HomeMy WebLinkAboutMay 18, 2017 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, May 18, 2017
7:00 p.m.
6:30 p.m. —Committee of Adjustment— Csinos and Donnell
7:30 p.m. — Public Meeting — Planning/Zoning — 18-20 Pitt Street
PRESENT:
MAYOR PAUL ENS
DEPUTY MAYOR TOM SOUTHWICK
COUNCILLORS WAYNE CASIER
RANDY BREYER
ED KETCHABAW
STAFF PRESENT:
CAOICLERK PAUL SHIPWAY
DEPUTY CLERKIPLANNING COORDINATOR MARGARET UNDERHILL
TREASURER LORNE JAMES
CHIEF BUILDING OFFICIAL
DRAINAGE SUPERINTENDENT BILL KNIFTON
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 2017-051 added as Item 12-H
4. ANNOUNCEMENTS
A. Mayor Ens announced the Port Burwell Historic Lighthouse was recipient of a 2017
Architectural Conservancy of Ontario (ACO) Heritage Award.
5. DELEGATIONS
A. 7:05 p.m. — Rob Foster, Graham Scott Enns re 2016 Audited Statements
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT The Council of the Corporation of the Municipality of Bayham approve the 2016
Financial Statements;
2017 Council Minutes May 18, 2017
AND THAT staff be directed to post the final approved 2016 Financial Statements on the
website;
AND THAT the Mayor be authorized to sign the 2016 Audit Findings Letter;
AND THAT the CAOICIerk and Treasurer be directed to sign the 2016 Management
Representation Letter.
CARRIED
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held May 4, 2017
B. Public Meeting held May 4, 2017
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT the minutes of the regular meeting held May 4, 2017 and public meeting held May 4,
2017 be adopted.
CARRIED
7. MOTIONS AND NOTICE OF MOTION
A. Motion
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
Be it resolved that the Council of the Corporation of the Municipality of Bayham directs staff
to apply for a grant opportunity from the Federation of Canadian Municipalities' Municipal
Asset Management Program for the Municipality of Bayham 2017 Comprehensive Asset
Management Plan;
Be it therefore resolved that the Municipality of Bayham commits to conducting the
following activities in its proposed project submitted to the Federation of Canadian
Municipalities' Municipal Asset Management Program to advance our asset management
program:
1) Request for Proposals for Asset Management Plan Update;
2) Establish Asset Level of Service Policies;
3) Establish Asset Funding Strategies;
4) Redefine the 'State of the Infrastructure', and;
5) A Municipality of Bayham 2017 Comprehensive Asset Management Plan.
Be it further resolved that, pursuant to the approved 2017 Capital Budget, the Municipality
of Bayham commits up to $15,000 from the budget toward the costs of this initiative.
CARRIED
2017 Council Minutes May 18, 2017
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 Csinos Minor Variance
B. