HomeMy WebLinkAboutApril 03, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, April 3, 2025
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 1 Application
The April 3, 2025 Council Meeting will allow for a hybrid meeting function.
You may attend in person or virtually through the live-stream
on the Municipality of Bayham’s YouTube Channel
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
5. PRESENTATIONS
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held March 20, 2025
B. Public Drainage Meeting held March 20, 2025
C. Special Meeting of Council held March 27, 2025
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
Council Agenda April 3, 2025
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12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance COA-04/25 Hiebert
B. Notice of Decision re Minor Variance COA-05/25 Driedger, Hiebert, Schmitt
C. Notice of Passing re Zoning By-law Amendment ZBA-04/25 Fehr
D. Notice of Passing re Zoning By-law Amendment ZBA-05/25 1830567 Ontario Inc.
E. Notice of Passing re Zoning By-law Amendment ZBA-06/25 Wood
F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-09/25 Agoston
G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-07/25 Banman
H. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-08/25 North Urban
Homes Ltd.
I. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-11/25 Beard
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-18/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Request to
Amend Conditions of Consent E46-49-23 Nezezon and Howlett 46 Chapel Street
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Municipality of Central Elgin re Edible Plantings & Community Garden Program
Development
B. County of Elgin re March 25, 2025 From the Council Chambers
C. Joint Board of Management re December 4, 2024 Minutes
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CAO-20/25 by Thomas Thayer, CAO re Annual Report – Shared Services –
Building and By-law Enforcement Services
B. Report CAO-21/25 by Thomas Thayer, CAO re Amendments to Procurement Policy – By-
law No. 2015-030
Council Agenda April 3, 2025
3
14. BY-LAWS
A. By-law No. 2025-026 Being a by-law to amend By-law No. 2015-030 being a by-
law to define the procurement policies and procedures for the Corporation of the
Municipality of Bayham
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
A. Confidential Item re A position, plan, procedure, criteria or instruction to be applied to any
negotiations on or to be carried on by or on behalf of the Municipality of Local Board
(Municipal Property)
B. Confidential Item re Security of municipal property (Information Technology)
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2025-027 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, March 20, 2025
7:00 p.m.
8:00 p.m. Drainage Public Meeting – Bartley Drain
The March 20, 2025 Council Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON
DAN FROESE *via Zoom
SUSAN CHILCOTT *via Zoom
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
MANAGER OF PUBLIC WORKS / DRAINAGE
SUPERINTENDENT STEVE ADAMS
FIRE CHIEF HARRY BARANIK
BY-LAW ENFORCEMENT OFFICER MARK RUSSELL
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 interests were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
No announcements.
5. PRESENTATIONS
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held March 6, 2025
B. Statutory Planning Meeting held March 6, 2025
Council Minutes March 20, 2025
2
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the minutes from the Regular Meeting of Council held March 6, 2025 and the minutes
from the Statutory Planning Meeting held March 6, 2025 be approved as presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report BL-03/25 by Mark Russell, By-law Enforcement Officer re 2024 By-law
Enforcement Annual Report
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report BL-03/25 re 2024 By-law Enforcement Annual Report be received for
information.
CARRIED
B. Report FR-02/25 by Harry Baranik, Fire Chief re Single-Year Procurement – Capital Item
No. FD-05 Self Contained Breathing Apparatus (SCBA) Replacement
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report FR-02/25 re Single-Year Procurement – Capital Item No. FD-05 – Self
Contained Breathing Apparatus (SCBA) Replacement be received for information;
AND THAT Council amends Capital Item No. FD-05 to permit a single-year procurement in
2025 using additional funds from the following reserves:
Council Minutes March 20, 2025
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Fire Reserve $222,399
Rate Stabilization Reserve $132,080
CARRIED
C. Report PS-03/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award RFT 25-01 Supply & Apply Dust Control
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report PS-03/25 re Tender Award – RFT 25-01 – 2025-2027 Supply & Apply Dust
Control be received for information;
AND THAT the contract for 2025-2027 Supply & Apply Dust Control be granted to 552976
Ontario Ltd. in accordance with their tender submission in the amount of $500.00+ HST per
Flake Tonne;
AND THAT the appropriate by-law to enter into an agreement with 552976 Ontario Ltd for the
provision of 2025-2027 Supply & Apply Dust Control 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 Application re Proposed Draft Plan of Subdivision – Countryside Communities
Inc.
B. Notice of Passing re Zoning By-law Amendment ZBA-03/25 Underhill Farms Ltd.
C. Notice of Public Meeting re Proposed Minor Variance COA-04/25 Hiebert
D. Notice of Public Meeting re Proposed Minor Variance COA-05/25 Driedger, Hiebert &
Schmitt
E. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-09/25 Agoston
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 12.1.1 A – E be received for information.
CARRIED
Council Minutes March 20, 2025
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12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-15/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-04/25 Fehr 11010 Culloden Road
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-15/25 regarding the Fehr rezoning application ZBA-04/25 be received for
information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities
Act, 2015, it be pointed out that at the public participation meeting held March 6, 2025
associated with this application, there were no attendees, no oral presentations, no public
written submissions and two agency submissions from the Southwestern Public Health and
Long Point Region Conservation Authority received regarding this matter;
AND THAT all considerations were taken into account in Council’s decision passing this
resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on lands located in Lot 6 Concession 9, specifically the severed parcel from
Agricultural (A1) to Agricultural (A1-A) to permit the addition of a parcel with an area of 7.27
hectares to an existing lot as part of the clearing of consent conditions of Elgin Land Division
Committee file number E92-24;
AND THAT Zoning By-law No. Z800-2025 be presented to Council for enactment.
CARRIED
B. Report DS-16/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-05/25 1830567 Ontario Inc. 55942 Maple Grove Line
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report DS-16/25 regarding the 1830567 Ontario Inc. rezoning application ZBA-05/25
be received for information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities
Act, 2015, it be pointed out that at the public participation meeting held March 6, 2025
associated with this application, only the Appointed Agent attended and there were no public
oral presentations, no public written submissions and one agency submission from the
Southwestern Public Health received regarding this matter;
AND THAT all considerations were taken into account in Council’s decision passing this
resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on lands located in Lot 19 Concession 8, specifically the severed parcel from
Agricultural (A1) Zone to Site-specific Rural Residential (RR-45) Zone to recognize the
Council Minutes March 20, 2025
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residential nature of the new residential lot and from Agricultural (A1) Zone to Site-specific
Special Agricultural (A2-18) Zone to prohibit new dwellings on the retained farm parcel in
accordance with Official Plan policies for surplus farm dwelling severances and as part of
clearing consent conditions of Elgin Land Division Committee file number E2-25;
AND THAT Zoning By-law No. Z801-2025 be presented to Council for enactment.
CARRIED
The Council Meeting recessed at 7:59 p.m. to hold a Drainage Public Meeting.
The Council Meeting resumed at 8:07 p.m.
