited emerged as the highest scoring qualified proposal,
representing the best complete submission. The total cost for engineering services,
construction inspection, and contract administration is $279,900, with sufficient
funding allocated in the 2024 and proposed 2025 capital budgets. Council directed
and authorized the Warden and Chief Administrative Officer to sign the contract with
Spriet Associates London Limited for the amount of $279,900.
Bridge Rehabilitation: Awarding Engineering Services Contract to
Spriet Associates London Limited
In alignment with the 2024 Capital Budget, tenders were issued for Cold In-Place
Asphalt Recycling and Hot Mix Asphalt Paving on various County roads. Council
authorized the Warden and Chief Administrative Officer to sign the contracts, marking
a significant step towards road improvement. For Cold In-Place Asphalt Recycling,
Roto-Mill Inc. was selected for the rehabilitation of seven County roads. Utilizing a
Cold In-Place Asphalt Recycling with Expanded Asphalt Material (CIREAM)
technique, these projects aim to enhance road conditions effectively. Similarly,
Brantco Construction secured the Hot Mix Asphalt Paving contract for eleven road
projects, ensuring quality resurfacing and granular shoulder installations. The total
cost for Cold In-Place Asphalt Recycling amounts to $2,628,071.93, while Hot Mix
Asphalt Paving totals $4,567,904.30. Anticipated budget surpluses reflect efficient
financial planning, ensuring project completion within allocated funds despite
potential fluctuations in material costs. With contracts awarded, work on these vital
road projects is slated to commence in May, with completion targeted by September
2024. Adherence to the County's Purchasing Policy ensures transparent financial
management, with provisions for change orders outlined to address unforeseen
circumstances.
Revitalizing County Roads: Contracts Awarded for Asphalt Recycling
and Paving Projects
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: April 18, 2024
REPORT: CAO-13/24 SUBJECT: EXTENSION OF SITE PLAN AGREEMENT – GRAHAM ESTATES INC. o/a
LEGEND RUBBER INC. – 56957 TALBOT LINE, BAYHAM (APPLICATION
NO. SPA-03/22)
BACKGROUND
At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for
Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022, be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022, Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications.
Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO is delegated authority is assigned under Section 6(1) of By-law No. 2022-046. On May 4, 2023, Council received Report CAO-28/23 re Amendment to Site Plan Agreement – Graham Estates Inc. o/a Legend Rubber Inc. – 56957 Talbot Line, Bayham (Application No. SPA-03/22) for information purposes only. The Report identified that, under delegated authority, the CAO entered into a Site Plan Agreement with Legend Rubber for expansion of an existing
industrial business. Under Section 27 of the Agreement, the development was to be completed in full by April 21, 2024. DISCUSSION In March 2024, the Municipality received a request from Legend Rubber to further amend the Agreement by extending the date noted in Section 27 until October 21, 2024 due to timeliness associated with permitting and construction of the identified expansion. Staff has drafted and executed an amending Agreement with Legend Rubber to ratify the
extension. The extension is for a period of 6 months to permit completion of the works identified in the amending Agreement. A copy of the additional, unsigned amending Agreement is attached.
As the CAO is the delegated authority for Site Plan Control approval, this information is provided for informational purposes only.
STRATEGIC PLAN
Not applicable. ATTACHMENT
1. Amending Agreement (unsigned) between The Corporation of the Municipality of Bayham and Graham Estates Inc. o/a Legend Rubber Inc., 56957 Talbot Line, Bayham RECOMMENDATION
1. THAT Report CAO-13/24 re Extension of Site Plan Agreement – Graham Estates Inc. o/a Legend Rubber Inc. – 56957 Talbot Line, Bayham (Application No. SPA-03/22) be received for information.
Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer
1
SITE PLAN AMENDING AGREEMENT MADE UNDER SECTION 41 OF THE PLANNING ACT, R.S.O. 1990 THIS AGREEMENT made this ______ day of ______________________ 2024. BETWEEN: GRAHAM ESTATES INC.
