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HomeMy WebLinkAboutJune 20, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, June 20, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 2 Applications The June 20, 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 A. Watson & Associates Economists Ltd. re Water and Wastewater Rate Study (presentation materials to be posted by addendum) 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held June 6, 2024 B. Statutory Planning Meeting held June 6, 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 Council Agenda June 20, 2024 2 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Open House re Bayham Official Plan Review 2024 B. Notice of Decision re Minor Variance A-08/24, Dan Froese Farms Inc. C. Notice of Decision re Minor Variance A-09/24, Dan Wieler D. Notice of Decision re Minor Variance A-10/24, Roy Schrijver Farms E. Notice of Passing re Zoning By-law Amendment ZBA-12/24, Asher F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-09/24, Jurenas G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-17/24, Giles 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-46/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-14/24 Terry and Rebecca Paget, 11681 Elliott Road B. Report DS-47/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-16/24 Willow Hawk Farms Inc., 56830 Talbot Line C. Report DS-48/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E46-24 Friessen, 55837 Fifth Street D. Report DS-49/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Minor Variance A-08/24 Dan Froese Farms Inc. Development Agreement E. Report DS-50/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Janzen & PBR Excavating Ltd. Development Agreements 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Housing Market Update for May 2024 B. Long Point Region Conservation Authority re May 1, 2024 Meeting Minutes C. Watson & Associates Economists Ltd. re Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 D. AMCTO re E. A. Danby Award to Municipality of Bayham and Township of Malahide for Shared Services Agreement Council Agenda June 20, 2024 3 13.1.2 Requiring Action A. Straffordville Hall Foundation re Straffordville Community Centre Expenditure Lines 13.2 Reports to Council A. Report CL-07/24 by Meagan Elliott, Clerk re 2024 Municipal Assistance – Second Intake B. Report CAO-25/24 by Thomas Thayer, CAO re Port Burwell Lighthouse Status and Costing Revisited 14. BY-LAWS A. By-law No. 2024-040 Being a by-law to authorize the execution of a development agreement between Dan Froese Farms Inc. and the Corporation of the Municipality of Bayham B. By-law No. 2024-041 Being a by-law to authorize the execution of a development agreement between the Municipality of Bayham and Johan and Sara Janzen for the construction of a portion of Union Street, Vienna C. By-law No. 2024-042 Being a by-law to authorize the execution of a construction agreement between the Municipality of Bayham and PBR Excavating Inc. for the construction of a portion of Union Street, Vienna D. By-law No. Z782-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Paget E. By-law No. Z783-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Willow Hawk Farms 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Deputy Mayor Weisler re AMO Director Nomination 16.1 In Camera A. Confidential Item re Sale or disposition of land; A position, plan procedures, 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 (Fourth Street) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-043 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, June 6, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 2 Applications The June 6, 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 TREASURER LORNE JAMES FIRE CHIEF HARRY BARANIK BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:03 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Dan Froese declared a pecuniary interest to item 11.2 A. Counicllor Susan Chilcott declared a pecuniary interest later in the meeting to item 13.1.2 A. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Deputy Mayor Weisler made a number of announcements: • Congratulations to Edisonfest for the great turnout • Reminder that there is a Blue Flag Beach Flag Raising Ceremony on Saturday, June 8, 2024 at 1 pm at the Port Burwell East Beach • Reminder that there is a Grand Re-Opening of the Marine Museum on Saturday, June 8, 2024 from 2-4 pm • Congratulations to four (4) new Bayham firefighters Council Minutes June 6, 2024 2 • Noting that June 6, 2024 is the 80th anniversary of D-Day and honouring the brave Canadians Mayor Ketchabaw announced that there will be a Masonic breakfast on Sunday, June 16, 2024 from 8 am to 1 pm. Mayor Ketchabaw took a moment to point out that there has been some recent property damage relating to our signage that cost the Municipality approximately $8,000. Mayor Ketchabaw noted this is a safety and cost issue and is not acceptable. Manager of Public Works / Drainage Superintendent, Steve Adams announced the upcoming retirement of Kevin Bradfield. Kevin has been with Bayham since 1994. Steve expressed his gratitude for his service on behalf of all Bayham staff and Council gave a round of applause. 5. PRESENTATIONS A. Rob Foster, Graham Scott Enns re 2023 Consolidated Financial Statements Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the presentation from Rob Foster, Graham Scott Enns re 2023 Consolidated Financial Statements be received for information; AND THAT the 2023 Financial Statements be approved as presented; AND THAT the Chair be directed to sign the audit finding letters. CARRIED The Council Meeting recessed at 7:32 pm for a Statutory Planning Meeting The Council Meeting resumed at 7:56 pm. Council recessed for a short break at 7:56 pm. The Council Meeting resumed at 8:06 pm. 6. DELEGATIONS A. Amanda Paupst, Elgin County Library Branch Supervisor re Your Bayham Libraries Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the delegation from Amanda Paupst, Elgin County Library Branch Supervisor re Your Bayham Libraries be received for information. CARRIED Council Minutes June 6, 2024 3 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held May 16, 2024 B. Special Meeting of Council held May 23, 2024 Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the minutes from the Regular Meeting of Council held May 16, 2024 and the minutes from the Special Meeting of Council held May 23, 2024 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM One (1) member of the public spoke to item 13.2 B. 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-05/24 by Stephen Miller, By-law Enforcement Officer re Refreshment Vehicle Licensing Councillor Froese left the table at 8:23 pm Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report BL-05/24 re Refreshment Vehicle Licensing be received for information; AND THAT the draft Refreshment Vehicles By-law No. 2024-033 be approved as presented and brought forward for enactment; Council Minutes June 6, 2024 4 AND THAT Council approves the updated fees for the four classifications of refreshment vehicles; AND THAT the appropriate by-law to update the refreshment vehicle licensing fees be brought forward for Council’s consideration. CARRIED Councillor Froese returned to the table at 8:36 pm B. Report FR-03/24 by Harry Baranik, Fire Chief re Replacement of Tanker 1 – Joint Procurement Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report FR-03/24 re Replacement of Tanker 1 – Joint Procurement be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham approve the procurement of one (1) Maxi-Metal Pumper Tanker based on the specifications outlined in the Proposal from Commercial Emergency Equipment Company, in the amount of $738,491.23 plus HST, to replace the 2000 Pumper Tanker currently in service at Station 1 Port Burwell. CARRIED C. Report PS-09/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re East Beach Unloading Zone and Additional Signage Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT Report PS-09/24 re East Beach Unloading Zone and Additional Signage be received for information; AND THAT staff be directed to implement an unloading zone in the west side beach parking lot. CARRIED D. Report PS-10/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re Additional On-Street No Parking Zones – Fulton Street and Robinson Street Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report PS-10/24 re Additional On-Street No Parking Zones – Fulton Street and Robinson Street be received for information; Council Minutes June 6, 2024 5 AND THAT correspondence be sent to the County of Elgin Council to consider establishing a No Parking zone on Fulton Street between Elm Street and Snow Street in Vienna; AND THAT a No Parking zone be established along Robinson Street from Pitt Street to the East Beach turnaround in Port Burwell. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Open House re Bayham Official Plan Review 2024 B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-14/24 C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-16/24 D. Notice of Public Meeting re Proposed Minor Variance A-08/24 E. Notice of Public Meeting re Proposed Minor Variance A-09/24 F. Notice of Public Meeting re Proposed Minor Variance A-10/24 G. Notice of Passing re ZBA-13/24 Dan Froese Farms Inc. H. Notice of Decision re Minor Variance A-05/24 I. Notice of Decision re Minor Variance A-06/24 J. Notice of Decision re Minor Variance A-07/24 K. Notice of Adoption re Elgin County Official Plan L. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-09/24 M. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-17/24 Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT items 12.1.1 A – M be received for information. CARRIED Council Minutes June 6, 2024 6 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-37/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-12/24 Asher, J & C 11184 Plank Road Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report DS-37/24 regarding the Asher rezoning application ZBA-12/24 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 May 2, 2024 associated with this application, the Agent was the only signed in attendee, there were 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 21 & 22 Concession 8, known municipally as 11184 Plank Road, from Hamlet Residential (HR) to Site-Specific Hamlet Residential (HR-15) 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 required; • Section 9.7) to permit a Maximum Floor Area of 187 m2 (168.0 m2 for the proposed garage and 18.9 m2 for the existing shed to be relocated), whereas 75.0 m2 is required; • Section 9.10) to permit a Minimum Rear Yard Depth of 2.9 metres, whereas 9.0 metres is required; • Section 4.22.1.b) to permit a Minimum Setback of 20.0 metres from the centre line of the County Road right-of-way, whereas 26.0 metres is required. AND THAT Zoning By-law No. Z780-2024 be presented to Council for enactment. CARRIED B. Report DS-40/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Temporary Use and Demolition Agreement Benne and Martha Wiebe Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott Council Minutes June 6, 2024 7 THAT Report DS-40/24 regarding the Wiebe Temporary Use and Demolition Agreement be received; AND THAT By-law No. 2024-035, being a by-law to authorize an agreement between Benne and Martha Wiebe and The Corporation of the Municipality of Bayham, be presented for enactment. CARRIED C. Report DS-41/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Declare Lands as Part of the Open Public Highway System Part 1 11R9348 – Part of Charles Court Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-41/24 regarding the Declare Lands as Part of the Open Public Highway System (part of Charles Court) be received; AND THAT By-law No. 2024-036, being a by-law to authorize and to declare lands in the Municipality of Bayham as part of the open public highway system (Part 1 of 11R9348 – Part of Charles Court), be presented for enactment. CARRIED D. Report DS-45/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Applications E39-24 and E40-24 Best Line Construction 11156 Culloden Road Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-45/24 regarding the Consent Applications E39-24 and E40-24 Best Line Construction (Frank Fehr) be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E39-24 and E40-24 be granted subject to the following conditions and considerations: 1. That the owner obtains approval from the County of Elgin for road entrance permits for new accesses to the proposed severed Parcels A and B. 2. That the owner obtains a municipal lot assessment and provides soil testing results for the proposed severed Parcels A and B in accordance with Provincial Standards for a future septic system. 3. That the owner obtains approval from the Municipality of Bayham for the installation of a new private well on each of the proposed severed Parcels A and B providing the Municipality with water quantity and water quality reports for bacteria and nitrates content for each lot meeting the Provincial standards for residential use, as a matter of public health and safety. 4. That the owner provides an engineered grading, drainage and storm water management plan for each of the proposed severed Parcels A and B to demonstrate Council Minutes June 6, 2024 8 that the severed lands will drain properly to a legal outlet with no negative impacts on the neighbouring lands or the road, all to the satisfaction of the Municipality of Bayham. 5. That the applicant initiate and assume, if required by the Municipality, all engineering costs associated with the preparation of a revised assessment schedule for any associated municipal 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. 6. That the owner pay Cash-in-lieu of Parkland fees for each of the proposed severed Parcels A and B as required in Municipal By-law No. 2020-053. 7. That the owner provides a digital copy of a survey of the subject lands. 8. That the owner applies and pays all fees to the Municipality with respect to Civic Addressing/signage for each of the proposed severed Parcels A and B. 9. That the owner provides a Planning Report Fee payable to the Municipality of Bayham upon consent conditional approval. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Plympton-Wyoming re ERO Postings 019-8462 and 019-8371 B. Township of Lake of Bays re Request for Royal Assent of Administrative Monetary Penalty System in the Ontario Building Code Act C. Elgin County re May 14, 2024 County Council Highlights D. Elgin County re May 28, 2024 County Council Highlights E. Swim Drink Fish re 2024 Municipality of Bayham Blue Flag Canada Application F. Municipality of Bayham re Marine Museum Grand Re-Opening Event Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT items 13.1.1 A – F be received for information. CARRIED 13.1.2 Requiring Action A. Bayham Historical Society re Port Burwell Lighthouse Restorations Councillor Chilcott declared a pecuniary interest and left the table at 9:27 pm Moved by: Councillor Emerson Council Minutes June 6, 2024 9 Seconded by: Councillor Froese THAT the correspondence from the Bayham Historical Society re Port Burwell Lighthouse Restorations be received for information. CARRIED Councillor Chilcott returned to the table at 9:31 pm 13.2 Reports to Council A. Report CAO-20/24 by Thomas Thayer, CAO re Stop-Up and Close – Part 2 of Plan 11R-11164, Faye Street, Port Burwell Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CAO-20/24 re Stop-up and Close – Part 2 of Plan 11R-11164, Faye Street, Port Burwell be received for information; AND THAT a by-law authorizing the Stop-Up and Close of Part 2 of Plan 11R-11164, being part of the Faye Street road allowance, Port Burwell, be brought forward for Council’s consideration; AND THAT the Mayor and Chief Administrative Officer be authorized to execute the necessary documents to proceed with conveyance of the lands to the abutting landowner. CARRIED B. Report CAO-21/24 by Thomas Thayer, CAO re Stop-Up and Close – Parts 2 & 3 of Plan 11R-10789, Snow Street, Vienna/Buildability – Ann Street Lands Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-21/24 re Stop-up and Close – Parts 2 & 3 of Plan 11R-10789, Snow Street, Vienna / Buildability – Ann Street Lands be received for information; AND THAT a by-law authorizing the Stop-Up and Close of Parts 2 & 3 of Plan 11R-10789, Snow Street road allowance be brought forward for Council’s consideration; AND THAT staff be directed to obtain a survey of the Ann Street Lands for further consideration of buildability with 4 lots fronting onto Ann Street. CARRIED Council Minutes June 6, 2024 10 C. Report CAO-22/24 by Thomas Thayer, CAO re Extension of Site Plan Agreement – John and Jennifer Klassen – 9253 Plank Road (SPA-06/21) Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CAO-22/24 re Extension of Site Plan Agreement – John and Jennifer Klassen – 9253 Plank Road, Straffordville (Application No. SPA-06/21) be received for information. CARRIED 14. BY-LAWS A. By-law No. 2024-028 Being a by-law to adopt the capital estimates for the year 2024 B. By-law No. 2024-029 Being a by-law to establish a levy for the year 2024 to adopt tax rates, provide for penalty and interest in default of payment and the collection thereof C. By-law No. 2024-031 Being a by-law to stop up and close part of the Faye Street road allowance in the Municipality of Bayham in the County of Elgin, designated as part 2 on registered pan 11R-11164 (Faye Street) D. By-law No. 2024-032 Being a by-law to stop up and close part of the road allowance between Fulton Street and Ann Street in the Municipality of Bayham, in the County of Elgin designated as parts 2 and 3 on registered plan 11R-10789 (Snow Street) E. By-law No. 2024-033 Being a by-law to license refreshment vehicles in the Municipality of Bayham F. By-law No. 2024-034 Being a by-law to amend By-law No. 2023-088 being a by-law to adopt schedules A – H for the management, regulation and control of cemeteries G. By-law No. 2024-035 Being a by-law to authorize the execution of a temporary use and demolition agreement between Benne and Martha Wiebe and the Corporation of the Municipality of Bayham H. By-law No. 2024-036 Being a by-law to authorize and declare lands in the Municipality of Bayham as part of the open public highway system (Part 1 of 11R-9348 – Part of Charles Court) I. By-law No. 2024-037 Being a by-law to amend By-law No. 2023-053 being a by-law to appoint municipal officers and employees for the Municipality of Bayham J. By-law No. 2024-038 Being a by-law to amend By-law No. 2023-095, being a by-law to establish and require the payment of rates and fees Council Minutes June 6, 2024 11 K. By-law No. Z780-2024 Being a by-law to amend By-law No. Z456-2003, as amended – Asher Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT By-law Nos. 2024-028, 2024-029, 2024-031, 2024-032, 2024-033, 2024-034, 2024-035, 2024-036, 2024-037, 2024-038 and Z780-2024 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 Emerson Seconded by: Councillor Froese THAT the Council do now rise to enter into an “In Camera” Session at 10:23 p.m. to discuss: A. Confidential Item re Litigation or potential litigation, including matters before administrative tribunals (Cost Recovery) B. Confidential Item re Sale or disposition of land; A position, plan procedures, 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) CARRIED 16.2 Out of Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the Council do now rise from the “In Camera” Session at 10:43 p.m. and report on Confidential Item re Litigation or potential litigation, including matters before administrative tribunals (Cost Recovery) and Confidential Item re Sale or disposition of land; A position, plan procedures, 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). CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson Council Minutes June 6, 2024 12 THAT Confidential Item re Litigation or potential litigation, including matters before administrative tribunals (Cost Recovery) be received for information; AND THAT staff proceed as directed. CARRIED Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Confidential Item re Sale or disposition of land; A position, plan procedures, 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 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-039 Being a by-law to confirm all actions of Council Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2024-039 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 10:47 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, June 6, 2024 7:30 p.m. A. Proposed Zoning By-Law Amendment ZBA-14/24 11681 Elliott Road, Paget B. Proposed Zoning By-law Amendment ZBA-16/24 56830 Talbot Line, Willow Hawk Farms Inc. The June 6, 2024 Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS SUSAN CHILCOTT TIMOTHY EMERSON DAN FROESE 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 FIRE CHIEF HARRY BARANIK PUBLIC ATTENDEES A: ROSELYN CHUES PUBLIC ATTENDEES B: EVAN VANMOERKERKE ROSELYN CHUES APPLICATION A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:31 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Proposed Zoning By-Law Amendment ZBA-14/24 11681 Elliott Road, Paget 2 THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Rural Residential (RR)’ Zone to a ‘Site-Specific Rural Residential (RR-XX)’ Zone in order to permit the following:  Permit a Maximum Floor Area of 269.0 m2 (2,895.5 ft2) for accessory buildings, whereas Section 7.11.3 of the Zoning By-law requires 95.0 m2 (1,022.57 ft2), and;  Permit the existing Shipping Container for storage purposes, whereas Section 4.58.a) of the Zoning By-law strictly prohibits Shipping Containers used for storage purposes in any residential zone. The subject property is known as 11681 Elliott Road, west side, and north of Talbot Line. THE EFFECT of this By-law is to facilitate a 128 m2 expansion of an existing 120 m2 accessory building for personal storage and vehicles, and recognize the existing Floor Areas of the accessory shed (5.94 m2) and shipping container (14.66 m2) on the subject property. Therefore, the cumulative Maximum Floor Area for all existing / proposed accessory buildings is 269.0 m2. 5. PUBLIC PARTICIPATION Roselyn Chues spoke to the application requesting Council to consider the effects on the neighbours with an emphasis on sound. 6. CORRESPONDENCE No correspondence received. 7. OTHER BUSINESS No other business. 8. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Zoning By-law be considered at a future meeting of Council; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-14/24 is now complete at 7:39 p.m. CARRIED APPLICATION B 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:40 p.m. 10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest declared. 3 11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT B. Proposed Zoning By-law Amendment ZBA-16/24 56830 Talbot Line, Willow Hawk Farms Inc. THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-XX)’ Zone to permit the following:  ‘Assembly Hall’ to permit weddings as an On-Farm Diversified Use ancillary to the principal agricultural use as an additional permitted use, and;  ‘Farm Produce Outlet’ in an existing permanent building/structure with a Maximum Floor Area of 372.0 m2 (4004.17 ft2) as an additional permitted use, whereas the Zoning By-law requires that a Farm Produce Outlet to be in a temporary building/structure. The subject property is known as 56830 Talbot Line, north side, and east of Elliott Road. THE EFFECT of this By-law is to allow for weddings as an On-Farm Diversified Use ancillary to the principal agricultural use, which is currently not permitted in the Zoning By-law. Further, this By-law will be to recognize the existing Farm Produce Outlet for the sale of apples inside a portion of the existing barn where Farm Produce Outlets are not intended to be in permanent buildings. 13. PUBLIC PARTICIPATION Evan Vanmoerkerke, owner of the property, summarized the application and the desired future intent of the property to host events to supplement revenue outside of apple picking season. Roselyn Chues, neighbour, spoke in opposition of the application. R. Chues is concerned with the noise and potential trespassers onto her property with hosting events such as weddings. R. Chues discussed other businesses and neighbours in the area that have caused her and her mother issues and is worried this will be another. 14. CORRESPONDENCE Public Comments Received by May 29, 2024:  Roselyn Chues, sent by email 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; 4 AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application ZBA-16/24 is now complete at 7:55 p.m. CARRIED MAYOR CLERK NOTICE OF OPEN HOUSE THE MUNICIPALITY OF BAYHAM OFFICIAL PLAN REVIEW 2024 TAKE NOTICE that the Corporation of the Municipality of Bayham invites you to attend an in-person Open House in consideration of the Bayham Official Plan Review project as follows: Date: Wednesday, June 19, 2024 Time: 6:00 PM – 8:00 PM Location: Straffordville Community Centre Main Hall 56169 Heritage Line Straffordville, ON N0J 1Y0 Please note that an online/virtual option is not available for this open house, however, all materials presented during the open house will be posted on the Municipal Website following the meeting. THE PURPOSE of this in-person Open House is for the Municipality and the consultant team, Arcadis, to provide a presentation and discussion regarding the key themes and changes we are considering as part of the Official Plan Review. More specifically, the main goal of this open house is to provide an opportunity for the public to suggest revisions that may be required to the new Official Plan and offer comments regarding any issues or matters that should be considered during the Official Plan Review process. The open house is also an opportunity for members of the public to learn more about the Official Plan Review process. This represents Phase Two of the project. From the comments and suggestions provided by the public at the open house, as well as the written comments received to date, the Municipality and Arcadis will prepare the first Draft Official Plan. Once prepared, the first Draft Official Plan will be shared on the Municipal Website and a future Open House will be held at a later date in Phase Three of the project. This Official Plan Review is a municipal-wide initiative and affects all lands within the jurisdiction of the Municipality of Bayham. ANY PERSON may attend the in-person Open House and/or make a written or verbal representation to provide comments or questions. The Municipality encourages your comments throughout the Official Plan Review process. If you have any comments, questions, require further information, or would like to be added to the project mailing list for updates and to be notified of the future decision of the County of Elgin on the proposed Official Plan, please email or mail to:  opreview@bayham.on.ca  Municipal Office: Attention - Official Plan Review (56169 Heritage Line, P.O. Box 160, Straffordville, ON, N0J 1Y0)  Oral submissions may also be expressed at Open Houses or the Statutory Public Meeting. All comments received will form part of the public record and will be circulated to Council, Municipal Staff, and Arcadis. IF A PERSON OR PUBLIC BODY would otherwise have an ability to appeal the decision of the County of Elgin to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the proposed Bayham Official Plan is adopted, the person or public body is not entitled to appeal the decision. 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 proposed official plan is adopted, 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 add the person or public body as a party. ADDITIONAL INFORMATION relating to the proposed Official Plan Review project may be obtained on the Municipal Website www.bayham.on.ca or at the Municipal Office, 56169 Heritage Line, Straffordville. Dated at the Municipality of Bayham this 16th day of May 2024. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca ZBA-12/24 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z780-2024 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: ASHER, JOHN & CAROL LOCATION: 11184 PLANK ROAD, EDEN TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z780-2024 on the 6th day of June 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 27th day of June 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 the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-15)’ 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 required; Section 9.7 to permit a Maximum Floor Area of 187 m2 (168.0 m2 for the proposed garage and 18.9 m2 for the existing shed to be relocated), whereas 75.0 m2 is required; Section 9.10 to permit a Minimum Rear Yard Depth of 2.9 metres, whereas 9.0 metres is required, and; Section 4.22.1.b) to permit a Minimum Setback of 20.0 metres from the centre line of the County Road right-of-way, whereas 26.0 metres is required. 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. 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 7th DAY OF JUNE 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-09/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: PENNY AND PETER JURENAS LOCATION: 10122 SANDYTOWN ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-09/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 20th, 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 is to facilitate the severance of an agricultural parcel and rezone the proposed Severed Lot from ‘Special Agricultural (A2)’ Zone to a ‘Site-Specific Special Agricultural (A2-XX)’ Zone to permit a Minimum Lot Area of 18.4 hectares, whereas the Section 6.4 of the Zoning By-law requires a Minimum Lot Area of 20.0 hectares. The subject property is known as 10122 Sandytown Road, east side, and north of Maple Grove Line. THE EFFECT of this By-law is to facilitate the severance of an agricultural parcel into two (2) distinct agricultural parcels as a Condition of Approval for the Elgin Land Division Committee Consent Application file number E35- 24. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments are to be submitted on or before 12:00 Noon on Wednesday, June 12, 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 31st day of May 2024. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca ZBA-17/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: BRIAN GILES LOCATION: 53510 HERITAGE LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-17/24). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 20th, 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 ‘Agricultural (A1)’ Zone to a ‘Site-Specific Agricultural (A1-XX)’ Zone to permit the development of an Additional Residential Unit (ARU) within a proposed detached accessory building that is 213.0% (371.6 m2) of the principal farm dwelling (174.5 m2), whereas Section 4.2.f) of the Zoning By-law states that 25.0% (43.6 m2) is required for accessory use buildings accessory to principal farm dwellings on the subject property. The subject property is known as 53510 Heritage Line, north side, and east of Springer Hill Road. THE EFFECT of this By-law is to facilitate the development a proposed detached accessory building for the purpose of an ARU 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 amendment. Written comments are to be submitted on or before 12:00 Noon on Wednesday, June 12, 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 31st day of May 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: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 20, 2024 REPORT: DS-46/24 FILE NO. C-07 / D13.PAGET Roll # 3401-000-006-14600 SUBJECT: Rezoning Application ZBA-14/24 Terry and Rebecca Paget 11681 Elliott Road Draft Zoning By-law No. Z782-2024 BACKGROUND Terry and Rebecca Paget have submitted a rezoning application to rezone their property at 11681 Elliott Road, west side, north of Talbot Line (Hwy 3). The lands are designated as ‘Specific Policy Area No. 1’ on Schedule ‘A1’ (Land Use) in the Municipality of Bayham Official Plan. The lands are zoned Rural Residential (RR) on Schedule ‘A’ Map No. 2 of the Municipality of Bayham Zoning By- law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property from ‘Rural Residential (RR)’ Zone to a ‘Site-Specific Rural Residential (RR-52)’ Zone in order to permit a Maximum Floor Area of 248.0 m2 (2,669.5 ft2) for an accessory building, whereas Section 7.11.3 of the Zoning By-law requires 95.0 m2 (1,022.6 ft2). The effect of this By-law is to facilitate a 128.0 m2 expansion of an existing 120.0 m2 accessory building for personal storage and vehicles on the subject property. Therefore, the cumulative Maximum Floor Area for all existing / proposed accessory buildings is 248.0 m2. The public meeting was held on June 6, 2024 with one signed-in attendee and no written public submissions. DISCUSSION Included with this Report is the planner’s memorandum, dated June 12, 2024, providing an analysis of the zoning amendment application against the Bayham Official Plan and Zoning By-law. Staff and planner support the zoning amendment for the proposed expansion of the existing accessory building for personal storage, however, do not support the existing shipping container remaining on a residentially-zoned property. As per the intention of Section 4.58 a) of the Zoning By-law, the existing shipping container does not maintain the residential appearance from the streetscape. Therefore, staff cannot support the request to keep the container. Staff Report DS-46/24 Paget 2 The Owner agrees that the container will be removed and asks that they have time to move the contents to the new addition once they are able to do so. The recommendation from staff would be to include the requirement to remove the shipping container as a condition on the building permit. Once the addition is constructed and approved for occupancy by the building department, the contents would be moved over and the container removed in order to get final occupancy. Staff concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Rural Residential (RR) Zone to Site-specific Rural Residential (RR-52) provided that the Owners remove the existing shipping container from the subject property to allow for the expansion of the existing accessory building. The subject lands would continue to be prohibited from having shipping containers on residentially-zoned lots as intended in the Zoning By- law. As a result, the Site-Specific Exception in the Notice of Passing and Zoning By-law is amended to reflect the proposed cumulative Maximum Floor Area of 248.0 m2 (2,669.5 ft2), whereas Section 7.11.3 of the Zoning By-law requires maximum of 95.0 m2 (1,022.6 ft2). STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-14/24 Paget 2. Arcadis Memorandum, dated June 12, 2024 3. Draft Zoning By-law No. Z782-2024 RECOMMENDATION THAT Report DS-46/24 regarding the Paget rezoning application ZBA-14/24 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 June 6, 2024 associated with this application, there was one signed in attendee making an oral presentation unrelated to this specific matter 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 Part Lot 15 Concession 10, known municipally as a 11681 Elliott Road, from Rural Residential (RR) Zone to Site-specific Rural Residential (RR-52) to permit the expansion of the existing accessory building and would continue to prohibit shipping containers on the residential zoned lots as intended in the Zoning By-law; AND THAT Zoning By-law No. Z782-2024 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 June 12th, 2024 From Christian Tsimenidis, BES Project No 3404 – 940 cc William Pol, MCIP, RPP Subject Terry and Rebecca Paget - Application for Zoning By-law Amendment ZBA-14-24, 11681 Elliott Road Background 1. Arcadis has completed a review of the application for a Zoning By-law Amendment submitted by Terry and Rebecca Paget, owners of the subject property identified as 11681 Elliott Road, west side, and north of Talbot Line. The applicant is requesting a Zoning By-law Amendment to rezone the subject property from ‘Rural Residential (RR)’ Zone to a ‘Site-Specific Hamlet Residential (RR-52)’ Zone to facilitate the expansion of an existing accessory building and permit the existing shipping container for storage purposes on the subject property, seeking relief from the following provisions:  Section 7.11.3 to permit a cumulative Maximum Floor Area of 263.0 m2 (2,830.9 ft2) for accessory buildings, whereas the Zoning By-law requires 95.0 m2 (1,022.6 ft2), and;  Section 4.58.a) to permit the existing Shipping Container for storage purposes, whereas Zoning By-law prohibits Shipping Containers used for storage purposes in any residential zone. 2. Ultimately, the intent of this application is to facilitate a 128 m2 expansion of an existing 120 m2 accessory building for personal storage and vehicles, and recognize the existing Floor Area of the shipping container (14.66 m2) on the subject property. Therefore, the proposed cumulative Maximum Floor Area for all existing / proposed accessory buildings is 263.0 m2. Further, the intent of this application would also be to permit and recognize the existing Shipping Container on the subject property. 3. It should be noted that in the Notice of Public Meeting that was circulated on May 18, 2024, it stated that a cumulative Maximum Floor Area of 269.0 m2 (2,895.5 ft2) was proposed for existing/proposed accessory buildings on the subject property. This accounted for the existing accessory shed that is 5.9 m2 (63.9 ft2) in size. The owners clarified in the application package that this existing accessory shed will be ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 2 removed and is therefore not included in the proposed cumulative Maximum Floor Area of 263.0 m2 (2,830.9 ft2) for accessory buildings noted and analyzed in this Memo. 4. The lands are currently within the ‘Specific Policy Area No. 1’ designation in Schedule ‘A1’: Land Use in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Rural Residential (RR)’ in Schedule ‘A’, Map No. 2 in Zoning By- law No. Z456-2003. Subject Property and Surrounding Area 5. The subject property has a lot area of approximately 10,448.1 m2 (1.04 ha.), estimated lot frontage of 49.7 m (163.1 ft), and a lot depth of 210.3 m (689.9 ft). The subject property can be described as a large, rectangular-shaped lot that comprises of an existing single-detached dwelling, a detached accessory building/structure directly behind the dwelling, a shipping container to the southern/side lot line, as well as a small accessory shed in the rear yard. The small shed, with a Floor Area of 5.94 m2, will be removed by the owners and is not accounted for in the proposed Maximum Floor Area for accessory buildings in this By-law. The centre of the subject property consists of a wooded area, as well as a stormwater pond to the rear. The existing wooded area is not identified as having natural heritage significance in the Bayham Official Plan. 6. An existing access from Elliott Road is currently used to access the subject property and will continue to be utilized. The subject property is currently serviced by private well and septic services, which will remain unaltered and unimpacted as a result of the proposed expansion of the accessory building. 7. The subject property is immediately adjacent to existing rural residential lots along Elliott Road. These lots are of similar size and scale to the subject property. On the opposite side of Elliott Road to the east exists agricultural operations, notably the “Belkerke Farm & Orchard”. The lands immediately to the north of the subject property are also used for agricultural purposes. To the west/rear of the subject property exists natural heritage features identified in the Bayham Official Plan, notably “Significant Woodlands’. The proposed expansion is located outside of these natural heritage features. Public Comments 8. A statutory Public Meeting was held on June 6, 2024, and no written or verbal feedback from the public was received pertaining to this specific application. Municipality of Bayham Official Plan 9. The Bayham Official Plan designates the subject property as ‘Specific Policy Area No. 1 – Elliott Road’ in Schedule ‘A1’: Land Use in the Municipality of Bayham ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 3 Official Plan. This is noted under Section 3 – Specific Land Use Policies of the Official Plan, which pertains to ‘Non-Resource Uses’. As per Section 3.3.1 of the Official Plan, this Specific Policy Area is intended to permit a total of twenty (20) non-farm dwellings along Elliott Road, north of Talbot Line. 10. Comment: The proposed expansion of the detached accessory garage will conform to the current land use designation, as the existing non-farm residential lot will continue to function as it exists today. The proposed expansion will be in accessory to the existing single-detached dwelling, which is a permitted use, to provide for additional storage for personal vehicles and equipment. Notwithstanding this, it is Arcadis’s opinion that the existing shipping container is not appropriate and in keeping with the intent and purpose of this designation. The existing shipping container detracts from the rural residential appearance in the existing neighbourhood, given that a total of 19-20 rural residential lots exist in a cluster along Elliott Road. It is Arcadis’s opinion that the proposed request to permit the existing shipping container does not conform to the Bayham Official Plan and would not be supported. As such, in order to recommend support of this Zoning By-law Amendment Application, Arcadis Staff are recommending that the proposed Maximum Floor Area of 263.0 m2 (which accounts for the 14.6 m2 of the shipping container) remove the floor area of the shipping container and be amended to reflect only the proposed expansion to the existing accessory building. Therefore, the Notice of Passing and By-law would be updated to reflect the cumulative Maximum Floor Area of 248.0 m2 (2,669.5 ft2). The proposed Maximum Floor Area of the oversized accessory building on the subject property would then represent a 2.3% lot coverage, which will not have adverse impacts to the adjacent neighbouring lots. Provided that the shipping container be removed by the owners, it is Arcadis’s opinion that proposed cumulative Maximum Floor Area of 248.0 m2 for accessory buildings on the subject property will still maintain the general intent and purpose of the Official Plan, being that the low-rise and non-farm nature of the existing lots in the Specific Policy Area. Therefore, it is Arcadis’s opinion that the proposed Zoning By-law Amendment Application, as amended, would conform to the Bayham Official Plan. Municipality of Bayham Zoning By-law 11. The subject property is currently zoned ‘Rural Residential (RR)’ in Schedule ‘A’, Map No. 2 in Zoning By-law No. Z456-2003. As per Section 4.58.a) of the Zoning By-law, Shipping Containers used for storage purposes in any residential zone are strictly prohibited. Given that the RR Zone is considered residential, this regulation would apply. The intent of this regulation is to minimize negative visual impacts from the public realm and/or streetscape for residential lots, as well as maintain the ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 4 appearance of a residential land use, rather than a commercial / industrial / agricultural land use where shipping containers are commonly used. 12. Comment: It is Arcadis’s opinion that the existing shipping container for the purpose of personal storage is not appropriate and does not meet the general intent and purpose of the Zoning By-law. While an existing fence and treeline is located along the southern property line, these buffers may not exist in the future and the shipping container may have negative visual impacts in the future to the adjacent neighbouring lot. As per the intention of Section 4.58.a) of the Zoning By-law, the existing shipping container does not maintain the residential appearance from the streetscape, as it is visible from the public realm and not buffered. Therefore, Arcadis cannot support the requested Zoning By-law Amendment, specifically the Site-Specific Exception to permit the existing shipping container on the subject property. 13. As per Section 7.11.3 of the Zoning By-law, the Maximum Floor Area for an accessory building in the RR Zone is 95.0 m2 or 8% lot coverage, whichever is less. In this case, given that 8% of the subject property is 835.8 m2 (8,996.5 ft2), the Maximum Floor Area of 95 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. 14. Comment: It is Arcadis’s opinion that the proposed Maximum Floor Area is appropriate and meets the general intent and purpose of the Zoning By-law. As previously mentioned in Paragraph 10 of this Memo, in order to recommend support of this Zoning By-law Amendment Application, Arcadis Staff are recommending that the proposed Maximum Floor Area of 263.0 m2 (which accounts for the 14.6 m2 of the shipping container) remove the floor area of the shipping container and be amended to reflect only the proposed expansion to the existing accessory building. Therefore, the cumulative Maximum Floor Area for the oversized accessory building would be 248.0 m2 (2,669.5 ft2). Given that that the subject property is 10,448.1 m2 in size, this means the proposed 263.0 m2 would represent a lot coverage of 2.3% which will not have adverse impacts to the surrounding area and neighbours. As previously mentioned in this Memo, the subject property and existing lots along Elliott Road can be described as large rural residential lots with considerable size and frontage for non-farm parcels located outside of settlement areas in the Municipality. Further, based on the sketch provided by the applicant, the proposed expansion to the existing accessory building would meet all other provisions in the Zoning By-law, notably the setbacks from the lot lines. As such, it is Arcadis’s opinion that the proposed location and massing of the expansion for an oversized accessory building will not have adverse impacts from a visual perspective. ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 5 Therefore, it is Arcadis’s opinion that the proposed Maximum Floor Area for the oversized accessory building on the subject property meets the general intent and purpose of the Zoning By-law and will not have adverse impacts to adjacent properties. 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 ‘Rural Residential (RR)’ Zone to a ‘Site-Specific Rural Residential (RR-52)’ Zone provided that the owners remove the existing shipping container from the subject property. As such, the requested Zoning By-law would only allow for the expansion of the existing accessory building and would continue to prohibit shipping containers on residential zoned lots, as intended in the Zoning By-law. Therefore, the proposed Site-Specific Exception in the Notice of Passing and By-law is amended to reflect the proposed cumulative Maximum Floor Area of 248.0 m2 (2,669.5 ft2), whereas Section 7.11.3 of the Zoning By-law requires 95.0 m2 (1,022.6 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. Z782-2024 PAGET 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 ‘A1’ Map No. 2 by changing the zoning symbol on the lands from ‘Rural Residential (RR)’ Zone to a ‘Site-Specific Rural Residential (RR-52)’ Zone, which lands are outlined in heavy solid lines and marked “RR-52” on Schedule ‘A1’ Map No. 2 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 7.13 Exceptions – Rural Residential (RR) Zone by adding the following clauses: 7.13.52.1 Defined Area RR-52 as shown on Schedule ‘A1’ Map No. 2 to this By-law. 7.13.52.2 Maximum Floor Area for Accessory Buildings 128.0 m2 for any new building/structure erected after the date of passing of this By-law. 120.0 m2 for the existing building/structure erected prior to the date of passing of this By-law. 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 20TH DAY OF JUNE 2024. READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 20, 2024 REPORT: DS-47/24 FILE NO. C-07 / D13.WILLO Roll # 3401-000-006-14600 SUBJECT: Rezoning Application ZBA-16/24 Willow Hawk Farms Inc. o/a Belkerke Farms 56830 Talbot Line Draft Zoning By-law No. Z783-2024 BACKGROUND Appointed Agent Evan VanMoerkerke on behalf of Willow Hawk Farms Inc., owner of lands at 56830 Talbot Line, north side, and east of Elliott Road, has submitted a zoning amendment application to rezone the subject lands. The lands are designated as ‘”Agriculture” on Schedule ‘A1’ (Land Use) in the Municipality of Bayham Official Plan. The lands are zoned “Agricultural (A1-A) on Schedule ‘A’ Map No. 2 of the Municipality of Bayham Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-45)’ Zone to permit the following: • ‘Assembly Hall, Wedding Venue’ to permit weddings as an On-Farm Diversified Use secondary to the principal agricultural use as an additional permitted use, limited to a Maximum Floor Area of 617.0 m2 (6,641.3 ft2), which includes the orchard pavilion, bathroom facility and storage shed, and; • ‘Farm Produce Outlet’ in an existing permanent building/structure with a Maximum Floor Area of 76.0 m2 (818.1 ft2) as an additional permitted use, whereas the Zoning By-law requires that a Farm Produce Outlet to be in a temporary building/structure. The effect of this By-law is to allow for weddings as an On-Farm Diversified Use secondary to the principal agricultural use, which is currently not permitted in the Zoning By-law. Further, this By-law will be to recognize the existing Farm Produce Outlet for the sale of apples inside a portion of the existing barn where Farm Produce Outlets are not intended to be in permanent buildings. The public meeting was held on June 6, 2024 with two (2) signed in attendees and two (2) written public submissions. Staff Report DS-47/24 Willow Hawk Farms 2 DISCUSSION Two (2) items of public correspondence were received in regards to this matter. At the public meeting held June 6, 2024, one neighbour, Ms. R. Chues residing at 11857 Elliott Road, reiterated her written concerns regarding the noise from the subject lands from past events and potential noise from any future events now proposed to include wedding celebrations. The second piece of correspondence was received June 6, 2024 from neighbours residing at 11617 Elliott Road expressing support of the zoning amendment. The planners memorandum dated, June 12, 2024, is included with this report providing an analysis of the zoning amendment and the policies of the Provincial Policy Statement, County of Elgin Official Plan, Bayham Official Plan and Zoning By-law. With respect to noise concerns, the existing Noise By-law 2017-068 is the appropriate mechanism to ensure that a business operates within the confines of the By-law. Should Council approve the zoning amendment, the next step for the Owners would be to enter in to a site plan agreement for the development. Site plan approval addresses items such as outdoor lighting, buffering, access, parking and drainage. Staff concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Agricultural (A1-A) Zone to Site-specific Agricultural (A1-A-45) to permit the following additional uses to the property: • ‘Assembly Hall, Wedding Venue’ to permit weddings as an On-Farm Diversified Use secondary to the principal agricultural use as an additional permitted use, limited to a Maximum Floor Area of 617.0 m2 (6,641.3 ft2), which includes the orchard pavilion, bathroom facility and storage shed, and; • ‘Farm Produce Outlet’ in an existing permanent building/structure with a Maximum Floor Area of 76.0 m2 (818.1 ft2) as an additional permitted use, whereas the Zoning By- law requires that a Farm Produce Outlet to be in a temporary building/structure. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-16/24 Willow Hawk Farms Inc. o/a Belkerke Farms 2. Arcadis Memorandum dated June 12, 2024 3. Public Comments: a. Roselyne Chues dated May 29, 2024 b. Elvis Sequeira and Anusha Dsouza dated June 6, 2024 4. Agency Correspondence: a. Ministry of Transportation (MTO) dated May 29, 2024 5. Draft Zoning By-law No. Z783-2024 RECOMMENDATION THAT Report DS-46/24 regarding the Paget rezoning application ZBA-14/24 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Staff Report DS-47/24 Willow Hawk Farms 3 Communities Act, 2015, it be pointed out that at the public participation meeting held June 6, 2024 associated with this application, there were two signed in attendees making oral presentations and two 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 Part Lot 16 Concession 10, known municipally as 56830 Talbot Line, from Agricultural (A1-A) Zone to Site-specific Agricultural (A1-A-45) to permit the following additional uses on the subject property: • ‘Assembly Hall, Wedding Venue’ to permit weddings as an On-Farm Diversified Use secondary to the principal agricultural use as an additional permitted use, limited to a Maximum Floor Area of 617.0 m2 (6,641.3 ft2), which includes the orchard pavilion, bathroom facility and storage shed, and; • ‘Farm Produce Outlet’ in an existing permanent building/structure with a Maximum Floor Area of 76.0 m2 (818.1 ft2) as an additional permitted use, whereas the Zoning By-law requires that a Farm Produce Outlet to be in a temporary building/structure. AND THAT Zoning By-law No. Z783-2024 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 June 12th, 2024 From Christian Tsimenidis, BES Project No 3404 – 944 cc William Pol, MCIP, RPP Subject Evan VanMoerkerke - Application for Zoning By-law Amendment ZBA-16-24, 56830 Talbot Line Background 1. Arcadis has completed a review of the application for a Zoning By-law Amendment submitted by Evan VanMoerkerke on behalf of Willow Hawk Farms Inc., owner of the subject property identified as 56830 Talbot Line, north side, and east of Elliott Road. The applicant is requesting a Zoning By-law Amendment to rezone the subject property from ‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1- A-45)’ Zone to permit the following additional uses on the subject property:  ‘Assembly Hall, Wedding Venue’ to permit weddings as an On-Farm Diversified Use secondary to the principal agricultural use as an additional permitted use, limited to a Maximum Floor Area of 617.0 m2 (6,641.3 ft2), and;  ‘Farm Produce Outlet’ in a portion of an existing permanent building/structure with a Maximum Floor Area of 76.0 m2 (818.1 ft2) as an additional permitted use, whereas the Zoning By-law requires that a Farm Produce Outlet to be in a temporary building/structure. 2. The intent of this application is to allow for weddings as an On-Farm Diversified Use secondary to the principal agricultural use, which is currently not permitted in the Zoning By-law. Further, the intent is to recognize the existing Farm Produce Outlet for the sale of apples inside a portion of the existing barn where Farm Produce Outlets are not intended to be in permanent buildings. 3. It should be noted that in the Notice of Public Meeting that was circulated on May 18, 2024, it stated that the existing ‘Farm Produce Outlet’ is located within a permanent building/structure with a Maximum Floor Area of 372.0 m2 (4,004.17 ft2). Upon further review of the application and details provided by the applicant, the existing ‘Farm Produce Outlet’ is located only within a covered portion of the existing barn on the subject property, occupying a Maximum Floor Area of 76.0 m2 ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 2 (818.1 ft2). The correct Maximum Floor Area has been updated in this Memo, as well as the Notice of Passing and By-law. 4. The applicant also submitted a Site Plan Application at the same time as the Zoning By-law Amendment application and will be processed, should Council approve this current application. Site Plan Applications are required when establishing an On- Farm Diversified Use in order to mitigate the potential impacts of items such as, but not limited to, traffic, parking, emissions, noise, water and wastewater usage, relevant environmental approvals, landscaping, buffering, as well as size and scale. 5. The lands are designated ‘Agriculture’ in Schedule ‘A1’: Land Use in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Agricultural (A1-A)’ in Schedule ‘A’, Map No. 2 in Zoning By-law No. Z456-2003. Subject Property and Surrounding Area 6. The subject property has a lot area of approximately 41.0 hectares, estimated lot frontage of 510.0 metres (1,673.2 ft) along Talbot Line, and a lot depth of 1,000.0 m (3,280.8 ft). The subject property is an existing agricultural lot that currently harvests cash crop, as well as an apple orchard business known as “Belkerke Farm & Orchard”. The business currently sells apples seasonally and has a Bed and Breakfast operation. The intent of this Zoning By-law Amendment is to expand the existing business to allow for a wedding venue as an On-Farm Diversified Use secondary to the principal agricultural use. Further, the applicant is proposing to expand into additional ‘On-Farm Diversified Use’ and ‘Agri-tourism Establishment’ uses on the subject property, including apple picking and seasonal festivities pertaining to the orchard. 7. The subject property consists of an existing single-detached dwelling, three (3) barns, one (1) shed, an orchard pavilion, and a bathroom facility. A 36.0 m2 storage shed is being proposed. The existing orchard pavilion and bathroom facility, and the proposed storage shed will be utilized for the wedding venue On-Farm Diversified Use. Further, a covered portion of the existing barn is utilized for the existing unauthorized ‘Farm Produce Outlet’, specifically, 76.0 m2 for apple sales from September to November. The applicant is seeking to recognize this existing use and permit this use within the permanent building/structure. A gravel parking area exists in the centre of the building cluster for the existing and proposed use. A turn-around circle is provided and lead towards the orchard pavilion. 8. There are two (2) existing accesses from Talbot Line that are currently used to access the subject property. Given this is a Provincial Highway, the Ontario Ministry of Transportation (MTO) was circulated on this application and provided comments. MTO Staff have requested that the proposed Site Plan should be to show the easterly access (Talbot Line) to remain open to the dwelling and the westerly ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 3 access (Talbot Line) to be closed. These updates to the Site Plan are to be addressed at the Site Plan Application stage, should Council approve the Zoning By-law Amendment. The applicant has proposed an alternative access to the subject property for the business along Elliott Road to the west. Bayham Staff had reviewed the proposed access during a site visit, and it is Arcadis’s understanding that there are no concerns from Bayham Staff with respect to the proposed new access. 9. The subject property is currently serviced by private well and septic services and will continue to be privately serviced for the proposed uses. Details pertaining to servicing will be addressed at the Site Plan Application Stage. 10. The subject property is predominantly surrounded by agricultural lots to the north, east and south. To the immediate west exists rural residential lots along Elliott Road, as well as smaller agricultural operations. The minimum distance/setback between the nearest facility/building for the proposed venue and Elliott Road is approximately 213.0 metres, thus providing a considerable separation distance from the rural residential lots and the proposed use. Public Comments 11. A statutory Public Meeting was held on June 6, 2024. Two (2) residents within proximity of the subject property provided comments with respect to the proposed application, one of which attended the public meeting in-person. 12. The first resident lives to the west of the subject property along Elliott Road and attended the public meeting to express their concerns with respect to the proposed use for a wedding venue as an On-Farm Diversified Use. This resident also prepared a letter addressed to Municipal Staff outlining the same concerns discussed at the public meeting. As per the letter dated May 29, 2024, the following concerns and comments can be summarized as follows:  On several occasions, this resident has dealt with noise issues from the existing business and/or activities conducted by the owner on the subject property and is concerned that a wedding venue as an On-Farm Diversified Use will increase the frequency of noise related issues.  Wants reassurance that the existing business and proposed additional use will follow “noise protocols” and that the owners understand they are accountable for any noise pollution produced, as well as the behaviour of those using the proposed venue. 13. Comment: With respect to noise concerns from the proposed wedding venue as an On-Farm Diversified Use, the existing Noise By-law 2017-068 in the Municipality of Bayham would be the appropriate mechanism to ensure that the business ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 4 operates within the parameters of the By-law. Should the business and/or proposed use not meet the regulations of the Noise By-law and is reported by neighbouring residents expressing their concern, it will be addressed by the By-law Officer(s) accordingly. Further, it should be noted that the proposed use for a wedding venue as an On-Farm Diversified Use would be seasonal and not occur year-round, given that the facilities are intended for outdoor weddings. In addition, the minimum distance/setback between the nearest facility/building for the proposed venue and Elliott Road is approximately 213.0 metres. Further, through the subsequent Site Plan Application process, additional fencing along the driveway and orchard area may be requested from Arcadis and Bayham Staff for safety purposes and to ensure the proposed use is limited in area and secondary to the primary agricultural operation. 