C. Report DS-17/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-06/25 Wood 9837 Coyle Road
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report DS-17/25 regarding the Wood rezoning application ZBA-06/25 be received for
information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities
Act, 2015, it be pointed out that at the public participation meeting held March 6, 2025
associated with this application, only the Appointed Agent attended and there were no public
oral presentations and two agency submissions from the Southwestern Public Health and
Long Point Region Conservation Authority received regarding this matter;
AND THAT all considerations were taken into account in Council’s decision passing this
resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on lands located in Lots 24 and 25 Concession 8, specifically the severed parcel
from Agricultural (A1) Zone to Site-specific Rural Residential (RR-46) Zone to recognize the
residential nature of the new residential lot and from Agricultural (A1) to Special Agricultural
(A2) Zone to prohibit new dwellings on the retained farm parcel in accordance with Official
Plan policies for surplus farm dwelling severances and as part of the clearing of consent
conditions of Elgin Land Division Committee file number E88-24;
AND THAT Zoning By-law No. Z802-2025 be presented to Council for enactment.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Township of Coleman re Need for Improvements of Highways 11 and 17
B. Town of Bradford West Gwillimbury re Request Landlord Tenant Reforms
C. Durham Region re Protecting Canadian Values: Ban the Nazi Swastika in Canada
Council Minutes March 20, 2025
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D. City of Sarnia re Carbon Tax
E. Municipality of Chatham-Kent re Impacts of Tariffs
F. Municipality of East Ferris re Standing for Canada
G. Long Point Region Conservation Authority re February 5, 2025 Meeting Minutes
H. Town of Tillsonburg re T:GO Inter-Community Transit
I. Elgin County re March 11, 2025 From the Council Chambers
J. Long Point Region Conservation Authority re Annual Report and Financial Statements
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT items 13.1.1 A – J be received for information;
AND THAT Council for the Corporation of the Municipality of Bayham supports item F.
CARRIED
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CAO-16/25 by Thomas Thayer, CAO re Public Comments Received – Stop-Up,
Close and Convey Part 1 on Plan 11R-11305 – Part of Fourth Street
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report CAO-16/25 re Public Comments Received – Stop-up, Closed, and Convey –
Part 1 on Plan 11R-11305 – Part of Fourth Street, Straffordville be received for information;
AND THAT Council acknowledges that there were no public comments received during the
comment period on this file;
AND THAT the Council of The Corporation of the Municipality of Bayham directs the stop-up,
close, and conveyance of Part 1 on Plan 11R-11305 to the Trustees of the Straffordville
Evangelical Mennonite Church;
AND THAT the appropriate by-law be brought forward for Council’s consideration.
CARRIED
B. Report CAO-17/25 by Thomas Thayer, CAO re Stop-Up, Close and Convey – Emberson –
Part of Erieus Street
Council Minutes March 20, 2025
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Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report CAO-17/25 re Stop-Up, Close, and Convey – Emberson – Part of Erieus
Street, Port Burwell be received for information;
AND THAT staff be directed to proceed with a stop-up, close, and conveyance of part of
Erieus Street, Port Burwell, to Mike and Kim Emberson in accordance with Municipal policy.
CARRIED
C. Report CAO-18/25 by Thomas Thayer, CAO re Sole Source Capital Item No. PW-33
Lakeshore Line Study
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report CAO-18/25 re Sole Source – Capital Item No. PW-33 – Lakeshore Line Study
be received for information;
AND THAT Council approve a sole source of Capital Item No. PW-33 – Lakeshore Line
Study – to Shoreplan Engineering Limited based on their total quoted amount of $29,500 +
HST and disbursements.
CARRIED
14. BY-LAWS
A. By-law No. 2025-021 Being a provisional by-law to provide for drainage works in
the Municipality of Bayham in the County of Elgin known as the Bartley Drain
B. By-law No. 2025-022 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and 552976 Ontario Ltd. for the
provision of supply and apply dust control
C. By-law No. 2025-023 Being a by-law to stop up, close and convey part of Fourth
Street in the Municipality of Bayham in the County of Elgin designated as Part 1 on
Registered Plan 11R-11305
D. By-law No. Z800-2025 Being a by-law to amend By-law No. Z456-2003, as
amended – Fehr
E. By-law No. Z801-2025 Being a by-law to amend By-law No. Z456-2003, as
amended – 1830567 Ontario Inc.
F. By-law No. Z802-2025 Being a by-law to amend By-law No. Z456-2003, as
amended – Wood
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
Council Minutes March 20, 2025
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THAT By-law No. 2025-021 be given a first and second reading.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT By-law Nos. 2025-022, 2025-023, Z800-2025, Z801-2025 and Z802-2025 be read a
first, second and third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the Council do now rise to enter into an “In Camera” Session at 8:35 p.m. to discuss:
A. Confidential Item re Sale or disposition of land (Residential Lands)
CARRIED
16.2 Out of Camera
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT the Council do now rise from the “In Camera” Session at 9:04 p.m. and report on
Confidential Item re Sale or disposition of land (Residential Lands).
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Confidential Item re Sale or disposition of land (Residential Lands) be received for
information;
AND THAT staff proceed as directed.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2025-024 Being a by-law to confirm all actions of Council
Council Minutes March 20, 2025
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Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Confirming By-law No. 2025-024 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 9:05 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
DRAINAGE PUBLIC MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, March 20, 2025
8:00 p.m. – Bratley Drain
The March 20, 2025 Drainage Public Meeting was held using hybrid technologies via
Zoom and livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON
DAN FROESE *via Zoom
SUSAN CHILCOTT *via Zoom
STAFF PRESENT:
CAO THOMAS THAYER
MANAGER OF PUBLIC WORKS /
DRAINAGE SUPERINTENDENT STEVE ADAMS
ENGINEER: JOHN SPRIET
PUBLIC ATTENDEES: N/A
1. CALL TO ORDER
Mayor Ketchabaw called the public meeting to order at 8:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interests were declared.
3. PURPOSE OF THE MEETING
A. Bartley Drain Public Notice
Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public
meeting is to consider Engineer’s Report #224135 regarding the reassessment on the
Bartley Drain serving Parts of Lots 4 to 9, Concessions 8 and 9.
4. STAFF PRESENTATION
A. Report DR-02/25 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Bartley Drain Reassessment Consideration Report
Steve Adams, Manager of Public Works/Drainage Superintendent, provided an overview of the
report and reiterated the purpose of the meeting.
5. ENGINEERS REMARKS
John Spriet summarized the work completed for the re-assessment process.
6. PUBLIC PARTICIPATION
No public participation.
7. CORRESPONDENCE
No correspondence.
8. DISPOSITION
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DR-02/25 re Bartley Drain Reassessment Consideration Report be received for
information;
AND THAT, in accordance with Sections 44 to 46 of the Drainage Act, the Council of The
Corporation of the Municipality of Bayham hereby adopts Spriet Associates Report No. 224135,
dated February 20, 2025, referred to as the “Bartley Drain Reassessment” report;
ANDTHAT Provisional By-law No. 2025-021 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the
time and place of the first sitting of the Court of Revision to the affected parties pursuant to
Section 46(2) of the Drainage Act;
AND THAT a date of April 17, 2025 at 8:00 p.m. be set for the first sitting of the Court of Revision.
CARRIED
9. ADJOURNMENT
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT pursuant to the Drainage Act requirements, the Public Meeting is now complete at 8:06 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SPECIAL COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers - HYBRID
Thursday, March 27, 2025
6:00 p.m.
The March 27, 2025 Special Council Meeting was held using hybrid technologies via
Zoom and livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS TIMOTHY EMERSON *arrived at
6:10 pm
SUSAN CHILCOTT
ABSENT: DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
TREASURER LORNE JAMES
MANAGER OF PUBLIC WORKS / DRAINAGE
SUPERINTENDENT STEVE ADAMS
FIRE CHIEF HARRY BARANIK
MANAGER OF CAPITAL PROJECTS WATER/
WASTEWATER ED ROLOSON
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 6:00 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REPORTS TO COUNCIL
A. Report TR-10/25 by Lorne James, Treasurer re 2025-2026 Operating Budget – Draft
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report TR-10/25 re 2025-2026 Operating Budget - Draft be received for information;
AND THAT the 2025 Operating Budget be approved with the following amendments:
Reallocate Council Association & Membership expenditure in full to increase
Municipal Assistance Grants from $7,000 to $9,000.
Increase Police Services Provincial Offences revenue by $2,000
Reallocate the portion of Building Salaries & Wages and associated Statutory and
Non-Statutory Benefits associated with By-law Enforcement Property Standards
matters to the associated expenditure lines in the By-law Enforcement budget.
Reallocate Building Vehicle Maintenance expenditure in full to By-law Enforcement
Vehicle Maintenance.
Increase Tourism Beach Maintenance expenditure line by $2,000 to incorporate an
additional accessible washroom at the East Beach.
AND THAT staff be directed to bring forward the 2025 Tax Rate By-laws;
AND THAT staff be further directed to proceed with the acquisition and implementation of
signage to recognize Mikel Gould.
CARRIED
4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2025-025 Being a by-law to confirm all actions of Council
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Confirming By-law No. 2025-025 be read a first, second and third time and finally
passed.
CARRIED
5. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT the Council meeting be adjourned at 8:43 p.m.
CARRIED
MAYOR CLERK
ZBA-04/25
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z800-2025 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: A & A FEHR LOCATION: 11010 CULLODEN ROAD TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z800-2025 on the 20th day of March 2025 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency as described below may appeal to the Ontario
Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not
later than the 10th day of April, 2025 a notice of appeal setting out the objection to the By-law
and the reasons in support of the objection.
THE PURPOSE of this By-law Amendment is to rezone the portion of the subject lands as a result
of a severance and lot addition, in Zoning By-law Z456-2003. The proposed Severed Lot is to be
rezoned from ‘Agricultural (A1)’ Zone to ‘Agricultural (A1-A)’ Zone. The subject lands are known
as 11010 Culloden Road; east side, and north of Eden Line.
THE EFFECT of this By-law will be to recognize existing agricultural use of the combined lots in
accordance with the Official Plan, as part of the clearing of Consent Conditions for Elgin Land
Division Committee file number E92-24 that was Conditionally Approved on January 22nd, 2025.
ONLY THE APPLICANT, SPECIFIED PERSONS, PUBLIC BODIES, REGISTERED OWNERS
OF LAND TO WHICH THIS BY-LAW WOULD APPLY, AND THE MINISTER may appeal a by-
law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated
association or group. However, a notice of appeal may be filed in the name of an individual who
is a member of the association or the group on its behalf.
NO SPECIFIED PERSON PUBLIC BODY, OR REGISTERED OWNER OF LAND TO WHICH
THIS BY-LAW WOULD APPLY SHALL be added as a party to the hearing of the appeal
unless, before the by-law was passed, the specified person, public body, or registered owner of
land to which the by-law would apply made oral submissions at a public meeting or written
submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable
grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 21ST DAY OF March 2025.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see
the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca
W: www.bayham.on.ca
ZBA-05/25
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z801-2025 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: 1830567 ONTARIO INC. LOCATION: 55942 MAPLE GROVE LINE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No.
Z801-2025 on the 20th day of March 2025 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency as described below may appeal to the Ontario Land
Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than
the 10th day of April, 2025 a notice of appeal setting out the objection to the By-law and the reasons
in support of the objection.
THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result
of a surplus farm dwelling severance, in Zoning By-law Z456-2003. The proposed Severed Lot is to
be rezoned from ‘Agricultural (A1)’ Zone to ‘Site Specific Rural Residential (RR-45)’ Zone to permit
the residential dwelling; which requires relief from the following provisions:
• Section 5.4 to permit a minimum Lot Frontage of 13.4 metres, whereas 15.0 metres is required.
The proposed Retained Lot is to be rezoned from ‘Agricultural (A1)’ Zone to ‘Site Specific Special
Agricultural (A2-18)’ Zone to prohibit new dwellings and requires relief from the following provisions:
• Section 6.4 to permit a Minimum Lot Area of 9.3 hectares, whereas 20.0 hectares is required.
The subject lands are known as 55942 Maple Grove Line, north side, and west of Plank Road
THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential
lot and to prohibit new dwellings on the retained farm parcel in accordance with the Official Plan, as
part of the clearing of Consent Conditions for Elgin Land Division Committee file number E2-25 that
was Conditionally Approved on January 22, 2025.
ONLY THE APPLICANT, SPECIFIED PERSONS, PUBLIC BODIES, REGISTERED OWNERS OF
LAND TO WHICH THIS BY-LAW WOULD APPLY, AND THE MINISTER may appeal a by-law to the
Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group.
However, a notice of appeal may be filed in the name of an individual who is a member of the
association or the group on its behalf.
NO SPECIFIED PERSON PUBLIC BODY, OR REGISTERED OWNER OF LAND TO WHICH THIS
BY-LAW WOULD APPLY SHALL be added as a party to the hearing of the appeal unless, before
the by-law was passed, the specified person, public body, or registered owner of land to which the
by-law would apply made oral submissions at a public meeting or written submissions to the council
or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or
public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 21ST DAY OF MARCH 2025.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the
following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
ZBA-06/25
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z7802-2025 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: R & K WOOD LOCATION: 9837 COYLE ROAD TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. Z802-
2025 on the 20th day of March 2025 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency as described below may appeal to the Ontario Land Tribunal
in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 10th day of
April, 2025 a notice of appeal setting out the objection to the By-law and the reasons in support of the
objection.
THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a result of a surplus
farm dwelling severance, in Zoning By-law Z456-2003.
The proposed Severed Lot is to be rezoned from ‘Agricultural (A1)’ Zone to ‘Site Specific Rural Residential (RR-
46)’ Zone to permit the residential dwelling; which requires relief from the following provisions:
• Section 7.4 to permit a Minimum Lot Frontage of 41.5 metres, whereas 50.0 metres is required.
The proposed Retained Lot is to be rezoned from ‘Agricultural (A1)’ Zone to ‘Special Agricultural (A2)’ Zone to
prohibit new dwellings.
The subject property is known as 9837 Coyle Road, west side north of Howey Line.
THE EFFECT of this By-law will to be recognize the residential nature of the newly created residential Lot and
prohibit new dwellings on the retained parcel in accordance with the Official Plan; and a part of clearing Consent
Conditions for the County of Elgin Land Division Committee file number E 88-24 that was Conditionally Approved
on January 22, 2025.
ONLY THE APPLICANT, SPECIFIED PERSONS, PUBLIC BODIES, REGISTERED OWNERS OF LAND TO
WHICH THIS BY-LAW WOULD APPLY, AND THE MINISTER may appeal a by-law to the Ontario Land
Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of
appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.
NO SPECIFIED PERSON PUBLIC BODY, OR REGISTERED OWNER OF LAND TO WHICH THIS BY-LAW
WOULD APPLY SHALL be added as a party to the hearing of the appeal unless, before the by-law was
passed, the specified person, public body, or registered owner of land to which the by-law would apply made
oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario
Land Tribunal, there are reasonable grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 21ST DAY OF MARCH 2025.
NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-09/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM APPLICANT: ISTVAN AGOSTON LOCATION: 54239 EDEN LINE, NORTH HALL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-09/25).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 3, 2025 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 additional accessory building on the subject property for the storage of personal recreational vehicles, and other personal belongings and items which requires relief from the following provisions:
• Section 9.5.1 to permit a Maximum Accessory Building Height of 6.7 metres, whereas 4.5 metres is required; and,
• Section 9.7 to permit an accumulative Maximum Floor Area for Accessory Buildings of 205 m2, whereas 75.0 m2 is required. The subject property is known as 54239 Eden Line, south side, and east of Culloden Road.
THE EFFECT of this By-law is to permit a new accessory building that exceeds the Maximum Height and accumulative Maximum Floor Area requirements for accessory buildings and structures for the storage of personal items.
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 Thursday, March 27, 2025 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 14th day of March 2025.
