HomeMy WebLinkAboutDecember 19, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, December 19, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 4 Applications
The December 19, 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. John Cherewko & Mia Brown re HONK Presentation & Demo *not before 8:00 pm
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Special Meeting of Council held December 12, 2024
8. MOTIONS AND NOTICE OF MOTION
A. Councillor Chilcott re Donation to School Food Programs
B. Councillor Froese re Non Union Work From Home Policy
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
Council Agenda December 19, 2024
2
11.2 Reports to Council
A. Report PS-16/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award – RFT 04-24 Portable Washroom Supply, Placement and Cleaning for
2025-2028
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Proposed ZBA-26/24 Weber
B. Notice of Public Meeting re Proposed ZBA-27/24 & OPA-04/24 1498855 Ontario Inc.
(Emerson)
C. Notice of Public Meeting re Proposed ZBA-28/24 Abell
D. Notice of Public Meeting re Proposed ZBA-29/24 Gloin & Grube
E. Notice of Public Meeting re Proposed Minor Variance A-23/24 Augustine
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-14/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award – North Street Municipal Drain
B. Report DS-88/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E2-25 1830567 Ontario Inc. 55942 Maple Grove Line
C. Report DS-89/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E3-25 Harms 20 Elm Street
D. Report DS-90/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E5-25 Hiebert 9215 and 9217 Alward Street
E. Report DS-91/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Residential
Maximum Building Height Regulations
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Bradford West Gwillimbury re Ontario Deposit Return Program
B. Municipality of St. Charles re Ontario Deposit Return Program
C. Emergency Management Ontario re Ontario’s Public Education Strategy for Emergency
Management
D. Ministry of Municipal Affairs and Housing re Proposed Municipal Accountability Act, 2024
Council Agenda December 19, 2024
3
E. Joint Board of Management re September 4, 2024 Meeting Minutes
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CL-12/24 by Meagan Elliott, Clerk re Social Media Policy
B. Report CL-13/24 by Meagan Elliott, Clerk re Facility Rental Policy
C. Report CAO-57/24 by Thomas Thayer, CAO re Disposition of Parts 1 and 2 – Plan 11R-
10901 John Street
14. BY-LAWS
A. By-law No. 2024-074 Being a by-law to provide for an interim tax levy
B. By-law No. 2024-075 Being a by-law to authorize borrowing from time to time to
meet current expenditures during the fiscal year ending December 31, 2025
C. By-law No. 2024-076 Being a by-law to convey part of John Street in the
Municipality of Bayham, in the County of Elgin, designated as Parts 1 and 2 on Registered
Plan 11R-10901
D. By-law No. 2024-077 Being a by-law to establish and require the payment of rates
and fees
E. By-law No. 2024-078 Being a by-law to adopt a facility rental policy
F. By-law No. 2024-079 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Froese Excavating Ltd. for
North Street Drain works
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-080 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
Parking, transformed.
Smarter parking starts here.
www.honkmobile.com
Municipality of Bayham, ON
December 19, 2024
HONK Presentation & Demo by John Cherewko & Mia Brown
Founded and based in Toronto, HONK has led the industry with
software and payments for parking & mobility since 2013.
Our customers include private parking operators, colleges &
universities, municipalities, event venues, airports, hospitals and more.
HONK is trusted by thousands of parking operators and millions of
drivers across North America.
WHO WE ARE
MEET SOME OF OUR CUSTOMERS
PRIVATE OPERATORS COLLEGES &
UNIVERSITIES MUNICIPALITIES
WHY HONK?
Simplified management
Smooth user experience
Full suite of products
Self Serve Back Office
EXPERIENCE THE HONK ADVANTAGE
Simplify payment
Make paying for
parking effortless
Streamline operations
Use DIY tools for
efficient management
Save costs
Replace hardware with
flexible software
Maximize profit
Sell all products from
one convenient platform
Improve scalability
Enjoy unlimited
business growth
YOUR COMPLETE PARKING PACKAGE
PAYMENT CHANNELS
HONKTAP HONKTEXT HONKAPP HONKWEB
DAILY/HOURLY LONG-TERM RESERVATIONS EVENTS FLEXPASS VALIDATIONS EV CHARGING
& MORE
TRANSACTION TYPES
ALL-IN-ONE MANAGEMENT
SELF-SERVICE ADMINISTRATION FINANCIAL REPORTING BUSINESS INTELLIGENCE
TRY ME!
HONK DEMO PARKING
PAY HERE
SCAN QR CODE
TAP LINK TO PAY
TEXT JD1 TO 75498
OR
1
2
PAYMENTS IN ACTION: SIGNAGE THAT WORKS
HONK ENFORCEMENT TOOL
Included in HONK App bundle
Android App or web browser
Color coded expiry
Search bar enabled
Embrace a vertically integrated payments platform featuring proprietary technology.
UNRIVALED PAYMENTCAPABILITIES & INTEGRATIONS
Tap into top-tier industry partners
World-class securityAccept all digital payment types
COMPLETE CONTROL OFYOUR PARKING OPERATIONS
Manage all operations from a single dashboard.
Self-service tools
Set and manage rates, promo codes, events, and more.
Business intelligence
Analyze performance and compare with historical data.
Financial reporting
Get real-time access to all reporting, company-wide.
companyuser@gmail.com
●Self-service administration and rate configuration
●Promo code, event rate & validation management
●Permit and pass management
●Real-time insight into performance
●Financial reporting
●Open API’s & integrations
YOUR DATA. YOUR WAY.
We know parking requires flexibility – With HONK’s add-ons, you’re in control.
With HONK you’re in the driver’s seat…
We just help you get there.
ADDITIONAL SOLUTIONS
FLEXPASS | PARKING MADE FLEXIBLE
Flexible and adaptable solutions for every parking need.
Flexibility defined
Set multitude of parameters for
purchase and redemption.
Upfront fee collection
Collection of revenue on
your timeline.
Real-time usage data
Get purchase, usage and
remaining session data.
PURCHASEPASS
VIA
WEB BROWSER
OR
REDEEMPASS
1 2
HONK PERMITAPPROVAL PORTAL
Permit approvals – simplified, and on your terms.
Digitized records
Removes the need for printed forms,
postage and physical permits.
Approved documents
Allow 1-2 documents of your
choosing for virtual upload.
Wider white label access
Embed weblink on any
publication for higher adoption.
Let’s drive parking payments together.
www.honkmobile.com
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SPECIAL COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, December 12, 2024
7:00 p.m.
The December 12, 2024 Council 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
BY-LAW ENFORCEMENT OFFICER MARK RUSSELL
MANAGER OF CAPITAL PROJECTS /
WATER/WASTEWATER ED ROLOSON
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
CAO Thayer reminded everyone of the Christmas Holiday Schedule for the Municipal Office.
Residents were also reminded that the 2024 garbage tags do expire and that you can pick up
your 2025 tags from the Municipal Office.
Councillor Chilcott reminded residents of the Straffordville Santa Claus parade on Saturday,
December 14, 2024 at 10:30 am. Councillor Chilcott also announced that the Straffordville Fire
Station is accepting non-perishable food donations.
Mayor Ketchabaw congratulated Ed Roloson on receiving 30 years of service with the
Municipality of Bayham.
5. PRESENTATIONS
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
Council Minutes December 12, 2024
2
A. Regular Meeting of Council held November 21, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the minutes from the Regular Meeting of Council held November 21, 2024 be
approved as presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report PS-15/24 by Ed Roloson, Manager of Capital Projects & Water/Wastewater re
Ontario Regulation 453/07 – Municipality of Bayham Water System Financial Plan
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report PS-15/24 re Ontario Regulation 453/07 – Municipal Water System Financial
Plan be received for information;
AND THAT The Council of The Corporation of the Municipality of Bayham approves the
Municipality of Bayham Water System Financial Plan, as prepared by Watson &
Associates Economists Ltd. and dated November 18, 2024;
AND THAT staff be directed to submit the Municipality of Bayham Water System Financial
Plan by no later than December 31, 2024 to the Ministry of Municipal Affairs and Housing
as well as the Ministry of the Environment, Conservation and Parks satisfying the
requirements as set out in the Safe Drinking Water Act, 2002;
AND THAT the Municipality of Bayham Water System Financial Plan be made available
for public viewing on the Municipality’s website.
CARRIED
Council Minutes December 12, 2024
3
B. Report BL-07/24 by Mark Russell, By-law Enforcement Officer re Appointment of Parking
Enforcement Officers
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report BL-07/24 re Appointment of Parking Enforcement Officers be received for
information;
AND THAT Steve Adams and Jamie Pilkey be appointed as By-law Enforcement Officers
for the purpose of enforcing overnight parking in accordance with the Municipality’s Traffic
and Parking By-law No. 2016-038;
AND THAT the appropriate appointment by-law be brought forward for Council’s
consideration.
CARRIED
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re ZBA-26/24 Weber
B. Notice of Public Meeting re ZBA-27/24 & OPA-04/24 1498855 Ontario Inc. (Emerson)
C. Notice of Public Meeting re ZBA-28/24 Abell
D. Notice of Public Meeting re ZBA-29/24 Gloin
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT items 12.1.1 A – D be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Township of Essa re Fair Share of Provincial and Federal Government Financial Support
B. Municipality of Wawa re Ontario Building Code
C. Township of Terrace Bay re Ambulance Shortages and Healthcare System Issues
Council Minutes December 12, 2024
4
D. Township of Terrace Bay re Billy Bishop Airport Service
E. Northwestern Ontario Municipal Association re Billy Bishop Airport Service
F. Municipal Engineers Association re New Board of Directors
G. Ministry of Municipal Affairs and Housing re Additional Residential Units
H. Elgin OPP Detachment Board re November 13, 2024 Draft Minutes
I. Elgin County re November 26, 2024 County Council Highlights
J. Long Point Region Conservation Authority re November 6, 2024 Hearing Board Meeting
Minutes
K. Long Point Region Conservation Authority re November 6, 2024 Board Meeting Minutes
L. Long Point Region Conservation Authority re November 13, 2024 Board Budget Meeting
Minutes
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT items 13.1.1 A – L be received for information;
AND THAT the Municipality of Bayham supports item 13.1.1 A;
AND THAT staff be directed to report back with further information contained in the
correspondence of item 13.1.1 G.
CARRIED
13.1.2 Requiring Action
A. Elgin OPP Detachment Board re Request for Contribution to the Elgin OPP Detachment
Board During Inaugural Phase
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the correspondence from Elgin OPP Detachment Board re Request for Contribution
to the Elgin OPP Detachment Board during Inaugural Phase be received for information;
AND THAT staff be directed to contribute $5000 to the Elgin OPP Detachment Board.
CARRIED
B. Long Point Region Conservation Authority re 2025 Draft Budget
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
Council Minutes December 12, 2024
5
THAT the correspondence from the Long Point Region Conservation Authority re 2025
Draft Budget be received for information.
CARRIED
C. Deb Marlatt re Rental Rate Clarity
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT the correspondence from Deb Marlatt re Rental Rate Clarity be received for
information.
CARRIED
13.2 Reports to Council
A. Report CL-10/24 by Meagan Elliott, Clerk re Rates and Fees Update for 2025
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report CL-10/24 re Rates and Fees Update for 2025 be received for information;
AND THAT the proposed changes to the rates and fees contained within this report be
approved as presented;
AND THAT the appropriate Rates and Fees By-law be brought forward for enactment at
the December 19, 2024 Regular Meeting of Council;
AND THAT amendments to the Facility Rental Policy be brought forward for Council’s
consideration.
CARRIED
B. Report CL-11/24 by Meagan Elliott, Clerk re Hours of Operation – Lunch Hour Closure
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT Report CL-11/24 re Hours of Operation – Lunch Hour Closure be received for
information;
AND THAT this item be deferred until March 2025 to collect additional data.
CARRIED
C. Report CAO-55/24 by Thomas Thayer, CAO re Disposition of Parts 1 and 2 Plan 11R-
10901 John Street
Council Minutes December 12, 2024
6
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report CAO-55/24 re Disposition of Parts 1 and 2 – Plan 11R-10901 – John Street,
Vienna be received for information;
AND THAT Parts 1 and 2 on Plan 11R-10901, being part of John Street, Vienna, be
stopped up and closed, and prepared for conveyance to the abutting land owners at the
value approved by Council;
AND THAT the appropriate by-laws to stop-up and close Parts 1 and 2 on Plan 11R-
10901, being part of John Street, Vienna, be brought forward for Council’s consideration.
CARRIED
D. Report CAO-56/24 by Thomas Thayer, CAO re 2025 Insurance Renewal
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report CAO-56/24 re 2025 Insurance Renewal be received for information;
AND THAT the 2025 Municipal Insurance Program be obtained from Marsh Canada
Limited at a total premium of $220,387 plus applicable taxes.
CARRIED
14. BY-LAWS
A. By-law No. 2024-062 Being a by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the North Street Drain (third
reading)
B. By-law No. 2024-071 Being a by-law to stop up and close part of John Street in
the Municipality of Bayham, in the County of Elgin, designated as Parts 1 and 2 on
Registered Plan 11R-10901
C. By-law No. 2024-072 Being a by-law to amend By-law No. 2024-050 being a by-
law to appoint municipal officers and employees for the Municipality of Bayham
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT By-law No. 2024-062 be given a third and final reading.
CARRIED
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
Council Minutes December 12, 2024
7
THAT By-law No. 2024-071 and 2024-072 be read a first, second and third time and finally
passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-073 Being a by-law to confirm all actions of Council
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Confirming By-law No. 2024-073 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 8:24 p.m.
CARRIED
MAYOR CLERK
Motion
Pursuant to the Municipality of Bayham’s Procedural By-law No. 2023-021, a Motion or Notice
of Motion may be proposed by a Member of Council and included on a Regular Session
Agenda for discussion and Council consideration.
A Motion will require a Seconder prior to consideration.
___________________________________________________________________________
Donation to School Food Programs
Moved by: Councillor Chilcott
Seconded by:
WHEREAS the cost of living continues to rise causing many families to not be able to afford
basic necessities like groceries;
AND WHEREAS school food programs are in place to help provide children with food while at
school;
AND WHEREAS the Straffordville Public School and Port Burwell Public School have a food
program in place;
AND WHEREAS the Municipality of Bayham is desirous of providing support to these school
food programs;
THEREFORE BE IT RESOLVED THAT the remaining funds in the Municipal Assistance line
of $1000 be donated equally to the Straffordville Public School and Port Burwell Public School
food programs before the end of 2024.
Motion
Pursuant to the Municipality of Bayham’s Procedural By-law No. 2023-021, a Motion or Notice
of Motion may be proposed by a Member of Council and included on a Regular Session
Agenda for discussion and Council consideration.
A Motion will require a Seconder prior to consideration.
___________________________________________________________________________
Non Union Work From Home Policy
Moved by: Councillor Froese
Seconded by:
WHEREAS the COVID-19 pandemic resulted in a number of municipal staff across Ontario to
work from home;
AND WHEREAS the ability to work from home was applicable for some Bayham Staff to
continue to provide service during the pandemic;
AND WHEREAS Council for the Municipality of Bayham adopted a Non Union Work From
Home Policy on August 19, 2021 to formalize this ability to work from home;
AND WHEREAS the pandemic is now ended and all staff are back working in the office;
THEREFORE BE IT RESOLVED THAT the Non Union Work From Home Policy be repealed.
