HomeMy WebLinkAboutJuly 21, 2016 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, July 21, 2016
7:00 p.m.
6:30 p.m. — Committee of Adjustment- Murray
7:30 p.m. — Public Meeting — Planning/Zoning — 1162291 Ontario Ltd. (Vantyghem)—
1926662 Ontario Inc.
Council recessed for a break at 7:30pm and reconvened at 7:39 p.m.
Council recessed for a break at 9:50 p.m. and reconvened at 10:00 p.m.
PRESENT:
MAYOR PAUL ENS
DEPUTY MAYOR TOM SOUTHWICK
COUNCILLORS WAYNE CASIER
RANDY BREYER
ED KETCHABAW
STAFF PRESENT:
CAO PAUL SHIPWAY
DEPUTY CLERK/PLANNING COORDINATOR MARGARET UNDERHILL
CHIEF BUILDING OFFICIAL/
DRAINAGE SUPERINTENDENT BILL KNIFTON
FIRE CHIEF/BY-LAW ENFORCEMENT OFFICER RANDY WHITE
WATER/WASTEWATER OPERATIONS MANAGER ED ROLOSON
CLERK'S ASSISTANT BRENDA GIBBONS
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
A. Appendix C to Report CAO-49/16 by Paul Shipway, CAO re East Beach Design
Consultation Results— comments submitted after July 15, 2016 added to Item 11.2-G
B. By-Law 2016-068 Being a By-law to appoint an Overall Responsible Operator and
Operator's In Charge for The Corporation of the Municipality of Bayham Water and
Wastewater Systems as set out in O.Reg. 128/04 added as Item 12-L
C. Bayham Beachfest request to relocate stage/beer garden be added to item 11.1.2-C
4. ANNOUNCEMENTS
None
2016 Council Minutes July 21, 2016
5. DELEGATIONS
A. 7:05 p.m. —Jennifer Beauchamp, Museum Curator re Museum Activities
Museum Curator Jennifer Beauchamp provided an update on the progress of Museum
projects to date, including the Marine Museum, Edison and Bayham History on Display and
Edison Fest as well as plans going forward.
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT the presentation from Jennifer Beauchamp regarding Museum Activities be received
for information
CARRIED
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held June 16, 2016
B. Special Meeting held July 7, 2016
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT the minutes of the regular meeting held June 16, 2016 and special meeting held July
7, 2016 be adopted.
CARRIED
7. MOTIONS AND NOTICE OF MOTION
8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
8.1 Correspondence
8.1.1 Receive for Information
8.1.2 Requiring Action
8.2 Reports to Council
9. PHYSICAL SERVICES — EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
9.1.2 Requiring Action
2016 Council Minutes July 21, 2016
9.2 Reports to Council
A. Report FR-03/16 by Randy White, Fire Chief/By-Law Officer re iPads
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Report FR-03/16 regarding iPads be received for information;
AND THAT Council authorize the expenditure of iPads and mounts as required.
CARRIED
10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Public Meeting re Proposed Minor Variance (Murray)
B. Notice of Removal of Holding Symbol (M. Szorenyi)
C. Notice of Public Meeting re 1162291 Ontario Ltd. (Vantyghem) Zoning By-law amendment
D. Notice of Public Meeting re 1926662 Ontario Inc. Zoning By-law amendment
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT correspondence items 10.1.1-A— 10.1.1-B be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-30/16 by Bill Knifton, Chief Building Official, Drainage Superintendent re 2nd
Quarter Report
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report DS-30/16 regarding the activities of the Building Services and Drainage
Department for the second quarter of 2016 be received for information.
CARRIED
B. Report DS-29/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent
Application E44/16
The Deputy Clerk/Planning Coordinator added that the Land Division Committee granted
the severance on July 20, 2016 with the conditions as per Report DS-29/16.
2016 Council Minutes July 21, 2016
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Report DS-29/16 regarding Consent application E44/16 be received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E44/16, submitted by Gregory Underhill Farms Limited, be granted subject to
the following conditions:
1. Rezoning of both the severed and retained parcels
2. Purchase of civic number sign from the municipality for the retained parcel
3. Verification be provided to confirm location of the well and septic field bed on the
severed parcel
4. Planning report fee payable to the municipality
5. Copy of the final survey (paper and digitally) provided to the municipality
CARRIED
C. Report DS-31/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Subdivision
Agreement and Rezoning to Remove Holding
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report DS-31/16 regarding the Subdivision Agreement and Rezoning To Remove
the Holding Provision Application submitted by Michele Szorenyi be received for
information;
AND THAT By-law 2016-065 being a By-law to authorize a subdivision agreement between
Michele Szorenyi and the Municipality of Bayham be presented for enactment;
AND THAT Zoning By-law Z651-2016 being a by-law to further amend Zoning By-law
Z456-2003 by changing the zoning on the lands owned by Michele Szorenyi described as
Parts 1-4 on Registered Plan 11R10033 from Village Residential — Holding [R1(h)] to
Village Residential (R1) be presented for enactment.