Hamlet of North Hall
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-07/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM APPLICANT: HENRY & ANNA BANMAN LOCATION: 55541 MAIN STREET, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-07/25).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 17th, 2025 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Village Residential (R1)’ Zone to a ‘Site-Specific Village Residential (R1-XX)’ Zone to address the deficits of a split Lot created by Deed, and to permit a new detached dwelling; which requires relief from the following provisions:
• Section 10.3 to permit a Minimum Lot Area of 809m² for Part 1, whereas 900m² metres is required in Straffordville with municipal sanitary servicing;
• Section 10.3 to permit a Minimum Lot Area of 565m² for Part 2, whereas 900m² metres is required in Straffordville with municipal sanitary servicing; and
• Section 10.4 to permit a Minimum Lot Frontage of 18.8m for Part 2, whereas 20 metres is required for a partially serviced Lot The subject property is known as 55541 Main Street, south side, south of Heritage Line and west of Plank Road in the village of Straffordville.
THE EFFECT of this By-law is to permit the development of a single residential dwelling on a Lot that was
created by Deed that does not meet the minimum Lot Area or frontage requirements for the proposed Zone.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or
in opposition to the proposed amendment. Written comments submitted on or before 4:30 pm on Wednesday, April 9, 2025 to munderhill@bayham.on.ca or at the municipal office will be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY would otherwise have an ability to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of
Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision 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 28th day of March 2025.
Straffordville
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-08/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM
APPLICANT: NORTH URBAN HOMES LTD. LOCATION: 9405 PLANK ROAD, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning
By-law Amendment (ZBA-08/25).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 17th, 2025 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 ‘Central Business District (C1-1)’ Zone to a ‘Site-Specific Urban Industrial (M4-XX)’ Zone to permit the use of the existing building on the subject property for the warehousing and storage of home interior products; which requires relief from the following provisions:
• Section 23.4 to permit a Minimum Lot Frontage of 20.1m, whereas 25.0m is required with no Public Water supply;
• Section 23.8 to permit a Minimum Side Yard Width of 1.9m abutting residential uses; whereas 7.5m is required;
• Section 23.8 to permit a Minimum Side Yard Width of 1.2m abutting Third Street; whereas 4.5m is required; and
• Section 4.28.4 to permit a Minimum Buffer Strip of 1.9m abutting residential uses; whereas 4.5m is required.
The subject property is known as 9405 Plank Road, south-west corner of the intersection of Plank Road and Third Street, in the village of Straffordville.
THE EFFECT of this By-law is to permit a change of use (by change of Zoning) within an existing building
that does not meet the frontage, side yard and buffer strip requirements for the proposed Zone.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or
in opposition to the proposed amendment. Written comments submitted on or before 4:30 pm on Wednesday, April 9, 2025 to munderhill@bayham.on.ca or at the municipal office will be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY would otherwise have an ability to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision 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 decision of the Municipality of Bayham on the proposed zoning by-law 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 28th day of March 2025.
Straffordville
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222
F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-11/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT
IN THE MUNICIPALITY OF BAYHAM APPLICANT: JEREMY BEARD LOCATION: 55197 GREEN LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-11/25).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 17th, 2025 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 combined ‘Agricultural and Temporary (A1/TX-X)’ Zone to permit a Garden Suite on the subject property for a period of not more than twenty (20) years; which requires relief from the following provisions:
• Section 26.4.X to permit a Garden Suite in the form of a one-storey transportable pre-fabricated dwelling unit, for a period not to exceed twenty (20) years. The subject property is known as 55197 Green Line, south side, south of Pressey Road and west of Somers Road.
THE EFFECT of this By-law is to permit the placement and servicing of a temporary residential
dwelling in the form of a mobile home trailer for a family member to reside 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 4:30 pm on Wednesday, April 9, 2025 to munderhill@bayham.on.ca or at the municipal office will be included in the public meeting agenda.
IF A PERSON OR PUBLIC BODY would otherwise have an ability to appeal the decision of the
Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision 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 28th day of March 2025.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: April 3, 2025
REPORT: DS-18/25 FILE NO. C-07 / D09.23NEZE
Roll # 3401-000-002-04900 SUBJECT: Request to Amend Conditions of Consent
Applications E46-49-23 Nezezon and Howlett
46 Chapel Street, Vienna
BACKGROUND
In May 2023, Consent applications E46-23 to E49-23 were submitted by John Nezezon and
Danielle Howlett proposing to sever four lots each approximately 0.30 hectares (0.74 ac) in the
village of Vienna and retain 15.81 hectares (39.06 ac) outside of the village boundaries. The
property is known municipally as 46 Chapel Street.
Council supported the applications with conditions on June 15, 2023 and the Elgin County Land
Division Committee conditionally granted the applications on July 26, 2023.
On March 19, 2025, John Nezezon submitted a request to amend two of the ten conditions.
DISCUSSION
Elgin County Land Division Notice of Decision, dated July 26, 2023, for Consent Applications
E46-23 to E49-23 includes two municipal conditions pertaining to municipal servicing. The
Conditions read as follows:
1. That the owner install/construct adequate extension of municipal water services and
installation of a public fire hydrant to the proposed severed lots and enter into a
Development Agreement with the Municipality for such service extension.
2. That the owner install/construct adequate extension of municipal sanitary sewer
services to the proposed severed lots and enter into a Development Agreement with
the Municipality for such service extension
Staff Report DS-18/25 Nezezon Howlett 2
With the impending consent expiry date of July 26, 2025, Mr. Nezezon submitted
correspondence on July 19, 2025, requesting that the conditions be reworded to require the
Development Agreement as a condition and not the actual installation of the municipal services.
Mr. Nezezon has experienced challenges with getting the drainage addressed and the engineer
drawings and reviews completed. As confirmed by his engineer, it is now unrealistic to expect
that the tendering and construction can be completed by the July 26, 2025 deadline.
In discussing with the County Land Division Secretary, by default on their decisions, they
provide the maximum allowable time under the Planning Act Section 53(41), which is two years
for all conditions to be met and the transfers to be stamped. After that, the consent lapses.
Extensions over the two-year limit cannot be provided. Mr. Nezezon was advised that if the
consents lapse, he will need to re-apply and pay all current fees. A municipal request for
amended Conditions can be submitted to the County for the Land Division Committee to
consider.
With Council’s support of the amended Conditions, request will be forwarded to the County
Land Division Committee Secretary for consideration at their next meeting on April 23, 2025.
Staff are supportive of the amendments to the wording of municipal Condition Nos. 1 and 2 to
require the Development Agreement as a condition as opposed to requiring the installation of
the municipal services. The amended wording is provided in the resolution for Council.
ATTACHMENTS
1. Correspondence from John Nezezon, dated March 19, 2025
RECOMMENDATION
THAT Report DS-18/25 regarding amended Conditions of Consent Applications E46-23 to
E49-23 Nezezon and Howlett be received;
AND THAT Council request the Elgin County Land Division Committee consider amending
Consent Applications E46-23 to E49-23 Notice of Decision, dated July 26, 2023, specifically
Municipality of Bayham Condition Nos. 1 and 2 by replacing them with the following:
1. That the Owner enter in to a Development Agreement with the Municipality of
Bayham for the installation of an adequate extension of municipal water services and
installation of a public fire hydrant to the proposed severed lots to the satisfaction of
the Municipality of Bayham.