(Hereinafter called the “Owner”) OF THE FIRST PART
- and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the “Municipality”) OF THE SECOND PART WHEREAS the Owner represents that it is the owner of the lands described as North Part of Lot 17, Concession 10, and registered in the Registry Office for the Land Titles Division of Elgin (No. 11), being all of the P.I.N. identified as P.I.N. 35340-0238 and (LT), in the Registry Office for the Land Titles Division of Elgin (No. 11); AND WHEREAS the Municipality has enacted a Site Plan Control Area By-law pursuant to the
provisions of Section 41 of the Planning Act, R.S.O. 1990, C. P.13, as amended, which By-law affects the lands as described above; AND WHEREAS by Agreement dated May 11, 2020 and registered in the Registry Office for the Land Titles Division of Elgin (No. 11) on the 19th day of May 2020 as Instrument No. CT181985, the Owner of the subject lands entered into a Site Plan Agreement (the “Site Plan Agreement”) with the Municipality with respect to the development of the subject lands; AND WHEREAS by Agreement dated April 21, 2023 and registered in the Registry Office for the Land Titles Division of Elgin (No. 11) on the 5th day of June 2023 as Instrument No. CT229672, the Owner of the subject lands entered into a Site Plan Amendment Agreement (the “Site Plan Agreement”) with the Municipality with respect to the development of the subject lands; AND WHEREAS the Owner has requested to amend the Site Plan Amending Agreement NB-0127 to which the Municipality has agreed, for the purpose of allowing the extension of the completion term; AND WHEREAS this agreement (the “Amending Agreement”) shall be registered against the lands described above and the Municipality is entitled to enforce the provisions hereof against the Owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land in accordance with Subsection (10) of Section 41 of the Planning Act, R.S.O. 1990, as amended; NOW THEREFORE WITNESSETH THAT in consideration of the premises and the sum of ONE ($1.00) DOLLAR paid to the Municipality by the Owner (the receipt whereof is hereby acknowledged) and in consideration of the Municipality approving the Plans and Drawings for the development of lands described herein, the Owner covenants and agrees with the Municipality
2
as follows: 1. Section 27 of the Site Plan Agreement is hereby deleted and replaced with the following: “27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before October 21, 2024. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date, failing which the Owner shall be deemed to be in non-compliance with the terms and conditions of this Site Plan Agreement.”
2. Save and except those amendments, additions or deletions specifically identified in this
Amending Agreement, the Site Plan Agreement registered in the Registry Office for the
Land Titles Division of Elgin (No. 11) on the 19th day of May 2020, as Instrument Number
CT181985 and Site Plan Amending Agreement registered in the Registry Office for the
Land Titles Division of Elgin (No. 11) on the 5th day of June 2023, as Instrument Number
CT229672 shall remain in full force and effect.
IN WITNESS WHEREOF The Owner has hereunto set his hand and the Municipality has hereunto affixed its corporate seal under the hands of its Chief Administrative Officer or Designate. SIGNED, SEALED, AND DELIVERED in the presence of ) GRAHAM ESTATES INC. ) ) ) _________________________________ ) Ross Graham, Owner ) ) I have authority to bind the Corporation. ) ) ) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ) ) ) ) _________________________________ ) Thomas Thayer, Chief Administrative Officer ) ) I have authority to bind the Corporation.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: April 18, 2024
REPORT: CAO-14/24 SUBJECT: SITE PLAN AGREEMENT – BLATZ – 12 ELIZABETH STREET (GRACE
COURT), PORT BURWELL (APPLICATION NO. SPA-01/24)
BACKGROUND At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for
Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022,
be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022,
Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of
Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications.
Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO’s delegated authority is assigned under Section 6(1) of By-law No. 2022-046. At its September 7, 2023 meeting, Council received Report DS-51/23 re Rezoning Application
ZBA-08/23 for 12 Elizabeth Street, Grace Court. Council passed the following motion: Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler
THAT Report DS-51/23 regarding the Blatz rezoning application ZBA-08/23 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held August 17, 2023 associated with this application, there were no oral or written presentations, however it was noted that one item of correspondence from four neighbours in support of the amendment was received with the application regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by modifying the MH-3 site-specific zone to add an additional permitted use of one mobile home park
manager residential dwelling unit in a portion of an existing accessory building at the property identified as 12 Elizabeth Street, subject to the applicant obtaining Site Plan Agreement approval for servicing and buffering/screening prior to Council accepting and
approving the Third Reading of the Zoning By-law No. Z761-2023; AND THAT Zoning By-law No. Z761-2023 be presented to Council for First and Second
Reading. By-law No. Z761-2023 was given first and second reading at the September 7, 2023 meeting.
On January 8, 2024, Gerhard Blatz submitted a Site Plan Control Application requesting amendment to the existing Site Plan Agreement for the property known municipally as 12 Elizabeth Street (Grace Court) in Port Burwell. The application was deemed completed by Planning staff on February 20, 2024. DISCUSSION
Public concerns regarding shared services, driveway access, and removal of the second storey patio to improve privacy for the neighbouring unit were all addressed at the time of the zoning amendment in 2023. The intent of the Site Plan application is to renovate the upper floor area 51.7 m2 (557 sq. ft.) of the existing Shop (Clubhouse) to be an apartment for the Park Manager (Caretaker).