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: December 19, 2024
REPORT: PS 16/24
SUBJECT: TENDER AWARD – RFT 04-24 – PORTABLE WASHROOM SUPPLY,
PLACEMENT, AND CLEANING FOR 2025-2028
BACKGROUND
On November 18, 2024 staff posted RFT 04-24 for Supply, Placement, and Cleaning of Accessible
portable Washrooms for a multi-year term of 2025 through 2028.
The following list represents the proposed 2025 locations.
Accessible Regular
Port Burwell East Beach, 1 Robinson Street, Port Burwell 1 Unit 2 Units
Vienna Memorial Park, Plank Road, Vienna 1 Unit
Vienna Community Park, 17 Ann St. Vienna 1 Unit
Straffordville Ball Park, 56169 Heritage Line, Straffordville 1 Unit 2 Units
Richmond Ball Park, Church Street, Richmond 1 Unit
Corinth Park, Best Line, Corinth 1 Unit
Eden Community Park, 56595 Eden Line 1 Unit
Additional units may be required for festivals, etc.
DISCUSSION
The current Agreement No. 0602 with Affordable Portables, which was purchased in 2023 by
Environmental E360 Solutions Ltd., is set to expire on December 31, 2024. Locations provided with
in the current RFT were based on the same location from previous Agreement with the exception of
a couple new areas.
Staff included with in the RFT the costing for the following items:
Monthly Regular Units
Monthly Accessible Units
Daily/Weekly Rental Prices
Extra Cleaning Cost
24/7 Emergency Service
Staff closed the RFT on December 10, 2024 at 11am with three bids received. Bids were opened by
the Manager of Public Works, and Clerk. The following chart indicates RFT submissions prices:
RFT-04-24 Tender Results
Castle Sanitation Environmental 360
Solutions
Stealth Environmental
Monthly Regular Unit $ 190.00 $ 110.00 $ 220
Monthly Accessible Unit $ 240.00 $ 175.00 $ 270
Weekly Cleaning Fee 4 Included in Cost 4 included in cost 4 included in cost
Daily Rental Per unit $ 90 $ 110 $ 100
Additional Weekly Per unit $ 190 $ 110 $ 100
Extra Cleaning Per unit $ 40 $ 30.00 $ 75
24/7 Service Call Out $ 80 $ 150.00 $ 150.00
*Prices excludes HST
Based on the 2024 agreement prices, emergency call-outs, and additional pump-outs, the
Municipality would see an increase of 2.4 percent in 2025-2028. Environmental 360 Solutions
submitted a very aggressive bid likely to obtain additional long-term business as this contract will
take us to 2027 before a 1.5% increase will be implemented for 2028.
In 2025, a budget allocation between $12,000 and $14,000 annually for portable toilets and clean-
outs at all locations will be required. In 2024, Council reduced the number of available portable
toilets due to budget constraints. The RFT does not include these eliminated portable toilets. Based
on 2024 operations, staff are of the opinion that these toilets are not required at this time. Any
additional units requested will incur a cost of approximately $1,100 for a six-month period per unit.
Staff recommends moving forward with tendered costs.
STRATEGIC PLAN
3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community.
Initiative(s): Not applicable
ATTACHMENTS
1. RFT 04-24 Portable Washroom Supply, Placement and Cleaning 2025-2028
RECOMMENDATION
1. THAT Report PS-16/24 re Tender Award – RFT 04-24 – Portable Washroom Supply,
Placement, and Cleaning for 2025-2028;
2. AND THAT 2025-2028 Portable Washroom be awarded to Environmental E360 Solutions
Ltd. in accordance with their tender submission;
3. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring
forward a by-law to enter into an agreement with Environmental E360 Solutions Ltd. for the
provision of 2025-2028 Portable Washroom Supply, Placement, and Cleaning.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC
Manager of Public Works| Chief Administrative Officer
Drainage Superintendent
ZBA-26/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM MEETING RESCHEDULED FROM DECEMBER 5, 2024 APPLICANT: QUINN WEBER LOCATION: 53867 HERITAGE LINE, RICHMOND
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-26/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 19th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public Planning Meetings may be viewed virtually through
the live-stream on the Municipality of Bayham’s YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit a reduced
Lot Frontage of 19.9 metres and a reduced Lot Area of 755.0 m2. The portion of the lands to be rezoned only pertains to the Retained Lot (Parcel ‘E’) as part of the Consent Application (E27-24) that was approved by the Elgin Land Division Committee. The subject property is known as 53867 Heritage Line, south side, and east of Richmond Road.
THE EFFECT of this By-law is to permit a reduced Minimum Lot Frontage and Minimum Lot Area
for the proposed Retained Lot (Parcel ‘E’) as part of clearing the Consent Conditions of Approval for Elgin Land Division Committee file number E27-24 that was Conditionally Approved on April 24th, 2024.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments may be submitted on or before 12:00 Noon on Thursday, December 19, 2024 to munderhill@bayham.on.ca or at the municipal office or presented in person at the meeting.
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 11th day of December 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Hamlet of Richmond
OPA-04/24 and ZBA-27/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED
OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: 1498855 ONTARIO INC. (C/O TIMOTHY EMERSON) LOCATION: 92 EDISON DRIVE, VILLAGE OF VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for an Official Plan Amendment (OPA-04/24) and Zoning By-law Amendment (ZBA-27/24), the County of Elgin is the Approval Authority for Official Plan Amendments.
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 19th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed combined Official Plan and Zoning By-law Amendment under Sections
17 and 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 combined Official Plan and Zoning By-law Amendment is to permit the proposed Micro
Distillery use with ancillary Retail and Event space on private services within an existing building on the subject property known as 92 Edison Drive, north side, in the Village of Vienna. Through the Official Plan Amendment, the south-western portion of the subject property will be designated from the ‘Open Space’ and ‘Hazard Lands’ designation to the ‘Commercial’ designation. Through the Zoning By-law Amendment, the south-western portion of the subject property will be rezoned from the current ‘Holding Village Residential 1 (R1(h2))’ Zone to a ‘Holding Site-Specific Tourist Commercial (C3-XX(h2))’ Zone, limiting the proposed use to a Maximum Floor Area of 450.0 m2 (4,843.76 ft2).
THE EFFECT of this combined Official Plan and Zoning By-law Amendment is to permit the proposed Micro
Distillery business with ancillary Retail and Event space on private services for a Maximum Floor Area of 450.0 m2 (4,843.76 ft2) within an existing building 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 submitted on or before 12:00 Noon on Wednesday, December 11, 2024 to munderhill@bayham.on.ca or at the municipal office will 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 and approval of the proposed Official Plan and Zoning By-law Amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed Official Plan and Zoning By-law Amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 29th day of November 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-28/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM APPLICANT: BARB AND KEVIN ABELL LOCATION: 54437 VIENNA LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-28/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 19th, 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 facilitate the development of a detached accessory building for an Additional Residential Unit (ARU), seeking relief from the following provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is 74% (139.4 m2 or 1,500.5 ft2 in size) of the primary dwelling unit (188.0 m2 or 2,023.6 ft2 in size), whereas 40% (75.2 m2 or 809.4 ft2) is the requirement; and,
• Section 4.59.f) to permit an ARU that is located 61.1 metres (200.1 ft) from the primary dwelling unit, whereas 40.0 metres (131.2 ft) is the requirement.
The subject property is known as 54437 Vienna Line, south side, and east of Woodworth Road.
THE EFFECT of this By-law is to facilitate the development a detached accessory building for an ARU that exceeds the maximum permitted floor area and the maximum distance from the primary dwelling unit.
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 submitted on or before 12:00 Noon on Wednesday, December 11, 2024 to munderhill@bayham.on.ca or at the municipal office will 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 29th day of November 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-29/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM APPLICANT: WILLIAM GLOIN AND LILA GRUBE LOCATION: 56704 EDEN LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-29/24).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 19th, 2024, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit the development of an accessory detached garage on the subject property for the storage of a mobile home trailer and personal belongings, which requires relief from the following provisions:
• Section 9.5.1 to permit a Maximum Height of 5.3 metres (17.4 ft), whereas 4.5 metres (14.8 ft) is required; and,
• Section 9.7 to permit a Maximum Floor Area of 93.0 m2 (1,001.0 ft2), whereas 75.0 m2
(807.3 ft2) is required.
The subject property is known as 56704 Eden Line, north side, and west of Plank Road.
THE EFFECT of this By-law is to permit a new accessory building (detached garage) that exceeds the Maximum Height and Maximum Floor Area requirements for the storage of a mobile home
trailer and personal belongings.
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 submitted on or before 12:00 Noon on Wednesday, December 11, 2024 to munderhill@bayham.on.ca or at the municipal office will 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 29th day of November 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham
56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Hamlet of Eden
A-23/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: RYAN AND ADRIENNE AUGUSTINE LOCATION: 57873 CARSON LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-23/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on December 19th, 2024, at 6:45 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance
to Zoning By-law No. Z456-2003 under Section 45 of The Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the development of a detached accessory building for an Additional Residential Unit (ARU), seeking relief from the following provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is 61.5% (116.0 m2 or 1,248.6 ft2 in size) of the primary dwelling unit (188.8 m2 or 2,032.2 ft2 in size),
whereas 40% (75.5 m2 or 812.9 ft2) is required; and,
• Section 4.59.f) to permit an ARU that is located 75.0 metres (246.1 ft) from the primary
dwelling unit, whereas 40.0 metres (131.2 ft) is required.
The subject property is known as 57873 Carson Line, south side, and west of Plank Road.
THE EFFECT of this variance will be to facilitate the development a detached accessory building
for an ARU that exceeds the maximum permitted floor area and the maximum distance from the primary dwelling unit.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted to the undersigned by 9:00 am on December 19th, 2024, to be provided to the Committee of Adjustment prior to the meeting.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office.
Dated at the Municipality of Bayham this 9th day of December 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: December 19, 2024
REPORT: DR-14/24 SUBJECT: TENDER AWARD – NORTH STREET MUNICIPAL DRAIN
BACKGROUND
The purpose of this Report is to recommend the acceptance of the lowest complaint tender bid
for the provision of drainage works for the construction of the North Street Drain in Vienna.
The final reading was given to Provisional By-Law No. 2024-062 that provides for the
construction of the North Street Municipal Drain on December 12, 2024.
The estimated cost of construction as per the Engineers Report No. 224032 is
$168,630.00+HST.
Tender forms were prepared by Spriet Associates. The tender invite notice provided for a
closing date of December 10, 2024 at 11am. The tenders were opened in the presence of the
Manager of Public Works|Drainage Superintendent and Clerk. The following tenders were
received:
1. Van Bree Drainage (received Tender Form and a Bid Bond in the amount of 10% total
tender price) tender in the amount of $215,579.28+HST to commence work on or before
January 15, 2025 and to complete work on or before March 15, 2025.
2. Murray Mills Excavating & Trucking (received Tender Form and a Bid Bond in the
amount of 10% total tender price) tender in the amount of $269,383.00+HST to
commence work on or before January 13, 2025 and to complete work on or before
February 14, 2025.
3. Cassidy Construction (received Tender Form and Bid Bond in the amount of
10% of Tender price) tender in the amount of $143,744.00+HST to commence work on
or before January 6, 2025 and to complete work on or before March 1, 2025.
4. Froese Excavating Ltd. (received Tender Form and Certified Cheque in the amount of
$14,500.00) tender in the amount of $132,944.50+HST to commence work on or before
January 31, 2025 and to complete work on or before February 28, 2024
DISCUSSION
The Engineer’s estimated cost for construction of the works as contained within the Report is
$168,630.00. Section 59(1) of the Drainage Act states that where the contract price exceeds
133% of the engineer’s estimate of the contract price, Council of the initiating municipality is
required to call a meeting to deal with the necessary modifications. The lowest compliant tender
bid amount was $132,944.50 + HST, which is under 133% of the Engineers estimate; therefore,
the tender of the lowest compliant bidder can be accepted.
All expenses related to the construction work and engineering fees for the North Street
Municipal Drain will be covered by the original petition applicants. This means that the
applicants who requested the project will bear the full financial responsibility. The project has
been discussed with the contractor, and the start date for construction could potentially be as
early as before the end of December 2024.
Staff recommend awarding the North Street drainage works to Froese Excavating Ltd.
STRATEGIC PLAN
Not applicable.
RECOMMENDATION
1. THAT Report DR-14/24 regarding the North St. Drain Award Contract be received for
information;
2. AND THAT the Council of The Corporation of the Municipality of Bayham accept the
tender for the North Street Drain, as submitted by Froese Excavating Ltd., in the
amount of $132,944.50 + HST, with work to commence on or before January 31,
2025 and be completed on or before February 28, 2025;
3. AND THAT a by-law to authorize the execution of contract documents with Froese
Excavating Ltd. be presented to Council for enactment
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC
Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: December 19, 2024
REPORT: DS-88/24 FILE NO. C-07 / D09.24
Roll # 3401-000-006-05302
SUBJECT: Consent Application E2-25 1830567 Ontario Inc.
55942 Maple Grove Line, Eden
BACKGROUND
Consent application E2-25 was received from the Elgin County Land Division Committee, as submitted
by Appointed Agent Jesse Froese on behalf of land owners 1830567 Ontario Inc., proposing to sever a
surplus farm dwelling from the subject lands located at 57873 Maple Grove Line.
The subject property is designated as ‘Agriculture’ as per Schedule ‘A1’ (Land Use) of the Municipality of
Bayham Official Plan and are currently zoned Agricultural (A1) on Schedule ‘A’ Map No. 6 of the
Municipality of Bayham Zoning By-law No. Z456-2003.
Elgin County Land Division Committee will consider the application on January 22, 2025.
DISCUSSION
The planner’s memorandum, dated December 11, 2024, analyzes the application subject to the
Provincial Planning Statement, Elgin County Official Plan, Municipality of Bayham Official Plan, and
Zoning By-law.
The standard conditions would include: a digital copy of the final survey, the planning report fee payable
to the Municipality upon the consent being granted, civic number sign for the retained lands. Rezoning is
required of both the severed and retained parcels to meet the surplus farm dwelling criteria and address
reduced lot frontage on the severed lot and deficient lot area of the retained lot. The owner also needs to
remove the portion of the existing greenhouse on the proposed retained lot encroaching on the proposed
severed lot, in accordance with the provisions of the Zoning By-law.
Staff and municipal planner recommend the support of the consent application for the severance of a
surplus farm dwelling meeting the criteria in Section 2.1.7.1 Farm Consolidation and Surplus Farm
Dwellings.
Staff Report DS-88/24 1839567 Ont Inc 2
STRATEGIC PLAN
Not Applicable.
ATTACHMENTS
1. Consent Application E2-25 1830567 Ontario Inc.
2. Arcadis Memorandum, dated December 11, 2024
RECOMMENDATION
THAT Report DS-88/24 regarding the Consent Application E2-25 1830567 Ontario Inc. be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E2-25 be granted subject to the following conditions and considerations:
1. That the Owner obtains approval of a Zoning By-law Amendment for the proposed Severed
Lot from a ‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-XX)’ Zone to
permit a Minimum Lot Frontage of 13.4 metres;
2. That the Owner obtains approval of a Zoning By-law Amendment for the proposed Retained
Lot from an ‘Agricultural (A1)’ Zone to a ‘Site-Specific Special Agricultural (A2-XX)’ Zone to
prohibit new dwellings and to recognize the deficient Minimum Lot Area of 9.3 hectares;
3. That the Owner removes the portion of the existing greenhouse on the proposed Retained Lot
encroaching on the proposed Severed Lot, in accordance with the provisions of the Zoning
By-law;
4. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon
the granting of the consent by the Elgin County Land Division Committee.