2. That the Owner enter in to a Development Agreement with the Municipality of
Bayham for the installation of an adequate extension of municipal sanitary sewer
services to the proposed severed lots to the satisfaction of the Municipality of
Bayham.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator|Deputy Clerk Chief Administrative Officer
March 21, 2025 Hon. Rob Flack, MPP Elgin Middlesex-London County of Elgin
Elgin County Municipalities Sent via email RE: Elbows Up, Roots Down: A Transition to Edible Plantings & Community Garden
Program Development Dear Partners,
Please be advised that the Council of the Corporation of the Municipality of Central Elgin discussed the above matter at its Regular Meeting dated March 17, 2025 and the following Resolution was passed:
WHEREAS food security is a growing concern in our municipality, exacerbated by economic instability and U.S. trade pressures; AND WHEREAS proactively strengthening local food resilience supports our residents and reduces dependence on external supply chains, and alleviates pressure on social infrastructure; AND WHEREAS the protracted ability of Canadians to withstand economic pressure is integral to maintaining our sovereignty; THEREFORE BE IT RESOLVED THAT Staff be directed to report back to Council with recommendations for establishing a garden plot and municipal garden planting pilot project in municipal parks for 2025, including potential partnerships, funding opportunities, and best practices for implementation; AND THAT this motion be circulated to neighbouring municipalities in Elgin County, and to M.P.P. Rob Flack.
Sincerely,
Delany Leitch Deputy Clerk
FROM THE
COUNCIL
CHAMBERS
MARCH 25, 2025
COUNCIL MEETING
Strengthening Public Health:
Key Updates from SWPH
A significant portion of SWPH’s work occurs behind the
scenes, focusing on outbreak prevention, chronic disease
reduction, and enhancing community well-being. Their
initiatives help prevent health crises, improve quality
of life, and lessen disparities.
Southwestern Public Health (SWPH) presented to County Council
to lay the groundwork for ongoing collaboration. Dedicated to
fostering healthier communities, SWPH pledged to provide
updates to the County Council three times a year regarding
key public health priorities, achievements, and challenges.
By maintaining ongoing engagement with the County Council,
SWPH seeks to strengthen public health initiatives and enhance
outcomes for all residents.
During the presentation, SWPH provided community health
statistics related to immunizations, infectious diseases,
mental health, substance use, maternal and reproductive
health, and oral health. These insights are crucial for making
informed decisions and creating proactive health strategies.
The complete data set is available in the agenda package.
$46K Approved for Sponsorship Funding to
Strengthen Community Initiatives & Events
In support of community programs, services, and events, County
Council approved $46,000 in sponsorship funding for 2025. This funding
aligns with the County’s mission and strategic objectives.
Twenty-five applications were received and reviewed, with
all but one application deemed eligible. A full list of
applicants can be found in the agenda package.
The $46K allocated via the Elgin County Sponsorship Program
for 2025 encompasses the following categories:
a) Community Programs/Services
Funding for programs or services that promote
cultural, heritage, education, health, and welfare in
the Elgin County community.
b) Fairs, Festivals, or Events
Funding for fairs, festivals, or events that provide
significant community benefit.
This funding initiative helps promote community-driven
projects that reflect the County’s values and goals.
Draft agreement approved for administrative
support for the Elgin OPP Board
The Detachment Board plays a key role in overseeing the
operation of the Elgin OPP detachment, including setting
objectives and priorities for the detachment in alignment with
the Minister’s strategic plan, advising the commander on
policing matters, and ensuring policing services meet the
needs of local residents.
County Council has approved a draft Administrative Services Agreement
for the County to provide administrative support to the Elgin OPP
Detachment Board. The Warden and Chief Administrative Officer were
authorized to sign the agreement, which will run from April 1, 2025, to
January 31, 2026.
Under the agreement, the County will provide a range of
administrative services, including financial, IT, and general
administrative support, on a cost-recovery basis. The draft
agreement includes hourly rates for services, insurance
requirements, and procedures for handling information
requests. Once signed, the agreement will be forwarded to
the Elgin OPP Detachment Board Chair for final execution.
APRIL 8, 2025
Next Council Meeting:
9:00 AM
Stay Connected With Us:
ElginCounty.ca
@ElginCounty
@ElginCountyTourism
@ElginCounty
Joint Board of Management Minutes Aylmer Area Secondary Water Supply System & Port Burwell Area Secondary Water Supply System December 4, 2024 - 1 :00p.m.
Malahide Council Chambers 51221 Ron McNeil Line, Springfield
The Joint Board of Management met at the Springfield & Area Community Services Building, at 51221
Ron McNeil Line, Springfield, at 1 :00p.m. The following were present:
Board Members: Municipality of Central Elgin -Norman Watson Town of Aylmer -Pete Barbour Township of Malahide -Chester Glinski Municipality of Bayham -Tim Emerson
Staff:
Township of Malahide -Sam Gustavson, Jason Godby, Adam Boylan, and Allison Adams Municipality of Central Elgin -Alex Piggott & Geoff Brooks Town of Aylmer -Andy Grozelle
(1)Call to Order
Pete Barbour is appointed Chair and the meeting is called to order at 1 :05p.m.
(2)Disclosure of Pecuniary Interest
None
(3)Adoption of Minutes of Previous Meeting(s)
Moved by: Norman Watson Seconded by: Chester Glinski
THAT the minutes of the Aylmer Area Secondary Water Supply System Joint Board of Management meeting held on September 4, 2024 be approved as presented.
Carried
Moved by: Chester Glinski
Seconded by: Tim Emerson
THAT the minutes of the Port Burwell Area Secondary Water Supply System Joint Board of
Management meeting held on September 4, 2024 be approved as presented.
Carried
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: April 3, 2025
REPORT: CAO-20/25 SUBJECT: ANNUAL REPORT – SHARED SERVICES – BUILDING AND BY-LAW
ENFORCEMENT SERVICES
BACKGROUND
At its January 19, 2023 meeting, Council was presented with By-law No. 2023-003, being a by-
law to authorize the execution of a memorandum of understanding (MOU) between the
Corporation of the Municipality of Bayham and the Corporation of the Township of Malahide for
Shared Services in By-law Enforcement, Planning, and Building, and passed the following
motion:
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT By-law Nos. 2023-003, 2023-004 and 2023-007 be read a first, second and third
time and finally passed.
At its February 1, 2024 meeting, Council received Report CAO-02/24 re Six-Month Report –
Shared Services – Building and By-law Enforcement. The Report provided Council with a six-
month review of the shared services arrangement to that point in time. The Report identified a
net savings of approximately $40,000/year, which translated into a notional tax levy savings of
0.63 percent, and aligned with Council’s general desire to seek cost savings and efficiencies
where viable. Council passed the following motion:
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report CAO-02/24 re Six-Month Report – Shared Services – Building and By-law
Enforcement Services be received for information.
This Report provides a summary of shared services for 2024, including costing impacts, level of
service discussion, staffing impacts, and concerns raised in regards to certain areas that are
being addressed going forward.
DISCUSSION
In 2024, Malahide was responsible for providing building services to both municipalities, and
Bayham was responsible for providing by-law enforcement services in reciprocity.
Building services was provided by two (2) Malahide building staff: 1 CBO and 1 Deputy
CBO/Building Inspector/, and Cloudpermit as an e-Permitting solution to allow for cross-
jurisdictional collaboration and consistent permit submission and issuance. By-law enforcement
services were provided by one (1) Bayham By-law Enforcement Officer.
This Report speaks to the time allocations and expenditures in each department related to
Municipal staff, then provides a review of the overall financial performance of each department
in regards to the 2024 budget versus actual revenues and expenditures.
Building Services
Between September 2021 and June 2023, Bayham’s building services solution was generally
through a third-party code agency while Bayham and Malahide investigated the possibility of a
shared service model through a retained consultant. It was understood during this time that a
code agency was a temporary solution until specific direction regarding a shared model was
provided. Bayham has been with Malahide, receiving shared building services, since July 2023.
In 2024, building services exhibited turnover at the DCBO/Building Inspector position. Between
late May and late-July, staff from both municipalities successfully advertised and on-boarded a
new DCBO/Building Inspector. During the gap period, RSM was used to cover building
inspection services at a rate higher than normal employee compensation and in accordance
with Bayham’s Agreement with RSM for same.
