HomeMy WebLinkAboutMarch 02, 2017 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, March 2, 2017
7:00 p.m.
6:30 p.m. —Committee of Adjustment- Froese
7:30— Public Meeting — Planning/Zoning —Guenther
7:40 p.m. — Public Meeting — Planning/Zoning —Schroyens
7:50 p.m. — Public Meeting — Planning/Zoning—Schrijver
Council recessed for a Public Meeting at 7:30 p.m. and reconvened at 7:33 p.m.
Council recessed for a Public Meeting at 7:41 p.m. and reconvened at 7:46 p.m.
Council recessed for a Public Meeting at 7:51 p.m. and reconvened at 7:54 p.m.
PRESENT:
MAYOR PAUL ENS
DEPUTY MAYOR TOM SOUTHWICK
COUNCILLORS WAYNE CASIER
RANDY BREYER
ED KETCHABAW
STAFF PRESENT:
CAO I CLERK PAUL SHIPWAY
DEPUTY CLERK
PLANNING COORDINATOR MARGARET UNDERHILL
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. By-Law 2017-026 added as Item 12-G
4. ANNOUNCEMENTS
None.
5. DELEGATIONS
A. 7:05 p.m. —Cindy DeBlaire on behalf of Straffordville Giants Fastball Team re By-Law
2016-059 (Rates and Fees)
Cindy DeBlaire addressed Council on behalf of the Straffordville Giants Fastball Team in
regard to fees for games and practices as per By-Law 2016-059. Council was advised of
other expenses incurred by the team as well as the efforts put forth to have a team to
represent the municipality.
2017 Council Minutes March 2, 2017
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT the presentation by Cindy DeBlaire on behalf of Straffordville Giants Fastball Team
re By-Law 2016-059 (Rates and Fees) be received for information.
CARRIED
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held February 16, 2017
Moved by: Councillor Breyer
Seconded by: Councillor Casier
THAT the minutes of the regular meeting held February 16, 2017 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
9.2 Reports to Council
10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Public Meeting re Proposed Minor Variance (Froese)
B. Notice of Public Meeting re Proposed Zoning By-law Amendment (Guenther)
C. Notice of Public Meeting re Proposed Zoning By-law Amendment (Schroyens)
D. Notice of Public Meeting re Proposed Zoning By-law Amendment (Schrijver)
E. Notice of Public Open House re Five Year Official Plan Review
F. Notice of Public Open House re Municipal Energy Plan and Local Action Plan
2017 Council Minutes March 2, 2017
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT correspondence items 10.1.1-A— 10.1.1-F be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-07/17 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Official Plan
Amendment No. 18 and Zoning By-law Z656-2017 (Bonnefield Farmland Ont. III Inc.)
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Staff Report DS-07/17 regarding the Official Plan and Zoning By-law Amendments for the
Bonnefield Farmland Ontario III Inc. be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham take the following
action with respect to the applications by Bonnefield Farmland Ontario III Inc. relating to the
property located at 4964 Plank Road:
The request to change the land use designation on a 24,848 m2 (6 acre) parcel of land from
"Agricultural" to Site Specific Agricultural designation in the Official Plan of the Municipality of
Bayham; and to change the zoning on the same lands from Agricultural (Al) Zone to a Site
Specific Agricultural (A1-29) Zone in Zoning By-Law Z456-2003 to permit an oversized
supplementary farm (bunkhouse) building on a 24,848 mZ (6 ac) parcel of land on the existing
agricultural lot for 50 seasonal farm workers and a bunkhouse with 437 m2 (4704 square feet) of
floor area BE REFUSED for the following reasons:
a) The requested Official Plan and Zoning By-law amendments are not consistent
with Section 2.3.3.1 of the Provincial Policy Statement 2014 where Council has
provided for supplementary farm dwellings which may be located on individual
farms.
b) The requested amendment is not consistent with Section 2.1.1.2 of the
Municipality of Bayham Official Plan where there is likely compatibility conflict
with abutting land uses due to the intensity of accommodating fifty (50) seasonal
workers on a site with reduced lot area and existing apple storage facilities.