By-law No. Z761-2023 was given first and second reading by Council to rezone this property, subject to site plan approval. This By-law is attached hereto for reference purposes, and further included in the By-law section of this Agenda for third and final reading. Should Council opt to provide third and final reading for By-law No. Z761-2023, the CAO will formally execute the Site Plan Agreement on behalf of the Municipality, finalizing both processes. Zoning, in this instance,
is required to be in place before formal authorization of the Site Plan Agreement. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Site Plan Control Application – Blatz, 12 Elizabeth Street (Grace Court), Port Burwell 2. Agreement between The Corporation of the Municipality of Bayham and Blatz, 12
Elizabeth Street (Grace Court), Port Burwell 3. By-law No. Z761-2023, Blatz – being a by-law to amend By-law No. Z456-2003, as amended. RECOMMENDATION 1. THAT Report CAO-14/24 re Amendment to Site Plan Agreement – Blatz – 12 Elizabeth Street (Grace Court), Port Burwell (Application No. SPA-01/24) be received for information; 2. AND THAT By-law No. Z761-2023 be presented to Council for third and final reading.
Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z761-2023
BLATZ
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 Section 12.12 Exceptions – Mobile Home Park (MH) Zone by adding the following
clause:
12.12.3.4 Additional Permitted Uses
One residential dwelling unit in the second storey of an existing accessory building with maximum floor area living space of 52 square metres and accessory storage in the ground floor of the accessory building.
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 7th DAY OF SEPTEMBER 2023.
MAYOR CLERK
READ A THIRD TIME AND FINALLY PASSED THIS ____ DAY OF ______________ 2023.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-004
A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS
IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN
KNOWN AS THE PETERS DRAIN BRANCH D
WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in
accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following
lands and roads be drained by drainage works:
Parts of Lots 6, Concessions 9 in the Municipality of Bayham
AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No.
222225, prepared by Spriet Associates, dated December 6, 2023, which is attached hereto as
Schedule "A", and forms part of this By-law.
AND WHEREAS the estimated total cost of constructing the drainage work is $8,900.00;
AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;
NOW THEREFORE the Council of the Municipality of Bayham enacts as follows:
Engineer Report No. 222225, dated December 6, 2023 and attached hereto, is hereby
adopted and the drainage works as therein indicated and set forth are hereby authorized
and shall be completed in accordance therewith;
The Corporation of the Municipality of Bayham may borrow, on the credit of the
Corporation, the amount of $8,900.00 being the amount necessary for the drainage
works or other tendered and awarded amount by Council;
The Corporation may arrange for the issue of debentures on its behalf for the amount
borrowed less the total amount of,
a) grants received under Section #85 of the Act;
b) commuted payments made in respect of lands and roads assessed within the
municipality;
c) monies paid under Subsection #61(3) of the Act; and
monies assessed in and payable by another municipality, and such debentures shall be made
payable within five (5) years from the date of the debenture and shall bear interest at the rate
established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile
Drainage Act as of the date of passing of this By-law.
By-law No. 2024-004 - -
A special equal rate sufficient to redeem the principal and interest on the debentures shall be
levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the
same manner and at the same time as other taxes are collected in each year for five (5) years
after the passing of this by-law.
4. For paying the amount of $0 being the amount assessed upon the lands and roads
belonging to or controlled by the municipality, a special rate sufficient to pay the amount
assessed plus interest thereon shall be levied upon the whole rateable property in the
Municipality of Bayham in each year for five (5) years after the passing of this
Provisional By-law to be collected in the same manner and at the same time as other
taxes are collected.
All assessments of $500.00 or less are payable in the first year in which the assessment
is imposed.
This By-law comes into force on the passing thereof.
READ A FIRST AND SECOND TIME this 1st day of February, 2024 and provisionally
adopted this 1st day of February, 2024.
MAYOR CLERK
READ A THIRD TIME AND FINALLY PASSED this day of
MAYOR CLERK
PETERS DRAIN BRANCH ‘D’ Municipality of Bayham
Our Job No. 222225 December 6, 2023
London, Ontario December 6, 2023 PETERS DRAIN BRANCH ‘D’
Municipality of Bayham
To the Mayor and Council of
the Municipality of Bayham
Mayor and Council: We are pleased to present our report on the construction of the Peters Drain Branch ‘D’ Municipal Drain serving parts of Lot 6, Concession 9 in the Municipality of Bayham. AUTHORIZATION This report was prepared pursuant to Section 4 of the Drainage Act. Instructions were received from your Municipality with respect to a motion of Council. The work was initiated by a petition signed by the owners whose lands contain over 60 percent of the area requiring drainage.