At its January 16, 2025 meeting, Council has received Report DS-01/25 re 4th Quarter Report
from the Building department. The Report identified that 2024 was a very good, and therefore
very busy, building year in Bayham, with revenues of $273,4501 based on 155 permits issued.
Because of this significant increase in revenues, it follows that Bayham also realized an
increase in the number of service hours consumed to support shared building services.
Detailed internal breakdowns of assigned hours and per-hour costing were provided by
Malahide in support of this Report to Council. In 2024, 1569.75 hours were allocated to Bayham
from Malahide (staff and RSM) in support of service provision to Bayham. Of the 1569.75 hours,
1390.5 were between the CBO and DCBO/Building Inspector, and 179.25 hours were assigned
to RSM for inspection and plans review purposes. RSM hours were generally used in two
situations: 1) When the DCBO/Building Inspector role was vacant; and, 2) vacation coverage.
This is important because the effective RSM consultant hourly rate for plans review and
inspections in 2024 was $205.99, whereas the effective hourly rate billed to Bayham for staff
support was $75.80 – a savings of over 63 percent.
During discussions and ultimate support of shared building services, there were concerns
identified by some Members of Council regarding costs associated with a shared building
1 This number was revised slightly downward in the year-end actuals, and is reflected in the 2024 Actuals in the
2025 Operating Budget.
service. Specifically, there was concern that Bayham would be overbilled and/or underserved
and overall cost savings – per-hour and per-annum – would not materialize. If Council was to
ultimately desire a different model for building services, where either:
1) Bayham hires and retains one (1) full-time equivalent (FTE) role – CBO; or,
2) Bayham contracts a code agency for as-needed building support,
the overall cost to Bayham would be greater than those currently incurred through the shared
services MOU.
Scenario Hours Cost/Hour Cost Increase/(Decrease)
over 2024 Actuals
2024 Actual 1569.5 $90.67 $142,323.30
2024 – no RSM 1569.5 $75.80* $118,968.10 ($23,355.20)
Part-time
contract – Code
Agency
1569.5 $140^ $219,730 $77,406.70
Internal CBO 2080 $82.46* $171,516.80 $29,193.50
*Assumes no RSM. Costs are inclusive of 2024 salary band/step and consideration of statutory and non-statutory
benefits
^Based on 2023 hourly rate previously incurred by Bayham, plus inflation, mileage (per km), travel time
The 2024 models and Code Agency model are as-needed models, where hours are purchased
on-demand or through an established agreement with the provider. Based on 2024 figures, the
Municipality purchased approximately 30 hours/week. The Internal CBO solution is fully internal,
where the Municipality compensates 40 hours/week regardless of overall workload and
including full vacation, sick, and lieu-time allotments. Given Bayham’s current situation at
1569.50 service hours/year in building support, the move to a full-time position would be
inefficient from both financial and human resource perspectives. In 2024 Actuals, Bayham
saved an effective 17 percent through shared service over a FTE CBO position due to realizing
cost and time efficiencies and avoiding being responsible for vacation, sick, and lieu-time
allotments. This $29,193.50 equates to approximately 0.5 percent in savings on the 2024 tax
levy.
However, the 2024 Actuals included 179.50 service hours from RSM. RSM’s hourly rate was
$205.99. RSM hours were primarily required to cover the period where the DCBO/Building
Inspector role was vacant. If there was no staff turnover, it is reasonable to assume that RSM
hours would be greatly reduced, if not fully eliminated. The ‘2024-No RSM’ scenario assumes
full staff utilization. The projected costs of this model is $23,355.20 less than what we realized in
2024 due to reduction associated with removing RSM support. This is the ideal scenario, where
building support is bought wholly from Malahide at an hourly rate of $75.80, the resulting costs
would have been $118,968.10. This is $52,548.70 less than if Bayham employed an Internal
CBO, which is equivalent to 0.8 percent 2024 levy savings. Staff anticipate no staff turnover in
2025 and therefore less reliance on RSM to provide support, which should lead to decreased
per-hour expenditures.
The shift back to a Code Agency model is also inefficient, but solely from a financial perspective
as the demand is handled as-needed to reduce human resource inefficiency; however, the
hourly rate for the works increases markedly. Code Agencies bill components of WSIB and
administrative overhead, which are built into the overall hourly rates. They also bill mileage per
kilometre if on-site attendance is a requirement. Bayham realizes a 35.2 percent savings
through the cost efficiencies associated with purchasing service hours as-needed from another
municipality’s internal staff members.
Given the above, the opposite would be true in that if Bayham were to shift away from a shared
building service arrangement in 2025 or future years, the Municipality’s Building budget would
be impacted by way of increased expenditures, either for Salaries & Wages and associated
Statutory and Non-Statutory Benefits, or through contractor costs captured as Sundry expenses.
It follows that a shift away from the current building services arrangement would also be
unpalatable due to associated cost increases to provide the service, and the associated notional
tax levy impacts to residents. A one (1)-point increase on the levy in the 2025 Operating Budget
is approximately $67,000. Shifting away from shared building services brings with it an
associated 0.5-1.2 percent tax levy increase.
Council provided direction to staff at the October 17, 2024 meeting regarding the 2025
Operating Budget. The direction was a target of a six-percent increase. This was presented to
Council and adopted on March 27, 2025. The budget included no contemplated shift away from
shared services. The six-percent budget target would have to be increased to between 6.5 and
7.2, respectively, if Council opted away from shared building services.
There are two additional benefits to having a shared building service model: 1) The ability to
‘smooth out’ the peaks and valleys in service demand; and, 2) the ability to avoid contracting out
at a higher rate to cover absences. First, demand in the building department is not a constant;
there are periods of high demand and periods of low demand. A shared service, where hours
are purchased as-needed, allows Bayham to ‘smooth’ these variations and only pay for the time
needed to provide the service. This would not be the case with an internal CBO – any decrease
in demand still means the Municipality must compensate for the standard salary, benefits, and
absences, creating a possible inefficiency in the role if lessened demand is a prolonged
situation. Second, with two accessible building staff, it is expected in that in the case of
vacation, sick time, or other absences, each staff would provide built-in back-up to one another,
which reduces and may completely eliminate the need for a third-party to backfill demand. In
2024, limited RSM hours were used outside of covering the staffing vacancy while a new
DCBO/Building Inspector was hired. In the case of an Internal CBO, if the CBO is on vacation or
absent for a prolonged period, a back-up code agency may be required more regularly to
continue providing inspection services at minimum, which would require compensation at a
much higher rate than in a multiple-staff shared department.
2024 was also the first full year of using Cloudpermit as the ePermitting platform for building
permit intake, review, and issuance. Over 2024, Cloudpermit’s uptake continued to increase and
was at a 97 percent utilization for the year – 150 of 155 permits came in through CloudPermit.
This is an improvement from a 90-percent uptake in the second half of 2023, which confirms
that the ePermitting platform is worthwhile to provide remote submission and review services.
Concerns Raised
Over 2024, staff have been made aware of complaints from applicants and/or Council members
regarding the level of service. The complaints appear to arise for one primary reason: perceived
delay in responding to inquiries.
In discussion with Malahide, the expectation is a 24-hour turnaround for inquiries, or 48 hours
under high-demand periods. In 2024, this was the one area where complaints were received.
Council will recall that over the first six months of the year, Bayham was operating at a reduced
administrative capacity, with fewer staff in the office to respond to building inquiries. All building
inquiries at that time were being sent to Malahide. Once staff capacity returned to normal levels,
the number of complaints regarding response time decreased as prospective builders began
once again to engage the Bayham office with building inquiries prior to submitting their
applications. We anticipate this positive trend to continue into 2025. Staff continue to hold
regular discussions with Malahide building and administrative staff about the level of service
being provided. At this time, staff has no significant concerns and will continue to monitor
complaint trends and type to make adjustments where necessary.