5. That the Owner provides a digital copy of a survey of the subject lands.
6. That the Owner apply to and pay all fees to the Municipality with respect to Civic
Addressing/signage for the retained lot, where necessary.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator|Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7
Memorandum
To/Attention Municipality of Bayham Date December 11, 2024
From Christian Tsimenidis, BES Project No 3404 - 938
cc
Subject 1830567 Ontario Inc. – 55942 Maple Grove Line – Application
for Consent E2-25
Summary and Background
1. Arcadis has completed a review of Consent Application E2-25, submitted by 1830567
Ontario Inc. (c/o Jesse Froese), owner of the lands located at 55942 Maple Grove
Line, north side, west of Plank Road. The applicant is requesting consent for
severance of 0.696 hectares (1.72 acres) of land and to retain approximately 9.38
hectares (23.2 acres) of land. The intent is to create a residential lot consisting of an
existing single-detached dwelling surplus to the needs of the farm operation.
2. The proposed Severed Lot has a lot frontage of 13.4 metres (44.1 feet) and would
consist of the single-detached dwelling, private well and septic bed, as well as the
existing gravel driveway and access to the dwelling. The proposed retained lot for
the existing agricultural operations, would have a lot frontage of 279.1 metres (915.7
feet) and would consist of the existing barn and greenhouse. A portion of the
existing greenhouse would encroach over the proposed severed lot, therefore, as a
Condition of Approval, the owner will need to remove this portion in accordance with
the provisions of the Zoning By-law to ensure a sufficient setback is provided.
3. The subject lands were previously subject to an Official Plan Amendment No.37
(File No. OPA-02/24) that was approved by the County of Elgin on October 8, 2024.
The Official Plan Amendment was required to permit the proposed severance of the
existing single-detached dwelling constructed in 2021 on the subject lands made
surplus through farm consolidation that did not conform with Section 2.1.7.1 of the
Official Plan. Section 2.1.7.1 requires that consents to sever and convey existing
farm dwellings are to have been built and occupied a minimum of ten (10) years
prior to the date of consent application. The existing single-detached dwelling, to be
severed as a surplus farm dwelling, was constructed in 2021 to replace the previous
and now demolished single-detached dwelling built in 1900 that was uninhabitable
and in a state of disrepair. The previous owner had the ability to repair or replace
the existing farmhouse in accordance with municipal policies and through the
issuance of a Building Permit. Given that the proposed Official Plan Amendment is
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – December 11, 2024
2
approved, the proposed surplus farm dwelling severance is in conformity with the
Bayham Official Plan. This Consent Application implements the approved OPA.
4. The subject property is designated as ‘Agriculture’ as per Schedule ‘A1’ (Land Use)
of the Municipality of Bayham Official Plan and are currently zoned Agricultural (A1)
on Schedule ‘A’ Map No. 6 of the Municipality of Bayham Zoning By-law Z456-2003.
Subject Property and Surrounding Area
5. The subject lands are located on the north side of Maple Grove Line, west of Plank
Road. The lands are legally identified as Part Lot 19, Concession 8 and known
municipally as 55942 Maple Grove Line. The subject lands can be described as an
irregular shaped lot with an approximate lot area of 10.08 hectares (24.9 acres), an
estimated lot frontage of 292.5 metres (959.6 feet) along Maple Grove Line, and an
estimated lot depth of 243.0 metres (797.2 feet). The subject property is currently
utilized for agricultural purposes.
6. An existing single-detached dwelling, barn, and greenhouse exist on the subject
property. The existing single-detached dwelling will remain as it exists today on the
proposed severed lot. The existing barn and greenhouse will remain on the proposed
retained lot. The existing gravel driveway with access to Maple Grove Line currently
serves the existing residential dwelling to be severed. The existing private well and
septic system currently serves the existing residential dwelling and will remain
unaltered and within the proposed severed lot as a result of this proposal.
7. The surrounding lands are agricultural in all directions, with several existing rural and
estate residential lots further east along Maple Grove Line, as well as small-scale
commercial uses along Plank Road.
Provincial Planning Statement
8. The Provincial Planning Statement (hereafter, “PPS”) provides policy direction with
respect to Lot Creation and Lot Adjustments in prime agricultural areas for surplus
farm dwelling severances. Section 4.3.3 of the PPS reads as follows:
1. Lot creation in prime agricultural areas is discouraged and may only be
permitted in accordance with provincial guidance for:
c) one new residential lot per farm consolidation for a residence surplus to
an agricultural operation, provided that:
1. the new lot will be limited to a minimum size needed to
accommodate the use and appropriate sewage and water
services; and
Comment: The proposed severed lot is no larger than necessary
to meet the minimum size needed to accommodate existing septic
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – December 11, 2024
3
system and has adequate water servicing according to the
documentation provided by the applicant.
2. the planning authority ensures that new dwellings and additional
residential units are prohibited on any remnant parcel of farmland
created by the severance. The approach used to ensure that no
new dwellings or additional residential units are permitted on the
remnant parcel may be recommended by the Province, or based
on municipal approaches that achieve the same objective; and
Comment: The owner is required to rezone the retained lot from
A1 to A2 in order to prohibit the development of a future residential
dwelling.
Therefore, it is our opinion that the proposed consent is consistent with the PPS.
Elgin County Official Plan
9. In the Elgin County Official Plan (hereafter, ‘Elgin OP’), policies for Consent and Lot
Creation on Lands in the Agricultural Area are found in Section E1.2.3 (New Lots by
Consent). Section E1.2.3 indicates that proposals for Consent shall be in conformity
with the relevant policies in the Elgin OP, the local Official Plan and the provisions of
the Planning Act.
Elgin County OP Section E1.2.3.1 provides further direction with respect to the
general criteria that consent applications shall address as follows:
Provisional consent may be granted subject to appropriate conditions of
approval for the severed and/or retained lot. Prior to issuing provisional consent
for a new lot for any purpose, the approval authority shall be satisfied that the
lot to be retained and the lot to be severed:
a) Fronts on and will be directly accessed by a public road that is maintained
on a year-round basis;
Comment: The proposed severed and retained lots have frontage along
Maple Grove Line.
b) Does not have direct access to a Provincial Highway or County Road,
unless the Province or the County permits a request for access;
Comment: Maple Grove Line is identified as a Local Road, not a Provincial
Highway or County Road.
c) will not cause a traffic hazard;
Comment: The proposed severance will not cause a traffic hazard, as the
existing accesses will remain unaltered as they exist today.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – December 11, 2024
4
d) has adequate size and frontage for the proposed use in accordance with
the local municipal Zoning By-law;
Comment: The proposed Retained Lot will meet the minimum lot area and
frontage requirements in the Bayham Zoning By-law for the future A2 Zone.
The proposed Severed Lot will meet the minimum lot area, however, it will
have a deficient lot frontage of 13.4 metres, whereas the RR Zone requires
50.0 metres. The proposed lot frontage of 13.4 metres is necessary to
minimize the proposed lot area of the severed lot, as well as minimize the
inclusion of farmed lands for corn and soybeans for the existing agricultural
operation on the proposed retained lot. The intent is to maintain as much
agricultural and/or farmed land within the retained lot, thus requiring a
reduction in the Minimum Lot Frontage for the proposed severed lot. This
will be included as a Site-Specific Exception to the Zoning By-law
Amendment as a Condition of Approval.
e) notwithstanding d) above, where a zoning by-law amendment or minor
variance is required, approval of such amendment or variance shall be
included as a condition of the approval of the consent;
Comment: As a Condition of Approval, the applicant is required to rezone
the proposed severed and retained lots.
f) can be serviced with an appropriate water supply and means of sewage
disposal, provided there is confirmation of sufficient reserve sewage
system capacity and reserve water system capacity within municipal
sewage services and municipal water services;
Comment: The owner/applicant provided supporting private septic
servicing information as part of the application submission, stating that the
existing septic system is in adequate condition for the proposed severed
lot. Further, the applicant provided supporting information pertaining to the
private well to remain on the proposed severed lot.
g) will not have a negative impact on the drainage patterns in the area;
Comment: There are no significant physical changes to the lands
proposed, therefore, no negative impacts to drainage patterns are
anticipated.
h) will not restrict the development of the retained lands or other parcels of
land, particularly as it relates to the provision of access, if they are
designated for development by this Plan;
Comment: The proposed consent will not restrict the development of the
retained lands (or other parcels), as the existing accesses will remain
unaltered.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – December 11, 2024
5
i) will not have a negative impact on the significant features and functions of
any natural heritage feature; in this regard, lots should be restricted in size
in order to conserve other lands in larger blocks for natural heritage
purposes;
Comment: The proposed severed lot is not impacted by natural heritage
features, nor is the proposed retained lot. The proposal does not anticipate
any new buildings/structures on the proposed severed and retained lots.
j) will not have a negative impact on the quality and quantity of groundwater
available for other uses in the area;
Comment: The proposed severed lot would continue to utilize the existing
private well to service the single-detached dwelling, as demonstrated by
the supporting documentation provided by the owner.
k) will not have an adverse effect on natural hazard processes such as
flooding and erosion;
Comment: The proposed severance does not propose any significant
physical changes to the subject lands. Therefore, no adverse impacts are
anticipated.
l) conform with the local Official Plan; and,
Comment: The proposed severance will conform to the Bayham Official
Plan, as detailed further in this Memo.
m) will conform to Section 51 (24) of the Planning Act, as amended.
Comment: Section 51(24) of the Planning Act pertains to the consideration
of a Draft Plan of Subdivision.
Therefore, it is our opinion that the proposed Consent Application is in conformity
with the Elgin OP.
Municipality of Bayham Official Plan
10. The subject lands are designated ‘Agriculture’ as per Schedule ‘A1’ (Land Use) of the Municipality of Bayham Official Plan. Section 2.1.7.1 “Farm Consolidation and Surplus Farm Dwellings” of the Bayham Official Plan indicates that: In accordance with the Provincial Policy Statement 2014, farm consolidation shall
mean the acquisition of additional farm parcels to be operated as one farm
operation. Farm consolidation may result in the identification of existing farm
dwellings that are rendered surplus to the consolidated farm operation. Consents
to sever and convey existing farm dwellings which were built and occupied a
minimum of ten (10) years prior to the date of consent application, and which are
surplus to a consolidated farm operation, may be permitted within the “Agriculture”
designation in accordance with the following criteria:
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – December 11, 2024
6
Comment: As previously mentioned in this Memo, the owner has addressed this
policy through the approved Official Plan Amendment No.37. Therefore, the
proposed severance is in conformity with this policy.
a) In the opinion of Municipal Council, a land use conflict shall not be created
with agricultural operations or other existing land uses in the immediate area
of the subject lands;
Comment: It is our opinion that the proposed consent will not result in land use
conflicts. The existing single-detached dwelling to be severed as a surplus farm
dwelling and existing agricultural operation to be retained will remain as they exist
today.
b) Where a farm parcel with more than one existing dwelling is being consolidated
into a farm operation, only one dwelling may be severed from that farm parcel,
and no more than one severance of a surplus dwelling shall be allowed from
an original farm parcel regardless of changes in boundary or ownership;
Comment: The subject property only consists of one (1) single-detached dwelling
to be severed as a surplus farm dwelling and remain on the proposed severed lot.
It is understood that no other surplus farm dwelling severances have occurred on
the subject lands.
c) A minimum of one existing dwelling within the Municipality of Bayham must be
retained by the proponent farm operation, or a registered owner of the
proponent farm operation.
Comment: The owner has a principal residence located within the Municipality
of Bayham, directly south of the subject property at 55903 Maple Grove Line.
11. Sections 2.1.7.2 and 2.1.7.3 of the Bayham Official Plan provides consideration for the approval and requirements of severances for surplus farm dwellings as follows:
2.1.7.2 The severed lot with the surplus farm dwelling shall:
a) Be no larger than is necessary to support a private sanitary sewage
treatment and disposal system as determined by the appropriate approval
authority, and be serviced by a potable water supply;
Comment: The proposed severed lot is no larger than necessary to
support existing private well and sanitary servicing, as demonstrated by the
sketch provided by the applicant.
b) Meet the provisions of the MDS 1 for livestock facilities and manure
storage facilities on the proposed retained lands; and,
Comment: It is understood there are no livestock operations identified in
the immediate area warranting MDS 1 concerns.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – December 11, 2024
7
c) Be rezoned in a Rural Residential Zone in the Zoning By-law of the
Municipality of Bayham
Comment: As a Condition of Approval, the owner is required to rezone
the proposed severed lot from A1 to RR-XX with a Site-Specific Exception
to permit a Minimum Lot Frontage of 13.4 metres.
2.1.7.3 The severed lot with the surplus farm dwelling may:
a) Include accessory buildings and structures if in the opinion of Municipal
Council a land use conflict will not be created; and,
Comment: No existing accessory buildings are proposed on the severed
lot. As previously mentioned, a portion of the existing greenhouse
encroaching onto the proposed severed lot will be removed by the
applicant and is included as a Condition of Approval.
b) Include accessory buildings and structures where the property has been
rezoned to prohibit the keeping of livestock
Comment: The applicant is not including accessory buildings and
structures on the proposed severed lot for the keeping of livestock. The
keeping of livestock on the proposed severed lot is prohibited in the RR
Zone.
12. Section 2.1.7.4 of the Bayham Official Plan provides additional consideration for the
approval and requirements of the retained agricultural lands as follows:
a) Depending on the current zoning and lot size, meet the provisions of the
Agricultural (A1 / A1-A) Zone regulations of the Zoning By-law of the
Municipality of Bayham; and,
Comment: The subject property is currently undersized at 10.08 hectares
(whereas 20.0 hectares is required for the current A1 Zone), therefore, a
as a Condition of Approval, a Zoning By-law Amendment Application will
be required to recognize the undersized retained lot for 9.3 hectares.
b) Be rezoned to prohibit the placement, development, or establishment of
any additional type or form of residential dwelling units thereon, regardless
of changes in property boundary or ownership.
Comment: The applicant is required to rezone the retained lot from A1 to
A2-XX in order to prohibit the development of a future residential dwelling,
as well as recognize the undersized lot area though a Site-Specific
Exception to permit a Minimum Lot Area of 9.3 hectares.
Therefore, based on the analysis provided above, the proposed consent is in
conformity with Bayham Official Plan.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – December 11, 2024
8
Municipality of Bayham Zoning By-law
13. The subject lands are zoned Agriculture (A1) on Schedule ‘A’ Map No. 6 in
Municipality of Bayham Zoning By-law Z456-2003. The proposed severed lot would
meet the Minimum Lot Area of 0.4 hectares, however, the proposed lot frontage of
13.4 metres would not meet the Minimum Lot Frontage of 50.0 metres for the Rural
Residential (RR) Zone. As previously mentioned, the proposed lot frontage of 13.4
metres is necessary to minimize the proposed lot area of the severed lot, as well as
minimize the inclusion of farmed lands for corn and soybeans for the existing
agricultural operation on the proposed retained lot. The intent is to maintain as much
agricultural and/or farmed land within the retained lot, thus requiring a reduction in
the Minimum Lot Frontage for the proposed severed lot. Therefore, as a Condition of
Approval, the owner will be required to obtain approval of a Zoning By-law
Amendment to rezone the proposed Severed Lot from an ‘Agricultural (A1)’ Zone to
a ‘Site-Specific Rural Residential (RR-XX)’ Zone to permit a Minimum Lot Frontage
of 13.4 metres.