DRAINAGE AREA
The total watershed area as described above contains approximately 1.2 hectares. The area requiring drainage for Peters Drain Branch ‘D’ is described as the lands located adjacent to the
northeast corner of Eden Line and Culloden Road. The lands contain two residential severances being developed by the petitioner. EXISTING DRAINAGE CONDITIONS A site meeting held with respect to the project and through later discussions the owners reported the following:
• that the developer’s engineer indicated that their client’s intention is to sever two residential lots from their lands and therefore needed a legal outlet to do so
• that the Drainage Superintendent for the Municipality of Bayham indicated that a legal
outlet was required as a condition of severance and that the Peters Drain was the most suitable outlet
PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 2
EXISTING DRAINAGE CONDITIONS (cont’d) A field investigation and survey were completed. Upon reviewing our findings we note the following:
• that the Peters Drain, located on the west side of Culloden Road, would provide an outlet for proposed severances DESIGN CONSIDERATIONS The Drainage Coefficient method contained in the "DRAINAGE GUIDE FOR ONTARIO", Publication 29 by the Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA) is typically used to design municipal drains. The Drainage Coefficient defines a depth of water that can be
removed in a 24-hour period and is expressed in millimetres per 24 hours. The coefficient used to design this drain with respect to capacity was 75mm per 24 hrs.
We would like to point out that there have been indications of sandy soil conditions. It should be noted that no formal soil investigation has been made, with this information being provided by the owners.
The proposed design and report have been generally completed using the “GUIDE FOR ENGINEERS WORKING UNDER THE DRAINAGE ACT IN ONTARIO” OMAFRA Publication 852. RECOMMENDATIONS We are therefore recommending the following:
• that a new branch, to be referred to as the Peters Drain Branch ‘D’, be constructed commencing at the Peters Drain Extension and travel east under Culloden Road, through the severed lots, to just within the retained lands of the Corinth Community of Christ (Roll No. 5-063-00), for a total length of 112 lineal meters
• that catchbasins be installed along the course of the drain to alleviate surface water flows and provide access points to the drain
• that the lot grading be completed in accordance with the lot grading plan prepared by
C.J.D.L. dated September 26, 2023
• that the lands are now being included in the Peters Drain (Main Drain) and should be added to the existing Schedule of Assessment in the report by J.M. Spriet., P. Eng., dated July 21, 2003, in the following manner through Section 65(3), the previous report had a cost of
$7500.00/ha. The additional line shall read as follows: 9 Pt. Lot. 6. 1.16(ha.) Corinth Community of Christ $8,700.00 The assessment of $8,700.00 to the affected property, Corinth Community of Christ (Roll No. 5-063), should be back-assessed to the property and the assessment collected and placed on the drain ledger to be used for future maintenance cost
PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 3
RECOMMENDATIONS (cont’d)
• that the lands are now being included in the Peters Drain Extension and should be added to
the existing Schedule of Assessment in the report by J.M. Spriet., P.Eng., dated June 9, 2006, in the following manner through Section 65(3), the previous report had a cost of $13,700.00/ha. The additional line shall read as follows: 9 Pt. Lot. 6. 1.16(ha.) Corinth Community of Christ $1,000.00 The increased assessment of $1,000.00 to the affected property, Corinth Community of Christ (Roll No. 5-063), should be back-assessed to the property and the assessment collected and placed on the drain ledger to be used for future maintenance cost
• that the Maintenance Schedule for the Peters Drain (Main Drain) be updated to include these lands that are being added to the watershed
• that the Maintenance Schedule for the Peters Drain (Extension) be updated to include these lands that are being added to the watershed ENVIRONMENTAL CONSIDERATIONS AND MITIGATION MEASURES There are no significant wetlands or sensitive areas within the affected watershed area or along the route of the drains. The proposed construction of the Peters Drain Branch ‘D’ includes
quarry stone outlet protection and surface inlets which greatly help reduce the overland surface flows and any subsequent erosion. A temporary flow check of silt fencing is to be installed in the ditch downstream of the tile outlet for the duration of the construction. SUMMARY OF PROPOSED WORK
The proposed work consists of approximately 112 lineal meters of 200mm (8") diameter H.D.P.E. sewer pipe, including related appurtenances. SCHEDULES Three schedules are attached hereto and form part of this report, being Schedule 'A' - Allowances, Schedule 'B' - Cost Estimate, and Schedule 'C' - Assessment for Maintenance. Schedule 'A' - Allowances. In accordance with Section 29 of the Drainage Act, allowances are
provided for right-of-way along the route of the drain as defined below. Schedule 'B' - Cost Estimate. This schedule provides for a detailed cost estimate of the proposed
work which is in the amount of $8,900.00. This estimate includes engineering and administrative costs associated with this project.