By-law Enforcement Services
Under the MOU, Bayham provides by-law enforcement services to Malahide. In 2024, the By-
law Enforcement Officer (BLEO) position experienced turnover, with a reduced level of service
between late June and mid-August, when a new BLEO was on-boarded. This turnover led to an
aggregate slight increase in overall compensation in 2024 due to payout of existing staff time
banks. This is described later on in this Report.
In 2024, by-law enforcement service time allocation was 66/34 Bayham/Malahide – 1264.75
hours versus 649.75 hours. The number of 2024 by-law complaints received between Bayham
and Malahide was 164 versus 55. This is a 75/25 Bayham/Malahide split, which means
relatively more time per file was required for Malahide files than Bayham files.
Per Report BL-03/25 and despite turnover at the BLEO position, the level of by-law enforcement
service provided to Bayham has increased. The 2024 complaint file closure rate in Bayham was
92 percent, consistent with 95 percent in 2023 and a marked improvement over the 50-percent
closure rate in 2022. The response speed and days to close a file have also remaining
consistently strong, with 83 percent of by-law complaints in Bayham addressed within five
business days.
The increase in the level of service is expected in this situation, given the increase in available
service hours to Bayham. Prior to the July 1, 2023 adoption of shared services, under the Fire
Chief, approximately 500-550 hours/year were allocated to by-law enforcement. This was
roughly 30 percent of the Fire Chief’s overall annual time resource. Under the MOU and with a
full-time BLEO, Bayham has access to significantly more hours. The increase is approximately
750-800 service hours over the previous service delivery model, which allows for greater
attention to delicate by-law files and utilization of value-add skills the BLEO possesses, such as
leveraging their building enforcement skillset to assist the building department in building non-
compliance and property standards matters. Where possible, the BLEO is also able to provide
this type of support as needed to Malahide, should such support be requested.
In the latter half of 2024, by-law expended extra effort into seeking out additional revenue-
generation options for the department to help offset operational costs and levy impacts from the
service. This will come to fruition in 2025 with the implementation and evaluation of a one-year
pilot paid parking program at the Port Burwell East Beach. The added by-law department
capacity allows for this venture, which would not be possible under the pre-shared service
model.
Financial Impacts / 2024 Budget – Projected versus Actuals
At its March 27, 2025 Special Operating Budget Meeting, Council received Report TR-10/25 re
2025-2026 Operating Budget – Draft. The draft Operating Budget included year-end revenue
and expenditure figures for Building and By-law Enforcement. A chart comparing the 2024
Budgeted versus Actuals is below2:
Historically, and indeed before shared services, the Bayham building department and by-law
enforcement function have both been cost centres to the Municipality. Based on the 2024
budget, the Building department was projected to run a $17,142 surplus, and By-law
Enforcement was expected to be a $69,258 cost centre. Combined, this projected as a net
$52,116 cost to Bayham’s budget to provide these services. The 2024 actuals demonstrated
that, due to a very strong building year, the overall combined impact to Bayham’s budget was
positive - +$75,065.70, or +1.2 percent on the levy.
The increased building revenues are associated with one of Bayham’s best building years ever.
By association, the number of hours required through the shared service increased as well,
which resulted in the higher net expenditures.
By-law Enforcement’s revenues were in line with budgeted figures. Actual expenditures were
$29,395 higher than projected for two reasons3:
1) Costs associated with our contract with Hillside Kennels. The 2024 budgeted figure was
$0 for this line item.
2) Costs associated with staff turnover (i.e. pay out of time banks for the outgoing BLEO).
These costs are not an expected expense during a year with no turnover.
The above two items constitute $21,200.80 of the overall realized cost overages, neither of
which is anticipated as a budget impact for 2025. $12,000 was included in the 2025 Operating
Budget for the Hillside Kennels service contract, and staff attrition in By-law Enforcement is not
anticipated.
Summation
In 2024, building services navigated a very busy year with an increase in the number of service
hours received from Malahide, and by-law enforcement continued to provide a high level of
service to residents with statistics demonstrating high action and closure rates on complaints
2 The Building Actual total expenditures figure of $150,465.30 included the Q4 2024 accrual which was not
included in the 2025 Draft Operating Budget. This was communicated to Council on March 27, 2025.
3 Both of these reasons were communicated to Council on March 27, 2025 at the Special Operating Budget
Meeting.
Budget Actual Budget Actual
Total Revenues 122,000.00$ 272,479.00$ 46,000.00$ 45,579.00$
Total Expenditures 104,858.00$ 150,465.30$ 115,258.00$ 144,643.00$
Surplus/(Deficit)17,142.00$ 122,013.70$ 69,258.00-$ 99,064.00-$
$ Chg 104,871.70$ 29,806.00-$
Total Chg 75,065.70$
2024 Budget vs. Actuals
Building Services By-law Enforcement
received. The divide in by-law enforcement service hours was consistent with 2023 at 66/34
Bayham/Malahide. Revenues generated from Malahide purchasing by-law enforcement hours
was as budgeted.
Building services generated more revenue than anticipated due to the busy building year. By-
law enforcement incurred additional costs associated with service contracts and staff turnover,
which are not anticipated to be regular budget over-runs in the future.
From a building perspective, the cost savings associated with the shared service translated into
$29,193.50, or 0.5 percent on the levy compared to if Bayham hired a full-time Internal CBO.
These numbers include staff turnover and the need to use RSM hours at a significantly higher
hourly rate in 2024. Without RSM hours and assuming a full year with no staff turnover, the
1569.50 service hours used would translate into approximately $118,968.10 in overall costs,
which would save Bayham $52,548.70 over an Internal CBO. This is equivalent to 0.8 percent
2024 levy savings.
The total staff expenditures for by-law enforcement continues to be higher than the pre-shared
service model due to the additional service hours available to Bayham. This results in net higher
costs to Bayham due to the increased service level. The 1264.75 service hours in 2024 is 130+
percent more service hours than before the shared service came into effect, and translates into
improved action and closure rates on files, and fewer complaints to Council and staff about the
capacity of by-law enforcement services in Bayham.
Being able to participate in a reciprocal shared service with quantifiable benefits to both
municipalities is the over-arching intent of the MOU – to provide services to residents in creative
manners that reduces expenses and/or increases service levels. Based on the information
received to-date, the MOU has been successful via cost savings and increased service levels,
where applicable. This reciprocal shared service resulted in both municipalities receiving an EA
Danby Award through AMCTO in 2024 under the Municipal Administration stream for
municipalities under 20,000 population.
The ability to enter into these mutual MOUs also has the added benefit of strengthening inter-
municipal relations, which may allow the scaling of the MOU into other services or to include
other municipalities in the future, further strengthening the dynamic. Through this MOU, both
municipalities will continue to address processes and concerns as they arise to streamline
service provision.
As this Report provides a detailed annual review of the shared service MOU and does not
contemplate specific direction on the file, staff’s recommendation is to receive the report for
information.
STRATEGIC PLAN
3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community.
Initiative(s): Not applicable
3.3: Quality of Governance > To strategically engage in partnerships, joint ventures
and other collaborative activities that leverage the Municipality’s resources and
capabilities in order to achieve enhanced efficiencies and benefits for the
community and its residents.
Initiative(s): Initiate and review shared service arrangements
RECOMMENDATION
1. THAT Report CAO-20/25 re Annual Report – Shared Services – Building and By-law
Enforcement Services be received for information.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: April 3, 2025
REPORT: CAO-21/25 SUBJECT: AMENDMENTS TO PROCUREMENT POLICY – BY-LAW NO. 2015-030
BACKGROUND
In accordance with Section 270(1) of the Municipal Act, 2001, SO 2001, c35, as amended,
municipalities are required to have a policy for procurement of its goods and services. It is one
of eight mandatory policies under this Section.