14. The proposed retained lot meets the Minimum Lot Frontage of 150.0 metres,
however, given the subject property is currently undersized, the proposed retained lot
of 9.38 hectares would not meet the Minimum Lot Area of 20.0 hectares. Therefore,
as a Condition of Approval, the owner will be required to obtain approval of a Zoning
By-law Amendment to rezone the proposed Retained Lot from an ‘Agricultural (A1)’
Zone to a ‘Site-Specific Special Agricultural (A2-XX) Zone to prohibit new dwellings
and permit a Minimum Lot Area of 9.3 hectares.
Conclusion and Recommendations
15. Based on the above review of Consent Application E2-25 we have no objection to
the proposed consent to create a residential lot for the existing dwelling surplus to the
needs of the farm operation and recommend the following conditions for approval:
a) That the owner obtains approval of a Zoning By-law Amendment for the
proposed Severed Lot from a ‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural
Residential (RR-XX)’ Zone to permit a Minimum Lot Frontage of 13.4 metres;
b) That the owner obtains approval of a Zoning By-law Amendment for the
proposed Retained Lot from an ‘Agricultural (A1)’ Zone to a ‘Site-Specific
Special Agricultural (A2-XX)’ Zone to prohibit new dwellings and to
recognize the deficient Minimum Lot Area of 9.3 hectares;
c) That the owner removes the portion of the existing greenhouse on the
proposed Retained Lot encroaching on the proposed Severed Lot, in
accordance with the provisions of the Zoning By-law;
d) That the owner provides a Planning Report Fee payable to the Municipality
of Bayham.
ARCADIS MEMORANDUM
Municipality of BayhamMunicipality of Bayham – December 11, 2024
9
e) That the owner provides a digital copy of a survey of the subject lands.
f) That the applicant apply to and pay all fees to the Municipality with respect
to Civic Addressing/signage for the retained lot, where necessary.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: December 19, 2024
REPORT: DS-89/24 FILE NO. C-07 / D09.24HARM
Roll # 3401-004-001-10400
SUBJECT: Consent Application E3-25 Harms
20 Elm Street, Vienna
BACKGROUND
Consent application E3-25 was received from the Elgin County Land Division Committee, as submitted
by Appointed Agent Gerhard and Sarah Harms, proposing to sever a lot from subject lands located at 20
Elm Street, in the village of Vienna.
The subject property is designated as a ‘Residential’ land use as per Schedule ‘C’ of the Municipality of
Bayham Official Plan and is zoned ‘Village Residential 1 (R1)’ on Schedule ‘H’ of Zoning By-law No.
Z456-2003.
The application proposes to sever and create a new lot with frontage of 18.9 metres (62.0 feet) and lot
depth of 43.1 metres (141.4 feet), while the retained lands accommodate an existing two-storey single-
detached dwelling as per the submitted sketch.
Elgin County Land Division Committee will consider the application on January 22, 2025.
DISCUSSION
The planner’s memorandum, dated December 11, 2024, analyzes the application subject to the
Municipality of Bayham Official Plan and Zoning By-law.
The standard conditions would include: engineered stamped storm water management plan with a
drainage/grading plan as there are existing drainage concerns with a new dwelling on Edison Street,
civic numbering signage for the severed lot, digital survey, cash in lieu payment for the creation of a lot,
road entrance permit, and the planning report fee.
Other conditions apply regarding the removal of the concrete pad on the proposed severed lot and that
water and sanitary service be installed to the severed lot and confirmation of the location of the existing
municipal water and sanitary service connections to ensure they are contained on the retained lot
Staff Report DS-89/24 Harms 2
otherwise the Owner will have to apply to relocate the services or install new on the retained lot.
Staff and municipal planner recommend the support of the consent application for the creation of one (1)
residential lot to front on Elm Street in the village of Vienna with the recommended conditions.
STRATEGIC PLAN
Not Applicable.
ATTACHMENTS
1. Consent Application E2-25 Harms
2. Arcadis Memorandum, dated December 11, 2024
RECOMMENDATION
THAT Report DS-89/24 regarding the Consent Application E2-25 Harms be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E2-25 be granted subject to the following conditions and considerations:
1. That the Owner removes the concrete pad on the proposed Severed Lot;
2. That the Owner obtains a permit from the Municipality of Bayham for the installation of a new
municipal water and sanitary service connection to the proposed Severed Lot;
3. That the Owner provides confirmation with respect to the location of the existing municipal
water and sanitary service connections to the Retained Lot. Should the existing municipal
servicing laterals cross the proposed property lines or do not have sufficient clearance, the
owner shall obtain a permit from the Municipality of Bayham for the installation of a new
municipal water and sanitary service connection to the Retained Lot;
4. That the Owner obtains approval from the Municipality of Bayham for road entrance permit
(Elm 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 each parcel to demonstrate that the lands will drain properly with no negative impacts on
the neighbouring lands or the street and showing a proposed building envelope, all to the
satisfaction of the Municipality of Bayham;
6. That the Owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-in-lieu of
Parkland;
7. That the Owner provides a digital copy of a survey of the subject lands;
8. That the Owner applies and pay’s all fees to the Municipality with respect to Civic
Addressing/signage for the Severed Lot
9. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon
the granting of the consent by the Elgin County Land Division Committee.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator|Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6
Memorandum
To/Attention Municipality of Bayham Date December 11, 2024
From Christian Tsimenidis, BES Project No 3404 – 973
cc
Subject Sarah and Gerhard Harms - 20 Elm Street, Vienna -
Application for Consent E3-25
Background and Summary
1. We have completed our review of Consent Application E34-25 submitted by Sarah
and Gerhard Harms, owners of the subject property identified as 20 Elm Street in the
Village of Vienna. The applicant is requesting Consent to sever an approximate land
area of 810.0 m2 (8,718.8 ft2) and to retain 1,100.0 m2 (11,840.3 ft2) of land. The intent
is to create one (1) new residential lot.
2. The proposed Severed Lot has a lot frontage of 18.9 metres (62.0 feet) and lot depth
of 43.1 metres (141.4 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 21.6 metres (70.9 feet) and lot depth of
roughly 50.2 metres (164.7 feet) to accommodate the existing two-storey single-
detached dwelling, as per the applicant’s Severance Sketch.
3. The subject property is designated as a ‘Residential’ land use as per Schedule ‘C’ of
the Municipality of Bayham Official Plan and is zoned ‘Village Residential 1 (R1)’ on
Schedule ‘H’ of Zoning By-law Z456-2003.
Subject Property and Surrounding Area
4. An existing two-storey single-detached dwelling with an attached garage is located
on the subject property. The owner is proposing to maintain the existing single-
detached dwelling and attached garage as it exists today on the proposed Retained
Lot. An existing concrete pad is located on the proposed Severed Lot. As a Condition
of Approval, the owner will be required to remove the concrete pad.
5. The subject property is currently serviced by municipal water and sanitary services,
given that the subject property is located within the Village of Vienna. The proposed
Retained Lot and dwelling would continue to be serviced by municipal water and
sanitary services. Notwithstanding this, the owner would need to demonstrate the
existing water and sanitary laterals do not cross the proposed property lines and are
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
2
in accordance with the Municipality of Bayham standards. This is included as a
Condition of Approval.
6. The proposed Severed Lot will require the installation of new municipal water and
sanitary connections in order to service the future dwelling on the lot. As a Condition
of Approval, the owner would be required to obtain a permit from the Municipality of
Bayham to authorize the installation of the new municipal water and sanitary
connections.
7. There is an existing access along Elm Street and a driveway to the existing single-
detached dwelling. The existing access to the proposed Retained Lot will remain
unaltered as it exists today. As a Condition of Approval, the owner will be required to
obtain approval from the Municipality of Bayham for a road entrance permit to create
a new access to the proposed Severed Lot.
8. With respect to the surrounding area, there are existing single-detached dwellings in
all directions of the subject property. Being in the Village of Vienna, a mix of
institutional and commercial uses exist within close proximity of the subject property.
Municipality of Bayham Official Plan
9. 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 Vienna, 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 our opinion that the creation of one (1) new residential lot within the
Village of Vienna makes efficient use of underutilized lands and existing municipal
services, and is in conformity with the Official Plan general residential policies.
10. 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 lot are intended to support single-
detached dwellings, which are permitted and encouraged within the ‘Residential’ land
use designation. It is our 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. Therefore, it is our opinion that the proposed
severance is in conformity with Section 4.5.2.1 of the Official Plan.
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
3
11. 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
and severed lot is consistent with the surrounding residential lots along Elm Street
and the surrounding neighbourhood. In addition, both the proposed severed and
retained lots meet the required minimum lot area of 800 m2 (for fully serviced lots)
and the required minimum lot frontage of 15.0 metres (for fully serviced lots).
Therefore, it is our opinion that the proposed lots would comply 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.
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.
c) 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.
d) 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.
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
4
Comment: Being that the subject property is located within a settlement area, the
subject property is surrounded by a mix of low-rise residential, institutional and
commercial uses. As such, the existing single-detached dwelling on the proposed
retained lot is consistent in built-form and use with the existing low-rise residential
uses adjacent to and surrounding the subject property along Elm Street. Further,
it is our opinion that a future dwelling on the severed lot would be compatible with
the adjacent and surrounding land uses.
e) 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: The proposed retained lot would continue to utilize the existing
municipal water and sewer service connections. As a Condition of Approval, the
owner would be required to obtain a permit from the Municipality of Bayham to
authorize the installation of the new municipal water and sanitary connections.
f) 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 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 for each lot to ensure surface water runoff does not adversely
affect neighbouring properties or receiving watercourses. This is included as a
Condition of Approval.
g) 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.
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
5
Comment: It is our opinion that the existing access from Elm Street to the
proposed Retained Lot would not have adverse impact to traffic safety. As a
Condition of Approval, the owner would be required to obtain an access permit
from the Municipality of Bayham to create a new independent access along Elm
Street for the proposed severed lot.
h) 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
12. The subject property is currently zoned ‘Village Residential (R1)’ in per Schedule ‘H’
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. The intended use and development of a future dwelling
on the proposed Severed Lot would also be a permitted.
13. As per Section 10.3 of the Zoning By-law, both the proposed Retained and Severed
Lot would meet the Minimum Lot Area requirement of 800 m2 for lots located in the
Village of Vienna on full municipal servicing. As per Section 10.4 of the Zoning By-
law, both the proposed Retained and Severed Lot would meet the Minimum Lot
Frontage requirement of 15.0 metres.
14. Section 10.9.1 of the Zoning By-law reads as follows with respect to the Minimum
Side Yard Width requirement:
Where a garage or carport is attached, the minimum width shall be 1.2 metres
plus 0.5 metres for each additional or partial storey above the first storey on each
side of the combined building
15. Therefore, based on the regulation above, the two-storey single-detached dwelling
with the attached garage to remain on the Retained Lot would require a Minimum
Side Yard Width of 1.7 metres on each side of the building. As a result of this
severance, the southern side yard setback would be 1.2 metres, and the northern
side yard setback (between the proposed Severed Lot and Retained Lot) would be
1.75 metres. The existing southern side yard setback of 1.2 metres would be
considered a “Non-Complying Use” under Section 4.11 of the Zoning By-law, given
that the setback already exists and would not be reduced further as a result of this
severance. Therefore, a Minor Variance Application is not required, and the proposed
Side Yard Widths on the Retained Lot would comply with the Zoning By-law.
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
6
Conclusion and Recommendations
16. Based on the above review of Consent Application E3-25, we have 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 removes the concrete pad on the proposed Severed Lot;
b) That the owner obtains a permit from the Municipality of Bayham for the
installation of a new municipal water and sanitary service connection to the
proposed Severed Lot;
c) That the owner provides confirmation with respect to the location of the existing
municipal water and sanitary service connections to the Retained Lot. Should
the existing municipal servicing laterals cross the proposed property lines or do
not have sufficient clearance, the owner shall obtain a permit from the
Municipality of Bayham for the installation of a new municipal water and sanitary
service connection to the Retained Lot;
d) That the owner obtains approval from the Municipality of Bayham for road
entrance permit (Elm Street) for a new access to the proposed Severed Lot;
e) That the owner provides an engineered grading, drainage and storm water
management plan for each parcel to demonstrate that the lands will drain
properly with no negative impacts on the neighbouring lands or the street, all to
the satisfaction of the Municipality of Bayham;
f) That the 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; and,
i) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: December 19, 2024
REPORT: DS-90/24 FILE NO. C-07 / D09.24HIEB
Roll # 3401-000-004-03401
SUBJECT: Consent Application E5-25 Hiebert
9215 and 9217 Alward Street, Straffordville
BACKGROUND
Consent application E5-25 was received from the Elgin County Land Division Committee, as submitted
by Appointed Agent Aggie Hiebert on behalf of the ownership of 9215 and 9217 Alward Street,
Straffordville, proposing to sever a semi-detached dwellings between the common wall into two (2)
distinct lots resulting in one semi-detached dwelling located on each lot.
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 No.
Z456-2003.
The application proposes to sever and create a new lot with frontage of 13.7 metres (44.9 ft.) and lot
depth of 48.9 metres (160.4 ft.), while the retained lot has a lot frontage of 12.3 metres (40.4 ft.) and lot
depth of roughly 50.7 metres (166.3 ft.) to accommodate the existing semi-detached dwelling that will
remain as it is today.
Elgin County Land Division Committee will consider the application on January 22, 2025.
DISCUSSION
The planner’s memorandum, dated December 11, 2024, analyzes the application subject to the
Municipality of Bayham Official Plan and Zoning By-law.
The standard conditions would include: digital survey, cash in lieu payment for the creation of a lot, and
the planning report fee.
Other conditions apply including a minor variance application for the proposed severed lot to permit a
minimum lot area of 680.0 m2 (7,322.7 ft2), installation of a second sanitary service connection and to
ensure the existing service line does not cross the proposed lot line, installation of a second private well
Staff Report DS-90/24 Hiebert 2
with water quantity and water quality testing reports for bacteria and nitrates and a deposit for drain
reassessment of the Alward Drain.
Staff and municipal planner recommend the support of the consent application to separate the semi-
detached dwelling in the village of Straffordville with the recommended conditions.
STRATEGIC PLAN
Not Applicable.