Schedule 'C' - Assessment for Maintenance. In accordance with Section 38 of the Drainage Act, this schedule outlines the distribution of future repair and/or maintenance costs for portions of, or the entire drainage works.
PETERS DRAIN BRANCH ‘D’ Municipality of Bayham 4
SCHEDULES (cont’d) Drawing No.1, Job No. 222225, and specifications form part of this report. They show and describe in detail the location and extent of the work to be done and the lands which are affected.
ALLOWANCES RIGHT-OF-WAY Section 29 of the Drainage Act provides for an allowance to the owners whose land must be used for the construction, repair, or future maintenance of a drainage works. For tile drains where the owners will be able to continue to use the land, the allowance provides for
the right to enter upon such lands, and at various times for the purpose of inspecting such drain, removing obstructions, and making repairs. Also, the allowance provides for the restrictions imposed on those lands to protect the right-of-way from obstruction or derogation. The amounts
granted for right-of-way on tile drains is based on a percentage of the value of the land designated for future maintenance. Therefore, the amount granted is based on $6,670.00/ha. through cropped lands. This value is multiplied by the hectares derived from the width granted for future
maintenance and the applicable lengths. ASSESSMENT DEFINITIONS In accordance with the Drainage Act, lands that make use of a drainage works are liable for assessment for part of the cost of constructing and maintaining the system. These liabilities are known as benefit, outlet liability and special benefit liability as set out under Sections 22, 23, 24 and 26 of the Act. BENEFIT as defined in the Drainage Act means the advantages to any lands, roads, buildings or other structures from the construction, improvement, repair, or maintenance of a drainage works such as will result in a higher market value or increased crop production or improved appearance or better control of surface or sub-surface water, or any other advantages relating to the betterment of
lands, roads, buildings, or other structures. OUTLET liability is assessed to lands or roads that may make use of a drainage works as an outlet
either directly or indirectly through the medium of any other drainage works or of a swale, ravine, creek, or watercourse.
In addition, a Public Utility or Road Authority shall be assessed for and pay all the increased cost to a drainage works due to the construction and operation of the Public Utility or Road Authority. This may be shown as either benefit or special assessment. ASSESSMENT We assess the entire cost of this report to the developer of the Subdivision. It should be noted that the construction costs were paid directly by the developer and are not included in this report. It is also to be noted that the cost of this report is not eligible for the Provincial Agricultural Grant.
PETERS DRAIN BRANCH 'D'
Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-016
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND R & N MAINTENANCE FOR PAVEMENT MARKING SERVICES WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Municipality issued RFT 02-24 for Pavement Marking Services on March 6, 2024; AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFT 02-24 to R & N Maintenance in the amount of $12/litre +HST on April 4, 2024, AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with R & N Maintenance for Pavement Marking Services; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and R & N Maintenance for Pavement Marking Services;
2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF APRIL, 2024.
___________________________ _____________________________
MAYOR CLERK
Page 1 of 3
THIS AGREEMENT DATED THE 18th DAY OF APRIL, 2024
BETWEEN:
The Corporation of the Municipality of Bayham
(Hereinafter called the “Municipality” of the First Part
and
R&N Maintenance
(Hereinafter called the "Contractor")
of the Second Part
Section 1 - General Provisions
1.1 A general description of work is to provide all the labour, equipment and materials required to
provide pavement marking services pursuant to Municipality of Bayham Tender 02-24.
1.2 In respect of such work and except as otherwise specifically provided, the Contractor, at his own
expense, shall provide all and every kind of labour, machinery, plant, structures, roadways and
materials necessary for the due execution and completion of all the work set out in this Contract
and shall forthwith according to the instructions of the Municipality commence the works and
diligently execute the respective portions thereof; and deliver the works complete in every
particular to the Municipality within the time specified in the Tender.
1.3 Municipality of Bayham Tender 02-24 shall form part of this Agreement.
1.4 The Contractor shall be responsible for any damage made to Municipal or private property. Any
damage will be repaired at the expense of the Contractor and approved by the Municipality.