14. The second resident who also lives to the west of the subject property along Elliott Road submitted an email on June 6, 2024, expressing their support for the proposed application and did not note any issues/concerns with the proposal. Provincial Policy Statement ‘Assembly Hall’ for On-Farm Diversified Use 15. The Provincial Policy Statement (PPS) defines on-farm diversified uses as, “uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agritourism uses, and uses that produce value-added agricultural products.” Section 2.3.3.1 of the PPS outlines permitted uses in prime agricultural areas and includes on-farm diversified uses where the proposed on-farm diversified uses are compatible with, and do not hinder surrounding agricultural operations. The criteria regarding compatibility for these uses are to be set out in the municipal planning documents, as well as Provincial Guidelines (such as Publication 851 pertaining to the “Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas”) 16. Comment: It is Arcadis’s opinion that the proposed wedding venue meets the definition of the on-farm diversified use and can be considered an agritourism use/venture that is secondary to the principal agricultural use. It is Arcadis’s opinion that the proposed use is compatible with the surrounding area and is limited in size and scale in order to minimize adverse impacts to the immediate area. The proposed use will be located outside of the agricultural portion of the subject lands and will not have adverse impacts to the existing agricultural operations in the immediate area. As noted above, Publication 851 provides additional direction with respect to permitted uses in the prime agricultural areas, and it is namely up to the Municipality’s discretion to determine uses considered permitted as ‘On-Farm ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 5 Diversified Uses’. It is Arcadis’s opinion that the proposed use will maintain a secondary nature relative to the primary agricultural use and will provide visitors an opportunity for an immersive experience on the orchard that is consistent with the PPS. ‘Farm Produce Outlet’ in Permanent Building 17. The PPS defines Agriculture‐related uses as, “those farm-related commercial and farm‐related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity.” Section 1.1.5 of the PPS lists agriculture-related uses as a permitted use on rural lands. Furthermore, Section 2.3.3.1 of the PPS outlines permitted uses in prime agricultural areas and includes agricultural‐related uses where the proposed agriculture‐related uses are compatible with, and do not hinder surrounding agricultural operations. 18. Comment: As per the applicant, the existing ‘Farm Produce Outlet’ sells apples seasonally from the locally grown apples on the orchard. It is Arcadis’s opinion that the proposed use is compatible with surrounding agricultural uses by providing a local outlet to sell their agricultural products to the travelling public. The sale of this good is small in scale and would further promote the agricultural products grown locally. Therefore, it is Arcadis’s opinion that the ‘Farm Produce Outlet’ in a portion of an existing permanent building is consistent to the PPS. County of Elgin Official Plan 19. The County of Elgin Official Plan provides direction with respect to permitted uses in the ‘Agricultural Area’ designation. The proposed use to allow a wedding venue that is secondary to the principal agricultural use on the subject property would be considered under the Section C2.7 of the Elgin County Official Plan for ‘Secondary Uses’ in the ‘Agricultural Area’ designation. More specifically, Section C2.7.1 of the Elgin County Official Plan states that, “A secondary use is any land use that is secondary to the principle use on a property. If the principle use is agriculture, then the secondary use must be accessory to and subordinate to the agricultural use…” This Section also provides a list of criteria for local municipalities to consider when determining whether a use is a secondary use and that local municipalities are encouraged to include secondary uses in their Official Plans and Zoning By-laws: a) the amount of land devoted to the secondary use in comparison to the amount of land devoted to the principle use; Comment: The amount of land devoted to the proposed use for a wedding venue secondary to the principal agricultural operation represents a total lot ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 6 coverage percentage of 0.3% coverage. More specifically, the proposed use is limited in size to the 616.3 m2 (6,633.8 ft2) of floor area for the buildings/structures, which includes the orchard pavilion, bathroom facility, and proposed shed for storage. The gravel parking area is already existing and can provide a total of 40 parking spaces (594.0 m2), which accommodates the required 15 parking spaces for this use. As such, it is Arcadis’s opinion that the proposed land area demonstrates the proposed use is secondary in nature. b) the size of the building housing the secondary use in relation to the sizes of building(s) accommodating the principle use; Comment: As mentioned above, the proposed use is limited in size to the 616.3 m2 (6,633.8 ft2) of floor area for the buildings/structures, which includes the orchard pavilion, bathroom facility, and proposed shed for storage. This is smaller in size comparted to the existing three (3) barns, shed, and single- detached dwelling associated with the principal agricultural use. c) the nature of the secondary use itself and whether the use is operated by the owner of the property; Comment: The proposed wedding venue will provide visitors an opportunity to experience the outdoor orchard and agricultural appeal and will be operated by the owners of the subject property. d) the number of people employed by the secondary use in relation to the number of people employed by the principle use; Comment: It is Arcadis’s understanding that the proposed wedding venue would be coordinated and operated by the current owners / family on the subject property and is secondary to the effort and employee count required to maintain the existing orchard and cash crop operation on-site. e) the extent to which retail sales occur as a component of the secondary use; and, Comment: There is no retail sales component for the proposed wedding venue as an additional use, however, the permanent ‘Farm Produce Outlet’ would have a retail component that is limited in scale and seasonal from September to November. This will allow the owners to sell product grown on the subject property. f) the amount of traffic generated by the secondary use in relation to the principle use on the property. Comment: It is Arcadis’s opinion that given the size and scale of the proposed use for 616.3 m2 (6,633.8 ft2) of floor area for the buildings/structures (including ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 7 the orchard pavilion, bathroom facility, and proposed shed), it is not anticipated that the proposed use will have adverse impacts from traffic generated. The proposed use will be seasonal, thus limiting the overall impact throughout the year. Therefore, it is Arcadis’s opinion that the proposed use conforms with the Elgin County Official Plan. Municipality of Bayham Official Plan 20. The Bayham Official Plan designates the subject property as ‘Agriculture’ in Schedule ‘A1’: Land Use in the Municipality of Bayham Official Plan. ‘Assembly Hall’ for On-Farm Diversified Use 21. Section 2.1.1.2 of the Bayham Official Plan pertains to land uses in the ‘Agricultural’ designation and indicates that agricultural-related uses and secondary uses are permitted in this designation provided they are compatible with agricultural uses and do not contribute to land use conflict. These uses may include surplus farm dwellings on separate lots, agricultural home occupations, and farm-related industrial and commercial uses. 22. Comment: It is Arcadis’s opinion that the proposed wedding venue as an On-Farm Diversified Use is interpreted and considered a ‘secondary use’ in the ‘Agriculture’ land use designation. The principal agricultural use, being an orchard and cash crop farming operation, will remain as it exists today and the proposed wedding venue would be secondary to this primary use. The proposed use can also be considered secondary in nature, as it will be seasonal. Further, it is Arcadis’s opinion that the proposed use will not contribute to land use conflicts based on the size and scale of the proposal. The proposal will not conflict with the existing agricultural operations on the subject property, as proposed use will be located beyond the cultivated lands and will utilize the existing buildings/structures. 23. Section 2.1.5 of the Bayham Official Plan provide policy direction with respect to ‘On-Farm Diversified Uses’ in the ‘Agriculture’ land use designation. As per Section 2.1.5.1 of the Bayham Official Plan, on-farm diversified uses are supported through the establishment of agritourism, farm related home occupations, farm related home industries and uses that produce value added agricultural products. This Section also provides criteria with respect to the establishment and use of on-farm diversified operations as follows: a) Small-scale agri-tourism uses will be permitted as-of-right on farm properties. Permitted uses will be established in the Zoning By-law. Comment: ‘On-Farm Diversified Use’ and ‘Agri-Tourism Use’ are listed as a permitted uses in the A1-A Zone, however, a wedding venue that is secondary ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 8 or ancillary to the primary agricultural use is not explicitly listed in the definition. Based on this, it was recommended that a Site-Specific Zoning By-law Amendment be submitted by the applicant in order to include the proposed use as a permitted use and specifically define it through the Site-Specific Exception to the By-law. b) Large-scale, intensive agri-tourism uses may be permitted subject to a Zoning By-law amendment. Scale of the use will be determined by issues such as building area, size, and non-agricultural components of the use. Any non- agricultural components must adequately demonstrate how they contribute to the viability of the farm operation and will not contribute to land use conflicts with surrounding agricultural uses. Such uses will also be subject to site plan control. Comment: While it is Arcadis’s opinion that this proposed use is not considered ‘large-scale’, a Site-Specific Zoning By-law Amendment Application was required in order to include the proposed use as a permitted use and specifically define it through the Site-Specific Exception to the By-law. It was Arcadis’s opinion that a Minor Variance Application was not appropriate, nor could meet the four (4) tests. It is Arcadis’s opinion that the proposed scale of the use is appropriate and will not have adverse impacts to the surrounding agricultural uses from a land use conflict perspective. The amount of land devoted to the proposed use represents a total lot coverage percentage of 0.3% coverage. More specifically, the proposed use is limited in size to the 616.3 m2 (6,633.8 ft2) of floor area for the buildings/structures, which includes the orchard pavilion, bathroom facility, and proposed shed for storage. The gravel parking area is already existing and can provide a total of 40 parking spaces (594.0 m2), which accommodates the required 15 parking spaces for this use. The proposed use will require a Site Plan Application, should Council approve this Zoning By-law Amendment Application. c) Agri-tourism uses shall be designed in a manner which does not detract from the agricultural character of the surrounding area in which it is located. In order to achieve design integration, site plan control measures may be used which relate to issues such as signage, buffering, parking, and building location. Comment: It is Arcadis’s opinion that the proposed use will not detract from the primary agricultural use and surrounding area based on the location, as well as size and scale of the use. The proposed development is located beyond the cultivated lands and is generally within the existing cluster of farm buildings but is sufficiently separated. During the Site Plan Application stage, signage and fencing will be required in order to better define the use for visitors. ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 9 d) Agri-tourism operations will not be permitted to be severed as the intent of such uses is to remain as a secondary, integral part of the primary farm operation. Comment: The proposed use will not be severed and will remain as a secondary, integral part of the primary farm operation. e) The proposed potable water supply system and method of sanitary sewage treatment and disposal, solid waste disposal, taking of water and any emissions to the environment shall meet the requirements of and be approved by the Ministry of the Environment Conservation and Parks and/or the appropriate approval authority. Comment: It is Arcadis’s understanding the existing bathroom facility went through the appropriate Building Permit approvals process. Further details pertaining to water and wastewater services will be addressed at the Site Plan Application stage. f) Small scale overnight guest accommodation such as, farm vacation home, bed and breakfast or other temporary shelters to a maximum of six rooms may be permitted as temporary accommodation of guests to permitted on-farm diversified uses. Comment: The subject property currently accommodates a Bed and Breakfast operation in accordance with the Zoning By-law provisions. Therefore, it is Arcadis’s opinion that the proposed wedding venue as an On-Farm Diversified Use secondary to the principal agricultural operations conforms with the Bayham Official Plan. ‘Farm Produce Outlet’ in Permanent Building 24. Section 2.1.1.2 of the Bayham Official Plan pertains to land uses in the ‘Agricultural’ designation and indicates that agricultural-related uses and secondary uses are permitted in this designation provided they are compatible with agricultural uses and do not contribute to land use conflict. This includes farm-related commercial uses. 25. Comment: It is Arcadis’s opinion that the approval for a permanent ‘Farm Produce Outlet’ would not cause adverse impacts from a land use compatibility perspective, as the sale of apples remains small in scale compared to the primary agricultural use of the lands. The proposed sale of this good would only occur seasonally between September to November and would not be a year-round use on the subject property. This proposed use in a permanent building, though seasonal, would also provide nearby residents and visitors access to healthy food. Further, the roadway access is adequate being on a local road with close access to the Provincial ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 10 Highway (Talbot Line) with adequate separation from the proposed driveway and intersection, Therefore, it is Arcadis’s opinion that the proposed use for a ‘Farm Produce Outlet’ in a portion of an existing permanent building conforms with the Bayham Official Plan. Municipality of Bayham Zoning By-law 26. The subject property is currently zoned ‘Agricultural (A1-A)’ in Schedule ‘A’, Map No. 2 in Zoning By-law No. Z456-2003. ‘Assembly Hall’ for On-Farm Diversified Use 27. ‘On-Farm Diversified Use’ is listed as a permitted use in the A1-A Zone, however, a wedding venue that is secondary or ancillary to the primary agricultural use is not explicitly listed in the definition. Notwithstanding this, the definition states, “On-farm diversified uses include, but are not limited to…,” which means additional uses that are not explicitly listed but are in keeping with the general intent and purpose of the ‘On-Farm Diversified Use’ definition may be considered by the Municipality. Comment: It is Arcadis’s opinion that the proposed ‘Assembly Hall’ to permit wedding venues secondary to the principal agricultural use meets the general intent and purpose of the Zoning By-law and definition of ‘On-Farm Diversified Use’. The proposed use will be outdoors and seasonal, thus limiting and/or minimizing impact to the primary agricultural operation and surrounding uses in the immediate area compared to an indoor facility and year-round use. Further, the proposed use is limited in size to the 616.3 m2 (6,633.8 ft2) of floor area for the buildings/structures, which includes the orchard pavilion, bathroom facility, and proposed shed for storage. The gravel parking area is already existing and can provide a total of 40 parking spaces (594.0 m2), which accommodates the required 15 parking spaces for this use. When accounting for the floor area of the buildings/structures, as well as the parking area for the proposed use, this represents a total lot coverage percentage of 0.3% coverage. Further, to ensure the scale is appropriately limited, as part of the By-law for Council’s consideration, the proposed ‘Assembly Hall’ will be limited to a Maximum Floor Area of 617.0 m2. This will account for the orchard pavilion, bathroom facility, and proposed storage shed. All other provisions of the Zoning By-law will be met. It is Arcadis’s opinion, given the limited scale and seasonal nature of this use, that the proposed use will not have significant or adverse impacts to the principal use on the subject property and surrounding area. ‘Farm Produce Outlet’ in Permanent Building ARCADIS MEMORANDUM Municipality of Bayham – June 12th, 2024 11 28. ‘Farm Produce Outlet’ is a listed permitted use in the A1-A Zone and is defined as, “a use, which is permitted on a seasonal basis, and is accessory to a permitted farm, which consists of the retail sale of agricultural products produced in the area which such outlet is located, and which does not include any permanent buildings or structures.” The proposed use does not meet the definition as it is located in a portion of a permanent building. The existing buildings and structures are in conformity to the A1-A Zone regulations. 29. Comment: It is Arcadis’s opinion that the proposed ‘Farm Produce Outlet’ in a portion of the permanent building on the subject property meets the general intent and purpose of the Zoning By-law and conforms to the Official Plan policies. The proposed use will still be seasonal from September to November and will not be used year-round by the owners. Further, the use is limited to a Maximum Floor Area of 76.0 m2 within a covered portion of an existing barn, thus limiting the size and scale. All other provisions of the Zoning By-law will be met. Conclusion and Recommendations 30. Based on our review, Arcadis has no objection to the requested Zoning By-law Amendment Application to rezone the subject property from ‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-45)’ Zone to permit the following additional uses on the subject property:  ‘Assembly Hall, Wedding Venue’ to permit weddings as an On-Farm Diversified Use secondary to the principal agricultural use as an additional permitted use, limited to a Maximum Floor Area of 617.0 m2 (6,641.3 ft2), and;  ‘Farm Produce Outlet’ in a portion of an existing permanent building/structure with a Maximum Floor Area of 76.0 m2 (818.1 ft2) as an additional permitted use, whereas the Zoning By-law requires that a Farm Produce Outlet to be in a temporary building/structure. 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. Z783-2024 WILLOW HAWK FARMS 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 ‘A1’ Map No. 2 by changing the zoning symbol on the lands from ‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-45)’ Zone, which lands are outlined in heavy solid lines and marked “A1-A-45” on Schedule ‘A1’ Map No. 2 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses: 5.12.45.1 Defined Area A1-A-45 as shown on Schedule ‘A1’ Map No. 2 to this By-law. 5.12.45.2 Definition Assembly Hall, Wedding Venue, shall mean buildings and/or structures that are used for the social gathering of persons for weddings and receptions and may include the consumption of food and beverages. 5.12.45.3 Additional Permitted Uses An Assembly Hall, Wedding Venue as a site-specific On-Farm Diversified Use that is secondary to the principal agricultural use with a Maximum Floor Area of 617.0 m2, which includes the orchard pavilion, bathroom facility and storage shed, in addition to all other permitted uses in the A1- A Zone. A Farm Produce Outlet in a portion of an existing permanent building with a Maximum Floor Area of 76.0 m2, in addition to all other permitted uses in the A1-A Zone. 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 20TH DAY OF JUNE 2024. READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 20, 2024 REPORT: DS-48/24 FILE NO. C-07 / D09.24FRIE Roll # 3401-000-004-27300 SUBJECT: Consent Application E46-24 Friesen, P & A 55837 Fifth Street, Straffordville BACKGROUND Consent application E46-24 was received from the Elgin County Land Division Committee, as submitted by Peter and Aganetha Friesen, proposing to sever lands from subject lands located at 55837 Fifth Street, in the village of Straffordville. The land is designated as “Residential” on Schedule ‘B’ Straffordville of the Municipality Official Plan and zoned Village Residential 1 (R1) on Schedule ‘F’ of Zoning By-law No. Z456-2003. The application proposes to sever and create a new lot with frontage of 16.18 metres (53.1 feet) and lot depth of 40.83 metres (133.9 feet), while the retained lands accommodate an existing one-storey single- detached dwelling. Elgin County Land Division Committee will consider the application on July 24, 2024. DISCUSSION The planner’s memorandum attached, dated June 12, 2024, analyzes the applications subject to the Municipality of Bayham Official Plan and Zoning By-law. The standard conditions would include: engineered storm water management with drainage/grading plan, civic numbering signage for the severed lot, survey, cash in lieu payment for the creation of a lot, and the planning report fee. Other conditions apply regarding a minor variance approval for the reduced lot frontage, street access for the new lot, drain deposit for reassessment, installation of a municipal sanitary sewer connection and private well. Staff and municipal planner recommend the support of the consent application for the creation of one (1) Staff Report DS-48/24 Friesen 2 residential lot fronting on Fifth Street in the village of Straffordville with the recommended conditions. STRATEGIC PLAN Not Applicable. ATTACHMENTS 1. Consent Application E46-24 Friesen 2. Arcadis Memorandum, dated June 12, 2024 3. Aerial Map – 55837 Fifth Street RECOMMENDATION THAT Report DS-48/24 regarding the Consent Application E46-24 Friesen be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E46-24 be granted subject to the following conditions and considerations: 1. That the Owner obtains approval of a minor Variance application for the proposed severed lot to permit a reduced Minimum Lot Frontage of 16.0 metres. 2. That the Owner obtains a permit from the Municipality of Bayham and install a municipal sanitary service connection to the proposed severed lot at the Owner’s expense. 3. That the Owner installs a private well on the proposed severed parcel and provides the Municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety at the Owner’s expense. 4. That the Owner obtains approval from the Municipality of Bayham for a road entrance permit (Fifth Street) for a new access to the proposed severed lot. 5. That the Owner provides an engineered grading, drainage, and storm water management plan for the severed parcel to demonstrate that the severed lands will drain properly to a legal outlet with no negative impacts on the neighbouring lands or the road, all to the satisfaction of the Municipality of Bayham. 6. That the Owner pay Cash-in-lieu of Parkland fees for one created parcel as required in Municipal By-law No. 2020-053. 7. That the Owner provides a digital copy of a survey of the subject lands. 8. That the Owner applies and pays all fees to the Municipality with respect to Civic Addressing/signage for the severed parcel. 9. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon consent conditional approval. 10. That the applicant initiate and assume all engineering costs associated with the preparation of a revised assessment schedule for the Fifth Street 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. 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 June 12, 2024 From Christian Tsimenidis, BES Project No 3404 – 949 cc William Pol, MCIP, RPP Subject Peter & Aganetha Friesen - 55837 Fifth Street, Straffordville - Application for Consent E46-24 Background and Summary 1. We have completed our review of Consent Application E46-24 submitted by David Roe (Civic Planning Solutions Inc.) on behalf of the property owners Peter and Aganetha Friesen, for the property identified as 55837 Fifth Street, east of Plank Road in the Village of Straffordville. The applicant is requesting Consent to sever an approximate land area of 931.0 square metres (0.23 acres) and to retain 1,214.0 square metres (0.12 hectares) of land. The intent is to create one (1) new residential lot. 2. The proposed severed lot has a lot frontage of 16.18 metres (53.1 feet) and lot depth of 40.83 metres (133.9 feet). The proposed severed lot is currently vacant and is intended to be developed for a residential dwelling in the future. The proposed retained lot has an estimated lot frontage of 30.1 metres (98.75 feet) and lot depth of roughly 40.83 metres (133.96 feet) to accommodate the existing one-storey single- detached dwelling, as per the applicant’s Severance Sketch. Subject Property and Surrounding Area 3. The subject property is currently serviced by private well and municipal sanitary services, given that the subject property is located within the Village of Straffordville. The proposed retained lot would continue to utilize the existing private well and municipal sewer service connection located on the retained lot. The proposed severed lot will require the installation of a new private well and municipal sanitary connection in order to service the future dwelling. As a Condition of Approval, noted further in this Memo, the applicant would be required to obtain a permit to authorize the installation and construction of a new private well and municipal sanitary connection. 4. The existing driveway access along Fifth Street is proposed for the retained lot and would remain unaltered. As a Condition of Approval, the applicant/owner would be ARCADIS MEMORANDUM Municipality of Bayham – June 12, 2024 2 required to obtain approval from the Municipality of Bayham for a road entrance permit to create a new access to the proposed severed lot. 5. The subject property is designated as a ‘Residential’ land use as per Schedule ‘B’ of the Municipality of Bayham Official Plan and is zoned Village Residential 1 (R1) on Schedule ‘F’ of Zoning By-law Z456-2003. 6. The subject property is immediately surrounded by low-rise residential uses in all directions, being located within the Village of Straffordville. The subject property is also within proximity of existing commercial, retail and institutional uses within the settlement area boundary. Further east and outside of the settlement boundary is existing agricultural lands. Municipality of Bayham Official Plan 7. Section 4.2.2.1 of the Municipality of Bayham Official Plan provides direction with respect to ‘General Policies Applicable to all Settlement Areas’, specifically residential uses. As such, this policy of the Official Plan encourages new residential development within existing settlement areas, like the Village of Straffordville, by filling in the vacant areas and locating new residential development adjacent to existing built-up areas in a compact and contiguous fashion. Further, Section 4.2.4 of the Official Plan provides further direction with respect to the ‘Intensification and Redevelopment’ within settlement area boundaries on vacant or underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. Comment: It is Arcadis’s opinion that the creation of one (1) new residential lot within the existing Village of Straffordville makes efficient use of underutilized lands and existing municipal sewer services and is in conformity with the Official Plan general residential policies. 