ATTACHMENTS
1. Consent Application E5-25 Hiebert
2. Arcadis Memorandum, dated December 11, 2024
RECOMMENDATION
THAT Report DS-90/24 regarding the Consent Application E5-25 Harms be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E5-25 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 Minimum Lot Area of 680.0 m2;
2. That the Owner obtains a permit from the Municipality of Bayham for the installation of
municipal sanitary service connections to each of the proposed lots. Should the existing
municipal sanitary lateral cross the proposed property lines or does not have sufficient
clearance, the Owner shall obtain a permit from the Municipality of Bayham for the installation
of a new municipal sanitary service connection;
3. That the Owner obtains approval from the Municipality of Bayham for the installation of a
private well on each of the proposed lots, providing the Municipality with water quantity and
water quality reports for bacteria and nitrates content meeting the Provincial standards for
residential use, as a matter of public health and safety;
4. That the Owner initiate and assume, if required, all engineering costs associated with the
preparation of a revised assessment schedule in accordance with the Drainage Act, RSO
1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition
being deemed fulfilled. If the deposit does not cover the costs of the revised assessment
schedule, the Owner will be billed for any additional costs incurred;
5. That the Owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-in-lieu of
Parkland;
6. That the Owner provides a digital copy of a survey of the subject lands
7. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon
the granting of the consent by the Elgin County Land Division Committee.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator|Deputy Clerk Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6
Memorandum
To/Attention Municipality of Bayham Date December 11, 2024
From Christian Tsimenidis, BES Project No 3404 – 974
cc
Subject 9215 and 9217 Alward Street, Straffordville - Application for
Consent E5-25
Background and Summary
1. We have completed our review of Consent Application E5-25 submitted by Aggie
Hiebert for the subject property identified as 9215 and 9217 Alward Street, north side,
in the Village of Straffordville. The applicant is requesting Consent to sever an
approximate land area of 680.3 m2 (7,322.7 ft2) and to retain 696.0 m2 (7,491.7 ft2).
The intent is to sever the existing semi-detached dwellings between the common wall
into two (2) distinct lots. One semi-detached dwelling would therefore be located on
each lot.
2. The proposed severed lot has a lot frontage of 13.7 m (44.9 ft) and lot depth of 48.9
m (160.4 ft) to accommodate the existing semi-detached dwelling that will remain as
it exists today. The proposed retained lot has a lot frontage of 12.3 m (40.4 ft) and lot
depth of roughly 50.7 metres (166.3 feet) to accommodate the existing semi-detached
dwelling that will remain as it exists today.
3. 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.
Subject Property and Surrounding Area
4. An existing semi-detached building (two dwelling units) with attached garages are
located on the subject property to remain as they exist today. 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. Both of the existing
accesses along Alward Street would remain as they exist today to the retained and
severed lot.
5. The subject property is surrounding by existing low-rise residential uses in all
directions. A mix of commercial and institutional uses exist west of the subject
property, being located in the Village of Straffordville.
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
2
Municipality of Bayham Official Plan
6. 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 our opinion that the creation of one (1) new residential lot within the
Village of Straffordville makes efficient use existing municipal sewer services and is
in conformity with the Official Plan general residential policies.
7. 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 well on
the subject property. The existing partial servicing will continue to exist and service
one of the dwellings, however, as a Condition of Approval, the owner will be required
to install a new private well in order to independently service each lot.
8. 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 existing semi-detached dwellings to remain are permitted and
encouraged within the ‘Residential’ land use designation. The Village of Straffordville
currently does not have municipal water services, therefore, each lot will be serviced
by private well. Therefore, it is our opinion that the proposed severance is in
conformity with Section 4.5.2.1 of the Official Plan.
9. 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
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
3
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
and severed lot is consistent with the surrounding residential lots along Plank
Road. In addition, both the proposed severed and retained lots meet the required
minimum lot area of 900 m2 (where sewer services are available) and the required
minimum lot frontage of 20.0 metres (for partially serviced lots).
Therefore, it is our opinion that the proposed lots would comply 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.
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 existing semi-detached dwellings
between the common wall into two (2) distinct lots. No changes are proposed to
the buildings.
c) 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.
d) 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: Being that the subject property is located within a settlement area, the
subject property is surrounded by a mix of low-rise residential, commercial, retail
and institutional uses. As such, the existing semi-detached dwellings to remain
are consistent in built-form and use with the existing low-rise residential uses
adjacent to and surrounding the subject property.
e) Facilities and services: Existing or proposed municipal services (including potable
water supply, sanitary sewage treatment and disposal, solid waste disposal, storm
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
4
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: One (1) private well and one (1) municipal sanitary lateral exist on the
subject property and service the existing dwellings. The existing partial servicing
will continue to exist and service one of the dwellings, however, as a Condition of
Approval, the owner will be required to install a new sanitary lateral and private
well in order to independently service each lot.
f) 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. Given there is no physical
change to the proposed lots, an updated grading plan and stormwater
management plan will not be required as a Condition of Approval.
g) 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: Both the existing accesses along Alward Street would remain as they
exist today to the retained and severed lot.
h) 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.
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
5
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
10. The subject property is located within the ‘Village Residential 1 (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 semi-detached dwellings to be located on each
of the proposed lots are a permitted use.
11. As per Section 10.3 of the Zoning By-law, the Minimum Lot Area for a semi-detached
dwelling is 695 m2 where no public water supply or sanitary sewage disposal service
are available. Given the subject property is located within the Village of Straffordville
where only municipal sanitary services are available, the Minimum Lot Area of 695
m2 per lot for a semi-detached dwelling would apply.
12. The proposed Retained Lot would meet the Minimum Lot Area requirement; however,
the proposed Severed Lot would have a deficient lot area of 680.3 m2. Therefore, as
a Condition of Approval, the owner would be required to obtain approval of a Minor
Variance Application for the proposed Severed Lot to permit a Minimum Lot Area of
680.0 m2.
13. As per Section 10.4 of the Zoning By-law, both the proposed Retained and Severed
Lot would meet the Minimum Lot Frontage requirement of 10.0 metres.
Conclusion and Recommendations
14. Based on the above review of Consent Application E5-25, we have no objection to
approval of the proposed consent for the creation of one (1) new residential lot to
sever the existing semi-detached dwellings between the common wall, subject to the
following conditions:
a) That the owner obtains approval of a Minor Variance Application for the proposed
Severed Lot to permit a Minimum Lot Area of 680.0 m2;
b) That the owner obtains a permit from the Municipality of Bayham for the
installation of municipal sanitary service connections to each of the proposed lots.
Should the existing municipal sanitary lateral cross the proposed property lines or
does not have sufficient clearance, the owner shall obtain a permit from the
Municipality of Bayham for the installation of a new municipal sanitary service
connection;
c) That the owner obtains approval from the Municipality of Bayham for the
installation of a private well on each of the proposed lots, 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;
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
6
d) That the owner initiate and assume, if required, all engineering costs associated
with the preparation of a revised assessment schedule in accordance with the
Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the
Municipality prior to the condition being deemed fulfilled. If the deposit does not
cover the costs of the revised assessment schedule, the applicant will be billed
for any additional costs incurred;
e) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-
in-lieu of Parkland;
f) That the owner provides a digital copy of a survey of the subject lands; and,
g) That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: December 19, 2024
REPORT: DS-91/24 FILE NO. C-07 / D13.ZBA
SUBJECT: Municipality of Bayham Zoning By-law No. Z456-2003, as amended
Residential Maximum Building Height Regulations
BACKGROUND
On September 5, 2024 Council passed Zoning By-law No. Z789-2024 regarding Housekeeping
Amendments related to Bill 23 and during the same meeting discussion also passed the
following motion:
Moved by: Councillor Emerson
Seconded by: Councillor Froese
WHEREAS the Municipality of Bayham has enacted By-law No. Z456-2003 as its Zoning
By-law to regulate development uses, scale, and form in Bayham;
AND WHEREAS Section 10.5 of the Zoning By-law requires a Maximum Building Height
of 7.0 metres;
AND WHEREAS this Maximum Building Height has been established for fire protection
reasons;
AND WHEREAS Council has received and approved numerous applications for height
variances over the establishment 7.0-metre maximum;
THEREFORE BE IT RESOLVED THAT staff be directed to report to Council with further
information on the necessity to maintain a 7.0-metre maximum building height, any
additional explanation to substantiate the established height, and any opportunity to
amend this zoning provision.
Since this time, staff have met internally with Arcadis to discuss the viability and rationale for
maximum building heights as they are, as well as constraints to changes to Sections 10.5 and
11.6 to increase maximum building heights to be consistent with Section 9.5 of the
Municipality’s Zoning By-law No. Z456-2003.
Staff Report DS-91/24 ZBA Building Height 2
DISCUSSION
For discussion purposes, the Zoning By-law No. Z456-2003 defines Height as follows:
HEIGHT, when used with reference to a building or structure shall mean the vertical
distance between the horizontal plane through:
a) The highest point of the roof assembly in the case of a building with a flat roof
or a deck roof;
b) Be average level of a one-slope roof, between the ridge and the eaves,
provided that a roof having a slope of less than twenty (20) degrees with the
horizontal shall be considered a flat roof;
c) The average level between eaves and ridges in the case of a roof type not
covered in sub-sections a) and b).
For ease of comparison, the current maximum building heights for the three urban residential
zones are shown in the table below followed by the residential building types for each zone:
Section 9 Hamlet Residential (HR) Subsection 9.5 10.5 metres
Section 10 Village Residential 1 (R1) Subsection 10.5 7.0 metres
Section 11 Village Residential 2 (R2) Subsection 11.6 7.0 metres
Section 9 permitted residential types include:
One single detached dwelling on one lot;
Bed and Breakfast Lodging or Tourist Home;
Converted dwelling;
Section 10 permitted residential types include:
Single-detached dwelling or single-detached seasonal dwelling;
Converted dwelling to a maximum of two (2) units;
Semi-detached dwelling;
Duplex dwelling;
Group home;
Section 11 permitted residential types include:
Single-detached dwelling;
Semi-detached dwelling;
Double duplex dwelling;
Multi-unit residential use;
Triplex dwelling;
Townhouse and row house dwelling;
Apartment building;
Boarding house or rooming house;
Senior citizen home;
Group home;
Staff Report DS-91/24 ZBA Building Height 3
The addition of Sections 10.5 and 11.6 Maximum Building Height was approved by Zoning By-
law No. Z751-2022, passed on September 15, 2022. At the time, Council considered that the
maximum building height regulations in the higher density urban residential areas better aligned
new development with the local emergency response capabilities to protect public health and
safety explaining that the fire truck fleet could only reach to a 7.0 m (23 feet) height with the
ladder apparatus available to them. From the land use planning perspective, the consideration
was to reduce the height in the higher dense urban areas given the typically smaller lot size with
the closer proximity of the dwellings with one another, public health, and safety considerations
and the ability to access a roof-top given the available emergency equipment.
Presently, the local emergency services has access to two 7.3 metre (24 foot) ladders and one
10.3 metre (34 foot) ladder on a tanker. Emergency Services are still challenged by not having
the equipment to access a height of more than 7.0 metres.
Planning Applications
The table below shows the number of Minor Variance applications pertaining to the Maximum
Building Height regulation:
2022 2023 2024
Minor
Variances 1 1 5
In 2024, there was an increase to the number of building permit applications for larger two-
storey dwellings that, due to their design, exceeded the 7.0-metre height restriction, resulting in
an increase in the number of minor variance applications requesting relief from the residential
maximum building height regulation.
In conclusion, Council may choose to maintain the existing maximum height restrictions, and the
Committee of Adjustment will continue to consider site-specific minor variance applications for
maximum building height. Alternatively, should Council wish to consider increasing Section 10.5
and Section 11.6 Maximum Building Height regulations to 10.5 metres (34.4 feet) to align the
three residential zones, Council may direct staff to pursue a specific municipal-led amendment
to Section 10.5 and Section 11.6. If Council chooses this latter approach, staff will continue to
engage in internal discussions regarding fire protection in Bayham and applicable equipment or
building strategies necessary to service taller structures. One fire protection solution may be to
require residential sprinkler systems in all new dwellings over 7.0 metres in height to ensure
adequate suppression is in place on-site. Failing this, any approved dwelling over 7.0 metres
may require mutual aid and aerial support to help extinguish a fire
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Correspondence from Susanne Schlotzhauer – received August 15, 2024 as previously
included as an attachment to Staff Report DS-67/24.
Staff Report DS-91/24 ZBA Building Height 4
RECOMMENDATION
THAT Report DS-91/24 regarding Residential Maximum Building Height Regulations be
received for information;
AND THAT Council provide direction, if any, in regards to Maximum Building Height Zoning
Regulations.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
Town of Bradford West Gwillimbury
100 Dissette Street, Unit 4, P.O. Box 100
Bradford, Ontario, Canada L3Z 2A7
Phone: 905-775-5366
jleduc@townofbwg.com
www.townofbwg.com
September 20, 2024 BY E-MAIL
Hon. Andrea Khanjin, Minister of the Environment, Conservation and Parks
5th Floor
777 Bay St.
Toronto, ON M7A 2J3
Dear Minister Khanjin:
Ontario Deposit Return Program
I hope this letter finds you well. I am writing to formally address the recent discussions surrounding the
Ontario Deposit Return Program, particularly regarding our community residents asking us about the
recycling of nonalcoholic beverage plastics.
Whereas the Ontario Deposit Return Program has successfully incentivized the recycling of alcoholic
beverage containers, resulting in the removal of over 204,000 tonnes of greenhouse gas emissions, we
recognize the potential for similar success with nonalcoholic beverages.
The Ministry of the Environment, Conservation and Parks highlighted in their June 2023 letter that they
are considering the adoption of a deposit-and-return system for nonalcoholic beverages. This initiative
presents a unique opportunity to further promote recycling, reduce litter, and encourage sustainable
practices among consumers.
Therefore, I am proud to announce that our Council endorses the expansion of the Ontario Deposit
Return Program to include nonalcoholic beverage containers. We believe that this expansion will not
only enhance environmental stewardship but also foster a culture of sustainability within our
community.
We encourage all stakeholders to support this initiative and work collaboratively towards its
implementation. Together, we can make a significant impact on our environment and set a positive
example for future generations.
Yours truly,
Mayor James Leduc
Town of Bradford West Gwillimbury
CC:
Hon. Peter Bethlenfalvy, Minister of Finance
Hon. Caroline Mulroney, Member of Provincial Parliament for York-Simcoe
MPP Sandy Shaw, Opposition Environment, Conservation and Parks Critic Ontario’s Municipal Councils and Conservation Authorities
ol/Lo
The Corporation of the Municipality of St. Charles
RESOLUTION PAGE
Regular Meeting of Council
dgenda Number: 8.2.
Resofution Number 2024-403
Title:
Date:
Resolution Stemming from October 16, 2024 Regular Meeting of Council - ltem
8.1 - Correspondence #4
November 20,2024
Moved by:
Seconded by:
Councillor Loftus
Councillor Lachance
BE lT RESOLVED THAT Council for the Gorporation of the Municipality of St.-Gharbs hereby supporb
the lefter dated September 2O,2024 by the Town of Bradford West Gwilimbury, regarding the Ontario
Deposit Retum Program;
AND BE lT FURTHER RESOLVED THAT a copy of this Resolution be sent to the Minister of the
EnMronment, Gonservation and Paks, Andrea Khanjin; the Minister of Finance, Peter Bethlenfalvy; the
Association of Municipalities of Ontario (AMO); our local Member of Provincial Parliament (MPP); and
all Ontario Municipalities.
CARRIED
R
Treasury Board Secretariat
Emergency Management Ontario
25 Morton Shulman Avenue
Toronto ON M3M 0B1
Tel: 416-327-2333
Fax: 416-327-3790
Secrétariat du conseil du trésor
Gestion des situations d'urgence Ontario
25, avenue Morton Shulman
Toronto ON M3M 0B1
Tél.: 416-327-2333
Téléc. : 416-327-3790
December 2, 2024
Dear Team EMO,
I am pleased to share with you Ontario’s Public Education Strategy for Emergency
Management. This strategy informs Emergency Management Ontario’s approach to
supporting our partners and all Ontarians, using data-driven and collaborative public
education programming to improve the province’s emergency management education.