1.5 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an
amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an
additional insured in respect of all operations performed by or on behalf of the Municipality. The
coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days
prior written notice to the Municipality. A Certificate of Insurance shall be filed with the
Municipality upon the signing of the Agreement and be maintained in place for the duration of
the agreement.
1.6 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational
Health and Safety Act and further agrees to take responsibility for any health and safety violation
that may occur. The Contractor shall indemnify and save harmless the Municipality from any
and all charges, fines, penalties and costs that may be incurred of paid by the Municipality.
Page 2 of 3
1.7 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating
that all payments by the Contractor to the WSIB in conjunction with this Agreement have been
made and that the Municipality will not be liable to the Board for future payments in connection
with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly
thereafter until the expiry or termination of this Agreement.
Section 2 – Administration 2.1 This Agreement shall take effect on the 1st day of May, 2024, and shall remain in effect until December 31, 2026 with two mutual one year renewal options. 2.2 Payment shall be made net thirty (30) calendar days following receipt of invoice.
2.3 Any notice required to be given under this Agreement must be in writing to the
applicable address set out below:
(a) in the case of the Municipality:
Municipality of Bayham
PO Box 160 56169 Heritage Line Straffordville, ON N0J 1Y0 Office: (519) 866-5521 Email: sadams@bayham.on.ca
(b) in the case of the Contractor: R&N Maintenance
Roger Knapp
8066 Wellington Road 124 Guelph, ON N1H 6H7 519-763-2997 Email: contracts@r-n.com
2.4 In construing this Agreement, words in the singular shall include the plural and vice versa and
words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa.
Page 3 of 3
IN WITNESS WHEREOF the parties have duly executed this Agreement this 18th day of April, 2024.
Authorized by ) THE CORPORATION OF THE
Bayham By-law No. 2024-016 ) MUNICIPALITY OF BAYHAM
) ) ) _____________________________ ) Mayor
)
) _____________________________ ) Clerk )
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 18th day of April, 2024.
In the presence of ) ) )
_______________________ ) ______________________________
Witness: ) R&N Maintenance
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 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
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-017
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND WILSON’S LAWN CARE FOR LAWN MAINTENANCE SERVICES WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Municipality issued RFT 03-24 for Lawn Maintenance Services on March 14, 2024; AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFT 03-24 to Wilson’s Lawn Care in the amount of $64,740 +HST on April 4, 2024, AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Wilson’s Lawn Care for Lawn Maintenance Services; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and Wilson’s Lawn Care for Lawn Maintenance Services;
2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF APRIL, 2024.
___________________________ _____________________________
MAYOR CLERK
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
CHATHAM STREETROBINSON STREETVICTORIA STREETPITT
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WELLINGTON STREETADDISON STREETBRI
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ERIEUS STREETSTRACHAN STREETELIZABETH STREETWATERLOO STREET PLANK ROADMILTON STREETSHAKESPEARE STREETLIBBYE AVENUE
BROCK STREETNOVA SCOTIA LINEMCCORD LANEHURLEY STREE
T
LAKE
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EWILSON LANEHOMER STREET
WILLIAM STREET
COWPER STREET
SOUTHEY STREET
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GRACE COURT
0 150 30075
Meters
®
Map Produced by: Township of Malahide GIS Department
Projection: NAD 83 UTM Zone 17
Date: August 2021
This drawing is neither a legally recorded map
nor a survey and is not intended to be used as one.
Area ‘A’ 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) and RobinsonSt. and Pitt St. Guiderails
Area ‘I’ Lighthouse (17 Robinson St)
Area ‘J’ Beach turnaround (South end of Robinson St - guard rail area to bottom of slope onthe west approximately 30 meters west fromguard rails going southerly to bottom of slope atturnaround most southerly section of road) and\End of turn around along beach to accessible padaround Beach washroom and food booth
Area ‘K’ Memorial Park (southwest corner ofBrock 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 NovaScotia Line)
A
E F
GH
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J
K
D
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M
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BROWN ROADNOVA
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INE
ORCHA
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Port Burwell
PLANK ROADCHAPEL S
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TEDISON DRIVEELM STREETANN STREET
FULTON STR
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CHUTE LINE
NORTH STREETUNION STREETWATER STREETCHESTNUT ST
R
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OAK STREETPINE STREETKING
S
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0 150 30075
Meters
®
Map Produced by: Township of Malahide GIS Department
Projection: NAD 83 UTM Zone 17
Date: 2024
This drawing is neither a legally recorded map
nor a survey and is not intended to be used as one.