8. Section 4.5.1.1 of the Official Plan provides general policy direction with respect to “Villages” in the Municipality of Bayham, such as the Village of Straffordville. As such, for public health and safety purposes, all proposed development within the Village of Straffordville shall require proof of potable water by the Municipality, and will be restricted to infilling until such time as municipal water becomes available. Comment: The applicant provided documentation with respect to the existing wells on-site, one (1) on the proposed retained lot. As previously mentioned, the proposed severed lot will require the installation of a new private well in order to service the future dwelling. As a condition of Approval, the applicant would be required to obtain a permit to authorize the installation and construction of a new private well, demonstrating proof of potable water. The existing well on the proposed retained lot provides potable water, as per the information provided by the applicant and is therefore in conformity with the above noted Official Plan policy. ARCADIS MEMORANDUM Municipality of Bayham – June 12, 2024 3 9. Section 4.5.2 of the Official Plan, pertaining to the ‘Residential’ land use designation in Villages, states that the primary use of land in settlement areas is intended for single-detached dwellings or other low-density types of dwellings. Further, Section 4.5.2.1 indicates that proposals for new dwelling lots should target a gross density of 20 units per hectare (uph) and shall be serviced with municipal sewer and water. Comment: The proposed severed and retained lots are intended to support single- detached dwellings, which are permitted and encouraged within the ‘Residential’ land use designation. It is Arcadis’s opinion that the proposed density and lot sizes will make efficient use of underutilized lands in the existing settlement area boundary, as well as the existing municipal sewer services. The Village of Straffordville currently does not have municipal water services, therefore, the applicant is providing private wells, one (1) for each lot. Therefore, it is Arcadis’s opinion that the proposed severance is in conformity with Section 4.5.2.1 of the Official Plan. 10. Section 4.5.2.8 of the Official Plan provides the following criteria regarding proposals for new single unit and two unit dwellings in the ‘Residential’ land use designation: a) Lot frontage, depth and size: The lot frontage, lot depth, and lot size of any lots proposed to be used or created for residential purposes shall be appropriate to the development being proposed and consistent, wherever desirable and feasible, to adjacent and surrounding lots. In no case shall lots be created or dwelling units constructed which do not conform to the provisions of the Zoning By-law unless the By-law is otherwise amended or a variance granted. Comment: The proposed lot frontage, depth, and size of the proposed retained lot is consistent with the surrounding residential lots along Fifth Street and Plank Road. The proposed depth and size of the proposed severed lot would maintain consistency with adjacent and surrounding residential lots, with the exception of a lot frontage deficiency. As a Condition of Approval, the applicant/owner would be required to obtain a Minor Variance to permit a lot frontage of 16.0 metres. It is Arcadis’s opinion that the reduce lot frontage is minor in nature, appropriate for the use and development of the site, and meets the general intent and purpose of the Official Plan and Zoning By-law. Apart from the lot frontage for the proposed severed lot, the proposed lots would conform to the provisions outlined in the Municipality of Bayham Zoning By-law. b) Natural Features: Natural site features including vegetation, tree cover, and topography shall be protected, enhanced, and incorporated into the design of the proposed development to the greatest extent possible. Comment: There are no sensitive natural features identified on the subject property, as per the Official Plan Schedules. ARCADIS MEMORANDUM Municipality of Bayham – June 12, 2024 4 c) Design: Innovative housing design and site layout including energy-saving measures will be encouraged. To achieve energy savings, particular regard shall be had to building form and size, density, lot and building orientation, and on-site landscaping. Comment: The applicant intends to sever the subject property and utilize the existing single-detached dwelling on the proposed retained lot. In the future, regard for design measures shall be addressed for the proposed dwelling on the severed lot at the Building Permit Application stage. d) Open space: Open space including parkland shall be provided in accordance with the policies of Section 4.5.8. Comment: Parkland dedication in accordance with the municipal Parkland By- law will be required as a Condition of Approval for the creation of a new residential lot. e) Adjacent and surrounding land use: The proposed development shall be compatible with existing (or proposed) neighbouring land uses. Where necessary or desirable, the proposed development shall be adequately screened from adjacent land uses by the provision of landscaping and/or buffering. Comment: The existing single-detached dwelling on the proposed retained lot is consistent in built-form and use with the adjacent low-rise residential uses along Fifth Street and Plank Road. It is Arcadis’s opinion that a future dwelling on the severed lot would be compatible with the adjacent surrounding land uses, all being low-rise residential uses. f) Facilities and services: Existing or proposed municipal services (including potable water supply, sanitary sewage treatment and disposal, solid waste disposal, storm and surface drainage, roads, sidewalks, and street lighting) shall be adequate to serve the proposed development. If these services or facilities are deemed inadequate, the Municipality may require that an agreement be entered into with the developer as to the design and cost apportionment of any public works required to bring these services or facilities up to the appropriate standard. Comment: As mentioned in Paragraph 4 of this Memo, the proposed retained lot would continue to utilize the existing municipal sewer service connection located. The proposed severed lot will require the installation of a new private well and municipal sanitary connection in order to service the future dwelling. As a Condition of Approval, noted further in this Memo, the applicant would be required to obtain a permit to authorize the installation and construction of a new private well and municipal sanitary connection from the road to the severed lot. ARCADIS MEMORANDUM Municipality of Bayham – June 12, 2024 5 g) Storm drainage: Adequate provision for stormwater management/drainage and surface runoff subject to the requirements of the Municipality, and the statutory approval authority having jurisdiction, shall be provided. Where in the opinion of the Municipality it is deemed necessary or desirable, the Municipality may require the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. Comment: The applicant/owner is responsible for adequate provision of stormwater management/drainage and surface runoff subject to the requirements of the Municipality, including the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. This is noted as a Condition of Approval. h) Vehicular access: Vehicular access shall be available or made available from a public highway or public street of reasonable construction and maintenance to permit year round access and shall be subject to the approval of the authority(ies) having jurisdiction. In no case shall access be permitted where traffic hazards could result due to poor sight lines or proximity to a traffic intersection. In new residential subdivisions, the use of a curvilinear street pattern, cul-de-sacs, and other similar design features to minimize through traffic movements shall be encouraged. Comment: It is Arcadis’s opinion that the existing access off Fifth Street would not have adverse impact to traffic safety. As mentioned in Paragraph 3 of this Memo, the applicant/owner would be required to obtain an access permit from the Municipality of Bayham to create a new independent access along Fifth Street for the proposed severed lot, as a Condition of Approval. i) The Planning Act: In the case of a residential subdivision, all matters contained within Section 50 and 51 of the Planning Act as amended or revised from time to time shall be complied with. Comment: The applicant is not proposing a residential subdivision. Based on the above, the proposed Consent Application is in conformity with the criteria listed in Section 4.5.2.8 of the Official Plan. Municipality of Bayham Zoning By-law 11. The subject property is located within the Village Residential (R1) Zone as per Schedule ‘F’ of the Municipality of Bayham Zoning By-law Z456-2003. As per Section 10.1 of the Zoning By-law, the existing single-detached dwelling on the proposed retained lot is considered a permitted use and meets the provisions of the Zoning By-law. The intended use and development of a future single-detached dwelling on the proposed severed lot would also be considered a permitted use. ARCADIS MEMORANDUM Municipality of Bayham – June 12, 2024 6 12. Both the proposed severed and retained lots would meet the required minimum lot area of 900 m2 (where sewer services are available). The proposed retained lot would meet the required minimum lot frontage of 20.0 metres (for partially serviced lots). The proposed severed lot would not meet the minimum lot frontage of 20.0 metre, as the applicant is proposing a 16.18 metre lot frontage. As a Condition of Approval, the applicant/owner would be required to obtain approval of a Minor Variance for a lot frontage deficiency. It is Arcadis’s opinion that the 4.0 metre deficiency would meet the four (4) tests of a Minor Variance, as the deficiency is considered minor in nature, appropriate for the use and development of the site, and meets the general intent and purpose of the Official Plan and Zoning By-law. Conclusion and Recommendations 13. Based on the above review of Consent Application E46-24, Arcadis has no objection to approval of the proposed consent for the creation of one (1) new residential lot subject to the following conditions: a) That the owner obtains approval of a Minor Variance Application for the proposed Severed Lot to permit a reduced Minimum Lot Frontage of 16.0 metres. b) That the owner obtains a permit from the Municipality of Bayham for the installation of a new municipal sanitary service connection to the proposed Severed Lot; c) That the owner obtains approval from the Municipality of Bayham for the installation of a new private well on the proposed Severed Lot providing the Municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety. d) That the owner obtains approval from the Municipality of Bayham for road entrance permit (Fifth Street) for a new access to the proposed Severed Lot; e) That the owner provides an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality of Bayham. f) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash- in-lieu of Parkland. g) That the owner provides a digital copy of a survey of the subject lands. h) That the owner applies and pay’s all fees to the Municipality with respect to Civic Addressing/signage for the severed lot. i) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. ARCADIS MEMORANDUM Municipality of Bayham – June 12, 2024 7 Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.060 1:2,204 55837 Fifth Street, Straffordville Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery REPORT DEVELOPMENT SERVICES TO: Mayor and Council Members FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 20, 2024 REPORT: DS-49/24 FILE NO. C-07 / D12.DANF Roll # 34-01-000-003-02300 SUBJECT: By-law No. 2024-040 Development Agreement Re Minor Variance A-08/24 Dan Froese Farms Inc. 55091, 55111, and 55121 Jackson Line, Straffordville BACKGROUND On June 6, 2024, the Committee of Adjustment considered Staff Report DS-42/24 and granted minor variance application A-08/24 from Dan Froese Farms Inc. for a variance to permit the deeming of an existing house barn as a supplementary farm dwelling to accommodate maximum one (1) seasonal temporary worker at their property known as 55091, 55111, and 55121 Jackson Line. The minor variance was granted with a condition that a Development Agreement to be executed within six (6) months of the minor variance approval. DISCUSSION The required Development Agreement includes the following requirements: the approved time period for occupancy is between March 1st and November 30th, the time period for decommissioning, building and site maintenance, potable drinking water supply, septic services, building permits, and inspection requirements. The approved supplementary farm dwelling is also subject to inspection by the Southwestern Public Health. The attached Agreement is presented for Council’s consideration. ATTACHMENT 1. Draft By-law No. 2024-040 Development Agreement Dan Froese Farms Inc. RECOMMENDATION THAT Report DS-49/24 regarding the Dan Froese Farms Inc. Development Agreement be received; AND THAT Council authorize the execution of a Development Agreement between The Corporation of the Municipality of Bayham and Dan Froese Farms Inc. to permit the conversion of an existing permanent house barn of 80.0 m2 (861.11 ft2) in gross floor Staff Report DS-49/24 Dan Froese Farms Inc. Page 2 area to a supplementary farm dwelling to accommodate one (1) seasonal farm labourer for the time period of March 1st to November 30th in accordance with Section 2.1.10.1 of the Bayham Official Plan; AND THAT By-law No. 2024-040 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. 2024-040 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN DAN FROESE FARMS INC. 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 Dan Froese Farms Inc. is the owner of lands in Concession 5 Part Lot 13 known municipally as 55091, 55111 and 55121 Jackson Line, in the Municipality of Bayham, County of Elgin; AND WHEREAS, on June 6, 2024, the Municipality of Bayham Committee of Adjustment granted Minor Variance Application A-08/24, including the condition that the owners execute a development agreement for the conversion of a one-storey permanent house barn to 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 Chief Administrative Officer be and are hereby authorized and directed to execute the Development Agreement with Dan Froese Farms Inc. fixed hereto and forming part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY OF JUNE 2024. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: June 20, 2024 REPORT: DS-50/24 FILE NO. C-07 / D12.Janzen/PBR Roll # 3401-004-001-18600 SUBJECT: Draft By-law No. 2024-041 Development Agreement – Janzen, J & S Draft By-law No. 2024-042 Development Agreement – PBR Excavating Ltd. BACKGROUND Johan and Sara Janzen’s Consent Application E84-22 was granted conditional approval on February 23, 2023 to create a new lot from 27 Union Street, Vienna. The Notice of Decision dated February 23, 2023 Condition No. 3 states: The applicant enter in to a Development Agreement with the Municipality for the development of Union Street to the Municipality of Bayham’s Design & Construction Standards to provide legal frontage and access to the severed lot. DISCUSSION The subject road allowance has been surveyed and is identified as Part 1 RP 11R11216. CJDL Engineering has provided the Union Street roadworks extension plan and servicing details and notes. Additionally, the contractor, PBR Excavating Ltd., has provided an estimate of the proposed road works and installation of municipal services. The construction timeline has a start date as soon as the Agreement is approved and registered and security filed with a construction timeline of approximately three (3) months. Staff recommend approval of the two (2) Agreements to move the construction project forward to satisfy the consent application condition. STRATEGIC PLAN Not applicable. Staff Report DS-50/24 Janzen 2 ATTACHMENTS 1. Draft By-law No. 2024-041 Development Agreement Janzen 2. Draft By-law No. 2024-042 Union Street Construction Agreement PBR Excavating Ltd. RECOMMENDATION 1. THAT Report DS-50/24 regarding the Janzen and PBR Excavating Ltd. Development Agreements for the Union Street extension be received; 2. AND THAT By-law No. 2024-041, being a by-law to authorize the execution of a Development Agreement between Johan and Sara Janzen and the Municipality of Bayham for Union Street road construction, be presented for enactment; And THAT By-law No. 2024-042, being a by-law to authorize the execution of a Union Street Extension Construction Agreement between PBR Excavating Ltd. and 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. 2024-041 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE MUNICIPALITY AND JOHAN AND SARA JANZEN FOR THE CONSTRUCTION OF A PORTION OF UNION STREET, VIENNA (PART OF ROAD ALLOWANCE BETWEEN PLAN 54 LOTS 2 AND 3 W/S UNION STREET AND PLAN 54 LOTS 3, 8 TO 11 E/S UNION STREET) WHEREAS the Owners of lands, Johan and Sara Janzen, described in Schedule ‘A’ attached hereto and forming part of this By-law, have applied to the Municipality for permission to reconstruct that part of the said Union Street road allowance shown as PART 1 on Plan 11R-11216, described in Schedule ‘A’ attached hereto and forming part of this By-law, at the Owners’ expense in order to provide frontage and access to the lands of the Owners, AND WHEREAS the Council of The Corporation of the Municipality of Bayham is in agreement with the project proceeding subject to the conditions as set out in the Development Agreement attached hereto as Schedule ‘A’ and forming part of this By-law; AND WHEREAS the said Owners are in agreement with the terms and conditions as set out in the aforementioned Agreement and Council now deems it necessary to execute same. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule ‘A’ and forming part of this By-law between the Corporation of the Municipality of Bayham and Johan and Sara Janzen setting out the terms and conditions for the construction of Union Street as described in the said Agreement is hereby approved. 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the said Agreement. 3. THAT this Agreement shall come into full force and effect upon the date of its enactment. 4. THAT this Agreement shall be registered on title to the subject lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE 2024. __________________________________ __________________________ MAYOR CLERK 1 Schedule ‘A’ By-law No. 2024-041 DEVELOPMENT AGREEMENT UNION STREET ROAD CONSTRUCTION DEVELOPMENT AGREEMENT made in duplicate this ____ day of _________ 2024. BETWEEN: JOHAN and SARA JANZEN (hereinafter referred to as the “Owners”) of the First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the “Municipality”) of the Second Part WHEREAS the Owners are the owners of lands described as Plan 54 Pt Lots 2, 3 W/S Union Street identified municipally as 27 Union Street (Owners’ Lands); AND WHEREAS the Owners have been granted Consent Application E84-22 on February 23, 2023 for the purpose of creating one residential building lot requiring minimum 15 metre frontage on an open and maintained road; AND WHEREAS a traveled road allowance known as Union Street is maintained by the Municipality from its intersection with Fulton Street at its northerly termination, southward to a terminus of the traveled portion at the Owners’ Lands; AND WHEREAS the road allowance between Plan 54 Lots 2 and 3, W/S Union Street and Plan 54 Lots 3, 8 to 11 E/S Union Street contains an unopened road allowance portion beyond the terminus of the currently traveled and maintained portion of Union Street; AND WHEREAS the Owner has applied to the Municipality for permission to reconstruct that part of the said road allowance shown as PART 1 on Plan 11R-11216, which will have the effect of extending the traveled, maintained and constructed portion of Union Street farther to the south, at the Owners’ expense in order to provide road frontage and access to the Owners’ Lands for the creation of a lot and construction of a residential dwelling; AND WHEREAS the Municipality desires to enter into this Development Agreement to ensure the orderly construction and potential opening of the said proposed extension of Union Street and the installation of required municipal services; 2 NOW THEREFORE in consideration of the premises, the payment of the sum of Two Dollars ($2.00) of lawful money of Canada together with other good and valuable consideration by the Owners to the Municipality, the receipt and sufficiency of which is hereby acknowledged, the Owners and the Municipality hereby covenant and agree as follows: 1. CONSTRUCTION OF ROAD (a) The Owners agree to construct, at its sole responsibility, cost and expense a road on that part of the Union Street road allowance fronting Plan 54 Part Lots 2 and 3 W/S Union Street, more particularly described as Registered Plan of Survey Part 1 on Plan 11R-11216 attached hereto as Schedule ‘B1’. (b) The construction of the road shall be in accordance with the drawings prepared by Cyril J. Demeyere Limited, Consulting Engineers, dated October 30, 2023 Rev No. 02, Project No. 23021 (the “Accepted Drawings”), including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached hereto as Schedules ‘C1’ and ‘C3’. (c) The construction of the road must be carried out in accordance with good engineering practice and in a good workmanlike manner. Without limiting the generality of the foregoing, the construction must meet with the satisfaction of the Manager of Public Works of the Municipality at the Manager’s sole and unfettered discretion. (d) The Owners must obtain, at their sole cost and expense, all permits, approvals, road occupancy signage and any other permission or thing that may be required by the Municipality or any other authority of competent jurisdiction including, but not limited to, any Ministry approvals required from the Province of Ontario or permits required by any Conservation Authority, if applicable. (e) The Owners agree to be responsible for and to pay all costs and expenses associated with the construction of the said road and all matters related to the construction. Without limiting the generality of the foregoing, such costs and expenses include, but are not limited to, all design and consulting costs, including input, advice and any additional work that the said Manager of Public Works may, in his sole discretion, require from Spriet Associates London Limited. (f) The Owners hereby agree and acknowledge that no construction may proceed until all certificates of insurance and securities required by this Agreement have been provided to the Municipality and until all necessary permits and approvals have been obtained. 3 2. SANITARY SERVICES INSTALLATION The Owner shall ensure that the design and installation of the sanitary sewer to the newly created parcel described as Registered Plan of Survey Part 1 of 11R-11065 attached to this Agreement hereto as Schedule ‘B2’ will be in accordance with the Design and Construction Standards 2018 for the Municipality of Bayham, including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached to this Agreement hereto as Schedule ‘C2’. 3. WATER SERVICES INSTALLATION The Owner shall ensure that the design and installation of the water servicing to the newly created parcel described as Registered Plan of Survey Part 1 of 11R-11065 attached to this Agreement hereto as Schedule ‘B2’ will be in accordance with the Design and Construction Standards 2018 for the Municipality of Bayham, including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached to this Agreement hereto as Schedule ‘C2’. 4. ACCEPTANCE (a) Prior to any final inspection by the Manager of Public Works, the Owners shall provide a stamped letter from the Owners’ retained engineers indicating that the road construction, including all appurtenances and details shown on the Accepted Drawings, is complete. (b) The Manager of Public Works shall perform a final inspection of the road construction and provide written confirmation of the Municipality’s acceptance of the sufficiency of the road construction, or shall provide written notice of any deficiencies that must be rectified. (c) If any deficiencies are noted then a further final inspection shall be performed following the rectification of such deficiencies. (d) When the Manager of Public Works has provided written confirmation of the sufficiency of the road construction, Municipal staff shall recommend to Council that it pass a road opening By-Law for the purpose of adding the newly constructed portion over Part 1, Plan 11R-11216 to the Municipality of Bayham’s public highway system. (e) The Owners specifically acknowledge and agree that there is no guarantee that a By-Law opening Union Street over Part 1, Plan 11R-11216 will be passed by Council for the Municipality. In the event no such By-Law is passed, the Municipality shall not be responsible or liable for any claims, costs, damages, payments or any other amounts expended by the Owners arising out of this Agreement or in preparation for any potential dwellings or accessory buildings on the Owners’ Lands. 5. MAINTENANCE 4 (a) The Owners shall be responsible for all maintenance of the constructed road until final acceptance of the road construction with the passing and registration of a By-Law opening Union Street over Part 1, Plan 11R-11216 adding it to the public highway system. 6. SECURITIES (a) The Owners agree to deposit with the Municipality securities in the form and amount set out below to secure the performance of all of the obligations of the Owners pursuant to this Agreement (the Security). (b) The Security is to be deposited with the Municipality prior to commencement of any work on the said road, and will be held by the Municipality until: (i) Seventy-five percent (75%) of the Security shall be returned after a final construction inspection has been made by the Manager of Public Works and all work has been completed to his satisfaction, including rectification of any deficiencies. (ii) The remaining twenty-five percent (25%) of the Security shall be returned after a warranty period of one (1) year following registration of a By-law opening Union Street over Part 1, Plan 11R-11216. Should any maintenance or repair, save and except snow plowing, be required during the one (1) year warranty period, the Owners agree that the Municipality may draw upon the remaining twenty-five (25%) Security to complete such maintenance or repair. (c) The said Security will be in the amount of $39,269.21 (Thirty-Nine Thousand, Two Hundred and Sixty-Nine Dollars and Twenty-One Cents) representing 100 percent of the estimated cost inclusive of HST (ON) @ 13% provided by PBR Excavating Ltd., attached hereto as Schedule ‘A’ to this Agreement, and shall be in the form of a bank cheque, bank draft or Letter of Credit satisfactory to the Municipality. (d) It is understood and agreed that the Municipality may, in its sole discretion, draw all or make one or more partial draws on the securities for purposes of completing he construction of the road and all appurtenances thereto, including rectifying any deficiencies in the said work, including deficiencies that appear after completion of the said work during the warranty period. 7. ERECTION OF DWELLING (a) The Owners agree to construct the dwelling on the west side of the road allowance at a finished grade equal to or greater than the grade of the road. (b) The Owners acknowledge and agree that municipal water servicing and municipal sanitary servicing will be installed at the Owner’s expense to the Owners’ Lands. 5 (c) It is understood and agreed that: (i) The road frontage necessary for the Owners Lands to meet with the criteria for a building permit will not be satisfied until such time as the Municipality passes and registers a By-Law extending Union Street over Part 1, Plan 11R-11216 and designating as part of the open public highway system. (ii) An Occupancy Permit will not be issued for the said dwelling until all road construction works have been completed to the satisfaction of the Manager of Public Works for the Municipality. 8. PARKING OF VEHICLE The Owners agree that they will neither park vehicles nor permit vehicles to be parked on the finished road at any time in such a manner as to interfere with access by emergency vehicles or with road maintenance activities. 9. APPLICABLE LAW The Owners agree to comply with all applicable laws of all government bodies and agencies, including all by-aw and regulations, and to obtain and pay for all required permits. 10. PAYMENT OF COSTS AND FEES The Owners agree to pay all construction, survey, legal, permit costs and fees, including disbursements, all costs incurred by the Municipality including legal costs, preparation of this Agreement and any other costs associated with or in any way connected with this Agreement. 11. DISPUTE RESOLUTION (a) In the event of any dispute respecting the interpretation of this Agreement of the Municipality’s requirements, the matter shall be determined by the Manager of Public Works of the Municipality with respect to any issues relating to the construction of the road and by both the Chief Building Official and Drainage Superintendent with respect to any issue related to drainage and grades and subject to subparagraph (b) their respective decision shall be final. (b) Disputes between the Owners and the Municipality with respect to any provision of this Agreement, unresolved under subparagraph (a) above, shall be referred to arbitration in compliance with the provisions of the Arbitrations Act R.S.O. 1990, as amended, and in particular subject to the following requirements: (i) There shall be a single arbitrator agreeable to the Municipality and the Owners, unless both are not able to agree on a single arbitrator, in which case there shall be a panel of three arbitrators, with each of the Municipality and the Owners appointing one arbitrator and those two arbitrators appointing the third. 6 (ii) The decision of the arbitrator or arbitrators as the case may be, shall be final. (iii) The costs of the arbitration shall be borne entirely by the Owners. (iv) Notwithstanding the existence of any such disputes, the Municipality and the Owners shall continue to carry out their obligations under this Agreement in a timely fashion, and such carrying out of obligations shall be without prejudice to their respective rights under this Agreement. 12. INDEMNITY AND INSURANCE (a) Until the Municipality has finally accepted the road construction by a road opening By-Law, the Owners shall indemnify the Municipality, its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the road and other appurtenance construction performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all documentation submitted by or on behalf of the Owners in support of the acceptance of such plans, specifications and contract. Compliance with the insurance requirements of this Agreement shall not be construed as relieving the Owners from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. (b) The Owners agree to maintain insurance in sufficient amount and description as will protect the Owners and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Owners’ operations pursuant to this Agreement, including any act or omission of the Owners’ agents or employees while engage in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. (c) In addition to the foregoing, the Owners covenant and agree that: (i) The limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Five Million ($5,000,000.00) Dollars for each occurrence. (ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be materially changed (to the detriment of the Municipality) without at least thirty (30) days’ notice to the Municipality by registered mail. (iii) The Municipality shall be named as an additional insured and the policy shall include a provision for cross liability. 13. UNSATISFACTORY OR INCOMPLETE WORK (a) Upon any failure by the Owners to do any work or rectify any unsatisfactory work upon seven day’s written notice, the Manager of Public Works for the Municipality may procure same to be done at the Owners’ expense and all costs may be recovered from the Security held under this Agreement. In any case of emergency 7 affecting public safety, the said Manager of Public Works may act without notice or on such notice as is reasonable in the circumstances. Any realization of the Security against costs described in this subparagraph does not relieve the Owners of paying any amount of the Municipality’s costs that is not covered by the Security. (b) Notwithstanding that the Municipality may hold Security pursuant to this Agreement, in the event of a failure, neglect or refusal by the Owners to comply with this Agreement, the Municipality shall not be required nor obligated to: (i) Complete any of the works or services required by this Agreement; or (ii) Maintain any of the works or services required by this Agreement. 14. CONSTRUCTION LIENS (a) The Owners shall comply with all of the provisions of the Construction Act, R.S.O. 1990 c. C30, as amended from time to time and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the said Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. (b) The Owners shall, at their own expense, within ten (10) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990 c. C 30, which affect any lands of the Municipality, including public highways and road allowances, and which arise out of the performance of this Agreement by the Owners and their servants, employees, agents, contractors and subcontractors. Should the Owners fail or refuse to pay, discharge vacate or obtain and register a release of all charges, claims, liens and all preserved or perfected liens, then the Municipality may proceed to take any legal action available to it and the Owners hereby specifically agree to indemnify the Municipality of all of its costs associated with taking such legal action including its legal costs on a full indemnity scale. (c) The Manager of Public Works for the Municipality may at any time, authorize the use of all or part of the Security required pursuant to this Agreement, including bank cheque or letter of credit: (i) To pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990, c. C30, which affect any lands, including public highways and road allowances of the Municipality in the event the Owners default on the performance of this section, and (ii) To pay to the Municipality any amounts owing to it pursuant to this section. 15. ENTIRE AGREEMENT This Agreement is the entire Agreement between the Owners and the Municipality regarding the subject of this Agreement and it can be amended or supplemented only by a document executed in writing by both the Owners and the Municipality. 16. SEVERABILITY If any term of this Agreement is found to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from 8 the rest of this Agreement and the rest of this Agreement remains in force unaffected by that finding or by the severance of that term. 17. CONTEXT In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 18. GOVERNING LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario. 19. NO REPRESENTATIONS OR WARRANTIES It is acknowledged and agreed that the Municipality has made no representations or warranties whatsoever as to site conditions in the proposed development of the suitability of the site for the construction of a road. 20. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 21. NOTICE Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville ON N0J 1Y0 and to the Owners at: Johan and Sara Janzen 107 Highway 19 Tillsonburg ON N4G 4G9 Any notice may also be given by prepaid registered mail, and such notice shall be effective four (4) days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. 22. HEADINGS Headings contained in this Agreement are for reference purposes only and do not affect the meaning of this Agreement. 9 23. SUMMARY OF SCHEDULES SCHEDULE ‘A’ SPECIAL PROVISIONS – ESTIMATED COSTS & SECURITIES SCHEDULE ‘B1’ SURVEY 11R-11216 SCHEDULE ‘B2’ SURVEY 11R-11065 SCHEDULE ‘C1’ GRADING PLAN SCHEDULE ‘C2’ SERVICING PLAN SCHEDULE ‘C3’ ROADWORK PLAN IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals under the hands of their officers duly authorized in that behalf, and the individual parties have set their hands and seals. SIGNED, SEALED AND DELIVERED ) In the presence of: ) _____________________________ ) Johan Janzen, Owner ) ) ) _____________________________ ) Sara Janzen, Owner ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Ed Ketchabaw, Mayor ) ) ) _____________________________ ) Thomas Thayer, Chief Administrative Officer ) 10 SCHEDULE ‘A’ TO BY-LAW 2024-_____ Special Provisions Estimated Cost & Securities The following special provisions apply to this Agreement: 1. Capital and/or Development Charges Value: N/A 2. Performance Guarantee: a. Project to be completed on or before September 30, 2024 b. Letter of Credit or Bank Draft equal to the value of $39,269.21  25% Maintenance Security for Road Allowance Works in the amount of $9,817.30 required to be held by the Municipality until Owner and appointed Engineer’s clearances are provided to the Municipality and the Manager of Public Works accepts the works as complete at the end of the one-year warranty period. Performance Guarantee Calculations: Item 100% Security Based upon PBR Excavating Inc. Estimate dated May 28, 2024 Road cut and remove existing asphalt. Excavate and install 125mm sanitary service to property, core in to existing manhole includes rebenching and backfill trench with bedding. Excavate and install 25mm water service to property, live tap to municipal watermain and backfill. 10,235.59 Strip topsoil and prep area for street extension. Supply, place and compact granular A and B for new street extension. Supply and place rip rap at end of road. 11,567.92 Supply and install dead end barrier with checker board sign at the end of road. 4,500.00 Supply and install HL8 hot mix asphalt, compact/roll smooth to finished thickness of 50mm. Supply and install HL3 hot mix asphalt, compact/roll smooth to finished thickness of 40mm (Price based on site plan provided for the road restoration, driveway and turnaround not included) 8,448.00 SUBTOTAL $34,751.51 HST (ON) 13% 4,517.70 Total $39,269.21 11 SCHEDULE ‘B’ TO BY-LAW 2024-_______ Survey SCHEDULE ‘C1’ TO BY-LAW 2024 - ____ Grading Plan SCHEDULE ‘C2’ TO BY-LAW 2024-_____ Servicing Plan SCHEDULE ‘C3’ TO BY-LAW 2024-_____ Roadwork Plan THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-042 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A CONSTRUCTION AGREEMENT BETWEEN THE MUNICIPALITY AND PBR EXCAVATING INC. FOR THE CONSTRUCTION OF A PORTION OF UNION STREET, VIENNA (PART OF ROAD ALLOWANCE BETWEEN PLAN 54 LOTS 2 AND 3 W/S UNON STREET AND PLAN 54 LOTS 3, 8 TO 11 E/S UNION STREET) WHEREAS the Owners of lands, Johan and Sara Janzen, have applied to the Municipality for permission to reconstruct that part of the said Union Street road allowance shown as PART 1 on Plan 11R-11216, described in Schedule ‘A’ attached hereto and forming part of this By-law, and have contracted directly with PBR Excavating Inc. to perform the works at the Owners’ expense in order to provide frontage and access to the severed lands of the Owners, AND WHEREAS the Council of The Corporation of the Municipality of Bayham is in agreement with the project proceeding subject to the conditions as set out in the Development Agreement attached hereto as Schedule ‘A’ and forming part of this By-law; AND WHEREAS the said Contractor, PBR Excavating Inc., is in agreement with the terms and conditions as set out in the aforementioned Agreement and Council now deems it necessary to execute same. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule ‘A’ and forming part of this By-law between the Corporation of the Municipality of Bayham and PBR Excavating Inc. setting out the terms and conditions for the construction of Union Street as described in the said Agreement is hereby approved. 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the said Agreement. 3. THAT this Agreement shall come into full force and effect upon the date of its enactment. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE 2024. __________________________________ __________________________ MAYOR CLERK Schedule ‘A’ By-law No. 2024-042 DEVELOPMENT AGREEMENT UNION STREET ROAD CONSTRUCTION THIS AGREEMENT made in duplicate this ____ day of _____2024. BETWEEN: PBR EXCAVATING INC. (hereinafter referred to as the “Contractor”) of the First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the “Municipality”) of the Second Part WHEREAS the development of the extension at the southern terminus of the travelled portion of Union Street, Vienna, is a condition of Consent Application E84-22 by Johan and Sara Janzen and conditionally approved by the County of Elgin Land Division Committee on February 23, 2023; AND WHEREAS more particularly, the road allowance between Plan 54 Lots 8, 9, 10 E/S Union Street and Plan 54 Lots 2 and 3, W/S Union Street contains an unopened portion of road allowance beyond the terminus of the currently traveled and maintained portion of Union Street; AND WHEREAS the Municipality requires the extension of Union Street through the lands depicted as PART 1 on Plan 11R-11216, attached hereto as Schedule ‘A’, which will have the effect of extending the traveled, maintained and constructed portion of Union Street farther to the south to provide the required lot frontage on an open and maintained road; AND WHEREAS the Contractor has agreed to construct the Union Street extension to satisfy the condition of Consent; AND WHEREAS the Municipality desires to enter into this Agreement to ensure the orderly construction of the said proposed extension of Union Street; AND WHEREAS the Contractor has the skill, expertise and equipment necessary to construct the extension of Union Street; 2 NOW THEREFORE in consideration of the premises, the payment of the sum of Two Dollars ($2.00) of lawful money of Canada together with other good and valuable consideration by the Owners to the Municipality, the receipt and sufficiency of which is hereby acknowledged, the Owners and the Municipality hereby covenant and agree as follows: 1. GENERAL 1. The Municipality is a corporation incorporated pursuant to the Municipal Act, 2001 S.O. 2001 c. 25 and is governed by Council and operated by administration. 2. The Contractor is a corporation resident in Ontario and incorporated under the laws of the Province of Ontario and has represented to the Municipality that it has the requisite skill, ability, expertise, qualifications and equipment to carry on the Services. 3. Any and all Schedules attached hereto form an integral part of this Agreement. 4. OPSS.MUNI.100 General Conditions of Contract, to the extent that they are applicable given the context of the Construction and that they do not vary or conflict with contract documents in precedence, including this Agreement, are hereby incorporated into and form an integral part of this Agreement. 2. FEES AND DISBURSEMENTS 5. The Contractor shall be paid a fixed price (“Lump Sum”) for the construction of Union Street on and over the municipal lands identified as Part 1 on Plan 11R-11216 including all drainage elements associated therewith in the amount of Thirty-Nine Thousand Two Hundred Sixty-Nine Dollars and Twenty-one Cents ($39,269.21) inclusive of HST, as shown in the Cost Estimate attached hereto as Schedule ‘C’. For greater certainty, OPSS.MUNI.100 General Conditions 8.02.05 – Payment on a Time and Material Basis do not apply to this Agreement, save and accept that GC 8.02.05.11 shall apply to the fixed sum set out in this Agreement. 6. Payments under this Agreement will be made only after this Agreement has been duly executed by both parties and the municipality has accepted the Construction as set out in this Agreement. The Contractor shall provide detailed accounts for the Construction. If requested by the Manager of Public Works, the Contractor will make available to the Municipality such accounts, records, receipts, vouchers and documents for the purpose of substantiating its accounts. 3. TERM The Contractor shall carry out the Construction with the utmost dispatch and, subject to delays beyond its control, between the effective date of this Agreement and September 30, 2024. 4. TERMINATION The Municipality may terminate this Agreement at any time by providing the Contractor with thirty (30) days’ notice. 3 The Municipality may immediately terminate this Agreement upon giving notice to the Contractor where: (a) The Contractor breaches any provision of this Agreement, including but not limited to poor performance by the Contractor; (b) The Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the Contractor’s insolvency; (c) The Contractor, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the Municipality; (d) The Contractor assigns this Agreement without the consent of the Municipality; (e) The Contractor undergoes a change in control which adversely affects the Contractor’s ability to satisfy some or all of its obligations under this Agreement. 5. CONTRACTOR CONVENANTS The Contractor covenants as follows: (a) The Contractor shall construct an extension of Union Street on the municipal lands identified as Part 1 on Plan 11R-11216 (the “Construction”) which is attached hereto as Schedule ‘B’; (b) The Construction shall be in accordance with the drawings prepared by Cyril J. Demeyere, Consulting Engineers, dated October 30, 2023, Project 23021 (the “Accepted Drawings”), including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached hereto as Schedules ‘C1’, ‘C2’ and ‘C3’ and more generally shall conform to the Municipality’s Design and Construction Standards 2018. (c) The Construction must be carried out in accordance with good engineering practice and in a good workmanlike manner. Without limiting the generality of the foregoing, the construction must meet with the satisfaction of the Manager of Public Works of the Municipality at the Manager’s sole and unfettered discretion. (d) The Contractor must obtain, at its sole cost and expense, all permits, approvals, traffic control and/or road occupancy signage and any other permission or thing that may be required by the Municipality or any other authority of competent jurisdiction including, but not limited to, any Ministry approvals required from the Province of Ontario or permits required by any Conservation Authority, if applicable. (e) The Contractor hereby agrees and acknowledges that no construction may proceed until all certificates of insurance and securities required by this Agreement have been provided to the Municipality and until all necessary permits and approvals have been obtained. 4 (f) The Contractor shall comply with the Workplace Safety and Insurance Act requirements (WSIA) and Human Rights policies; (g) The Contractor shall obtain and keep current WSIB insurance and to provide the Municipality with proof of such insurance if requested; (h) The Contractor shall ensure that the persons in their organizations who deals with members of the public or other third parties receives training about the provision of goods or services to persons with disabilities as required by the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.11, as amended; (i) The Contractor shall supply at its sole cost and expense all staff, equipment, accommodations and technical assistance necessary to perform the Construction and assume all overhead expenses in connection with the Construction; (j) The Contractor shall co-operate with the Manager of Public Works and do all things necessary to enable the Manager of Public Works to evaluate the Construction as required. (k) The Contractor shall not employ any sub-consultants or sub-contractors without the express, prior, written approval of the Municipality. 6. ACCEPTANCE (a) Prior to any final inspection by the Manager of Public Works, the design engineers, being Cyril J. Demeyere Limited (or Municipality’s designate) shall be required to provide as-built drawings and a clearance letter indicating that the Construction, including all appurtenances and details shown on the Accepted Drawings, is complete and that the Construction meets all aspects of the Accepted Drawings and requirements of this Agreement. (b) The Manager of Public Works, or designate/agent, shall perform a final inspection of the road construction and provide written confirmation of the Municipality’s acceptance of the sufficiency of the road construction, or shall provide written notice of any deficiencies that must be rectified. (c) If any deficiencies are noted then a further final inspection shall be performed following the rectification of such deficiencies. 7. MAINTENANCE AND WARRANTY (a) The Contractor agrees that it shall perform any repairs or maintenance work determined to be necessary by the Municipality at the Manager of Public Works, or designate/agent’s, sole discretion for a period of one (1) year following acceptance. (b) A security amount equaling 25% of the estimated cost will be retained for the one (1) year warranty period and will be returned once the warranty period is 5 complete and final written acceptance provided by the Manager of Public Works. 8. APPLICABLE LAW The Owners agree to comply with all applicable laws of all government bodies and agencies, including all by-law and regulations, and to obtain and pay for all required permits. 9. DISPUTE RESOLUTION (a) This section supersedes OPSS.MUNI.100 GC 3.14. (b) In the event of any dispute respecting the interpretation of this Agreement of the Municipality’s requirements, the matter shall be determined by the Manager of Public Works of the Municipality with respect to any issues relating to the construction of the road and by both the Chief Building Official and Drainage Superintendent with respect to any issue related to drainage and grades and subject to subparagraph (b) their respective decision shall be final. (c) Disputes between the Contractor and the Municipality with respect to any provision of this Agreement, unresolved under subparagraph (a) above, shall be referred to arbitration in compliance with the provisions of the Arbitrations Act R.S.O. 1990, as amended, and in particular subject to the following requirements: (i) There shall be a single arbitrator agreeable to the Municipality and the Contractor, unless both are not able to agree on a single arbitrator, in which case there shall be a panel of three arbitrators, with each of the Municipality and the Contractor appointing one arbitrator and those two arbitrators appointing the third. (ii) The decision of the arbitrator or arbitrators as the case may be, shall be final. (iii) The costs of the arbitration shall be borne entirely by the Contractor. (iv) Notwithstanding the existence of any such disputes, the Municipality and the Contractor shall continue to carry out their obligations under this Agreement in a timely fashion, and such carrying out of obligations shall be without prejudice to their respective rights under this Agreement. 10. INDEMNITY AND INSURANCE (a) Until the Municipality has finally accepted the Construction, the Contractor shall indemnify the Municipality, its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, construction liens, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the road and other appurtenance construction performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all 6 documentation submitted by or on behalf of the Contractor in support of the acceptance of such plans, specifications and contract. Compliance with the insurance requirements of this Agreement shall not be construed as relieving the Owners from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. (b) The Contractor agrees to maintain insurance in sufficient amount and description as will protect the Contractor and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Contractor’s operations pursuant to this Agreement, including any act or omission of the Contractor’s agents or employees while engage in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. (c) In addition to the foregoing, the Contractor covenants and agrees that: (i) The limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Five Million ($5,000,000.00) Dollars for each occurrence. (ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be materially changed (to the detriment of the Municipality) without at least thirty (30) days’ notice to the Municipality by registered mail. (iii) The Municipality shall be named as an additional insured and the policy shall include a provision for cross liability. 11. UNSATISFACTORY OR INCOMPLETE WORK Upon any failure by the Contractor to do any work or rectify any unsatisfactory work upon seven (7) day’s written notice, the Manager of Public Works for the Municipality may procure same to be done at the Contractor’s expense and all costs may be recovered from any Security held by the Municipality for the purpose of the Construction, whether such Security is received from the Contractor or another entity or persons. In any case of emergency affecting public safety, the said Manager of Public Works may act without notice or on such notice as is reasonable in the circumstances. 12. CONSTRUCTION LIENS (a) The Contractor shall comply with all of the provisions of the Construction Act, R.S.O. 1990 c. C30, as amended from time to time and without limiting the generality of the foregoing, with regard to any permitted sub-contractor, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the said Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. (b) The Contractor shall, at its own expense, within ten (10) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens and all preserved or perfected 7 liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990 c. C 30, which affect any lands of the Municipality, including public highways and road allowances, and which arise out of the performance of this Agreement by the Contractor and its servants, employees, agents, contractors and subcontractors. Should the Contractor fail or refuse to pay, discharge vacate or obtain and register a release of all charges, claims, liens and all preserved or perfected liens, then the Municipality may proceed to take any legal action available to it and the Contractor hereby specifically agrees to indemnify the Municipality of all of its costs associated with taking such legal action including its legal costs on a full indemnity scale. (c) The Manager of Public Works for the Municipality may at any time, authorize the use of all or part of the Security for the Construction, including bank cheque or letter of credit: (i) To pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990, c. C30, which affect any lands, including public highways and road allowances of the Municipality in the event the Contractor default on the performance of this section, and (ii) To pay to the Municipality any amounts owing to it pursuant to this section. 13. ENTIRE AGREEMENT This Agreement is the entire Agreement between the Contractor and the Municipality regarding the subject of this Agreement and it can be amended or supplemented only by a document executed in writing by both the Contractor and the Municipality. 14. SEVERABILITY If any term of this Agreement is found to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that finding or by the severance of that term. 15. CONTEXT In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 16. GOVERNING LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario. 17. NO REPRESENTATIONS OR WARRANTIES It is acknowledged and agreed that the Municipality has made no representations or warranties whatsoever as to site conditions in the proposed development of the suitability of the site for the construction of a road. 8 18. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 19. NOTICE Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission or email to the Municipality at the following address: Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville ON N0J 1Y0 Fax: 519-866-3884 bayham@bayham.on.ca and to the Contractor at: PBR Excavating Inc. 47 Clearview Dr. Tillsonburg ON N4G 4G8 herman@pbrexcavating.com Any notice may also be given by prepaid registered mail, and such notice shall be effective four (4) days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. Any electronic notice shall be deemed to be served on the day it is sent provided that it is sent to the e-mail address herein noted. Any electronic notice sent after 4:30pm shall be deemed to be served on the following regular business day. 20. HEADINGS Headings contained in this Agreement are for reference purposes only and do not affect the meaning of this Agreement. 21. SUMMARY OF SCHEDULES SCHEDULE ‘A’ SURVEY SCHEDULE ‘B1’ GRADING PLAN SCHEDULE ‘B2’ SERVICING PLAN SCHEDULE ‘B3’ ROADWORK PLAN SCHEDULE ‘C’ PBR EXCAVATING ESTIMATED COST IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals under the hands of their officers duly authorized in that behalf, and the individual parties have set their hands and seals. 9 SIGNED, SEALED AND DELIVERED ) PBR EXCAVATING INC. ) ) ) ) _____________________________ ) Herman Peters, Owner ) ) ) I have authority to bind the corporation. ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Ed Ketchabaw, Mayor ) ) ) _____________________________ ) Thomas Thayer, ) Chief Administrative Officer ) ) We have authority to bind the ) Corporation 10 SCHEDULE ‘A’ TO CONSTRUCTION AGREEMENT PBR EXCAVATING INC. Survey SCHEDULE ‘B1’ TO CONSTRUCTION AGREEMENT PBR EXCAVATING INC. Grading Plan - CJDL SCHEDULE ‘B2’ CONSTRUCTION AGREEMENT PBR EXCAVATING INC. Servicing Plan - CJDL SCHEDULE ‘B3’ CONSTRUCTION AGREEMENT PBR EXCAVATING INC. Roadwork Plan - CJDL SCHEDULE ‘C’ TO CONSTRUCTION AGREEMENT PBR EXCAVATING INC. PBR Construction Cost Estimate Municipality of Bayham Housing Market Update for May 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, no change Year-to-date home sales numbered 32 units at the end of May 2024, this is comparable to same period in 2023. New Listings, up 44.1% Year-to-date there were 85 listings added by the end of May 2024, this is up 44.1% compared to the same period in 2023. Available inventory is up 68.9% **At the end of May 2024 there was 4.9 months of inventory, up from 2.9 months of inventory at the end of May 2023 **Available Inventory is the active listings at month end divided by monthly sales. Average Price is down 16.6% Year-to-date the average residential property in Municipality of Bayham sold for $591,136, down 16.6% 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 MAY 2024 The number of homes sold through the MLS® System of the Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® in Municipality of Bayham totaled 10 units in May 2024. There was no change when compared to May 2023. On a year-to-date basis, home sales totaled 32 units in 2024. This is comparable to the same period in 2023. In May 2024, the average price of homes sold was $509,990, a decrease of 17.5% from May 2023. The more comprehensive year-to-date average price was $591,136, a decrease of 16.6% compared to 2023. On a year-to-date basis the dollar volume of all sales totaled $18.9 million, down 16.6% compared to the same period in 2023. The number of new listings was comparable to May 2023. In May 2024 there were 21 new residential listings. There were 49 active residential listings on the market at the end of May, an increase of 69% compared to May 2023. Months of inventory numbered 4.9 months at the end of May 2024, up from 2.9 months to the end of May 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 LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of May 1, 2024 Approved June 5, 2024 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 - 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 Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford Regrets: 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 called the meeting to order at 6:30 p.m., Wednesday, May 1, 2024. 2. Additional Agenda Items Item 9 g) Phase Out of Free Well-Water Testing is added to the May 1, 2024 agenda under New Business. 3. Approval of the Agenda A-59/24 Moved by J. Palmer Seconded by R. Weisler THAT the LPRCA Board of Directors approves the amended agenda. Carried 4. Declaration of Conflicts of Interest None were declared. 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 Minutes of April 3, 2024 There were no errors or omissions. A-60/24 Moved by D. Brunton Seconded by C. Van Paassen THAT the minutes of the LPRCA Board of Directors Meeting held April 3, 2024 be adopted as circulated. Carried 6. Business Arising Michael Columbus inquired if any comments have been received regarding the Vittoria Dam Class Environmental Assessment. Judy Maxwell informed the Board that the notification will be posted in the newspapers next Thursday and the 30-day comment period will start from that date. 7. Review of Committee Minutes There were no committee minutes for review. 8. Planning Department a) Section 28 Regulations Approved Permits (L. Mauthe) Through the General Manager’s delegating authority, 20 applications were approved in the past month. A summary of the applications was provided in the report. No questions were received from the Board. A-61/24 Moved by R. Weisler Seconded by P. Ypma THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated May 1, 2024 as information. 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 - 3 - 9. New Business a) General Manager’s Report (J. Maxwell) Judy Maxwell provided a report summarizing operations this past month. Dave Beres and Aaron LeDuc attended Conservation Ontario’s Annual General Meeting and both provided a brief overview of the contents of that meeting, which included the election of the new board and the financial reports. A-62/24 Moved by M. Columbus Seconded by R. Weisler That the LPRCA Board of Directors receives the General Manager’s Report for April 2024 as information. Carried b) Q1 Financial Report (A. LeDuc) The financial report was presented by Aaron LeDuc. Chris Van Paassen asked if there will be another forest tract put out for tender this year. Judy Maxwell replied there are no plans to issue another tender at this time. A-63/24 Moved by P. Ypma Seconded by R. Weisler THAT the LPRCA Board of Directors receives the Q1 Financial Report – March 31, 2024 for the period up to and including March 31, 2024 as information. Carried c) Backus Heritage Site Collections Management Policy (J. Maxwell) Judy Maxwell presented the report and summarized the changes to the policy. Peter Ypma noticed there was a position title error under Section 5 of the policy. The policy will be amended. A-64/24 Moved by T. Masschaele Seconded by D. Brunton THAT the LPRCA Board of Directors approves the Backhouse Historic Site Collections Management Policy as amended. 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 - 4 - d) Regulations Officer and PO Officer Appointment (L. Mauthe) The report was presented by Leigh-Anne Mauthe. Peter Ypma asked for clarification on Section 28 and Section 29 of the Conservation Authorities Act and wanted information on staff training to protect themselves when dealing with these matters. Leigh-Anne Mauthe explained that Section 28 is the Planning regulations and Section 29 is in regards to public use of authority's property. All designated LPRCA Regulations Officers have taken the Provincial Offences Officer training program with includes a de-escalation module. Judy Maxwell also noted that the park supervisors, assistants and some support staff, recently attended a one-day de-escalation training course designed specifically for working at a conservation area. All staff training/certification is recorded by the HR team. A-65/24 Moved by S. Patterson Seconded by S. Bentley THAT the LPRCA Board of Directors appoints Meagan Doan, Resource Planner as an LPRCA Regulations Officer and Provincial Offences Officer for the purpose of compliance and enforcement of any regulation made under section 28 and section 29, as per subsection 30.1 of the Conservation Authorities Act, and the Trespass to Property Act Carried e) ERO Posting 019-8320: Minister’s Permit and Review Powers under the Conservation Authorities Act (Leigh-Anne Mauthe) Leigh-Anne Mauthe summarized the report and presented the LPRCA comments and recommendations letter to be submitted to the Environmental Registry of Ontario. A-66/24 Moved by P. Ypma Seconded by M. Columbus THAT the LPRCA Board of Directors directs staff to send the attached letter as Long Point Region Conservation Authority’s submission to the Environmental Registry of Ontario number 019-8320. 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 - 5 - f) ERO Posting 019-8462: Review of Proposed Policies for a New Provincial Planning Policy Instrument (Leigh-Anne Mauthe) Leigh-Anne Mauthe summarized the report and presented the LPRCA comments and recommendations letter to be submitted to the Environmental Registry of Ontario. There were no questions. A-67/24 Moved by J. Palmer Seconded by D. Brunton THAT the LPRCA Board of Directors directs staff to send the attached letter as Long Point Region Conservation Authority’s submission to the Environmental Registry of Ontario number 019-8462 Review of proposed policies for a new provincial policy instrument. Carried g) Phase Out of Free Well-Water Testing Correspondence was brought forth from the Source Protection Authority meeting regarding the 2023 Auditor General’s audit report suggesting Public Health Ontario streamline the laboratory operations for water testing and implement fees for testing well-water to private well owners. A-68/24 Moved by C. Van Paassen Seconded by T. Masschaele WHEREAS: private water systems (e.g., wells) are not protected through legislated requirements under The Safe Drinking Water Act 2002 and The Clean Water Act 2006, but are more likely to contribute to cases of gastrointestinal illness than municipal systems; AND WHEREAS: the 2023 Ontario Auditor General’s value-for-money audit of Public Health Ontario (PHO) recommended that PHO, in conjunction with the Ontario Ministry of Health, begin the gradual discontinuance of free private drinking water testing; AND WHEREAS: in the jurisdiction of LPRCA, many households do not receive water from municipal systems, with many relying on a private drinking water system, including wells; AND WHEREAS: the Walkerton Inquiry Report Part II, concluded the privatization of laboratory testing of drinking water samples contributed directly to the E. coli outbreak in Walkerton, Ontario in May 2000; AND 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 - WHEREAS: all Ontarians deserve safe, clean water, and free well-water testing is a way to help ensure that residents on private wells continue to have barrier-free access to well water testing. THEREFORE, BE IT RESOLVED THAT: the Board of Directors calls on the Province to not phase out free well-water testing as part of the proposed streamlining efforts of public health laboratory operations in the province; AND FURTHER THAT: this resolution be circulated to the Hon. Sylvia Jones, Minister of Health; Hon. Lisa Thompson, Minister of Agriculture, Food and Rural Affairs; Hon. Andrea Khanjin, Minister of the Environment, Conservation and Parks; local MPPs; and Conservation Ontario and Ontario’s conservation authorities. Carried The Board convened in a closed meeting at 7:25 p.m. 10. Closed Session A-69/24 Moved by D. Beres Seconded by P. Ypma THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the Authority, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. Carried The Board reconvened in open session at 7:26 p.m. The April 3, 2024 closed meeting minutes was approved in the closed session. Next meeting: June 5, 2024, Board of Directors, 6:30 p.m. Adjournment The Chair adjourned the meeting at 7:26 p.m. Robert Chambers Judy Maxwell Chair General Manager/Secretary-Treasurer 2233 Argentia Rd. Suite 301 Mississauga, Ontario L5N 2X7 Office: 905-272-3600 Fax: 905-272-3602 www.watsonecon.ca H:\DCA-GEN\Bill 185\Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024.docx April 11, 2024 To Our Municipal Clients: Re: Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 On behalf of our many municipal clients, we are writing to inform you of the Ontario Legislature’s proposed changes to the Development Charges Act (D.C.A.) under Bill 185 (Cutting Red Tape to Build More Homes Act) and to Ontario Regulation 82/98 under the D.C.A. These proposed changes are with respect to: • The definition of eligible capital costs (to include certain studies); • The removal of the mandatory phase-in of charges; • The process for minor amendments to development charge (D.C.) by-laws; • A reduction of time for the D.C. rate freeze related to site plan and zoning by-law amendment planning applications; • Modernizing public notice requirements; and • Implementation of the Affordable Residential Unit exemptions. Further details with respect to these proposed changes are provided below. With respect to changes to the Planning Act arising from Bill 185, Watson will be preparing a subsequent letter summarizing the changes. 