Our Public Education Strategy aims to:
Guide the province's approach to disaster risk reduction education,
Foster inclusive and collaborative partnerships, and
Support evidence-based decision-making to build sustainable community
resilience.
The strategy promotes integrating systemic risk reduction and community resilience into
every aspect of emergency preparedness education. It aligns with the Provincial
Emergency Management Strategy and Action Plan (PEMSAP) by developing,
implementing, and assessing effective public education programming at the provincial
level. The strategy is aligned with the PEMSAP, ensuring Ontarians are safe, practiced,
and prepared before, during, and after emergencies. It also places equity-deserving
groups at the center of planning, preparedness, and mitigation.
Together, we can build more resilient communities, and be better prepared to face
future challenges. A summary of the strategy is available on EMO Central as The Public
Education Strategy.
If you have any questions about the Public Education Strategy, please contact Francis
Gomes, Senior Manager, Preparedness Centre of Excellence at
Francis.Gomes@ontario.ca
Page 2 of 2
Thank you for your continued commitment to excellence in emergency management as
we work together to ensure Ontario is safe, practiced, and prepared.
Best always,
Lisa Priest
Assistant Deputy Minister | Preparedness, Programs and Planning at Emergency
Management Ontario
Treasury Board Secretariat | Ontario Public Service
416-845-4281 | lisa.priest@ontario.ca
234-2024-5801
December 12, 2024
Dear Head of Council,
I am pleased to inform you of the introduction of the proposed Municipal Accountability Act, 2024 on December 12, 2024, which, if passed, would make changes to the Municipal Act, 2001 and City of Toronto Act, 2006 to strengthen the municipal code of
conduct and integrity commissioner framework.
I appreciate the valuable feedback we have received from municipalities and share your commitment to safe and respectful workplaces. The proposed changes, if passed, would:
• enable the creation of a standard municipal code of conduct and standard municipal integrity commissioner investigation processes to help ensure consistency across all Ontario municipalities;
• create a role for the Integrity Commissioner of Ontario in municipal code of
conduct and integrity commissioner matters, including providing training to municipal integrity commissioners; and
• establish a mechanism to remove and disqualify members of council and certain local boards for a period of four years for the most serious code of conduct
violations following a recommendation from the local integrity commissioner, a
concurring report from the Integrity Commissioner of Ontario, and a unanimous vote of council.
In the coming months, I will want to hear your feedback on the Bill as well as other matters regarding local accountability regimes. I look forward to seeing many of you at
the upcoming Rural Ontario Municipal Association conference, where we will have the
opportunity to discuss these changes and other matters of importance to your communities.
If passed, important work to develop the regulations to support this new framework would lie ahead, and I remain committed to engaging with you throughout that process.
Our intention is to have these changes in effect for the new term of councils beginning
in Fall 2026 to ensure there is adequate opportunity for local implementation.
…/2
Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000
Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000
-2-
For more information on these amendments, please see the news release. To share
your comments on the proposed legislation, please see a posting on the Regulatory Registry that will be open for comments for 60 days.
If you have any questions regarding these new provisions, please contact your local Municipal Services Office with the Ministry of Municipal Affairs and Housing.
Sincerely,
Hon. Paul Calandra Minister of Municipal Affairs and Housing
c: Jessica Lippert, Chief of Staff
Owen Macri, Deputy Chief of Staff
Martha Greenberg, Deputy Minister
Caspar Hall, Assistant Deputy Minister, Local Government Division
Sean Fraser, Assistant Deputy Minister, Municipal Services Division
Municipal Clerks and CAOs
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: December 19, 2024
REPORT: CL-12/24 SUBJECT: SOCIAL MEDIA POLICY
BACKGROUND
Council received Report CL-17/23 at the December 21, 2023 Regular Meeting of Council and
passed the following motion:
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report CL-17/23 re Social Media Policy and Presence be received for information;
AND THAT staff report back to Council in Q1 2024 with costs, timeline and processes
associated with having a Facebook page for further consideration of potential
implementation.
Council then received Report CL-04/24 Social Media at the May 2, 2024 Regular Meeting of
Council and passed the following motion:
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report CL-04/24 re Social Media be received for information;
AND THAT staff be directed to report back with an updated policy with language
surrounding “post only” use and more information on staff availability to operationalize
the account.
DISCUSSION
Attached to this Report is an updated Social Media Policy for Council consideration. The
changes fall under Section 3 – General Provisions to outline the “post-only” function of the
corporate Facebook page. Section 3 also outlines the sole and unfettered discretion staff have
to not response to any direct message that contains language deemed abusive, hostile,
aggressive, bullying, or derogatory in any way.
Since the discussion of Report CL-04/24, there has been an organizational change allowing for
additional staff capacity to be included under the Municipality’s corporate communications
function. Now that this has been formally streamlined, if Council is still desirous of launching a
corporate Facebook page, Staff are looking to do so within Q1 2025.
Previously noted, staff recommended discontinuing the use of Voyent Alert! once a Facebook
page is live. As the subscription for Voyent Alert! is renewed in March of a given year, staff
propose keeping it for 2025 to allow for some cross-over and assessment of the Facebook page
usage. Assuming the Facebook page is successful, Voyent Alert! would then be discontinued
for 2026.
STRATEGIC PLAN
3.1: Quality of Governance > To undertake strategies and technology and knowledge
capital investments that continuously improve a service-oriented governance
approach in Bayham.
Initiative(s): Continue to address and evaluate technology and communication opportunities
ATTACHMENTS
1. Updated Draft Social Media Policy
RECOMMENDATION
THAT Report CL-12/24 re Social Media Policy be received for information;
AND THAT the Draft Social Media Policy be presented for enactment at the January 16,
2025 Regular Meeting of Council;
AND THAT, upon Policy enactment, staff be directed to proceed with a corporate social
media presence in accordance with Municipal Policy.
Respectfully Submitted by: Reviewed by:
Meagan Elliott Thomas Thayer, CMO, AOMC
Clerk Chief Administrative Officer
Social Media Policy
Section 1 – Purpose
The Municipality of Bayham supports and promotes the use of social media as a tool to deliver
effective and accessible communication about Municipal news, services and programs to the
community.
The purpose of this Policy is to set guidelines and standards to ensure the appropriate use and
management of social media by employees whether at work or on personal time. These standards
are in place for the protection of all employees and representatives of the Municipality.
Section 2 – Scope
This Policy applies to all Municipality of Bayham employees, Members of Council, and
representatives of the Municipality.
Section 3 – General Provisions
Philosophy
The Municipality is committed to delivering quality services and administration that is done in a
transparent, accountable manner with a focus on communication and customer service. The
Municipality utilizes social media for the purposes of sharing municipal information to our
community, stakeholders, and visitors. Although having a social media presence, the Municipality
does not engage on other platforms to correct false information. Any member of the public looking
for information should always go through the Corporate Website or contact the Municipal Office
directly. The use of social media is to support the information that is posted through the Corporate
Website.
Corporate Social Media Accounts & Use
The Municipality of Bayham maintains a corporate Facebook page. The Clerk or designate is the
Account Administrator and has access to log in, publish, post, share, and answer direct messages.
The Account Administrator shall abide by the following:
Not disclose confidential information
Respect copyright laws
Ensure content is accessible
Not engage in online disputes
The Corporate Facebook page shall operate in a “post-only” manner. Information is to be shared
and/or posted without the ability for followers to leave comments. The intent of this approach is to
use social media as an additional gateway tool to direct users to the Municipal website for
comprehensive information.
The ability for followers to “direct message” shall be available, however, complaints received
through this channel will not be considered formally submitted. When applicable, the Account
Administrator or designate may respond to a direct message by referring to the appropriate contact
or location of information on the Corporate Website. At their sole and unfettered discretion, the
Account Administrator or designate has the authority to not respond to any direct message
deemed derogatory, abusive, profane, or hostile, or any direct message containing language
deemed to be bullying, harassing, or aggressive in nature.
The Account Administrator or designate shall only monitor the Corporate Facebook page and
direct messages during regular business hours.
Members of Council & Social Media
The open, transparent nature of social media can present procedural considerations for Members
of Council. It is important to note that communications via social media channels are not
considered official correspondence in the way email and letters to and from Council are deemed to
be official, as outlined within the Municipality’s current Procedural By-law.
Social media should not be used to conduct official Municipal business, other than to informally
communicate with the public and connect them to information on the Municipal website. Posts or
comments will not circulate any organizational or confidential information such as internal
deliberations or negative comments about the Municipality, Council, Employees, Representatives,
or Residents.
Council is encouraged to share Municipal social media posts.
Personal Social Media Accounts
Employees who maintain personal social media accounts are personally responsible for the posted
content and their conduct. Any information, images, and/or statements shared by the employee on
their personal social media account should never reflect negatively on the Municipality and
employees will be held accountable for what they share on social media if there is a risk of the
content leading to negative repercussions for the Municipality.
In all instances, Employees should conduct themselves professionally both on- and off-duty.
Employees should never make discriminatory statements or comments of a harassing or bullying
nature about anyone, including co-workers, management, customers, or vendors. Employees
should further adhere to the Municipality’s current Personnel Policy, which refers to social media
use.
Employees who use social media sites are prohibited from publishing any proprietary and
confidential corporate information.
Section 4 – Administration
This Policy and any social media presence will be overseen and administered by the Clerk
or designate.
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: December 19, 2024
REPORT: CL-13/24 SUBJECT: FACILITY RENTAL POLICY
BACKGROUND
At its December 21, 2023 meeting, Council received Report CL-16/23 re Facility Rental Policy.
Council passed the following motion:
Moved by: Councillor Emerson Seconded by: Councillor Chilcott
THAT Report CL-16/23 re Facility Rental Policy be received for information; AND THAT the appropriate by-law be brought forward to adopt the policy as presented. At its December 12, 2024 meeting, Council received Report CL-10/24 re Rates and Fees
Update for 2025. Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CL-10/24 re Rates and Fees Update for 2025 be received for information;
AND THAT the proposed changes to the rates and fees contained within this report be approved as presented; AND THAT the appropriate Rates and Fees By-law be brought forward for enactment at the December 19, 2024 Regular Meeting of Council; AND THAT amendments to the Facility Rental Policy be brought forward for Council’s consideration.
DISCUSSION
In accordance with Council direction, an updated Facility Rental Policy is attached to this Report for consideration. Language in the policy is updated to help define how rental rates are applied and to add a second type of booking discount for Recurring Recreational Bookings. The following notes are what has been changed in the draft attached:
• Updated scope to include Servery and Concrete Pad as stand-alone rentals
• Updated general provisions to speak to thresholds for full-day rentals and when the discounted additional hours are to be applied
• Updated general provisions to include language to note that the Municipality reserves the right to deny any rental request for any reason and that set up and take down done by the SHF is not included in the rental time
• Updated general provisions to include language to allow the CAO authority to approve rental rates outside of the Rates and Fees by-law
• Updated general provisions to require bookings in full one-hour increments, and any half-hour rental requests are at the discretion of the Municipality.
• New section to define the Recurring Recreational Bookings
• Updated administration to be administered by the CAO Should Council be supportive of the proposed changes, the policy would be adopted by by-law. STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. Updated Facility Rental Policy RECOMMENDATION THAT Report CL-13/24 re Facility Rental Policy be received for information; AND THAT Council approves the Facility Rental Policy as presented;
AND THAT the appropriate by-law be brought forward to adopt the Policy.
Respectfully Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC
Clerk Chief Administrative Officer
Facility Rental Policy
Section 1 – Purpose The purpose of this policy is to outline the process and requirements to rent municipal facilities managed by the Straffordville Hall Foundation (SHF). Section 2 – Scope This policy applies to the Municipal facilities managed by the SHF. This includes:
• Straffordville Community Centre Main Hall
• Straffordville Community Centre Servery
• Straffordville Community Centre Trackless Lounge
• Straffordville Community Park Pavilion
• Straffordville Community Park Concrete Pad
• Straffordville Ball Diamond
• Port Burwell Ball Diamond Section 3 – General Provisions a) Rental inquiries are to be submitted to the prescribed representative of the SHF by phone
or email. b) Renters will complete an application form as deemed appropriate by the Municipality, and
will enter into an agreement for use of municipal property. c) Rental charges will be issued in accordance with the Municipal Rates and Fees By-law, and
may qualify for discounted rates as prescribed below or otherwise approved by the Chief Administrative Officer or designate. d) Rentals are available on a first-come, first-served basis. The Municipality reserves the right to deny any rental request for any reason. e) The threshold for full-day bookings for the Main Hall will generally be for six (6) or more hours. f) The discounted “Additional Hours” for the Main Hall and Trackless Lounge rate is only applied if the event is more than three (3) hours but less than six (6).
g) Rentals are booked in full-hour increments. No half-hour increments will apply to a rental without prior Municipal approval. h) All persons using a municipal facility must provide two (2) weeks prior to event a certificate
of insurance in the minimum amount of $2,000,000.00 naming the Municipality of Bayham as additional insured.
i) Deposit for hall rental is due at time of booking/signing. Balance of rental fee is due a minimum of two (2) weeks prior to date of function.
j) Failure to cancel in writing two (2) weeks prior to the booking will result in full charges being applied. k) A Damage Deposit based on 50% of the rental fee may be charged for Main Hall bookings which is refundable less applicable damages, if any. l) Main Hall or Trackless Lounge renters are responsible for all fire and/or security alarm and response costs. m) Facility use may be revoked as a result of damage or improperly disposed of refuse. Cleaning fees shall be the responsibility of the renter. n) Set up and take down of the space done by the SHF is not included in part of the allocated rentals. The prescribed representative of the SHF is to determine when set up and take
down is best suited based on the booking schedule and volunteer availability. Section 4 – Community Partners Community Partners shall mean not-for-profit community organizations or community organizations with a formal structure and mandate that provide funds or services on a volunteer basis for the good of the community. Community Partners may receive a $50 reduction on a Main Hall or Trackless rental as deemed
applicable. Qualification as a Community Partner shall be at the discretion of the Municipality. Section 5 – Recurring Recreational Bookings Recurring Recreational Bookings shall mean a renter who books the Main Hall for two (2) or more hours, six (6) or more times within a calendar year.
A Recurring Recreational Booking may receive a $50 reduction from each rental as deemed applicable.
Qualification for a Recurring Recreational Booking shall be at the sole and unfettered discretion of the Municipality.
Section 6 – Administration
This policy shall be administrated by the prescribed representative of the SHF and the
Chief Administrative Officer of the Municipality, or their designate.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: December 19, 2024
REPORT: CAO-57/24 SUBJECT: DISPOSITION OF PARTS 1 AND 2 – PLAN 11R-10901 – JOHN STREET, VIENNA
BACKGROUND
At its December 12, 2024 meeting, Council received Report CAO-55/24 re Disposition of Parts 1 and 2 – Plan 11R-10901 – John Street, Vienna and passed the following motion:
Moved by: Councillor Emerson Seconded by: Councillor Froese
THAT Report CAO-55/24 re Disposition of Parts 1 and 2 – Plan 11R-10901 – John Street, Vienna be received for information;
AND THAT Parts 1 and 2 on Plan 11R-10901, being part of John Street, Vienna, be
stopped up and closed, and prepared for conveyance to the abutting land owners at the value approved by Council;
AND THAT the appropriate by-laws to stop-up and close Parts 1 and 2 on Plan 11R-10901, being part of John Street, Vienna, be brought forward for Council’s consideration.