Area ‘A’ Vienna Community Centre (17 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)
A
D
C
AA
B
Vienna
GARNER ROADSANDYTOWN ROADEAST STREETSANDYTOWN ROADPLANK ROADGARNER ROAD
EDEN LINE
PLANK ROADGRAY STR
E
E
TTRAVIS STREET0 100 20050
Meters
®
Map Produced by: Township of Malahide GIS Department
Projection: NAD 83 UTM Zone 17
Date: 2024
This drawing is neither a legally recorded map
nor a survey and is not intended to be used as one.
Area ‘A’ Eden Park (56967 Eden Line)
Area ‘B’ Pump Station (11403 Plank Rd)
A
B
Eden
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-018 A BY-LAW TO ADOPT A MUNICIPAL ASSISTANCE FOR COMMUNITY EVENTS POLICY
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS Council for the Municipality of Bayham receives annual requests for
use of Municipal property, materials and funding for Community Events; AND WHEREAS Council is desirous of streamlining this process; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Municipal Assistance for Community Events Policy attached hereto as Schedule “A” and forming part of this by-law is hereby adopted; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF APRIL, 2024. ____________________________ _____________________________ MAYOR CLERK
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.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-019 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN
ROY SCHRIJVER FARMS LTD. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9),
may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; A0D WHEREAS Roy Schrijver Farms Ltd. is the owner of lands in Concession 7 NTR N Pt Lots 110, 111 RP 11R6757 Pt Part 1 known municipally as 53777 Talbot Line, in the Municipality of Bayham, County of Elgin;
AND WHEREAS, on May 4, 2023, Council passed By-law No. 2023-032 authorizing the Temporary Use and Demolition Agreement (“Agreement”) between Roy Schrijver Farms Ltd. and
the Corporation of the Municipality of Bayham to permit the use of the existing two-storey single-detached dwelling while constructing a new house on the same property and requiring the demolition of the existing dwelling when the new dwelling is complete; AND WHEREAS the Owners want to retain the existing two-storey single-detached dwelling for the purpose of a supplementary farm dwelling to house seasonal farm labourers from April 1 to November 30 in any calendar year; AND WHEREAS, on March 7, 2024, the Municipality of Bayham Committee of Adjustment granted Minor Variance Application A-03/24, including the condition that the owners execute a development agreement for the deeming of an existing two-storey single detached dwelling as one (1)
supplementary farm dwelling as per policies of Section 2.1.10 of the Official Plan and Section 45 of the Planning Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Roy Schrijver Farms Ltd. fixed hereto and forming part of this By-law and marked as Schedule “A”.
2. THAT By-law No. 2023-032 is hereby repealed in its entirety. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18th DAY OF APRIL 2024. MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-020 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TEMPORARY USE AND DEMOLITION AGREEMENT BETWEEN DALE AND WENDY BALDWIN AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law No. Z456-2003, provides that as a temporary use, an existing residence located on the subject property may remain in place and be occupied while a new residence is constructed on the same subject property.
AND WHEREAS the Property Owner has applied for a building permit for construction of a new residence at 56444 Talbot Line, legally described as Concession 10 S Pt Lot 15, being
Assessment Roll No. 3401-000-005-15600. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized and directed to execute the Temporary Use and Demolition Agreement with Dale and Wendy Baldwin attached hereto and forming part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF APRIL 2024.
MAYOR CLERK
SCHEDULE ‘A’ TO BY-LAW NO. 2024-020 THIS TEMPORARY USE AND DEMOLITION AGREEMENT DATED THE 18TH DAY OF APRIL 2024 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the “Municipality”) -and- DALE AND WENDY BALDWIN (Hereinafter called the “Property Owner”)
WHEREAS Section 4.12 of Municipality of Bayham Zoning By-law No. Z456-2003 (hereinafter referred to as the “By-law”), provides that as a temporary use, an existing dwelling located on the subject property may remain in place and be occupied while a new dwelling is constructed on the same subject property; AND WHEREAS the Property Owner has applied for a building permit for construction of a new dwelling at 56444 Talbot Line, legally described as Concession 10 S Pt Lot 15, Assessment Roll No. 3401-000-005-15600 with a request to reside in the existing dwelling during construction; AND WHEREAS the Property Owner commits to submitting a security deposit in the amount of $10,000.00 dollars to the Corporation of the Municipality of Bayham;
AND IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as follows:
1. The Owner shall apply for a building permit to construct within three (3) months of the date of the passing of this By-law.