CARRIED
D. Report DS-32/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning
Application — 1162291 Ontario Ltd.
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT Report DS-32/16 regarding the 1162291 Ontario Ltd. rezoning application be
received for information;
AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the
zoning on the lands owned by 1162291 Ontario Ltd., described as Concession 8 North Part
Lot 8 and North Part Lot 9 from Agriculture (Al-A) to site-specific Special Agriculture (A2)
2016 Council Minutes July 21, 2016
on the retained lands and from Agriculture (Al-A) to Rural Residential (RR-30) on the
severed surplus farm dwelling portion;
AND THAT Zoning By-law Z649-2016 be presented to Council for enactment.
CARRIED
E. Report DS-33/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning
Application — 1926662 Ontario Inc.
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Report DS-33/16 regarding the 1926662 Ontario Inc. rezoning application be
received for information;
AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the
zoning on the lands owned by 1926662 Ontario Inc., described as Concession 11 Part Lot
19 from Rural Industrial Holding (M2(h)) to Rural Industrial Holding and Temporary
M2(h)/T5 Zone for a maximum of three (3) years to July 21, 2019;
AND THAT Zoning By-law Z650-2016 be presented to Council for enactment.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Healthy Communities Partnership minutes of meeting held March 30, 2016 and June 21,
2016
B. Elgin County re Project Screening Report— Proposed Edison Drive Bridge Replacement,
Vienna
C. Petition to the Government of Canada re 150th Anniversary of Confederation
D. Ministry of Citizenship, Immigration & International Trade, Ministry of Tourism, Culture &
Sport re Ontario 150 Celebration Youth Partnership & Capital Grant Program Information
Sessions
E. Ministry of Infrastructure correspondence to Jeff Yurek, MPP re Bayham's infrastructure
needs and future funding program considerations
F. Ministry of Municipal Affairs, Ministry of Housing re Proposed amendments to the
Residential Tenancies Act, 2006
G. Township of Southwold correspondence to Medical Officer of Health re Rural Well Water
Sample Drop off Locations
2016 Council Minutes July 21, 2016
H. Municipal Property Assessment Corporation Re Changes to MPAC's Notice Mailing
Schedule
I. Jeff Yurek, MPP, Elgin-Middlesex-London re Clean Water& Wastewater Fund
J. Perth County resolution re Climate Change Action Plan
K. City or Quinte West re Taxation — Impact on Campgrounds
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT correspondence items 11.1.1-A— 11.1.1-K be received for information.
CARRIED
11.1.2 Requiring Action
A. Matthew Chapman re unopened road allowance between 7 Oak Street and 11 Oak Street
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT correspondence from Matthew Chapman regarding unopened road allowance
between 7 Oak Street and 11 Oak Street be received for information;
AND THAT staff be directed to commence conveyance of the unopened road allowance to
interested abutting property owners in accordance with the Municipality of Bayham Sale
and Disposition of Land Policy.
CARRIED
B. Elgin County re Proposed Woodlands Clearing on Lot 13, Concession 4
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT correspondence from Elgin County regarding Proposed Woodlands Clearing on Lot
13, Concession 4 be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham has no objections
to the proposed woodlands clearing on Lot 13, Concession 4.
CARRIED
C. Bayham Beachfest Notification of Special Event and Application for Outdoor Special
Occasion Permit
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT further to the approval and conditions noted January 21, 2016 attached hereto
Council approves use of the east beach by Bayham Beachfest for event to be held daily
from 12:00 noon until 9:00 p.m. on July 29— 31, 2016, including a beer garden on Saturday
July 30 from 11:00 a.m. — 9:00 p.m. and Sunday July 31 from 11:00 a.m. —4:00 p.m.,
subject to meeting the requirements of the Municipal Alcohol Policy, based on an
attendance of 250 people, being 100% Smart Serve Trained personnel, including a
minimum of nine (9) Smart Serve trained personnel, plus two (2) extra floor monitors when
allowing participants under the age of majority (19) and other volunteer or paid security
personnel, as necessary to provide sufficient crowd control and public safety on site during
all dates and hours for which the beer garden is open and as listed on the Outdoor Special
Occasion Permit Application and also subject to:
• All alcohol being served in disposable cups, not bottles or cans;
• Providing a certificate of insurance, naming the Municipality of Bayham as an additional
insured, in the minimum amount of$2,000,000 liability, covering all events;
• Obtaining the necessary approvals from Elgin-St. Thomas Public Health, the Ontario
Provincial Police and the Bayham Fire Chief, as per the Municipal Event Notice;
AND THAT all other terms and conditions of the municipal rental agreement remain in
effect;
AND THAT a copy of the LCBO liquor license be provided to the Municipality prior to event;
AND THAT clean up of the east beach area and any costs thereof, be the responsibility of
the organizers;
AND THAT Council support the proposed relocation of the stage and beer garden to
locationsl5/16 on the Beachfest layout.