1. Revised Definition of Capital Costs On November 28, 2022, the Province enacted Bill 23, More Homes Built Faster Act, which included a number of discounts, exemptions, and reductions to D.C.s. As part of this legislation, the definition of capital costs (subsection 5 (3) of the D.C.A.) was amended to remove studies, including D.C. background studies. Bill 185 proposes to reverse the capital cost amendments of the More Homes Built Faster Act (Bill 23) by reinstating studies as an eligible capital cost. The following paragraphs are proposed to be added to subsection 5 (3) of the D.C.A.: 5. Costs to undertake studies in connection with any of the matters referred to in paragraphs 1 to 4. 6. Costs of the development charge background study required under section 10. Watson & Associates Economists Ltd. PAGE 2 Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 The proposed amendment will allow municipalities to fund studies, consistent with by- laws passed prior to the More Homes Built Faster Act (Bill 23). This will allow for the funding of master plans, D.C. background studies, and similar studies that inform the capital costs of the D.C. background study. 2. Removal of the Mandatory Phase-in The More Homes Built Faster Act (Bill 23) required the phase-in of charges imposed in a D.C. by-law over a five-year term. D.C. by-laws passed after January 1, 2022, were required to phase-in the calculated charges as follows: • Year 1 of the by-law – 80% of the charges could be imposed; • Year 2 of the by-law – 85% of the charges could be imposed; • Year 3 of the by-law – 90% of the charges could be imposed; • Year 4 of the by-law – 95% of the charges could be imposed; and • Years 5 to 10 of the by-law – 100% of the charges could be imposed. Bill 185 proposes to remove the mandatory phase-in of the charges. It is proposed that this change would be effective for D.C. by-laws passed after Bill 185 comes into effect. For site plan and zoning by-law amendment applications that were made prior to Bill 185 receiving Royal Assent, the charges payable will be the charges that were in place on the day the planning application was made (i.e., including the applicable mandatory phase-in). Note, the Bill also proposes to allow minor amendments to D.C. by-laws that include these phase-in provisions. As provided in further detail below, these amendments would not require the preparation of a D.C. background study or undertake the statutory public process, and the amendments would not be subject to Ontario Land Tribunal appeal. This provision will only be available for a period of six months after Bill 185 takes effect. 3. Process for Minor Amendments to D.C. By-laws Section 19 of the D.C.A. requires that a municipality must follow sections 10 through 18 of the D.C.A. (with necessary modifications) when amending D.C. by-laws. Sections 10 through 18 of the D.C.A. generally require the following: • Completion of a D.C. background study, including the requirement to post the background study 60 days prior to passage of the D.C. by-law; • Passage of a D.C. by-law within one year of the completion of the D.C. background study; • A public meeting, including notice requirements; and • The ability to appeal the by-law to the Ontario Land Tribunal. Watson & Associates Economists Ltd. PAGE 3 Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Bill 185 proposes to allow municipalities to undertake minor amendments to D.C. by- laws for the following purposes without adherence to the requirements noted above (with the exception of the notice requirements): 1. To repeal a provision of the D.C. by-law specifying the date the by-law expires or to amend the provision to extend the expiry date (subject to the 10-year limitations provided in the D.C.A.); 2. To impose D.C.s for studies, including the D.C. background study; and 3. To remove the provisions related to the mandatory phase-in of D.C.s as discussed in section 2 of this letter. Minor amendments related to items 2 and 3 noted above may be undertaken only if the D.C. by-law being amended was passed after November 28, 2022, and before Bill 185 takes effect. Moreover, the amending by-law must be passed within six months of Bill 185 taking effect. Notice requirements for these minor amending by-laws are similar to the typical notice requirements, with the exception of the requirement to identify the last day for appealing the by-law (as these provisions do not apply). 4. Reduction of D.C. Rate Freeze Timeframe Bill 108, More Homes, More Choices Act, 2019, which received Royal Assent on June 6, 2019, provided several changes to the D.C.A. including the requirement to freeze the D.C.s imposed on certain developments. This applied to developments that were subject to a site plan and/or a zoning by-law amendment application. The D.C. rate for these developments is “frozen” at the rates that were in effect at the time the site plan and/or a zoning by-law amendment application was submitted (subject to applicable interest). Once the application is approved by the municipality, if the date the D.C. is payable[1] is more than two years from the approval date, the D.C. rate freeze would no longer apply. Bill 185 proposes to reduce the two-year timeframe to 18 months and move this timeframe from being identified in O. Reg. 82/98 to being identified in the D.C.A. Transition provisions are included that require the two-year D.C. “freeze” for site plan and zoning by-law amendment applications that were approved prior to Bill 185 receiving Royal Assent to remain in effect. [1] In the case of Rental Housing and Institutional development, once the application is approved by the municipality, if the date the first building permit is issued is more than two years after the date of approval, the D.C. rate freeze would no longer apply. Watson & Associates Economists Ltd. PAGE 4 Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 Note that the streamlined process for minor amending by-laws does not appear to include the ability to amend D.C. by-laws to meet this legislative change. 5. Other Proposed Changes Along with the proposed legislative changes outlined in Bill 185, the Province has identified related proposed regulatory changes regarding modernization of the public notice requirements. In addition, the Province has noted that implementation of the Affordable Residential Unit exemption will occur on June 1, 2024. 5.1 Modernizing Public Notice Requirements The D.C.A. sets out the requirements for municipalities to give notice of public meetings and of by-law passage. These requirements are prescribed in sections 9 and 10 of O. Reg. 82/98 and include giving notice in a newspaper of sufficiently general circulation in the area to which the by-law would apply. The proposed regulatory changes would modernize public notice requirements by allowing municipalities to provide notice on a municipal website if a local newspaper is not available. 5.2 Implementing the Affordable Residential Unit Exemption The More Homes Built Faster Act (Bill 23) identified an exemption for Affordable Residential Units. This exemption was subsequently revised through Bill 134, Affordable Homes and Good Jobs Act, 2023, which received Royal Assent on December 4, 2023. The exemption is summarized as follows: • Affordable Rental: Where the rent is no greater than the lesser of the income based affordable rent[1] set out in the Affordable Residential Units Bulletin and the average market rent identified in the Affordable Residential Units Bulletin. • Affordable Owned Unit: Where the price of the residential unit is no greater than the lesser of the income-based affordable purchase price[2] set out in the Affordable Residential Units Bulletin and 90% of the average purchase price identified in the Affordable Residential Units Bulletin. [1] Based on the 60th percentile of gross annual incomes for renter households in the applicable local municipality and where the rent is equal to 30% of the income of the household. [2] Based on the 60th percentile of gross annual incomes for households in the applicable local municipality and where the purchase price would result in annual accommodation costs equal to 30 per cent of the income of the household. Watson & Associates Economists Ltd. PAGE 5 Assessment of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 The Provincial Backgrounder has indicated that this exemption will come into force on June 1, 2024, and that the Affordable Residential Units Bulletin will be posted on Ontario.ca. Note, no commentary has been provided on the Attainable Unit exemption at this time. 6. Summary Comments on the Proposed Amendments Many of these changes to the D.C.A. appear positive for municipalities by assisting in ensuring that growth pays for growth to the extent possible. This is achieved by allowing for the inclusion of growth-related studies that will allow municipalities to appropriately plan for additional development. Furthermore, the removal of the mandatory phase-in provisions ensures discounts to D.C.s are not provided to development and redevelopment that municipalities do not aim to incentivize. The reduction in the D.C. rate freeze timeline helps to ensure development that is not proceeding quickly does not receive D.C. discounts. Additionally, the ability to make minor amendments to D.C. by-laws to align with the legislative changes without onerous administrative requirements will assist municipalities in aligning policies with the amended legislation quickly. Modernizing the public notice requirements further assists municipalities in areas where there is no local newspaper. With respect to the implementation of the Affordable Residential Unit exemption on June 1, 2024, as stated in previous correspondence, while it is an admirable goal to create additional affordable housing units, further D.C., community benefits charge, and parkland exemptions will continue to provide further financial burdens on municipalities to fund these exemptions. Watson will be providing a submission through the Environmental Registry of Ontario on these legislative changes. Watson will also be seeking an opportunity to speak as a delegation to the Standing Committee, if possible, to provide our comments on behalf of our municipal clients. We will continue to monitor the progress of Bill 185 through the legislature and will continue to keep our clients informed of any changes. If you have any questions, please do not hesitate to contact us. Yours very truly, WATSON & ASSOCIATES ECONOMISTS LTD. Daryl Abbs, MBE, PLE, Managing Partner Andrew Grunda, MBA, CPA, CMA, Principal Jamie Cook, MCIP, RPP, PLE, Managing Partner Peter Simcisko, BA (Hons), MBE, Managing Partner Sean-Michael Stephen, MBA, Managing Partner Jack Ammendolia, BES, PLE, Managing Partner 6 10, 2680 SKYMARK AVENUE • MISSISSAUGA, ON • L4W 5L6 PHONE: (905) 602-4294 • FAX: (905) 602-4295 WEBSITE: WWW.AMCTO.COM June 13, 2024 Municipality of Bayham Council Township of Malahide Council 56169 Heritage Line, PO Box 160 87 John Street South Strafford, ON N0J 1Y0 Aylmer, ON N5H 2C3 Dear Mayors and Councils, On the evening of Tuesday, June 11, 2024, at AMCTO’s Awards Gala Dinner, your municipalities were deservedly recognized as the recipient of an E.A. Danby Award in the category of Municipal Administration for your “Shared Services Agreement” project. The E.A. Danby Award is given out annually by AMCTO to acknowledge a municipality’s dedication to public service excellence and for introducing innovative ways of delivering service to their community. An award plaque has been presented directly to your municipality and the project team. We hope that you will find an opportunity to formally recognize your project team staff for this great achievement. On behalf of AMCTO and our Board of Directors, I want to congratulate you and your Council on this accomplishment and thank you for your continued commitment to your residents. Sincerely, David Arbuckle, MPA Executive Director REQUEST FOR ACTION June 10, 2024 Mayor Ketchabaw and Members of Council, In 2017 at the direction of the previous Council, the Municipal Offices and Council Chambers were integrated into the SCC facility on Heritage Line in Straffordville creating a multi-use facility. Previous to that, the Municipal Office and Council Chambers were located on Plank Road in Straffordville. In budget documents, both the SCC and the Municipal Office (General Governance) have always had their own sheets showing revenues and expenditures. After reviewing the budget documents (new and old), and having several conversations with Senior Staff members, it has been confirmed that the breakdown used to allocate utility costs have been based on square footage of the facility since its reopening in 2017. This is not a fair reflection of usage between the Community Centre’s rentable rooms and the Municipal Office and their operations. Currently, the formula equates to a breakdown of 65% usage for the SCC and 35% usage for the Municipal Office/Council Chambers. It is important to note: ● The Municipal Office operates 5 days per week at 40+ hours per week. There are two servers among many electronic devices (desk tops, laptops, photocopier, etc) that are well utilized throughout that timeframe, along with the elevator that is used to gain access to the Municipal Offices and Council Chambers, drawing a fair amount of hydro. ● The Council Chambers are in operation approximately 10 hours per month and during those meetings, 7 electronic devices are being utilized along with a coffee maker, water cooler, 7 microphones, and 3 televisions. ● The SCC has regular rental schedule of approximately 10 hours per week. (Note: This number does not include occasional special event rentals.) There are two appliances (refrigerators), a microwave and a water cooler in the Main Hall Servery that require usage of hydro daily. There is also a sound system in the Main Hall that is utilized approximately 5 hours per week. ● The Trackless Lounge houses no equipment that draws hydro. ● The previous renovation in 2016 saw the facility incorporate high efficiency lighting and has since also seen upgrades to incorporate touchless faucets and toilets with low flow mechanisms, all of which save on energy costs and water consumption. ● The foyer and washrooms in the facility are common areas used by both the SCC and MOB. ● In addition to occupying the upper level of the facility, the MOB also utilizes the Trackless Lounge and Main Hall for meetings and events as needed. Further on the topic of expenses, it should also be noted that previous to 2017, the SCC budget sheet had expenditure lines for Salaries & Wages and Statutory Benefits. These expenditures are no longer listed. I assume this is because the MOB does not employ a Facility Manager. The management of the facility is provided to the MOB at no cost by the Straffordville Hall Foundation as per their operating agreement. This is considered an in-kind service that could easily be valued at $30,000/yr or more. I feel it important that accurate and fair information be reflected in the budget documents surrounding revenues and expenditures for this facility to ensure that taxpayers have a correct understanding of the operating costs, and that they also have an understanding of the monies saved by taxpayers through volunteer efforts in this community. I would respectfully request the following action be taken:: That Council direct staff to revisit the utilities cost breakdown for the SCC and General Governance, AND That Council direct staff to discontinue using the current formula based on square footage for reporting utilities for the SCC and General Governance, and implement a new formula based on hours of occupancy for the remainder of 2024 and annually moving forward. AND That Council consider and discuss reimplementing the two expense lines Salaries & Wages and Statutory Benefits for the SCC budget sheet in the next draft budget, and that those lines show a balance of zero as a placeholder for as long as the MOB and the SHF continue their operating agreement. Kind Regards, Marni Wolfe REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Clerk DATE: June 20, 2024 REPORT: CL-07/24 SUBJECT: 2024 MUNICIPAL ASSISTANCE – SECOND INTAKE BACKGROUND Community groups serving Bayham residents apply to Council annually to request use of municipal property, road closures, materials, facility rental relief, and funding to host community events. Historically, this was done primarily in February of a calendar year and without a specific policy in place to guide the process. At its April 4, 2024 meeting, Council received Report CL-03/24 re Municipal Assistance for Community Events Policy. Council passed the following motion: 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. The Municipal Assistance for Community Events Policy was adopted at the same meeting by By-law No. 2024-018. The Policy outlines the Municipal Assistance process. Council considered the first intake under the new Policy on May 16, 2024. This Report discusses the applications received through the second and final 2024 intake for Council to consider. DISCUSSION Two (2) submissions have been received in the second intake for Council to consider. The below is a summary of the requests in order of date of event accompanied by staff comments where applicable regarding materials and road closures. Funding requests are Council’s discretion. Port Burwell Santa Claus Parade – December 7, 2024 (Bayham Beachfest Committee) Requesting use of the Marine Museum and parking lot, road closures (for a parade) and funding of $2,000 from the Municipal Assistance budget. Staff comments: No concerns in principle. County approval for use of roads to be sought. Santa Claus Parade – December 14, 2024 (Straffordville Hall Foundation) Requesting use of the Straffordville Community Centre and parking lot and road closures (for a parade). Facility rental relief requested. Staff comments: No concerns in principle. County approval for use of roads to be sought. Funding Request At its May 16, 2024, Council granted the following funding for the first intake of Municipal Assistance: - Bayham Historical Society – Edisonfest - $1333 - Port Burwell Historical Society – Canada Day Celebration - $1333 - Vienna Lions Club – Kidsfest - $667 - Beachfest Committee – Bayham Beachfest - $1333 - Straffordville Community Committee – Watermelon Festival - $1333 The total Municipal Assistance budget for 2024 is $7,000, $6,000 of which has already been allocated. Council may wish to allocate the remaining $1,000 to this request if they wish, however, funds may need to be utilized if OPP is required to attend any of the approved events with road closures should Public Works staff not be available. STRATEGIC PLAN 2.1: Quality of Life > To work collaboratively with community organizations and others in ensuring the availability of diverse range of passive recreational, heritage, cultural and other community services that contribute to enriching Bayham’s valued quality of life. Initiative(s): Not applicable. ATTACHMENTS 1. Event Applications discussed in the Report, in order of proposed date. RECOMMENDATION THAT Report CL-07/24 re 2024 Municipal Assistance – Second Intake be received for information; AND THAT Council provide direction on the approvals of the event requests and funding. Respectfully Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Clerk Chief Administrative Officer Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Bayham Beachfest Event Name* Port Buwell Santa Claus Parade Event Start Date * 12/7/2024 Start Time:* 06:00:00 PM Event End Date* 12/7/2024 End Time:* 08:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Road closures from the Legion down wellington St to Robinson St and finish at the Marine Musium, we would like to have access to the Musium as well for Santa to do the visit with the kids and hot chocolate. Are Road Closures required?* Yes No Is this a Parade?* Yes No What is the Parade Route?* Road closures from the Legion down wellington St to Robinson St and finish at the Marine Musium, Please see attached map Parade Time Start* 06:00:00 PM Parade Time End* 08:00:00 PM The following materials may be available for use of your event. Please indicate what is requested: Item Required Quantity Required Safety Cones (up to 10)0 Funding Requests Are you requesting funds from the Municipality for your Community Event? Yes No Please indicate your funding request (maximum $2000): $2,000.00 Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)? Yes No Event Coordinator(s): The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate contact and/or additional contacts. The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta and/or additional contacts. Contact Name:* Laurie Wilson Contact Phone #:* 519-859-0223 Example: 555-555-5555 Contact Email:* bbeachfest@gmail.com Attachment List Attachment Upload Attachment 1 Port Burwell Christmas Parade Map.JPG 29.78KB Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Straffordville Hall Foundation Event Name* Santa Claus Parade Event Start Date * 12/14/2024 Start Time:* 10:30:00 AM Event End Date* 12/14/2024 End Time:* 11:30:00 AM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* SCC Main Hall SCC Parking Lot Are Road Closures required?* Yes No Is this a Parade?* Yes No What is the Parade Route?* Request road closures at the following locations: Plank Road and Third Street Plank Road and Main Street Heritage Line and West Street Heritage Line and Sandytown Road Parade Time Start* 10:30:00 AM Parade Time End* 11:30:00 AM The following materials may be available for use of your event. Please indicate what is requested: Item Required Quantity Required 0 Funding Requests Are you requesting funds from the Municipality for your Community Event? Yes No Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)? Yes No Event Coordinator(s): The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate contact and/or additional contacts. The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta and/or additional contacts. Contact Name:* Marni Wolfe Contact Phone #:* 519-866-5521 Example: 555-555-5555 Contact Email:* shffoundation2018@gmail.com Attachment List Attachment Upload Attachment 1 REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: June 20, 2024 REPORT: CAO-25/24 SUBJECT: PORT BURWELL LIGHTHOUSE STATUS AND COSTING REVISITED BACKGROUND At its February 1, 2024 meeting, Council received Report CAO-03/24 re Port Burwell Lighthouse Status and Costing Update. The Report provided a comprehensive review to-date of the entire Lighthouse matter, including the status and costing of the Lighthouse and any change Council wished to make to the overall rehabilitation scope. Specific topics addressed included: • A review of the $1.5m estimate provided by a+LINK in August 2023 along with some options Council may consider to reduce the overall cost burden on the Municipality and make the project more viable; • The status of the Lighthouse in regards to the non-registration of Port Burwell By-law No. 85-29; • The Heritage Act respecting alterations to heritage features; and, • Access over adjacent lands for rehabilitation works and perpetuation of existing stabilization works. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report CAO-03/24 re Port Burwell Lighthouse Status and Costing Update be received for information; AND THAT Council direct continued discussion with the abutting landowner to extend the existing License Agreement in support of the continued stabilization and rehabilitation of the Lighthouse. No formal decision was made respecting alterations and associated impacts to costing. In accordance with Council direction, at the March 21, 2024 meeting, Council received Report CAO-10/24 re License Agreement – Ron and Bonnie Bradfield – 21 Robinson Street, Port Burwell. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-10/24 re License Agreement – Ron and Bonnie Bradfield – 21 Robinson Street, Port Burwell be received for information; AND THAT Council authorize the execution of a License Agreement between the Municipality and Ron and Bonnie Bradfield to permit access and use of 21 Robinson Street, Port Burwell, in support of stabilization and restoration efforts regarding the Port Burwell Lighthouse; AND THAT By-law No. 2023-023 be repealed in its entirety; AND THAT the appropriate by-law be brought forward for Council’s consideration. The new License Agreement extends the expiry date until December 31, 2025. This Agreement is authorized via By-law No. 2024-013. Correspondence has since been received from the Bayham Historical Society at the May 2, 2024 meeting. Council passed the following motion: Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the correspondence from the Bayham Historical Society re Port Burwell Lighthouse Restoration be received for information; AND THAT Staff report back to Council with information regarding rehabilitation options for the Port Burwell Lighthouse for discussion in June 2024. DISCUSSION Based on the direction provided to Council and the previous information supplied in February 2024 via Report CAO-03/24, there is not much more to add at this time. Report CAO-03/24 is attached hereto for reference and reconsideration purposes should Council ultimately wish to choose a direction for further investigation with the heritage consultants. Some key points from Report CAO-03/24 are below: • The majority of the costs are structural and the proposal from August 2023, based on available information, includes the most effective approach. Any cost savings over and above the August 2023 estimate will not be known until pre-design, design, and construction documents are sought. • The exterior envelope works includes new cladding and weatherproofing. Clapboard and alternative materials are possibilities. Clapboard is lighter, but more expensive. Alternatives such as Hardie board may be cheaper per unit, but also may be heavier, which would require additional structural work and would ultimately increase costs. Comparative costs are unknown without detailed engineering. • Council may choose to remove from the project scope the secondary items, such as the windows/doors, flashing, and ventilation. Total savings here is potentially $203,500. • In the Lighthouse Reserve, the Municipality has $53,093 as of the drafting of this Report. This leaves the Municipality approximately $40,000-45,000 short of having the funds for pre-design, design, and construction documents.1 • Proceeding with pre-design, design, and construction documents would provide a ‘shovel ready’ project. These projects are increasingly attractive to granting agencies. • As Bayham does not have a Heritage Committee under the Heritage Act, Council, as the Owner of the Lighthouse and under its sole discretion, may choose to alter any of the heritage features by resolution and subject to the legislated notice and comment periods. This is governed under Section 33 of the Heritage Act, RSO 1990, cO 18, as amended. • In accordance with the License Agreement authorized under By-law No. 2024-013, the current expiry date is December 31, 2025. If the rehabilitation works are not completed and all structural stabilization implements removed by this date, the Municipality may be required to remove the Lighthouse from the lands. In sum, it is recommended that Council allocate funds for pre-design, design, and construction document works first and foremost, with consideration of rehabilitation options so staff can proceed with the consultant. This is the path towards a more accurate cost estimate as, currently, the estimate is Class D. Works up to and including construction documents should bring the estimate in line with Class B and provide a more accurate estimate on which Council can further plan its rehabilitation approach. This will also permit a ‘shovel-ready’ project. If Council should choose not to do so, the project will remain at a stand-still until funds become available. Council should note that any changes to the scope of the rehabilitation once direction has been provided may result in a change order and additional preparatory costs. STRATEGIC PLAN 1.2: Quality of Place > To develop policies, plans and strategies that continually enhance the visitor experience to Bayham, and increase the economic benefit of tourism to the community. Initiative(s): Rehabilitate the Port Burwell Lighthouse 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable 1 Lighthouse Reserve figures are current and incorporate 2024 YTD expenses and donations associated with the Lighthouse. Donations in 2024 are $100. Deficient funding is estimated at a 2024 dollar value, based on the 2023 figure provided in August 2023. ATTACHMENTS 1. Report CAO-03/24, inclusive of attachments. RECOMMENDATION 1. THAT Report CAO-25/24 re Port Burwell Lighthouse Status and Costing Revisited be received for information; 2. AND THAT Council provide direction, if any, regarding the Port Burwell Lighthouse rehabilitation works and the scope and/or funding thereof. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: February 1, 2024 REPORT: CAO-03/24 SUBJECT: PORT BURWELL LIGHTHOUSE STATUS AND COSTING UPDATE BACKGROUND Port Burwell By-law No. 85-29 was passed by the Council-of-the-day with the intent to formally designate the Port Burwell Lighthouse under Part IV of the Heritage Act, 1974, SO 1974, c1221. Given this, the Municipality has engaged in ongoing discussion with a+LINK Architecture Inc. (a+LINK) as heritage consultants regarding assessments and rehabilitation of the Port Burwell Lighthouse. On January 5, 2023, Council received Report CAO-02/23 re Port Burwell Lighthouse Heritage and Structural Assessment. The Report addressed the findings from the initial assessment of the cladding on the Lighthouse, received in October 2022 by way of Report CAO-63/22 re Port Burwell Lighthouse Heritage Classing Assessment Report. Council passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CAO-02/23 re Port Burwell Lighthouse Heritage and Structural Assessment be received for information; AND THAT Council accept the Proposal for Heritage Architectural Services for the Port Burwell Lighthouse Recladding Project - Cladding Review, Structural Report, and Preparation of Existing Condition Drawings in the amount of $19,935.00. On February 2, 2023, Council received Report CAO-11/23 re Stabilization Measures – Port Burwell Lighthouse. The Report confirmed suspicions expressed in the initial assessment of the cladding on the Lighthouse, received in October 2022, regarding structural concerns. 1 The Heritage Act, 1974, SO 1974, c122 has since been replaced by the Heritage Act, RSO 1990, cO 18. The Report identified estimated costs were $84,000 + a 20-30 percent construction contingency as described in the Report, which provides for a range of costs between $84,000 and $109,200. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-11/23 re Stabilization Measures – Port Burwell Lighthouse be received for information; AND THAT stabilization measures for the Port Burwell Lighthouse proceed as outlined in Report CAO-11/23; AND THAT the identified stabilization measures be funded through the Facilities Reserve. On March 23, 2023 at a Special Meeting of Council, Council received Reports CAO-18/23 re Procurement Award – Port Burwell Lighthouse Temporary Stabilization Measures, and CAO- 19/23 re License Agreement – Bradcranex Inc. – 21 Robinson Street, Port Burwell, and passed the following motions: Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report CAO-18/23 re Procurement Award – Port Burwell Lighthouse Temporary Stabilization Measures be received for information; AND THAT Council award the temporary stabilization measures to HRI Group Inc. in a base amount of $94,000 and a total amount of $99,000; AND THAT the appropriate By-law be brought forward for Council’s consideration. Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CAO-19/23 re License Agreement – Bradcranex Inc. – 21 Robinson Street, Port Burwell be received for information; AND THAT Council authorize the execution of a License Agreement between the Municipality and Bradcranex Inc. to permit access and use of 21 Robinson Street, Port Burwell, in support of stabilization and restoration efforts regarding the Port Burwell Lighthouse; AND THAT the appropriate by-law be brought forward for Council’s consideration. The By-laws to authorize the above directions are By-law Nos. 2023-023 and 2023-026, respectively. At its August 17, 2023 meeting, Council received Report CAO-47/23 re Cost Estimate – Restoration of the Port Burwell Lighthouse. The Report was appended with a cost estimate of $1.5 million for rehabilitation as prepared by a+LINK. Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-47/23 re Cost Estimate – Restoration of the Port Burwell Lighthouse be received for information; AND THAT discussion regarding the restoration of the Port Burwell Lighthouse be referred to the 2024-2033 Capital Budget Special meeting, scheduled for October 3, 2023 The Lighthouse item was subsequently included in the 2024-2033 Draft Capital Budget as Capital Item FA-08 (2025). Council approved in-principle that 2024-2033 Capital Budget on October 3, 2023. Lastly, at its November 2, 2023 meeting, Council received Report TR-16/23 re Consideration of the Establishment of a Lighthouse Reserve. Council passed the following motion: Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Staff Report TR-16/23 re Consideration of the Establishment of a Lighthouse Reserve be received for information; AND THAT the Dredging Reserve be repurposed as the Lighthouse Reserve; AND THAT the Lighthouse Reserve be used for the rehabilitation and/or future general maintenance requirements of the Port Burwell Lighthouse. DISCUSSION Staff met with a+LINK heritage consultants in January 2024 to discuss potential options for cost mitigation in light of the $1.5 million cost estimate provided in August 2023, and competing Council priorities and cost pressures. The cost estimate was received by Council on August 17, 2023 by way of Report CAO-47/23, and is attached hereto strictly for reference purposes. In regards to possible ways to reduce costs associated with a rehabilitation, there are a few but in the overall context, the savings may be minimal. Cladding/Exterior Envelope The Exterior Envelope as noted in the attached cost breakdown includes new cladding and the addition of weatherproofing. Options for cladding were discussed with a+LINK. The proposal as received by Council was a recladding with like materials (clapboard or similar). Council is aware that, in 2022, an RFP to reclad the Lighthouse was issued and withdrawn, which would have permitted consideration of other options for cladding, including Hardie board. In discussion with a+LINK, it was advised that while an alternative like Hardie board may be possible should Council choose to do so, Hardie board and similar products are heavier than clapboard, which would require increased bracing and structural considerations. There is unlikely to be any appreciable cost savings by using an alternative cladding, and it may in fact increase the overall cost. Estimated costs at this time are $165,000 + contingency and HST. Windows/doors, Flashing, Ventilation Refurbishment of the windows, doors, metal flashing, and ventilation are secondary in priority, and could be removed from the scope of work as primary attention is directed to the structure and the exterior envelope. The combined estimate for these items is $185,000, which could potentially be removed from the scope plus the applicable HST, along with the associated 10 percent contingency for these items. Total savings is potentially $203,500. Structure – Foundation and Wooden Superstructure The majority of the costs are associated with structural rehabilitation. This totals $725,000 of the $1.5 million in the estimate, or approximately 48 percent of the works. The proposal provided by a+LINK identifies a few potential approaches to the above-ground structural rehabilitation, but the majority of the work requires addressing the below-ground foundation rehabilitation to properly support the Lighthouse. In this regard, estimates are more difficult to refine, and cost savings are more difficult to find, without detailed engineering and construction drawings. The current estimate is a Class D estimate, which includes a wider contingency. Overall, a cost reduction of approximately 13.5 percent may be realized if the secondary items are removed from the project scope. Revised estimates, however, would still be approximately $1.3 million and the likelihood of the Municipality funding the rehabilitation without donations and/or substantial grant-level support and/or short-term debt allocation is low. ‘Shovel-Ready’ for Grants a+LINK is aware that limited funds have been allocated to-date to the Lighthouse rehabilitation. It was mentioned in discussion that pre-design, design, construction document work is recommended to make the rehabilitation more attractive to potential granting agencies. Many agencies look to support ‘shovel-ready’ projects, and the Lighthouse’s rehabilitation may be more palatable to a granting agency as a ‘shovel-ready’ project. The cost estimate identifies an estimated $91,880 in total works for pre-design, design, and preparation of construction documents. Preparation would also provide a more accurate estimate of potential costs as the type of estimate would be Class B instead of Class D. However, current reserve allocations will not fully cover these costs. The overage would have to come out of another reserve, or would be applied to the Municipality’s 2024 financial position in another manner. These works are not currently budgeted for in the Municipality’s Capital or Operating Budgets. Both budgets are very lean for 2024, and incurring spending over current reserve levels may lead to a deficit for the 2024 fiscal year unless savings can be sought elsewhere. Heritage Status Under the Heritage Act, 1974, as amended, designation of a property under Part IV may be executed by Council in accordance with Section 29 of same. Designation requires the passing of a by-law to designate lands or structures upon lands as having heritage or cultural significance. The by-law should also outline the heritage-defining characteristics as reasons for the designation, and shall be registered upon the title of the lands to which they apply. The specific language is as follows: “(14) After considering the report under subsection 12, the council without a further hearing shall, (a) Pass a bylaw designating the property and cause a copy of the by-law together with the reasons for the designation, (i) To be registered against the property affected in the proper land registry office, (ii) To be served on the owner and the Foundation, And publish a notice of such by-law in a newspaper having general circulation in the municipality;”2 The Municipality has been proceeding under the assumption that, after the Port Burwell Council- of-the-day adopted By-law No. 85-29, it was duly registered upon the title of the lands to which the By-law applies. However, upon title search, this does not appear to have been the case. This calls into question the status of the Lighthouse as a Part IV-designated heritage building. Alterations Regardless of status, however, under Section 33 of the Heritage Act, RSO 1990, cO 18, as amended, the owner of the lands and/or structures to which a Part IV designation applies may apply to municipal Council for permission to alter heritage-defining characteristics. Such consideration of a request of this nature is subject to Notice provisions and a comment period. If Council should decide at some juncture to rehabilitate the Lighthouse using materials and/or construction methods that may affect the heritage-defining characteristics of same, Council may ultimately make application to itself (for example, by way of a directed Report to Council outlining potential alterations), to which Council may agree and which would trigger the legislated notice and comment periods prior to a formal Council decision on the matter. Some information regarding alterations was originally included in Report CAO-36/22, which Council received on July 21, 2022, and alluded to the best practice of alterations “in keeping” with heritage characteristics while using different materials and/or construction methods. This noted, should Council wish alterations as described above, it may approve same in general as alterations do not have to be “in keeping”. Agreement Status and Liability By-law No. 2023-023 authorizes a License Agreement between the Municipality and the owners of the lands adjacent to the Lighthouse. This Agreement was drafted and accepted by both parties with a two (2)-year term, lapsing on April 14, 2025. Given that Capital Item FA-08 is a 2025 item and recognizing the ultimate scope of the rehabilitation if/when commenced, it would be prudent to extend the Agreement’s term to permit additional time to complete the works and also have the stabilization apparatus remain present on the site. Staff reached out to the other party to ascertain their interest, and were advised that they may be amenable to an extension until December 31, 2025. If both parties are amenable to an extension in support of the 2 Excerpt is Subsection 29(14) of the Heritage Act, 1974, SO 1974, c122. Retrieved from Osgoode Digital Commons, York University Lighthouse, an amending Agreement will be brought forward for Council’s consideration at a later date. It is worth noting that should additional time be required to complete the rehabilitation works or Council is desirous of deferring the rehabilitation to another year in the 10-Year Capital Plan, a further extension to the Agreement would have to be sought. If a longer extension or other arrangement is not finalized by the end of the above-noted License Agreement, the Municipality may be in a position to have to remove the Lighthouse due to owner’s liability. Council is aware of known structural deficiencies present in the Lighthouse, and it is reasonable to assume that deterioration is likely to continue until a rehabilitation occurs. Council is also aware that the Lighthouse Reserve’s net balance is approximately $55,000-60,000 at this time3, and a comprehensive rehabilitation will require substantially more than what is currently available. Council has not made any other allocations for this project, no reserve transfer exists in the draft Operating Budget or the approved Capital Budget, and no direction has been given to secure debt financing for the rehabilitation works. If the License Agreement were to lapse at some point in the future without the rehabilitation having been successfully completed, the Municipality may have to remove the existing stabilization apparatus, which may necessitate removal of the Lighthouse, or close the abutting stretch of Robinson Street and sidewalk to mitigate known risks associated with the structural deficiencies until the rehabilitation can be completed. Staff provide no recommendation on the preferred approach at this time. Staff’s recommendation for the above information is to receive for information. Should Council wish to provide any direction with respect to the proposed rehabilitation scope of work, funding for same, and/or any extension to the active License Agreement to permit access and works on/over the abutting lands, it may do so. STRATEGIC PLAN 1.2: Quality of Place > To develop policies, plans and strategies that continually enhance the visitor experience to Bayham, and increase the economic benefit of tourism to the community. Initiative(s): Rehabilitate the Port Burwell Lighthouse 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not applicable ATTACHMENTS 1. Lighthouse rehabilitation cost estimate, as provided to Council via Report CAO-47/23 3 Actual unaudited reserve balance anticipated to be provided to Council at February 15, 2024 meeting via Treasury Report. RECOMMENDATION 1. THAT Report CAO-03/24 re Port Burwell Lighthouse Status and Costing Update be received for information; 2. AND THAT Council provide direction regarding an extension and amending agreement to support continued stabilization and rehabilitation of the Lighthouse. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer Appendix 'B' RAF Summary 2201-74 (2238) Port Burwell 1.0 The following high level Class 'D' restoration budget was prepared by HRI with discussion with a+LiNK Architecture 2.0 Construction Restoration Estimate Notes Estimate has been prepared based on 2023 restoration costs. HST is additional to all costs 3.0 Construction Restoration Estimate Mobilization / Demobilization / General Conditions 175,000.00 Structural Foundation 450,000.00 Wood Superstructure 275,000.00 Exterior Envelope 165,000.00 Window and Door Restoration 80,000.00 Metal Roofing and Flashing 55,000.00 Building Ventilation 50,000.00 Construction Estimate Subtotal 1,250,000.00 Construction Contingency (10%)125,000.00 Subtotal 1,375,000.00 4.0 Design Fees Architectural, Heritage, and Structural Engineering 131,250.00 Breakdown % Pre Design 5.0 6,560.00 Design 15.0 19,700.00 Contruction Documents and Permit 50.0 65,620.00 Tender 5.0 6,560.00 Contract Administration 20.0 26,250.00 Project Closeout 5.0 6,560.00 Total Fees Breakdown 100.00 131,250.00 5.0 Construction and Design Estimated Costs 1,506,250.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-040 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN DAN FROESE FARMS INC. 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 Dan Froese Farms Inc. is the owner of lands in Concession 5 Part Lot 13 known municipally as 55091, 55111 and 55121 Jackson Line, in the Municipality of Bayham, County of Elgin; AND WHEREAS, on June 6, 2024, the Municipality of Bayham Committee of Adjustment granted Minor Variance Application A-08/24, including the condition that the owners execute a development agreement for the conversion of a one-storey permanent house barn to 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 Chief Administrative Officer be and are hereby authorized and directed to execute the Development Agreement with Dan Froese Farms Inc. fixed hereto and forming part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY OF JUNE 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-041 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE MUNICIPALITY AND JOHAN AND SARA JANZEN FOR THE CONSTRUCTION OF A PORTION OF UNION STREET, VIENNA (PART OF ROAD ALLOWANCE BETWEEN PLAN 54 LOTS 2 AND 3 W/S UNION STREET AND PLAN 54 LOTS 3, 8 TO 11 E/S UNION STREET) WHEREAS the Owners of lands, Johan and Sara Janzen, described in Schedule ‘A’ attached hereto and forming part of this By-law, have applied to the Municipality for permission to reconstruct that part of the said Union Street road allowance shown as PART 1 on Plan 11R-11216, described in Schedule ‘A’ attached hereto and forming part of this By-law, at the Owners’ expense in order to provide frontage and access to the lands of the Owners, AND WHEREAS the Council of The Corporation of the Municipality of Bayham is in agreement with the project proceeding subject to the conditions as set out in the Development Agreement attached hereto as Schedule ‘A’ and forming part of this By-law; AND WHEREAS the said Owners are in agreement with the terms and conditions as set out in the aforementioned Agreement and Council now deems it necessary to execute same. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule ‘A’ and forming part of this By-law between the Corporation of the Municipality of Bayham and Johan and Sara Janzen setting out the terms and conditions for the construction of Union Street as described in the said Agreement is hereby approved. 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the said Agreement. 3. THAT this Agreement shall come into full force and effect upon the date of its enactment. 4. THAT this Agreement shall be registered on title to the subject lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE 2024. __________________________________ __________________________ MAYOR CLERK 1 Schedule ‘A’ By-law No. 2024-041 DEVELOPMENT AGREEMENT UNION STREET ROAD CONSTRUCTION DEVELOPMENT AGREEMENT made in duplicate this ____ day of _________ 2024. BETWEEN: JOHAN and SARA JANZEN (hereinafter referred to as the “Owners”) of the First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the “Municipality”) of the Second Part WHEREAS the Owners are the owners of lands described as Plan 54 Pt Lots 2, 3 W/S Union Street identified municipally as 27 Union Street (Owners’ Lands); AND WHEREAS the Owners have been granted Consent Application E84-22 on February 23, 2023 for the purpose of creating one residential building lot requiring minimum 15 metre frontage on an open and maintained road; AND WHEREAS a traveled road allowance known as Union Street is maintained by the Municipality from its intersection with Fulton Street at its northerly termination, southward to a terminus of the traveled portion at the Owners’ Lands; AND WHEREAS the road allowance between Plan 54 Lots 2 and 3, W/S Union Street and Plan 54 Lots 3, 8 to 11 E/S Union Street contains an unopened road allowance portion beyond the terminus of the currently traveled and maintained portion of Union Street; AND WHEREAS the Owner has applied to the Municipality for permission to reconstruct that part of the said road allowance shown as PART 1 on Plan 11R-11216, which will have the effect of extending the traveled, maintained and constructed portion of Union Street farther to the south, at the Owners’ expense in order to provide road frontage and access to the Owners’ Lands for the creation of a lot and construction of a residential dwelling; AND WHEREAS the Municipality desires to enter into this Development Agreement to ensure the orderly construction and potential opening of the said proposed extension of Union Street and the installation of required municipal services; 2 NOW THEREFORE in consideration of the premises, the payment of the sum of Two Dollars ($2.00) of lawful money of Canada together with other good and valuable consideration by the Owners to the Municipality, the receipt and sufficiency of which is hereby acknowledged, the Owners and the Municipality hereby covenant and agree as follows: 1. CONSTRUCTION OF ROAD (a) The Owners agree to construct, at its sole responsibility, cost and expense a road on that part of the Union Street road allowance fronting Plan 54 Part Lots 2 and 3 W/S Union Street, more particularly described as Registered Plan of Survey Part 1 on Plan 11R-11216 attached hereto as Schedule ‘B1’. (b) The construction of the road shall be in accordance with the drawings prepared by Cyril J. Demeyere Limited, Consulting Engineers, dated October 30, 2023 Rev No. 02, Project No. 23021 (the “Accepted Drawings”), including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached hereto as Schedules ‘C1’ and ‘C3’. (c) The construction of the road must be carried out in accordance with good engineering practice and in a good workmanlike manner. Without limiting the generality of the foregoing, the construction must meet with the satisfaction of the Manager of Public Works of the Municipality at the Manager’s sole and unfettered discretion. (d) The Owners must obtain, at their sole cost and expense, all permits, approvals, road occupancy signage and any other permission or thing that may be required by the Municipality or any other authority of competent jurisdiction including, but not limited to, any Ministry approvals required from the Province of Ontario or permits required by any Conservation Authority, if applicable. (e) The Owners agree to be responsible for and to pay all costs and expenses associated with the construction of the said road and all matters related to the construction. Without limiting the generality of the foregoing, such costs and expenses include, but are not limited to, all design and consulting costs, including input, advice and any additional work that the said Manager of Public Works may, in his sole discretion, require from Spriet Associates London Limited. (f) The Owners hereby agree and acknowledge that no construction may proceed until all certificates of insurance and securities required by this Agreement have been provided to the Municipality and until all necessary permits and approvals have been obtained. 3 2. SANITARY SERVICES INSTALLATION The Owner shall ensure that the design and installation of the sanitary sewer to the newly created parcel described as Registered Plan of Survey Part 1 of 11R-11065 attached to this Agreement hereto as Schedule ‘B2’ will be in accordance with the Design and Construction Standards 2018 for the Municipality of Bayham, including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached to this Agreement hereto as Schedule ‘C2’. 3. WATER SERVICES INSTALLATION The Owner shall ensure that the design and installation of the water servicing to the newly created parcel described as Registered Plan of Survey Part 1 of 11R-11065 attached to this Agreement hereto as Schedule ‘B2’ will be in accordance with the Design and Construction Standards 2018 for the Municipality of Bayham, including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached to this Agreement hereto as Schedule ‘C2’. 4. ACCEPTANCE (a) Prior to any final inspection by the Manager of Public Works, the Owners shall provide a stamped letter from the Owners’ retained engineers indicating that the road construction, including all appurtenances and details shown on the Accepted Drawings, is complete. (b) The Manager of Public Works shall perform a final inspection of the road construction and provide written confirmation of the Municipality’s acceptance of the sufficiency of the road construction, or shall provide written notice of any deficiencies that must be rectified. (c) If any deficiencies are noted then a further final inspection shall be performed following the rectification of such deficiencies. (d) When the Manager of Public Works has provided written confirmation of the sufficiency of the road construction, Municipal staff shall recommend to Council that it pass a road opening By-Law for the purpose of adding the newly constructed portion over Part 1, Plan 11R-11216 to the Municipality of Bayham’s public highway system. (e) The Owners specifically acknowledge and agree that there is no guarantee that a By-Law opening Union Street over Part 1, Plan 11R-11216 will be passed by Council for the Municipality. In the event no such By-Law is passed, the Municipality shall not be responsible or liable for any claims, costs, damages, payments or any other amounts expended by the Owners arising out of this Agreement or in preparation for any potential dwellings or accessory buildings on the Owners’ Lands. 5. MAINTENANCE 4 (a) The Owners shall be responsible for all maintenance of the constructed road until final acceptance of the road construction with the passing and registration of a By-Law opening Union Street over Part 1, Plan 11R-11216 adding it to the public highway system. 6. SECURITIES (a) The Owners agree to deposit with the Municipality securities in the form and amount set out below to secure the performance of all of the obligations of the Owners pursuant to this Agreement (the Security). (b) The Security is to be deposited with the Municipality prior to commencement of any work on the said road, and will be held by the Municipality until: (i) Seventy-five percent (75%) of the Security shall be returned after a final construction inspection has been made by the Manager of Public Works and all work has been completed to his satisfaction, including rectification of any deficiencies. (ii) The remaining twenty-five percent (25%) of the Security shall be returned after a warranty period of one (1) year following registration of a By-law opening Union Street over Part 1, Plan 11R-11216. Should any maintenance or repair, save and except snow plowing, be required during the one (1) year warranty period, the Owners agree that the Municipality may draw upon the remaining twenty-five (25%) Security to complete such maintenance or repair. (c) The said Security will be in the amount of $39,269.21 (Thirty-Nine Thousand, Two Hundred and Sixty-Nine Dollars and Twenty-One Cents) representing 100 percent of the estimated cost inclusive of HST (ON) @ 13% provided by PBR Excavating Ltd., attached hereto as Schedule ‘A’ to this Agreement, and shall be in the form of a bank cheque, bank draft or Letter of Credit satisfactory to the Municipality. (d) It is understood and agreed that the Municipality may, in its sole discretion, draw all or make one or more partial draws on the securities for purposes of completing he construction of the road and all appurtenances thereto, including rectifying any deficiencies in the said work, including deficiencies that appear after completion of the said work during the warranty period. 7. ERECTION OF DWELLING (a) The Owners agree to construct the dwelling on the west side of the road allowance at a finished grade equal to or greater than the grade of the road. (b) The Owners acknowledge and agree that municipal water servicing and municipal sanitary servicing will be installed at the Owner’s expense to the Owners’ Lands. 5 (c) It is understood and agreed that: (i) The road frontage necessary for the Owners Lands to meet with the criteria for a building permit will not be satisfied until such time as the Municipality passes and registers a By-Law extending Union Street over Part 1, Plan 11R-11216 and designating as part of the open public highway system. (ii) An Occupancy Permit will not be issued for the said dwelling until all road construction works have been completed to the satisfaction of the Manager of Public Works for the Municipality. 8. PARKING OF VEHICLE The Owners agree that they will neither park vehicles nor permit vehicles to be parked on the finished road at any time in such a manner as to interfere with access by emergency vehicles or with road maintenance activities. 9. APPLICABLE LAW The Owners agree to comply with all applicable laws of all government bodies and agencies, including all by-aw and regulations, and to obtain and pay for all required permits. 10. PAYMENT OF COSTS AND FEES The Owners agree to pay all construction, survey, legal, permit costs and fees, including disbursements, all costs incurred by the Municipality including legal costs, preparation of this Agreement and any other costs associated with or in any way connected with this Agreement. 11. DISPUTE RESOLUTION (a) In the event of any dispute respecting the interpretation of this Agreement of the Municipality’s requirements, the matter shall be determined by the Manager of Public Works of the Municipality with respect to any issues relating to the construction of the road and by both the Chief Building Official and Drainage Superintendent with respect to any issue related to drainage and grades and subject to subparagraph (b) their respective decision shall be final. (b) Disputes between the Owners and the Municipality with respect to any provision of this Agreement, unresolved under subparagraph (a) above, shall be referred to arbitration in compliance with the provisions of the Arbitrations Act R.S.O. 1990, as amended, and in particular subject to the following requirements: (i) There shall be a single arbitrator agreeable to the Municipality and the Owners, unless both are not able to agree on a single arbitrator, in which case there shall be a panel of three arbitrators, with each of the Municipality and the Owners appointing one arbitrator and those two arbitrators appointing the third. 6 (ii) The decision of the arbitrator or arbitrators as the case may be, shall be final. (iii) The costs of the arbitration shall be borne entirely by the Owners. (iv) Notwithstanding the existence of any such disputes, the Municipality and the Owners shall continue to carry out their obligations under this Agreement in a timely fashion, and such carrying out of obligations shall be without prejudice to their respective rights under this Agreement. 12. INDEMNITY AND INSURANCE (a) Until the Municipality has finally accepted the road construction by a road opening By-Law, the Owners shall indemnify the Municipality, its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the road and other appurtenance construction performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all documentation submitted by or on behalf of the Owners in support of the acceptance of such plans, specifications and contract. Compliance with the insurance requirements of this Agreement shall not be construed as relieving the Owners from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. (b) The Owners agree to maintain insurance in sufficient amount and description as will protect the Owners and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Owners’ operations pursuant to this Agreement, including any act or omission of the Owners’ agents or employees while engage in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. (c) In addition to the foregoing, the Owners covenant and agree that: (i) The limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Five Million ($5,000,000.00) Dollars for each occurrence. (ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be materially changed (to the detriment of the Municipality) without at least thirty (30) days’ notice to the Municipality by registered mail. (iii) The Municipality shall be named as an additional insured and the policy shall include a provision for cross liability. 