2. The Owner agrees that the construction of the new dwelling shall be completed and occupied within two (2) years of the passing of this By-law. 3. The Owner agrees to demolish the existing single-detached dwelling within six (6) months of the occupancy of the new dwelling or within two (2) years of completion of construction of the new dwelling, whichever comes first. 4. The Owner shall pay the required $10,000.00 security deposit to the Municipality of Bayham in the form of a bank cheque, certified cheque or a certified Letter of Credit to be held until such time as the existing dwelling is completely demolished and all debris removed to the satisfaction of the Municipality of Bayham’s Chief Building Official.
5. Failure to comply with this Agreement will result in the Municipality of Bayham using the security deposit funds to demolish the existing dwelling and remove all debris. Any and all additional costs for this demolition incurred by the Municipality will be added to the property taxes of the subject property Assessment Roll No. 3401-000-005-15600. .
IN WITNESS WHEREOF the parties have executed this Agreement as at the date first stated above. SIGNED, SEALED AND DELIVERED ________________________________
) Dale Baldwin, Owner
)
)
__________________________ ) ________________________________ Signature of Witness ) Wendy Baldwin, Owner ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM )
) __________________________________ ) Ed Ketchabaw, Mayor ) ) ) __________________________________ ) Thomas Thayer, Chief Administrative Officer ) ) We have authority to bind the Corporation.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024- 021 A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AMENDING AGREEMENT BETWEEN ISAAC AND MARIA FROESE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a
lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in
part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions;
AND WHEREAS Isaac and Maria Froese are the owners of lands in Lot 22 Concession 5, known municipally as 57200 Calton Line, in the Municipality of Bayham, County of Elgin;
AND WHEREAS, on March 2, 2017, the Municipality of Bayham Committee of Adjustment granted Minor Variance Application A-01/17, including the condition that the owners execute an amended Development Agreement for the supplementary farm dwelling as per policies of Section 2.1.10 the Official Plan; AND WHEREAS the Owners are required to amend the Development Agreement for the purpose of satisfying a condition of consent allowing a severance of a surplus farm dwelling through Consent Application E31-23 conditionally granted by the Elgin County Land Division Committee on June 18, 2023; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Amending Agreement with Isaac and Maria Froese affixed hereto and forming
part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF APRIL 2024. MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z773-2024
CHR 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 the ‘Site-Specific Agricultural (A1-A-34)’ Zone to Rural Residential (RR) Zone, which lands are outlined in heavy solid lines and marked “RR” 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 Schedule “A” Map No. 11 by changing the zoning symbol on a portion of the lands from
the ‘Site-Specific Agricultural (A1-A-34)’ Zone to a Site-Specific Special Agriculture (A2-19) Zone, which lands are outlined in heavy solid lines and marked “A2-19” on Schedule “A” Map No. 11 to this By-law, which schedule is attached to and forms part of this By-
law.
3) 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 and removing clauses 5.12.34, 5.12.34.1, 5.12.34.2, and 5.12.34.3:
6.12.19.1 Defined Area
A2-19 as shown on Schedule “A”, Map No. 11 to this By-law.
6.12.19.2 Additional Permitted Uses
A maximum of three (3) supplementary farm dwellings in portions of two (2) existing buildings 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.
6.12.19.3 Maximum Building Area for Supplementary Farm Dwellings
333.0 square metres
6.12.19.4 Minimum Side Yard Depth
Notwithstanding the regulation of subsection 6.9 of this By-law, the Minimum Side Yard Depth for the existing accessory building erected prior to the date of the passing of this By-law shall be 7.2 metres.
4) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 18TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF APRIL 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z778-2024
PETERS
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 ‘Village Residential 1 (R1)’ Zone to a ‘Site-Specific Village Residential 1 (R1-22)’ Zone, which
lands are outlined in heavy solid lines and marked “R1-22” on Schedule “F” (Straffordville) 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 10.12 Exceptions – Village Residential (R1) Zone by adding the following clauses:
10.12.22.1 Defined Area
R1-22 as shown on Schedule “F” (Straffordville) to this By-law.
10.12.22.2 Regulations for Accessory Buildings
Notwithstanding the provisions of Section 4.2 and Section 10.11 of this By- law, the following shall apply:
Maximum Height: 5.2 metres
Maximum Floor Area: 149.0 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 18TH DAY OF APRIL 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF APRIL 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-022 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD APRIL 18, 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 18, 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 18th DAY OF APRIL, 2024. ____________________________ _____________________________ MAYOR CLERK