CARRIED
D. Peter Friesen request for street light
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT request for street light from Peter Friesen be received for information;
AND THAT staff be directed to send correspondence advising that streetlights are for the
purpose of road illumination only and not for private property security;
AND THAT staff be directed to refer a road illumination study to budget deliberations for
Council consideration.
CARRIED
2016 Council Minutes July 21, 2016
E. Straffordville Giants request to use Straffordville Ball Park and Pavilion
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT request from Straffordville Giants to use the Straffordville Ball Park and the Pavilion
for the weekend of October 14 through October 16 be received for information;
AND THAT permission be granted to the Straffordville Giants for use of the Straffordville
Ball Park and Pavilion to host a Tournament on Friday October 14, 2016 from 6:30 p.m. —
11:00 p.m., Saturday October'15, 2016 from 8:00 a.m. — 11:00 p.m. and Sunday October
16, 2016 from 8:00 a.m. - 7:00 p.m. subject to:
• completion of a Park Rental Contract
• advance payment of Straffordville Park Pavillion fee, Ball Diamond fee and
refundable key deposit and
• provision of certificate of liability insurance in the amount of$2,000,000.00 naming
the Municipality of Bayham as an additional insured;
AND THAT cleanup of the area be the responsibility of the users;
AND THAT no approval be granted until the aforementioned is provided.
CARRIED
11.2 Reports to Council
A. Report TR-19/16 by Lorne James, Treasurer re 2016 Q2 Variance Report
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Staff Report TR-19/16 re Q2 Variance Report be received for information.
CARRIED
B. Report CAO-44/16 by Paul Shipway, CAO re Small Craft Harbours (SCH) — Harbour Lands
Divestiture
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Report CAO-44/16 re Small Craft Harbours — Harbour Lands Divestiture be received
for information.
CARIED
C. Report CAO-45/16 by Paul Shipway, CAO re Unopened Road Allowance — Harmony Acres
Line
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
2016 Council Minutes July 21, 2016
THAT Report CAO-45/16 re Unopened Road Allowance - Harmony Acres Line be received
for information;
AND THAT Council declare the unopened road allowance between Concession 8 and
Concession North Gore, West of Little Jerry Creek, known as Harmony Acres Line, as
shown on Appendix 'A', surplus to the needs of the Municipality.
AND THAT Staff be directed to convey portions of the unopened road allowance between
Concession 8 and Concession North Gore, West of Little Jerry Creek, known as Harmony
Acres Line, as shown on Appendix 'A', to abutting owners in accordance with the
Municipality of Bayham Sale & Disposition of Land Policy as outlined within Report CAO
45/16.
CARRIED
D. Report CAO-46/16 by Paul Shipway, CAO re Sandytown Road
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT Report CAO-46/16 re Sandytown Road be received for information;
AND THAT staff be directed to continue to maintain Sandytown Road as a through road.
CARRIED
E. Report CAO-47/16 by Paul Shipway, CAO re Ontario 150 Fund
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT Report CAO-47/16 re Ontario 150 Fund be received for information.
AND THAT staff be directed to make application for Vienna Memorial Park electrical
improvements in the amount of$20,000.
CARRIED
F. Report CAO-48/16 by Paul Shipway, CAO re Rates & Fees By-Law
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Report CAO-43/16 re Rates & Fees By-law be received for information;
AND THAT staff be directed to bring forward the Rates & Fees By-law for Council
consideration.
CARRIED
2016 Council Minutes July 21, 2016
G. Report CAO-49/16 by Paul Shipway, CAO re East Beach Design Consultation Results
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report CAO-49/16 re East Beach Design Consultation Results, as amended be
received for information;
AND THAT staff be directed to focus on parking and report to Council if surplus funding is
available to complete the same.