13. UNSATISFACTORY OR INCOMPLETE WORK (a) Upon any failure by the Owners to do any work or rectify any unsatisfactory work upon seven day’s written notice, the Manager of Public Works for the Municipality may procure same to be done at the Owners’ expense and all costs may be recovered from the Security held under this Agreement. In any case of emergency 7 affecting public safety, the said Manager of Public Works may act without notice or on such notice as is reasonable in the circumstances. Any realization of the Security against costs described in this subparagraph does not relieve the Owners of paying any amount of the Municipality’s costs that is not covered by the Security. (b) Notwithstanding that the Municipality may hold Security pursuant to this Agreement, in the event of a failure, neglect or refusal by the Owners to comply with this Agreement, the Municipality shall not be required nor obligated to: (i) Complete any of the works or services required by this Agreement; or (ii) Maintain any of the works or services required by this Agreement. 14. CONSTRUCTION LIENS (a) The Owners shall comply with all of the provisions of the Construction Act, R.S.O. 1990 c. C30, as amended from time to time and without limiting the generality of the foregoing, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the said Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. (b) The Owners shall, at their own expense, within ten (10) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990 c. C 30, which affect any lands of the Municipality, including public highways and road allowances, and which arise out of the performance of this Agreement by the Owners and their servants, employees, agents, contractors and subcontractors. Should the Owners fail or refuse to pay, discharge vacate or obtain and register a release of all charges, claims, liens and all preserved or perfected liens, then the Municipality may proceed to take any legal action available to it and the Owners hereby specifically agree to indemnify the Municipality of all of its costs associated with taking such legal action including its legal costs on a full indemnity scale. (c) The Manager of Public Works for the Municipality may at any time, authorize the use of all or part of the Security required pursuant to this Agreement, including bank cheque or letter of credit: (i) To pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990, c. C30, which affect any lands, including public highways and road allowances of the Municipality in the event the Owners default on the performance of this section, and (ii) To pay to the Municipality any amounts owing to it pursuant to this section. 15. ENTIRE AGREEMENT This Agreement is the entire Agreement between the Owners and the Municipality regarding the subject of this Agreement and it can be amended or supplemented only by a document executed in writing by both the Owners and the Municipality. 16. SEVERABILITY If any term of this Agreement is found to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from 8 the rest of this Agreement and the rest of this Agreement remains in force unaffected by that finding or by the severance of that term. 17. CONTEXT In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 18. GOVERNING LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario. 19. NO REPRESENTATIONS OR WARRANTIES It is acknowledged and agreed that the Municipality has made no representations or warranties whatsoever as to site conditions in the proposed development of the suitability of the site for the construction of a road. 20. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 21. NOTICE Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville ON N0J 1Y0 and to the Owners at: Johan and Sara Janzen 107 Highway 19 Tillsonburg ON N4G 4G9 Any notice may also be given by prepaid registered mail, and such notice shall be effective four (4) days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. 22. HEADINGS Headings contained in this Agreement are for reference purposes only and do not affect the meaning of this Agreement. 9 23. SUMMARY OF SCHEDULES SCHEDULE ‘A’ SPECIAL PROVISIONS – ESTIMATED COSTS & SECURITIES SCHEDULE ‘B1’ SURVEY 11R-11216 SCHEDULE ‘B2’ SURVEY 11R-11065 SCHEDULE ‘C1’ GRADING PLAN SCHEDULE ‘C2’ SERVICING PLAN SCHEDULE ‘C3’ ROADWORK PLAN IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals under the hands of their officers duly authorized in that behalf, and the individual parties have set their hands and seals. SIGNED, SEALED AND DELIVERED ) In the presence of: ) _____________________________ ) Johan Janzen, Owner ) ) ) _____________________________ ) Sara Janzen, Owner ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Ed Ketchabaw, Mayor ) ) ) _____________________________ ) Thomas Thayer, Chief Administrative Officer ) 10 SCHEDULE ‘A’ TO BY-LAW 2024-_____ Special Provisions Estimated Cost & Securities The following special provisions apply to this Agreement: 1. Capital and/or Development Charges Value: N/A 2. Performance Guarantee: a. Project to be completed on or before September 30, 2024 b. Letter of Credit or Bank Draft equal to the value of $39,269.21  25% Maintenance Security for Road Allowance Works in the amount of $9,817.30 required to be held by the Municipality until Owner and appointed Engineer’s clearances are provided to the Municipality and the Manager of Public Works accepts the works as complete at the end of the one-year warranty period. Performance Guarantee Calculations: Item 100% Security Based upon PBR Excavating Inc. Estimate dated May 28, 2024 Road cut and remove existing asphalt. Excavate and install 125mm sanitary service to property, core in to existing manhole includes rebenching and backfill trench with bedding. Excavate and install 25mm water service to property, live tap to municipal watermain and backfill. 10,235.59 Strip topsoil and prep area for street extension. Supply, place and compact granular A and B for new street extension. Supply and place rip rap at end of road. 11,567.92 Supply and install dead end barrier with checker board sign at the end of road. 4,500.00 Supply and install HL8 hot mix asphalt, compact/roll smooth to finished thickness of 50mm. Supply and install HL3 hot mix asphalt, compact/roll smooth to finished thickness of 40mm (Price based on site plan provided for the road restoration, driveway and turnaround not included) 8,448.00 SUBTOTAL $34,751.51 HST (ON) 13% 4,517.70 Total $39,269.21 11 SCHEDULE ‘B’ TO BY-LAW 2024-_______ Survey SCHEDULE ‘C1’ TO BY-LAW 2024 - ____ Grading Plan SCHEDULE ‘C2’ TO BY-LAW 2024-_____ Servicing Plan SCHEDULE ‘C3’ TO BY-LAW 2024-_____ Roadwork Plan THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-042 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A CONSTRUCTION AGREEMENT BETWEEN THE MUNICIPALITY AND PBR EXCAVATING INC. FOR THE CONSTRUCTION OF A PORTION OF UNION STREET, VIENNA (PART OF ROAD ALLOWANCE BETWEEN PLAN 54 LOTS 2 AND 3 W/S UNON STREET AND PLAN 54 LOTS 3, 8 TO 11 E/S UNION STREET) WHEREAS the Owners of lands, Johan and Sara Janzen, have applied to the Municipality for permission to reconstruct that part of the said Union Street road allowance shown as PART 1 on Plan 11R-11216, described in Schedule ‘A’ attached hereto and forming part of this By-law, and have contracted directly with PBR Excavating Inc. to perform the works at the Owners’ expense in order to provide frontage and access to the severed lands of the Owners, AND WHEREAS the Council of The Corporation of the Municipality of Bayham is in agreement with the project proceeding subject to the conditions as set out in the Development Agreement attached hereto as Schedule ‘A’ and forming part of this By-law; AND WHEREAS the said Contractor, PBR Excavating Inc., is in agreement with the terms and conditions as set out in the aforementioned Agreement and Council now deems it necessary to execute same. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule ‘A’ and forming part of this By-law between the Corporation of the Municipality of Bayham and PBR Excavating Inc. setting out the terms and conditions for the construction of Union Street as described in the said Agreement is hereby approved. 2. THAT the Mayor and Chief Administrative Officer be hereby authorized to execute the said Agreement. 3. THAT this Agreement shall come into full force and effect upon the date of its enactment. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE 2024. __________________________________ __________________________ MAYOR CLERK Schedule ‘A’ By-law No. 2024-042 DEVELOPMENT AGREEMENT UNION STREET ROAD CONSTRUCTION THIS AGREEMENT made in duplicate this ____ day of _____2024. BETWEEN: PBR EXCAVATING INC. (hereinafter referred to as the “Contractor”) of the First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the “Municipality”) of the Second Part WHEREAS the development of the extension at the southern terminus of the travelled portion of Union Street, Vienna, is a condition of Consent Application E84-22 by Johan and Sara Janzen and conditionally approved by the County of Elgin Land Division Committee on February 23, 2023; AND WHEREAS more particularly, the road allowance between Plan 54 Lots 8, 9, 10 E/S Union Street and Plan 54 Lots 2 and 3, W/S Union Street contains an unopened portion of road allowance beyond the terminus of the currently traveled and maintained portion of Union Street; AND WHEREAS the Municipality requires the extension of Union Street through the lands depicted as PART 1 on Plan 11R-11216, attached hereto as Schedule ‘A’, which will have the effect of extending the traveled, maintained and constructed portion of Union Street farther to the south to provide the required lot frontage on an open and maintained road; AND WHEREAS the Contractor has agreed to construct the Union Street extension to satisfy the condition of Consent; AND WHEREAS the Municipality desires to enter into this Agreement to ensure the orderly construction of the said proposed extension of Union Street; AND WHEREAS the Contractor has the skill, expertise and equipment necessary to construct the extension of Union Street; 2 NOW THEREFORE in consideration of the premises, the payment of the sum of Two Dollars ($2.00) of lawful money of Canada together with other good and valuable consideration by the Owners to the Municipality, the receipt and sufficiency of which is hereby acknowledged, the Owners and the Municipality hereby covenant and agree as follows: 1. GENERAL 1. The Municipality is a corporation incorporated pursuant to the Municipal Act, 2001 S.O. 2001 c. 25 and is governed by Council and operated by administration. 2. The Contractor is a corporation resident in Ontario and incorporated under the laws of the Province of Ontario and has represented to the Municipality that it has the requisite skill, ability, expertise, qualifications and equipment to carry on the Services. 3. Any and all Schedules attached hereto form an integral part of this Agreement. 4. OPSS.MUNI.100 General Conditions of Contract, to the extent that they are applicable given the context of the Construction and that they do not vary or conflict with contract documents in precedence, including this Agreement, are hereby incorporated into and form an integral part of this Agreement. 2. FEES AND DISBURSEMENTS 5. The Contractor shall be paid a fixed price (“Lump Sum”) for the construction of Union Street on and over the municipal lands identified as Part 1 on Plan 11R-11216 including all drainage elements associated therewith in the amount of Thirty-Nine Thousand Two Hundred Sixty-Nine Dollars and Twenty-one Cents ($39,269.21) inclusive of HST, as shown in the Cost Estimate attached hereto as Schedule ‘C’. For greater certainty, OPSS.MUNI.100 General Conditions 8.02.05 – Payment on a Time and Material Basis do not apply to this Agreement, save and accept that GC 8.02.05.11 shall apply to the fixed sum set out in this Agreement. 6. Payments under this Agreement will be made only after this Agreement has been duly executed by both parties and the municipality has accepted the Construction as set out in this Agreement. The Contractor shall provide detailed accounts for the Construction. If requested by the Manager of Public Works, the Contractor will make available to the Municipality such accounts, records, receipts, vouchers and documents for the purpose of substantiating its accounts. 3. TERM The Contractor shall carry out the Construction with the utmost dispatch and, subject to delays beyond its control, between the effective date of this Agreement and September 30, 2024. 4. TERMINATION The Municipality may terminate this Agreement at any time by providing the Contractor with thirty (30) days’ notice. 3 The Municipality may immediately terminate this Agreement upon giving notice to the Contractor where: (a) The Contractor breaches any provision of this Agreement, including but not limited to poor performance by the Contractor; (b) The Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the Contractor’s insolvency; (c) The Contractor, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the Municipality; (d) The Contractor assigns this Agreement without the consent of the Municipality; (e) The Contractor undergoes a change in control which adversely affects the Contractor’s ability to satisfy some or all of its obligations under this Agreement. 5. CONTRACTOR CONVENANTS The Contractor covenants as follows: (a) The Contractor shall construct an extension of Union Street on the municipal lands identified as Part 1 on Plan 11R-11216 (the “Construction”) which is attached hereto as Schedule ‘B’; (b) The Construction shall be in accordance with the drawings prepared by Cyril J. Demeyere, Consulting Engineers, dated October 30, 2023, Project 23021 (the “Accepted Drawings”), including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached hereto as Schedules ‘C1’, ‘C2’ and ‘C3’ and more generally shall conform to the Municipality’s Design and Construction Standards 2018. (c) The Construction must be carried out in accordance with good engineering practice and in a good workmanlike manner. Without limiting the generality of the foregoing, the construction must meet with the satisfaction of the Manager of Public Works of the Municipality at the Manager’s sole and unfettered discretion. (d) The Contractor must obtain, at its sole cost and expense, all permits, approvals, traffic control and/or road occupancy signage and any other permission or thing that may be required by the Municipality or any other authority of competent jurisdiction including, but not limited to, any Ministry approvals required from the Province of Ontario or permits required by any Conservation Authority, if applicable. (e) The Contractor hereby agrees and acknowledges that no construction may proceed until all certificates of insurance and securities required by this Agreement have been provided to the Municipality and until all necessary permits and approvals have been obtained. 4 (f) The Contractor shall comply with the Workplace Safety and Insurance Act requirements (WSIA) and Human Rights policies; (g) The Contractor shall obtain and keep current WSIB insurance and to provide the Municipality with proof of such insurance if requested; (h) The Contractor shall ensure that the persons in their organizations who deals with members of the public or other third parties receives training about the provision of goods or services to persons with disabilities as required by the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.11, as amended; (i) The Contractor shall supply at its sole cost and expense all staff, equipment, accommodations and technical assistance necessary to perform the Construction and assume all overhead expenses in connection with the Construction; (j) The Contractor shall co-operate with the Manager of Public Works and do all things necessary to enable the Manager of Public Works to evaluate the Construction as required. (k) The Contractor shall not employ any sub-consultants or sub-contractors without the express, prior, written approval of the Municipality. 6. ACCEPTANCE (a) Prior to any final inspection by the Manager of Public Works, the design engineers, being Cyril J. Demeyere Limited (or Municipality’s designate) shall be required to provide as-built drawings and a clearance letter indicating that the Construction, including all appurtenances and details shown on the Accepted Drawings, is complete and that the Construction meets all aspects of the Accepted Drawings and requirements of this Agreement. (b) The Manager of Public Works, or designate/agent, shall perform a final inspection of the road construction and provide written confirmation of the Municipality’s acceptance of the sufficiency of the road construction, or shall provide written notice of any deficiencies that must be rectified. (c) If any deficiencies are noted then a further final inspection shall be performed following the rectification of such deficiencies. 7. MAINTENANCE AND WARRANTY (a) The Contractor agrees that it shall perform any repairs or maintenance work determined to be necessary by the Municipality at the Manager of Public Works, or designate/agent’s, sole discretion for a period of one (1) year following acceptance. (b) A security amount equaling 25% of the estimated cost will be retained for the one (1) year warranty period and will be returned once the warranty period is 5 complete and final written acceptance provided by the Manager of Public Works. 8. APPLICABLE LAW The Owners agree to comply with all applicable laws of all government bodies and agencies, including all by-law and regulations, and to obtain and pay for all required permits. 9. DISPUTE RESOLUTION (a) This section supersedes OPSS.MUNI.100 GC 3.14. (b) In the event of any dispute respecting the interpretation of this Agreement of the Municipality’s requirements, the matter shall be determined by the Manager of Public Works of the Municipality with respect to any issues relating to the construction of the road and by both the Chief Building Official and Drainage Superintendent with respect to any issue related to drainage and grades and subject to subparagraph (b) their respective decision shall be final. (c) Disputes between the Contractor and the Municipality with respect to any provision of this Agreement, unresolved under subparagraph (a) above, shall be referred to arbitration in compliance with the provisions of the Arbitrations Act R.S.O. 1990, as amended, and in particular subject to the following requirements: (i) There shall be a single arbitrator agreeable to the Municipality and the Contractor, unless both are not able to agree on a single arbitrator, in which case there shall be a panel of three arbitrators, with each of the Municipality and the Contractor appointing one arbitrator and those two arbitrators appointing the third. (ii) The decision of the arbitrator or arbitrators as the case may be, shall be final. (iii) The costs of the arbitration shall be borne entirely by the Contractor. (iv) Notwithstanding the existence of any such disputes, the Municipality and the Contractor shall continue to carry out their obligations under this Agreement in a timely fashion, and such carrying out of obligations shall be without prejudice to their respective rights under this Agreement. 10. INDEMNITY AND INSURANCE (a) Until the Municipality has finally accepted the Construction, the Contractor shall indemnify the Municipality, its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, construction liens, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the road and other appurtenance construction performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all 6 documentation submitted by or on behalf of the Contractor in support of the acceptance of such plans, specifications and contract. Compliance with the insurance requirements of this Agreement shall not be construed as relieving the Owners from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. (b) The Contractor agrees to maintain insurance in sufficient amount and description as will protect the Contractor and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Contractor’s operations pursuant to this Agreement, including any act or omission of the Contractor’s agents or employees while engage in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. (c) In addition to the foregoing, the Contractor covenants and agrees that: (i) The limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Five Million ($5,000,000.00) Dollars for each occurrence. (ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be materially changed (to the detriment of the Municipality) without at least thirty (30) days’ notice to the Municipality by registered mail. (iii) The Municipality shall be named as an additional insured and the policy shall include a provision for cross liability. 11. UNSATISFACTORY OR INCOMPLETE WORK Upon any failure by the Contractor to do any work or rectify any unsatisfactory work upon seven (7) day’s written notice, the Manager of Public Works for the Municipality may procure same to be done at the Contractor’s expense and all costs may be recovered from any Security held by the Municipality for the purpose of the Construction, whether such Security is received from the Contractor or another entity or persons. In any case of emergency affecting public safety, the said Manager of Public Works may act without notice or on such notice as is reasonable in the circumstances. 12. CONSTRUCTION LIENS (a) The Contractor shall comply with all of the provisions of the Construction Act, R.S.O. 1990 c. C30, as amended from time to time and without limiting the generality of the foregoing, with regard to any permitted sub-contractor, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the said Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. (b) The Contractor shall, at its own expense, within ten (10) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register a release of all charges, claims, liens and all preserved or perfected 7 liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990 c. C 30, which affect any lands of the Municipality, including public highways and road allowances, and which arise out of the performance of this Agreement by the Contractor and its servants, employees, agents, contractors and subcontractors. Should the Contractor fail or refuse to pay, discharge vacate or obtain and register a release of all charges, claims, liens and all preserved or perfected liens, then the Municipality may proceed to take any legal action available to it and the Contractor hereby specifically agrees to indemnify the Municipality of all of its costs associated with taking such legal action including its legal costs on a full indemnity scale. (c) The Manager of Public Works for the Municipality may at any time, authorize the use of all or part of the Security for the Construction, including bank cheque or letter of credit: (i) To pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990, c. C30, which affect any lands, including public highways and road allowances of the Municipality in the event the Contractor default on the performance of this section, and (ii) To pay to the Municipality any amounts owing to it pursuant to this section. 13. ENTIRE AGREEMENT This Agreement is the entire Agreement between the Contractor and the Municipality regarding the subject of this Agreement and it can be amended or supplemented only by a document executed in writing by both the Contractor and the Municipality. 14. SEVERABILITY If any term of this Agreement is found to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that finding or by the severance of that term. 15. CONTEXT In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 16. GOVERNING LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario. 17. NO REPRESENTATIONS OR WARRANTIES It is acknowledged and agreed that the Municipality has made no representations or warranties whatsoever as to site conditions in the proposed development of the suitability of the site for the construction of a road. 8 18. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 19. NOTICE Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission or email to the Municipality at the following address: Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville ON N0J 1Y0 Fax: 519-866-3884 bayham@bayham.on.ca and to the Contractor at: PBR Excavating Inc. 47 Clearview Dr. Tillsonburg ON N4G 4G8 herman@pbrexcavating.com Any notice may also be given by prepaid registered mail, and such notice shall be effective four (4) days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. Any electronic notice shall be deemed to be served on the day it is sent provided that it is sent to the e-mail address herein noted. Any electronic notice sent after 4:30pm shall be deemed to be served on the following regular business day. 20. HEADINGS Headings contained in this Agreement are for reference purposes only and do not affect the meaning of this Agreement. 21. SUMMARY OF SCHEDULES SCHEDULE ‘A’ SURVEY SCHEDULE ‘B1’ GRADING PLAN SCHEDULE ‘B2’ SERVICING PLAN SCHEDULE ‘B3’ ROADWORK PLAN SCHEDULE ‘C’ PBR EXCAVATING ESTIMATED COST IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals under the hands of their officers duly authorized in that behalf, and the individual parties have set their hands and seals. 9 SIGNED, SEALED AND DELIVERED ) PBR EXCAVATING INC. ) ) ) ) _____________________________ ) Herman Peters, Owner ) ) ) I have authority to bind the corporation. ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Ed Ketchabaw, Mayor ) ) ) _____________________________ ) Thomas Thayer, ) Chief Administrative Officer ) ) We have authority to bind the ) Corporation 10 SCHEDULE ‘A’ TO CONSTRUCTION AGREEMENT PBR EXCAVATING INC. Survey SCHEDULE ‘B1’ TO CONSTRUCTION AGREEMENT PBR EXCAVATING INC. Grading Plan - CJDL SCHEDULE ‘B2’ CONSTRUCTION AGREEMENT PBR EXCAVATING INC. Servicing Plan - CJDL SCHEDULE ‘B3’ CONSTRUCTION AGREEMENT PBR EXCAVATING INC. Roadwork Plan - CJDL SCHEDULE ‘C’ TO CONSTRUCTION AGREEMENT PBR EXCAVATING INC. PBR Construction Cost Estimate THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z782-2024 PAGET 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 ‘A1’ Map No. 2 by changing the zoning symbol on the lands from ‘Rural Residential (RR)’ Zone to a ‘Site-Specific Rural Residential (RR-52)’ Zone, which lands are outlined in heavy solid lines and marked “RR-52” on Schedule ‘A1’ Map No. 2 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 7.13 Exceptions – Rural Residential (RR) Zone by adding the following clauses: 7.13.52.1 Defined Area RR-52 as shown on Schedule ‘A1’ Map No. 2 to this By-law. 7.13.52.2 Maximum Floor Area for Accessory Buildings 128.0 m2 for any new building/structure erected after the date of passing of this By-law. 120.0 m2 for the existing building/structure erected prior to the date of passing of this By-law. 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ A FIRST TIME AND SECOND TIME THIS 20TH DAY OF JUNE 2024. READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE 2024. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z783-2024 WILLOW HAWK FARMS 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 ‘A1’ Map No. 2 by changing the zoning symbol on the lands from ‘Agricultural (A1-A)’ Zone to a ‘Site-Specific Agricultural (A1-A-45)’ Zone, which lands are outlined in heavy solid lines and marked “A1-A-45” on Schedule ‘A1’ Map No. 2 to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exceptions – Agricultural (A1) Zone by adding the following clauses: 5.12.45.1 Defined Area A1-A-45 as shown on Schedule ‘A1’ Map No. 2 to this By-law. 5.12.45.2 Definition Assembly Hall, Wedding Venue, shall mean buildings and/or structures that are used for the social gathering of persons for weddings and receptions and may include the consumption of food and beverages. 5.12.45.3 Additional Permitted Uses An Assembly Hall, Wedding Venue as a site-specific On-Farm Diversified Use that is secondary to the principal agricultural use with a Maximum Floor Area of 617.0 m2, which includes the orchard pavilion, bathroom facility and storage shed, in addition to all other permitted uses in the A1- A Zone. A Farm Produce Outlet in a portion of an existing permanent building with a Maximum Floor Area of 76.0 m2, in addition to all other permitted uses in the A1-A Zone. 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 20TH DAY OF JUNE 2024. READ A THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE 2024. MAYOR CLERK May 31, 2024 Bayham Municipal Council Via Email Only Re: AMO Director Nomination Dear Municipal Council, Nominations for the AMO board of directors have opened. I was first elected to the AMO Board as a Director, Rural Caucus, in 2022. Since election, I have participated in 2 successful conferences and worked with AMO to deliver official comment to Government on a large number of topics directly affecting rural Ontario Municipalities. Topics we have considered, debated and made official comment on include, but are not limited to: Bill 185 – Cutting Red Tape to Build More Homes Act National Housing Strategy Ontario Health Care The Building Code Affordable Housing Property Tax Assessment Bill 2 – Affordable Homes and Good Jobs Act Transit Legislation Bill 150 – Planning Statute Law Amendment Energy Symposium Summary Development Charges Municipal Infrastructure And many more Throughout my term I have made every effort to attend all monthly meetings in addition to the conferences. During the AMO conferences, I have chaired two lunch and learns and I was able to meet with the Minister of Infrastructure during the 2023 AMO conference. This meeting came as a result of a very positive meeting during the ROMA conference earlier that year. These face to face meetings provided me with the opportunity to discuss Bayham’s water system and the importance of Provincial and Federal funding as it relates to our aging infrastructure. This position has also introduced me to Municipal partners all over our great Province and has opened doors to many worthwhile, positive discussions on how important lower tier Municipalities are to our communities, and the importance of having a voice at the table. Being a part of the decision making narrative has been very rewarding and essential to my personal growth and development as a Municipal leader in my community. For these reasons I am seeking re-election for the position of Director, Rural Caucus. In order for me to seek re-election, I do require support from Council by way of resolution. Thank you for your consideration, Rainey Weisler Deputy Mayor Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2024-043 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD JUNE 20, 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 June 20, 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 20th DAY OF JUNE, 2024. ____________________________ _____________________________ MAYOR CLERK