c) The requested amendment is not consistent with Section 2.1.10 of the Official
Plan which allows supplementary farm dwellings where the preferred scale is 167
mZ (1800 sq.ft) of floor area and one storey in height.
d) The subject lands do not meet the minimum lot area of 20 ha for supplementary
farm dwelling; and the conceptual plan shows a reduced rear yard setback of
4.98 m as set out in the Agriculture (Al) in Section 5 of Zoning By-Law Z456-
2003.
e) The applicant has not indicated the intent to remove the existing supplementary
farm accommodation located on individual orchard farms owned or operated by
the applicant in the Municipality.
f) The conceptual plan does not indicate outdoor recreation space accessory to the
bunkhouse.
2017 Council Minutes March 2, 2017
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 January 19, 2017
associated with this application, the individuals noted on the attached public participation
meeting record made an oral submission regarding this matter and that all public written and
oral comments were taken into account in Council's decision passing this resolution.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Notice of Completion re Bayham Drive Bridge Closure Municipal Class Environmental
Assessment
B. Policy and Pie Farm Ecology Invitation
C. Periscope Playhouse 2017 Season, Goals and Pledge Opportunities
D. County of Elgin re Accommodation Review Process
E. Notice re 2017 Communities in Bloom
F. United Townships of Head, Clara & Maria re Building Code Changes
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT the Council of the Corporation of the Municipality of Bayham support the resolution of
United Townships of Head, Clara & Maria re Building Code Act;
AND THAT the Council of the Corporation of the Municipality of Bayham request Minister
Mauro reconsider implementing the mandatory five year septic tank inspections proposed with
Building Code Act changes B-08-09-03;
AND THAT a copy of this resolution be sent to the Minister of Municipal Affairs, the Honourable
Minister Mauro and United Townships of Head, Clara & Maria.
CARRIED
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT correspondence items 11.1.1-A— 11.1.1-F be received for information.
CARRIED
2017 Council Minutes March 2, 2017
11.1.2 Requiring Action
A. Phragmites Presentation Summary
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT correspondence item re Phragmites be received for information:
AND THAT staff be directed to post a notice on the Municipal Notice Boards and Website
regarding Phragmites identification and control;
AND THAT Public Works be directed to utilize the 'Invasive Phragmites— Best Management
Practices' guide in addressing Phragmites concerns on municipal property.
CARRIED
B. Port Burwell Bayham Legion Branch 524 re Armistice Parade
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Event Road Closure Request Form from Port Burwell / Bayham Legion Branch 524 be
received for information;
AND THAT the Council of the Municipality of Bayham approves the request by the Port Burwell
/ Bayham Legion Branch 524 for permission to use the streets within Port Burwell for the
Armistice Parade to be held Sunday, November 5, 2017 at 1:30 p.m., subject to the provision
of proof of liability insurance coverage in the amount of$2 million, naming the Municipality of
Bayham as additional insured;
AND THAT Wellington, Robinson and Pitt Streets, from the Legion to the Cenotaph, be
temporarily closed during the parade between 1:30 p.m. — 3:00 p.m.;
AND THAT the County of Elgin be requested to approve use of Wellington Street from
Elizabeth Street to Robinson Street;
AND THAT the Bayham Public Works Operations Supervisor be directed to provide the
necessary provisions for traffic control and safety.
CARRIED
C. Bayham Beachfest Committee re Bayham Beachfest
Moved by: Councillor Breyer
Seconded by: Councillor Ketchabaw
THAT Notification of Special Event from Bayham Beachfest be received for information;
AND THAT the Council of the Municipality of Bayham approves use of the Port Burwell East
Beach for event to be held daily from 12:00 noon until 10:00 p.m. on August 4—6, 2017,
2017 Council Minutes March 2, 2017
including a beer garden, subject to meeting the requirements of the Municipal Alcohol Policy,
based on an attendance of 250—400 people in the beer garden at any given time, being 100%
Smart Serve Trained personnel, including a minimum of eight (8) Smart Serve 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 to be provided to and approved by Council
a minimum of three weeks before the event 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 million 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 two weeks prior
to the event;
AND THAT the clean up of the east beach area and any costs thereof, be the responsibility of
the organizers;
AND THAT staff provide access to East Beach washroom water and power panel;
AND THAT Council does not approve the closure of the East Beach parking lot;
AND THAT arrangements be made with the Public Works Operations Supervisor to provide
picnic tables, garbage cans /recycle barrels, pylons and staff assistance for installation of
fence assembly and removal;
AND THAT the Public Works Operations Supervisor make the necessary arrangements for
traffic control and safety.