At its March 19, 2015 meeting, Council adopted By-law No. 2015-030. By-law No. 2015-030
established the most recent Procurement Policy for the Municipality.
At its October 17, 2024 meeting, Council received Confidential Report CAO-46/24. The
Confidential Report pertained to solicitor/client privilege in regards to a legal opinion regarding
the ability for the Municipality to choose to not award a tender, and further that staff were
already working with Legal Services on a possible language update to clarify Council desires.
Council passed the following motion in open session:
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Confidential Item re Advice that is subject to solicitor-client privilege, including
communications necessary for that purpose (Procurement) be received for information.
Staff proceeded to work with Legal Services on revised language to clarify matters as they apply
to tendering and awarding of same. Currently, in Municipal bid solicitation documentation, the
Municipality does expressly state that the Municipality reserves the right to not award a tender.
DISCUSSION
The proposed amendments were sought to eliminate potential ambiguity in the language
regarding the requirement to award a tender. The language can currently be interpreted two
ways:
1) A tender, if issued, shall be awarded to the Lowest Compliant Bidder
2) A tender, if Council chooses to award, shall be awarded to the Lowest Compliant Bidder
The first interpretation requires an award. The second interpretation gives Council the option.
Based on previous discussions with Council in regards to how the Straffordville Community
Centre tender under the ICIP Community, Culture and Recreation stream would be handled,
Council may be interested in clarifying tendering language to align with the second
interpretation, which provides clarity around Council’s ability to choose not to award a tender for
any reason deemed necessary.
Given this, the proposed amendments to applicable Definitions and the Request for Tender
sections of the current Procurement Policy are outlined below, with red-lined inclusions and
deletions to illustrate the applicable changes being proposed:
1. Amend s. 2.1(s) to read: "Lowest Compliant Bid" shall mean the Bid that would
provide the Municipality with the desired Goods, Services and Construction at the
best value, taking into consideration the price of the bid as well as all the
specifications, requirements, and priorities stated in the Bid Solicitation lowest cost,
meets all the specifications and requirements and contains no major irregularities
or qualifications;
2. Amend 7.1 (e) to read: "where an major irregularity precludes the Award of a
Tender to the supplier submitting the Lowest Complaint Bid;"
3. Amend s. 8.9 (d) to read: "it is intended that the party submitting the Lowest
Compliant BidTender will be awarded the contractaccepted without substantial
further negotiations;"
4. Amend s. 8.12 to read: "TheWhere an Award is made, it shall be made to the party
submitting the Lowest Compliant Bidder."
5. Amend s. 8.26 to read: "TheWhere an Award is made, it shall be made to the party
submitting the Lowest Compliant Bidder."
6. Amend s. 8.28 to read: "The Tender documents shall require the party submitting
the Lowest Compliant Bidder to execute those documents and take those steps set
out in Section 8 of this bylaw."
The changes confirm the Municipality’s ability to refuse to award a tender for any reason. This
includes a lack of compliant bids, and also includes other applicable factors such as cost over-
runs.
A draft by-law is included as an attachment to this Report should Council opt to accept the
amendments and wish to amend the Procurement Policy. Staff will be engaging Legal Services
for a comprehensive update of the Procurement Policy, including review of procurement
thresholds and bid solicitation documents, over the coming months. Staff will also be looking to
language regarding Canadian procurement in light of the recent tariff conflicts stemming from
the United States.
STRATEGIC PLAN
3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community.
Initiative(s): Review of the Procurement Policy
ATTACHMENTS
1. By-law No. 2025-026
RECOMMENDATION
1. THAT Report CAO-21/25 re Amendments to Procurement Policy – By-law No. 2015-030
be received for information;
2. AND THAT the proposed amendments to By-law No. 2015-030 be adopted as
presented;
3. AND THAT the appropriate amending by-law be presented to Council for enactment.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-026
A BY-LAW TO AMEND BY-LAW NO. 2015-030, BEING A
BEING A BY-LAW TO DEFINE THE PROCUREMENT
POLICIES AND PROCEDURES FOR THE
CORPORATION OF THE MUNICIPALITY BAYHAM
WHEREAS pursuant to Section 270 of the Municipal Act, 2001, as amended, Municipalities shall
adopt a policy with respect to its procurement of goods and services;
AND WHEREAS By-law No. 2015-030 being a by-law to define the procurement policies and
procedures for the Corporation of the Municipality Bayham was passed on March 19, 2015;
AND WHEREAS amendments are desirable to By-law No. 2015-030;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT s. 2.1 (s) be amended to read as follows:
"Lowest Compliant Bid" shall mean the Bid that would provide the Municipality with the desired
Goods, Services and Construction at the best value, taking into consideration the price of the bid as
well as all the specifications, requirements, and priorities stated in the Bid Solicitation.
2. THAT s. 7.1 (e) be amended to read as follows:
"where an irregularity precludes the Award of a Tender to the supplier submitting the Lowest
Complaint Bid;"
3. THAT s. 8.9 (d) be amended to read as follows:
"it is intended that the party submitting the Lowest Compliant Bid will be awarded the contract
without substantial further negotiations;"
4. THAT s. 8.12 be amended to read as follows:
"Where an Award is made, it shall be made to the party submitting the Lowest Compliant Bid."
5. THAT s. 8.26 be amended to read as follows:
"Where an Award is made, it shall be made to the party submitting the Lowest Compliant Bid."
6. THAT s. 8.28 be amended to read as follows:
"The Tender documents shall require the party submitting the Lowest Compliant Bid to execute
those documents and take those steps set out in Section 8 of this bylaw."
7. AND THAT this by-law shall come into force and effect on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3rd DAY OF
APRIL, 2025.
____________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-026
A BY-LAW TO AMEND BY-LAW NO. 2015-030, BEING A
BEING A BY-LAW TO DEFINE THE PROCUREMENT
POLICIES AND PROCEDURES FOR THE
CORPORATION OF THE MUNICIPALITY BAYHAM
WHEREAS pursuant to Section 270 of the Municipal Act, 2001, as amended, Municipalities shall
adopt a policy with respect to its procurement of goods and services;
AND WHEREAS By-law No. 2015-030 being a by-law to define the procurement policies and
procedures for the Corporation of the Municipality Bayham was passed on March 19, 2015;
AND WHEREAS amendments are desirable to By-law No. 2015-030;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT s. 2.1 (s) be amended to read as follows:
"Lowest Compliant Bid" shall mean the Bid that would provide the Municipality with the desired
Goods, Services and Construction at the best value, taking into consideration the price of the bid as
well as all the specifications, requirements, and priorities stated in the Bid Solicitation.
2. THAT s. 7.1 (e) be amended to read as follows:
"where an irregularity precludes the Award of a Tender to the supplier submitting the Lowest
Complaint Bid;"
3. THAT s. 8.9 (d) be amended to read as follows:
"it is intended that the party submitting the Lowest Compliant Bid will be awarded the contract
without substantial further negotiations;"
4. THAT s. 8.12 be amended to read as follows:
"Where an Award is made, it shall be made to the party submitting the Lowest Compliant Bid."
5. THAT s. 8.26 be amended to read as follows:
"Where an Award is made, it shall be made to the party submitting the Lowest Compliant Bid."
6. THAT s. 8.28 be amended to read as follows:
"The Tender documents shall require the party submitting the Lowest Compliant Bid to execute
those documents and take those steps set out in Section 8 of this bylaw."
7. AND THAT this by-law shall come into force and effect on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3rd DAY OF
APRIL, 2025.
____________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-027
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD APRIL 3, 2025
WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of
a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be
exercised by by-law;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the Council meeting held April 3, 2025 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 3rd DAY
OF APRIL, 2025.
____________________________ _____________________________
MAYOR CLERK