By-law No. 2024-071 was adopted later in the same meeting. DISCUSSION The draft Agreements of Purchase and Sale have been created and reviewed by staff, and circulated to the purchasers’ solicitors. Part 1 on Plan 11R-10901 is to be conveyed to Countryside Communities Inc. for a price of $15,000. Part 2 on Plan 11R-10901 is to be conveyed to Richard and Carol Holley for a price of $15,000.
Both purchasers are required to reimburse the Municipality for any applicable legal, survey, and appraisal costs in accordance with Municipal Policy. The intent is that both halves of the
conveyed John Street road allowance will merge on title with the respective abutting lands as formal lot additions. STRATEGIC PLAN Not applicable. RECOMMENDATION 1. THAT Report CAO-57/24 re Disposition of Parts 1 and 2 – Plan 11R-10901 – John Street, Vienna be received for information;
2. AND THAT the Council of The Corporation of the Municipality of Bayham authorizes the sale of Parts 1 and 2 on Plan 11R-10901, being part of John Street, Vienna, as follows:
• Part 1 on Plan 11R-10901 to Countryside Communities Inc. for $15,000 plus applicable costs, and,
• Part 2 on Plan 11R-10901 to Richard and Carol Holley for $15,000 plus applicable costs; 3. AND THAT the appropriate conveyance by-law be brought forward for Council’s consideration.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-074
A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY
WHEREAS Section 317 of The Municipal Act, 2001, Chapter 25, S.O. 2001, as amended,
provides for an interim levy for 2024 on the assessment of property in the municipality rateable
for local municipal purposes, subject to certain restrictions;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable and expedient that such a levy should be made;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT for the year 2025, the interim tax levying amounts to be levied, raised and
collected on all real property taxable within the residential, farmland, pipeline, multi-
residential, commercial and industrial classes, and liable to pay the same according to
the last revised assessment roll, shall be fifty (50) percent (%) of the total amount of
annualised taxes for municipal and school purposes levied on the property for the
previous year, that is for the year 2024;
2. THAT the said interim tax levying amounts shall be due and payable in two instalments
at the Municipality of Bayham Office at 56169 Heritage Line, Straffordville, on or before
the following dates:
FIRST INSTALMENT February 28, 2025
SECOND INSTALMENT May 30, 2025
Notice of such taxes due shall be sent by first class mail by the Tax Collector to those
persons or firms liable for the payment of taxes;
5. THAT a charge as a penalty of one and one-quarter per cent on the amount of any
outstanding taxes levied in 2025 shall be made on the first day of each calendar month
thereafter in which default continues, until December 31st 2025, and any such additional
amount shall be levied and collected in the same manner as if it had been originally
imposed with and formed part of such levy;
6. THAT interest of one and one-quarter per cent on the amount of any taxes due and
unpaid after December 31, 2025, shall be charged on the first day of each calendar
month thereafter in which the default continues;
7. THAT taxes may be levied, in accordance with the provisions of this by-law on the
assessment of property that is added to the assessment roll after this by-law is passed;
By-law 2024-074 -2-
8. THAT the provisions of the Municipal Act with respect to the levy of the yearly rates and
the collection of taxes apply mutatis mutandis to the levy of rates and collection of taxes
under this by-law;
9. THAT this by-law shall become effective as of the 1st day of January 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th
DAY OF DECEMBER 2022.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-075
BEING A BY-LAW TO AUTHORIZE BORROWING
FROM TIME TO TIME TO MEET CURRENT
EXPENDITURES DURING THE FISCAL YEAR ENDING
DECEMBER 31, 2025
WHEREAS the Municipal Act, 2001 S.O. 2001, Chapter 25, s.407, provides authority for a
council by-law to authorize temporary borrowing, until taxes are collected, and until other
revenues are received, to meet the current expenditures of the municipality for the year;
AND WHEREAS the total amount which may be borrowed from all sources at any one time to
meet the current expenditures of the municipality, except with the approval of the Ontario
Municipal Board, is limited by Section 407 of the Municipal Act, 2001;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
Borrowing 1) The head of Council and the Treasurer are hereby authorized to
Authority borrow from time to time by way of promissory note or bankers’
acceptance during the year 2025 (hereinafter referred to as the
current year) such sums as may be necessary to meet, until the
taxes are collected, and until other revenues are received, the
current expenditures of the municipality and the other amounts
that are set out in section 407 of the Municipal Act, 2001.
Instruments 2) A promissory note or bankers’ acceptance made under Section 1
shall be signed by the head of Council or such other person as is
authorized by by-law to sign it and by the Treasurer.
Lenders 3) The lenders from whom amounts may be borrowed under authority
of this by-law shall be the Royal Bank of Canada and such other
lender(s) and reserve funds of the municipality as may be
determined from time to time by resolution of the Council.
Limit on 4) The total amount which may be borrowed at any one time under
Borrowing this by-law, together with the total of any similar borrowings that
have not been repaid, shall not exceed, from January 1st until
September 30th of the current year, 50 percent of the estimated
revenues of the municipality as set forth in the estimates adopted
for that year. Such borrowing shall not exceed, from October 1st
until December 31st of the current year, 25 percent of the said
estimated revenues of the municipality as set forth in the
estimates adopted for that year. For purposes of this by-law, the
estimated revenues of the municipality shall not include revenues
derivable or derived from
-2-
(a) borrowings or issues of debentures, or
(b) a surplus, including arrears of levies, or
(c) a transfer from the capital fund, reserve funds or reserves.
Borrowing 5) The Treasurer shall, at the time when any amount is borrowed
Documents under this by-law, ensure that the lender is or has been furnished
Required with a certified copy of this by-law, a certified copy of the
resolution mentioned in Section 3 determining the lender if
applicable and a copy of the estimates of the corporation adopted
for the current year and also showing the total of any other
amounts borrowed from any and all sources under authority of
Section 407 of the Municipal Act, 2001 that have not been repaid.
When 6) If the estimates for the current year have not been adopted at the
Estimates Not time an amount is borrowed under this by-law.
Adopted
(a) the limitation on total borrowing shall be calculated for the
time being upon the estimated revenues of the municipality
as set forth in the estimates adopted for the previous year.
The 2025 estimated amount of revenues applicable to the
limitation on total borrowing is $12.8m.
Charge on 7) All or any sums borrowed under this by-law shall, with interest
Revenues thereon, be a charge upon the whole of the revenues of the
municipality for the current year and for any preceding years as
and when such revenues are received but such charge does not
defeat or affect and is subject to any prior charge then subsisting
in favour of any other lender.
Directive to 8) The Treasurer is hereby authorized and directed to apply in
Treasurer payment of all or any sums borrowed under this by-law, together
with interest thereon, all or any of the money hereafter collected or
received, either on account of or realized in respect of the taxes
levied for the current year and preceding years or from any other
source, which may lawfully be applied for such purpose.
Effective Date 9) This by-law shall come into full force and effect the 1st day of
January, 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th
DAY OF DECEMBER 2024.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-074
BEING A BY-LAW TO CONVEY PART OF JOHN STREET IN THE
MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN,
DESIGNATED AS PARTS 1 AND 2 ON REGISTERED PLAN 11R-
10901
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a
lower tier municipality may pass by-laws respecting Highways, including parking and traffic on
highways;
AND WHEREAS Section 8 of the said Municipal Act provides that a municipality has the capacity,
rights, powers, and privileges of a natural person for the purpose of exercising its authority under
this or any other Act;
AND WHEREAS Section 270(1) of the Municipal Act provides in part that every municipality with
authority to sell land shall pass a by-law establishing procedures governing the sale of land;
AND WHEREAS the Municipality of Bayham passed By-law No. 2015-021 to establish a
procedure governing the sale of municipal owned land;
AND WHEREAS the Council of the Municipality of Bayham is desirous of selling property owned
by the Municipality and has completed procedures pursuant to By-law No. 2015-021 for the sale of
the subject lands;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
ENACTS AS FOLLOWS:
1. THAT the Council of the Municipality of Bayham authorizes the Mayor and Chief Administrative
Officer to execute all documents as may be necessary to provide for the conveyance of real
property described as Part 1 on Registered Plan 11R-10901, to Countryside Communities Inc.
for $15,000;
2. AND THAT the Council of the Municipality of Bayham authorizes the Mayor and Chief
Administrative Officer to execute all documents as may be necessary to provide for the
conveyance of real property described as Part 2 on Registered Plan 11R-10901, to Richard and
Carol Holley for $15,000;
3. AND THAT this by-law shall take effect upon the date of its registration in the Land Titles
Division for the County of Elgin (No. 11).
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF
DECEMBER 2024.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-077
BEING A BY-LAW TO ESTABLISH AND REQUIRE
THE PAYMENT OF RATES AND FEES
WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, as amended, provides for a municipality
to pass by-laws imposing fees or charges on any persons for services or activities provided or done by or
on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any
other municipality or local board, and for the use of its property including property under its control;
AND WHEREAS Section 69 of the Planning Act R.S.O. 1990, c. P. 13 as amended provides that a
municipality may establish a tariff of fees for the processing of applications made in respect of planning
matters;
AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, as amended authorizes a
municipal Council to pass by-laws concerning the issuance of permits and related matters;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham has adopted a 2023-2026
Community Strategic Plan;
AND WHEREAS a primary initiative contained within the 2023-2026 Community Strategic Plan is to
“Investigate options for moving services to full cost recovery”;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
ENACTS A BY-LAW AS FOLLOWS:
1. THAT “Schedule A” hereto, which forms part of this by-law, sets out the rates and fees of the
Municipality of Bayham for the activities and services enumerated therein;
2. THAT the rates and fees established in this by-law shall be due and payable in full;
3. THAT the rates for Full Cost Recovery items and the rates associated with a current rate from an
external organization, such as the MTO or OPSS, will be established by incorporating either the
staff, capital and overhead rate(s) required to provide the service, or the applicable billable rate or
invoice amount provided to the Municipality for the service(s) rendered;
4. THAT the Fee component of any item requiring both a Fee and Deposit shall be non-refundable
upon provision of the service requested;
5. THAT the Deposit component of any item requiring both a Fee and Deposit shall be funded prior
to the provision of the service requested and may not be returned in full if costs of service
surpass what is covered by the Fee;
6. THAT the fees contained in this by-law shall be adjusted annually in accordance with the October
Ontario Consumer Price Index (CPI) or Building Construction Price Index (BCPI), as deemed
appropriate, without having to formally amend the by-law;
7. THAT any discrepancies or applicability of this by-law be determined by the Treasurer or
designate;
8. THAT any other rates and fees adopted elsewhere and not contained herein remain applicable;
9. THAT this by-law take effect on January 1, 2025;
10. AND THAT By-law No. 2023-095 and all amendments be repealed as of January 1, 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF
DECEMBER 2024.