CARRIED
D. Straffordville Community Committee re Watermelon Fest
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT Notification of Special Event from Straffordville Community Committee be received for
information;
AND THAT the Council of the Municipality of Bayham approves, subject to provision of
certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of
Bayham as additional insured:
• Use of the Straffordville Community Center, main hall, park, pavilion, parking lot and
cement pad for Watermelon Fest on August 25 and 26, 2017 at no cost (cleanup of park
after the event responsibility of the organizers
2017 Council Minutes March 2, 2017
• Provision of a garbage dumpster, installation and removal of extra garbage cans,
delivery of picnic tables, staff assistance to clean cement pad (prior to event;
AND THAT this resolution be read in conjunction with the February 2, 2017 Council resolution
regarding Watermelon Fest parade.
CARRIED
E. Straffordville Community Committee re Electronic Recycling
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT Notifications of Special Events from Straffordville Community Committee be received for
information;
AND THAT the Council of the Municipality of Bayham approves:
• Use of the Straffordville Community Centre parking lot by the Straffordville Community
Committee for two Electronic Recycling events May 6, 2017 from 9:00 a.m. — 1:00 p.m.
and September 23, 2017 from 9:00 a.m. — 1:00 p.m. subject to provision of certificate of
liability insurance in the minimum amount of$2,000,000.00 naming the Municipality of
Bayham as additional insured;
AND THAT going forward Parking Lot bookings be made through the Facility Manager in
accordance with By-Law 2016-059, Rates and Fees By-Law.
CARRIED
F. Bayham Historical Society re Edison Fest
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT correspondence from Bayham Historical Society be received for information;
AND THAT the Council of the Municipality of Bayham approves, subject to provision of
certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of
Bayham as additional insured for each event:
• Use of the Vienna Memorial Park including pavilion and food booth June 2, 3 & 4;
• Use of Vienna Community Centre June 2 & 3 for Edison Fest and November 11, 2017
for Edison Dinner at no cost;
AND THAT Council do not support the request for the closure of Plank Road in Vienna from
the east side of Oak Street to the west side of Edison Drive and closure of Elm Street at Plank
Road and Fulton Street June 2, 2017 from 7:00 p.m. — 11:00 p.m.
AND THAT Council direct staff to provide access to food booth, water and utility panels at the
Vienna Memorial Park;
2017 Council Minutes March 2, 2017
AND THAT Council direct staff to provide 30—35 picnic tables and waste receptacles at
Vienna Memorial Park;
AND THAT clean up of all areas and any costs thereof, be the responsibility of the organizers
CARRIED
G. Bayham Historical Society re Report to Council and Edison Draft Plan Submission
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT correspondence from Bayham Historical Society be received for information;
AND THAT the Council of the Municipality of Bayham approves the use of the Vienna
Memorial Park, subject to provision of certificate of liability insurance in the minimum amount of
$2 million, naming the Municipality of Bayham as additional insured for each event:
• May 20—22, 2017 for a garage sale;
• August 19, 2017 for Talbot Trail yard sales;
AND THAT clean up of all areas and any costs thereof, be the responsibility of the organizers
AND THAT Council approve the use of existing tourism brochures and Bayham website for
Edison Museum information to be approved annually with Edison Fest request;
AND THAT staff be directed to investigate repairing or obtaining a decal for the Vienna Village
Map sign in Vienna Memorial Park;
AND THAT Council direct staff to dispose of the storage shed and gazebo at 12 Snow Street.
CARRIED
11.2 Reports to Council
A. Report CAO-06/17 by Paul Shipway, CAOICIerk re Canada Day— Canada 150
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report CAO-06/17 re Canada Day— Canada 150 be received for information.