CARRIED
H. Report CAO-50/16 by Paul Shipway, CAO re Enabling Accessibility Fund
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report CAO-50/16 re Enabling Accessibility Fund be received for information;
AND THAT staff be directed to make application for an accessible viewing platform in the
total amount of$30,000.
CARRIED
I. Report CAO-51/16 by Paul Shipway, CAO re Museums Bayham — Edison Museum
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT the Municipality transfer the Edison Museum properties back to the original owner
pursuant to donation documents;
AND THAT Edison Museum be placed as discussion topic under Unfinished Business at
the August 18, 2016 meeting of Council.
CARRIED
Moved by: Councillor Casier
Seconded by: Councilor Breyer
THAT Report CAO-51/16 re Museums Bayham — Edison Museum be received for
information;
AND THAT the Curator contract be altered to one day per week until the end of the
calendar year.
CARRIED
2016 Council Minutes July 21, 2016
12. BY-LAWS
A. By-Law Z649-2016 Being a By-law to further amend Zoning By-law Z456-2003
(11622914 Ontario Ltd.)
B. By-Law Z650-2016 Being a By-law to further amend Zoning By-law Z456-2003 (1926662
Ontario Inc.)
C. By-Law Z651-2016 Being a By-law to further amend Zoning By-law Z456-2003
(Szorenyi)
D. By-Law 2016-055 Being a By-law to adopt a Flag Protocol Policy
E. By-Law 2016-056 Being a By-law to adopt a Proclamation — Declaration — Donation
Policy
F. By-Law 2016-057 Being a By-law to adopt Schedules 'A' — 'H' for the Management,
Regulation & Control of Cemeteries
G. By-Law 2016-058 Being a By-law to repeal The Corporation of The Municipality of
Bayham By-law 2014-082
H. By-Law 2016-060 Being a By-law to assume and establish lands in the Municipality of
Bayham as part of the open public highway system (Peters Court)
I. By-Law 2016-064 Being a By-law to authorize the execution of a development
agreement (Murray)
J. By-Law 2016-065 Being a By-law to authorize the signing of a subdivision agreement
(Szorenyi)
K. By-Law 2016-066 Being a By-law to appoint BluMetric Environmental Inc. Risk
Management Official and Risk Management Inspector
L. By-Law 2016-068 Being a By-law to appoint an Overall Responsible Operator and
Operator's In Charge for The Corporation of the Municipality of Bayham Water and
Wastewater Systems as set out in O.Reg. 128/04
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT By-laws Z649-2016, Z650-2016, Z651-2016, 2016-055, 2016-056, 2016-057, 2016-
058, 2016-060, 2016-064, 2016-065, 2016-066 and 2016-068 be read a first, second and
third time and finally passed.
CARRIED
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
14.1 Discussion
2016 Council Minutes July 21, 2016
A. East Beach Washrooms
Staff provided an overview of washroom issues and portable washroom costs.
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT staff be directed to place additional signage in the washroom area;
AND THAT the additional Jimmi Jons be retained for the duration of the summer season.
CARRIED
B. Straffordville Community Centre Basement Ceiling Finish Change Order
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT staff be directed to advise the Contactor to place basement utilities in the overhead
floor joists for a flush ceiling, with one bulkhead, in the basement in the amount of
$19,140.43 + HST.
CARRIED
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT staff be directed to schedule a Special Meeting of Council on Tuesday July 26, 2016
at 6:00 p.m. at the Municipal Office regarding potential completion of the upstairs and the
basement of the Straffordville Community Centre.
CARRIED
C. Bayham Beachfest request to relocate stage/beer garden
This item was discussed with Item 11.1.2-C.
14.2 Committee of the Whole
14.2.1 In Camera
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT the Council do now rise to enter into an "In Camera" Session of Committee of the
Whole at 10:37 p.m. to discuss:
• Proposed or pending acquisitions or dispositions of land by the municipality or
local board
CARRIED
2016 Council Minutes July 21, 2016
A. Confidential item regarding proposed or pending acquisition or disposition of land by the
municipality or local board (Eden community Centre)
B. Confidential item regarding proposed or pending acquisition or disposition of land by the
municipality or local board (31 Elizabeth Street)
14.2.2 Out of Camera
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT the Committee of the Whole do now rise from the "in Camera" session at 10:53
p.m. with no progress to report.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law 2016-067 Being a By-law to confirm all actions of Council
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT confirming By-law 2016-067 be read a first, second and third time and finally passed.
CARRIED
16. ADJOURNMENT
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT the Council meeting be adjourned at 10:54 p.m.
CARRIED
M OR RK "APPPIP—