____________________________ _____________________________
MAYOR CLERK
CATEGORY ITEM FEE
Admin - Photocopying per page - black & white 8.5x11 or 15 $0.75
per page - black & white 11x17 $1.00
per page - coloured 8.5x11 or 15 $2.00
per page - coloured 11x17 $2.50
fax $1.00
per page - GIS maps & plans 8.5x11 $7.00
per page - GIS maps & plans 11x17 $11.00
copy of zoning by-law $25.00
copy of official plan $35.00
Admin - Culture and Tourism Councils & Historic Highlights + 5% HST $3.00
Bayham Memories & Milestones + 5% HST $12.00
Municipal Key Fobs $2.00
Discover Bayham Mugs $5.00
Admin - Lottery Lottery Licence 3% of cash value of all prize ($10
minimum fee)
Admin - Freedom of Information FOI Application $5.00
FOI Additional Charges $7.50/15 min of seach and review of
documents, photocopying $0.20/page
Admin - Miscellaneous Alcohol and Gaming Commission of Ontario Municipal Information
Form $25.00
Preparation, Registration or Discharge of Agreement/Interest Fee $500.00
Ontario Power Authority Fee in Tarriff Support Resolution $100.00
Garbage Tags $2.00
Blue Box +HST $10.00
County Map $3.00
Municipal Pins
First 15 pins free, each additional
$1.00 (maximum 25 pins unless
special approval)
Commissioning of Affidavits $20.00 (senior pension forms
exempt)
Certification of Documents $20.00
Livestock Valuer $150.00
Food Truck License $500.00
Ice Cream Truck License $250.00
Stationary BBQ Vendor License $250.00
Stationary Food/Beverage Vendor License $250.00
Kennel Licence (first time)$250.00
Kennel Licence (renewal)$200.00
Animal Rescue Facility (First time)$150.00
Animal Rescue Facility (renewal) $100.00
By-law Enforcement By-law Exemption Request $150.00
Noise Exemption $150.00
Remedial Action Fee Over $2000 Cost + 15%
Remedial Action Fee Under $2000 Cost + $300
Zoning Enforcement Compliance Date Extension Application Fee $100 Per Month Requested
Lot Maintenance Extension Fee $50.00
First Notice of Non-Compliance FREE
Second Notice of Non-Compliance $150.00
Third and Final Notice of Non-Compliance / Order $200.00
Use of Staff Resources - Per Member, One Hour Minimum $75/hour
Property Standards Appeal $500.00
Superior Court of Justice Appeal of Property Standards Decision $800.00
Title Search $50.00
Corporate Search Cost + $25
Reigster or Discharge an Order on Title $350.00
Registered Mail $10 per Letter
Execute Search Warrant $500.00
Locksmith Service Cost + 15%
Treasury Tax Certificate $75.00
Zoning Certificate $75.00
Building Work Order $75.00
Drainage Work Order $75.00
By-law/Fire Services Order $75.00
NSF Payment Fee $35.00
Tax Sale Registration Process Full Cost Recovery + $100.00
Planning Services Offical Plan Amendment Application $2542.00 plus $1000 deposit
Zoning By-law Amendment Application $2542.00 plus $1000 deposit
Temporary Use Zoning By-law $1,020 plus $1,000 deposit
Temporary Use Zoning By-law Renewal $510 plus $1,000 deposit
Zoning Amendment to Remove Holding $510.00 plus $1,000 deposit
Minor Variance Application $1095.00 plus $1000 deposit
Site Plan Application/Agreement $1437.00 plus $1000 deposit
Site Plan Agreement - properties with accumulative
commercial/industrial/institutional building area of 150 m2 or less $255.00 plus $250.00 deposit
Site Plan Agreement Amendment $510 plus $500 deposit
Development Agreement $1,020 plus $1,000 deposit
Plan of Subdivision Application $2658.00 plus $6000 deposit
Defense of Local Planning Appeal Tribunal $5,000.00 deposit - full cost to
applicant
Planning Report $1200.00
Consent Application Clearance Letter $100.00
Planning Signage - Install and Remove $175.00
Third Party Review Fee Cost + $60
Preconsult $827.00 plus $300 deposit
Zoning By-law - Section 4.12 Temporary Use Fee $10,000.00 Security Deposit
$1000.00 Development Agreement
Water/Wastewater Change of Occupancy - New Account Charge $50.00
Add to Tax Roll $50.00
Late Payment Charge 5%
Sewer Connection Permit $400.00
Sewer Connection Inspection $300.00
Water Connection Permit $400.00
Water Connection Inspection $300.00
Ontario OneCall Relocate/Remark +HST $200.00
Water Meter- Residential (including dual checkvalve, inspection,
meter tail and ball valve)$806.26
Water Meter Register $484.50
Water Meter Register for Pit Application $544.68
Dual Check Valve $49.93
Water Meter Bottom Plate with Gasket $25.50
Water Meter Non-Residential Full Cost Recovery
Dual Check Valve Non-Residential Full Cost Recovery
Water Meter Test Full Cost Recovery
Water Shut off/on $110 + current OPSS pickup truck
rate
Water meter pit with radio antenna lid and associated
couplers/adaptors $1,855.00
Public Works Road Access Permit $300.00
MVC Response Current MTO Rate
Other Emergencies Response Current MTO Rate
Nuisance Calls Debris on Road Current MTO Rate
Public Works - Civic Addressing Application Blade, Post, Installation $200.00
Replacement Blade Only $150.00
Replacement Post Only $100.00
Public Works - Over Dimensional Load Permit Single Use $200.00
Annual $500.00
Private Utility Road Bore $300.00
Fire Services MVC Response Current MTO rate for pumper, rescue
& tanker
Other Response Current MTO Rate
Burn Permit $50.00 per calendar year
Cost Recovery - Foam Full Cost Recovery
Fire Report - Post Fire $100.00
Fire Inspection - Real Estate - Minimum 2 hours $75.00/hr
Fire Safety Plan Review $100.00
Illegal or unauthorized fire (including arson)Full Cost Recovery
Hazardous Materials Clean-up (as per Environmental Protection Act,
RSO 1990)Full Cost Recovery
Fire Response Fees (Indemnification
Technology Municipal Act)Current MTO Rate
Fireworks - review application and inspection $75.00/hr
Marine Museum Entrance Fees Children 12 years of age and under Free
Adults (13+)$3.00 per person
Family (up to 4 adults)$8.00 per family
Museum Admission - Children's Educational Program $4.00 per student
Museum Admission - Tour Groups of 10 or more adults $2.00 per person
Building Fees
Agricultural Permit Fees Fee Adder Units
Farm Buildings - new - up to 10,000 sq ft $150.00 $0.45 sq ft
Farm Buildings - new - over 10,000 sq ft $4,450.00 $0.40 sq ft
Farm Buildings - addition - up to 10,000 sq ft $150.00 $0.45 sq ft
Farm Buildings - addition - over 10,000 sq ft $4,450.00 $0.40 sq ft
Farm Buildings - renovations $150.00 $10.45 $000cv
Manure Tanks $150.00 $10.45 $000cv
Grain Bins $150.00 $10.45 $000cv
Silos $150.00 $10.45 $000cv
Bunker Silos $150.00 $10.45 $000cv
Kilns $200.00 Flat Rate
Corn Cribs $200.00 Flat Rate
Grain Dryers $150.00 $10.45 $000cv
Industrial, Commercial & Institutional (ICI) Permit Fees Fee Adder Units
I C I Buildings - new - up to 10,000 sq ft $150.00 $0.95 sq ft
I C I Buildings - new - over 10,000 sq ft $9,350.00 $0.95 sq ft
I C I Buildings - addition - up to 10,000 sq ft $150.00 $0.95 sq ft
I C I Buildings - addition - over 10,000 sq ft $9,350.00 $0.95 sq ft
I C I Buildings - renovations $150.00 $10.45 $000cv
Residential Permit Fees Fee Adder Units
Residential Dwellings - new - up to 1,500 sq ft $1,500.00 $0.00 sq ft
Residential Dwellings - new - over 1,500 sq ft $1,500.00 $0.95 sq ft
Accessory Buildings - up to 300 sq ft $300.00 Flat Rate
Accessory Buildings - over 300 sq ft $300.00 $0.55 sq ft
Garage - attached to new home $0.45 sq ft
Garages, carports, etc - up to 300 sq ft $150.00 Flat Rate
Garages, carports, etc - over 300 sq ft $300.00 $0.55 sq ft
Renovations $150.00 $10.45 $000cv
Decks, ramps & wood stoves $300.00 Flat Rate
Lot Grading Plan Deposit $1,000.00 refundable
Occupancy Permit (within 2 years)$0.00
Occupancy Permit (after 2 years)$300.00 Flat Rate
Septic Permit Fees Fee Adder Units
Class 1 - small $620.00 Flat Rate
Class 2-3 - small $620.00 Flat Rate
Class 4-5 - small $620.00 Flat Rate
Class 1 - large $1,350.00 Flat Rate
Class 2-3 - large $1,350.00 Flat Rate
Class 4-5 - large $1,350.00 Flat Rate
Leaching Beds $500.00 Flat Rate
Absorption Trench $500.00 Flat Rate
Filter Beds $500.00 Flat Rate
Repairs $500.00 Flat Rate
Lot Assessments $100.00 Flat Rate
Plumbing $150.00 $10.00 fixture
Swimming Pool $300.00 Flat Rate
Miscellaneous Permit Fees Fee Adder Units
Change of Use $200.00 Flat Rate
Other Inspections (as deemed by CBO)$200.00 Flat Rate
Signs $200.00 Flat Rate
Mobile Homes - as second dwelling on farm $200.00 $10.00 $000cv
Modular Homes $200.00 $0.60 sq ft
Temporary Mobile Homes (approved by Council)$200.00 $100.00 renewal
Temporary Mobile Homes (under construction)$200.00 Flat Rate
Existing buildings moved to a new site $200.00 $0.55 sq ft
Additions to moved structures (at move)$200.00 $0.55 sq ft
Additions to moved structures (after move)$200.00 $0.55 sq ft
Permit Transfer $200.00 Flat Rate
Tents - temporary/special occasion $200.00 Flat Rate
Solar Panel - roof mounted $200.00 Flat Rate
Demolition Permit $200.00 Flat Rate
Building Permit Annual Maintenance Fee $300.00
Municipal Property Damage Deposit $5,000.00
Building Permit Deposit - General $200.00
Building Permit Deposit - New House $500.00
Facility Rental Fees
Facility Type Fee HST TOTAL
Straffordville Community Centre - Main Hall
(includes Servery)Full Day Mon - Thurs & Sun $300.00 $39.00 $339.00
Full Day Fri & Sat $400.00 $52.00 $452.00
1 Hour $50.00 $6.50 $56.50
up to 3 Hours $150.00 $19.50 $169.50
Additional hours $30.00 $3.90 $33.90
Funeral Luncheon / Celebration of Life $75.00 $9.75 $84.75
Straffordville Community Centre - Servery Only up to 3 Hours $75.00 $9.75 $84.75
Straffordville Community Centre - Trackless Lounge up to 3 Hours $75.00 $9.75 $84.75
Additional hours $30.00 $3.90 $33.90
Straffordville Pavillion Rental $60.00 $7.80 $67.80
Straffordville Concrete Pad Rental $25.00 $3.25 $28.25
Ball Diamonds Rental - League $15.00 $1.95 $16.95
Rental - Casual $25.00 $3.25 $28.25
Additional Costs Damage Deposit (refundable) $350.00 $45.50 $395.50
Security Deposit (non-refundable)50% of rental fee N/A
Additional Cleaning/other services Cost Recovery N/A Cost Recovery
Key Fee (refundable after function)$100.00 N/A $100.00
Failing to vacate by 2:00 a.m.$50/half hour N/A $50/half hour
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-078
A BY-LAW TO ADOPT A FACILITY RENTAL POLICY
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a
Municipality with the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Straffordville Hall Foundation provides services to manage the
bookings of rentals for certain Municipal Facilities;
AND WHEREAS it is necessary to have a policy to outline the provisions associated
with renting these municipal facilities;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the Facility Rental Policy attached hereto as Schedule “A” and forming
part of this by-law is hereby adopted;
2. AND THAT this by-law shall come into full force and effect on January 1, 2025;
3. AND THAT By-law No. 2023-096 shall be repealed on January 1, 2025.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th
DAY OF DECEMBER 2024.
____________________________ _____________________________
MAYOR CLERK
Facility Rental Policy
Section 1 – Purpose The purpose of this policy is to outline the process and requirements to rent municipal facilities managed by the Straffordville Hall Foundation (SHF). Section 2 – Scope This policy applies to the Municipal facilities managed by the SHF. This includes:
• Straffordville Community Centre Main Hall
• Straffordville Community Centre Servery
• Straffordville Community Centre Trackless Lounge
• Straffordville Community Park Pavilion
• Straffordville Community Park Concrete Pad
• Straffordville Ball Diamond
• Port Burwell Ball Diamond Section 3 – General Provisions a) Rental inquiries are to be submitted to the prescribed representative of the SHF by phone
or email. b) Renters will complete an application form as deemed appropriate by the Municipality, and
will enter into an agreement for use of municipal property. c) Rental charges will be issued in accordance with the Municipal Rates and Fees By-law, and
may qualify for discounted rates as prescribed below or otherwise approved by the Chief Administrative Officer or designate. d) Rentals are available on a first-come, first-served basis. The Municipality reserves the right to deny any rental request for any reason. e) The threshold for full-day bookings for the Main Hall will generally be for six (6) or more hours. f) The discounted “Additional Hours” for the Main Hall and Trackless Lounge rate is only applied if the event is more than three (3) hours but less than six (6).
g) Rentals are booked in full-hour increments. No half-hour increments will apply to a rental without prior Municipal approval. h) All persons using a municipal facility must provide two (2) weeks prior to event a certificate
of insurance in the minimum amount of $2,000,000.00 naming the Municipality of Bayham as additional insured.
i) Deposit for hall rental is due at time of booking/signing. Balance of rental fee is due a minimum of two (2) weeks prior to date of function.
j) Failure to cancel in writing two (2) weeks prior to the booking will result in full charges being applied. k) A Damage Deposit based on 50% of the rental fee may be charged for Main Hall bookings which is refundable less applicable damages, if any. l) Main Hall or Trackless Lounge renters are responsible for all fire and/or security alarm and response costs. m) Facility use may be revoked as a result of damage or improperly disposed of refuse. Cleaning fees shall be the responsibility of the renter. n) Set up and take down of the space done by the SHF is not included in part of the allocated rentals. The prescribed representative of the SHF is to determine when set up and take
down is best suited based on the booking schedule and volunteer availability. Section 4 – Community Partners Community Partners shall mean not-for-profit community organizations or community organizations with a formal structure and mandate that provide funds or services on a volunteer basis for the good of the community. Community Partners may receive a $50 reduction on a Main Hall or Trackless rental as deemed
applicable. Qualification as a Community Partner shall be at the discretion of the Municipality. Section 5 – Recurring Recreational Bookings Recurring Recreational Bookings shall mean a renter who books the Main Hall for two (2) or more hours, six (6) or more times within a calendar year.
A Recurring Recreational Booking may receive a $50 reduction from each rental as deemed applicable.
Qualification for a Recurring Recreational Booking shall be at the sole and unfettered discretion of the Municipality.
Section 6 – Administration
This policy shall be administrated by the prescribed representative of the SHF and the
Chief Administrative Officer of the Municipality, or their designate.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-079
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND FROESE EXCAVATING LTD. FOR NORTH STREET DRAIN WORKS
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS on December 12, 2024 the Municipality of Bayham passed By-law No.
2024-062 being a by-law to provide for drainage works in the Municipality of Bayham in the
County of Elgin known as the North Street Municipal Drain;
AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded the
Form of Tender – North Street Drain to Froese Excavating Ltd. in the amount of $132,944.50
+HST on December 19, 2024;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Froese Excavating Ltd. for these drainage works;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Chief Administrative Officer be and are hereby authorized to
execute the Agreement attached hereto as Schedule “A” and forming part of this by-
law between The Corporation of the Municipality of Bayham and Froese Excavating
Ltd. for North Street Drain works;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF
DECEMBER, 2024.
___________________________ _____________________________
MAYOR CLERK
Page 1 of 3
THIS AGREEMENT DATED THE 19th DAY OF DECEMBER, 2024
BETWEEN:
The Corporation of the Municipality of Bayham
(Hereinafter called the “Municipality”
of the First Part
and
Froese Excavating Ltd.
(Hereinafter called the "Contractor")
of the Second Part
Section 1 - General Provisions
1.1 A general description of work is to provide all the labour, equipment and materials required for
the North Street Drain works as outlined in the Form of Tender attached to this Agreement.
1.2 In respect of such work and except as otherwise specifically provided, the Contractor, at his own
expense, shall provide all and every kind of labour, machinery, plant, structures, roadways and
materials necessary for the due execution and completion of all the work set out in this Contract
and shall forthwith according to the instructions of the Municipality commence the works and
diligently execute the respective portions thereof; and deliver the works complete in every
particular to the Municipality within the time specified in the Tender.
1.3 The Contractor shall be responsible for any damage made to Municipal or private property. Any
damage will be repaired at the expense of the Contractor and approved by the Municipality.
1.4 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an
amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an
additional insured in respect of all operations performed by or on behalf of the Municipality. The
coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days
prior written notice to the Municipality. A Certificate of Insurance shall be filed with the
Municipality upon the signing of the Agreement and be maintained in place for the duration of
the agreement.
1.5 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational
Health and Safety Act and further agrees to take responsibility for any health and safety violation
that may occur. The Contractor shall indemnify and save harmless the Municipality from any
and all charges, fines, penalties and costs that may be incurred of paid by the Municipality.
1.6 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating
that all payments by the Contractor to the WSIB in conjunction with this Agreement have been
made and that the Municipality will not be liable to the Board for future payments in connection
with the Agreement. The Certificate shall be provided upon signing of the Agreement.
Page 2 of 3
Section 2 – Administration
2.1 This Agreement shall take effect on the 19th day of December, 2024 and shall remain
in effect until February 28, 2025.
2.2 Payment shall be made net thirty (30) calendar days following receipt of invoice.
2.3 Any notice required to be given under this Agreement must be in writing to the
applicable address set out below:
(a) in the case of the Municipality:
Municipality of Bayham
PO Box 160
56169 Heritage Line
Straffordville, ON N0J 1Y0
Office: (519) 866-5521
Email: sadams@bayham.on.ca
(b) in the case of the Contractor:
Froese Excavating Ltd.
408 Plowmans Line
Tillsonburg, ON N4G 4G9
519-317-5261
2.4 In construing this Agreement, words in the singular shall include the plural and vice versa and
words importing the masculine shall include the feminine, and the neuter and vice versa, and
words importing persons shall include corporations and vice versa.
Page 3 of 3
IN WITNESS WHEREOF the parties have duly executed this Agreement this 19th day of December,
2024.
Authorized by ) THE CORPORATION OF THE
Bayham By-law No. 2024-079 ) MUNICIPALITY OF BAYHAM
)
)
) _____________________________
) Mayor
)
) _____________________________
) Chief Administrative Officer
)
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 19th day of December, 2024.
In the presence of )
)
)
_______________________ ) ______________________________
Witness: ) Froese Excavating Ltd.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-080
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD DECEMBER 19, 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 December 19, 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 19th
DAY OF DECEMBER, 2024.
____________________________ _____________________________
MAYOR CLERK