AND THAT Council direct staff to procure commemorative Canada Day 150 Weathervanes
from Mr. Dave Verkuil for the following locations:
• Port Burwell — Market Square Gazebo
• Vienna —Vienna Memorial Park Pavilion
• Straffordville—Straffordville Community Centre Pavilion
• Corinth — Corinth Pavilion
CARRIED
2017 Council Minutes March 2, 2017
B. Report CAO-07/17 by Paul Shipway, CAOICIerk re Recycling, Waste Collection and Refuse
and Debris By-Law
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Report CAO-07/17 re Recycling, Waste Collection and Refuse and Debris By-law be
received for information;
AND THAT staff be directed to bring forward a Recycling, Waste Collection and Refuse and
Debris By-law for Council consideration.
CARRIED
C. Report CAO-08/17 by Paul Shipway, CAOICIerk re RFP17-01 Emergency and Fire
Equipment Inspections
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT Report CAO-08/17 re RFP 17-01 Emergency & Fire Equipment Inspections be received
for information;
AND THAT staff be directed to bring forward a by-law to enter into an agreement for
Emergency & Fire Equipment for Council consideration.
CARRIED
12. BY-LAWS
A. By-Law 2017-020 Being a By-law to Authorize the Execution of a Contribution Agreement
between The Corporation of the Municipality of Bayham and Her Majesty the Queen in
Right of Ontario as Represented by the Minister of Agriculture, Food and Rural Affairs
regarding The Ontario Community Infrastructure Fund Top-Up Application Based
Component Agreement (This By-law follows the recommendation made in Report CAO-
37/16 by Paul Shipway, CAOICIerk during the regular meeting of Council of May 19, 2016)
B. By-Law 2017-021 Being a By-law for the Provision of Recycling and Waste Collection
and to Prohibit the Depositing of Refuse or Debris on Lands Within the Municipality of
Bayham Without the Consent of the Property Owner or Occupant of the Land (This By-law
follows the recommendation made in Report CAO-07117 by Paul Shipway, CAOICIerk
during the regular meeting of Council of March 2, 2017)
C. By-Law 2017-022 Being a By-law to authorize the execution of an agreement between
the Municipality of Bayham and Tillsonburg Fire & Safety Equipment (This By-law follows
the recommendation made in Report CAO-08117 by Paul Shipway, CAOICIerk during the
regular meeting of Council of March 2, 2017)
2017 Council Minutes March 2, 2017
D. By-Law 2017-023 Being a By-law to authorize the execution of a Development
Agreement between Isaac and Maria Froese and the Municipality of Bayham (This By-law
follows the recommendation made in Report DS-06117 by Margaret Underhill,
Secretary)Treasurer Committee of Adjustment during the Committee of Adjustment meeting
of March 2, 2017)
E. By-Law 2017-024 Being a By-law to adopt Amendment No. 18 to the Official Plan of the
Municipality of Bayham (Bonnefield Farmland Ont. III Inc.)
F. By-Law Z656-2017 Being a By-law to further amend By-Law Z456-2003 (Bonnefield
Farmland Ont. III Inc.)
G. By-Law 2017-026 Being a By-law to authorize the acceptance of conveyance of lands
(Robinson St.)
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT By-Law By-Laws 2017-020, 2017-021, 2017-022, 2017-023 and 2017-026 be read a
first, second and third time and finally passed.
CARRIED
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT By-Laws 2017-024 and Z656-2017 be received for information.
CARRIED
13. UNFINISHED BUSINESS
None
14. OTHER BUSINESS
None
14.1 In Camera
14.2 Out of Camera
2017 Council Minutes March 2, 2017
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law 2017-025 Being a By-law to confirm all actions of Council
Moved by: Councillor Breyer
Seconded by: Councillor Casier
THAT confirming By-Law 2017-025 be read a first, second and third time and finally passed.
CARRIED
16. ADJOURNMENT
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT the Council meeting be adjourned at 8:28 p.m.
CARRIED
MAYOR/ CLERK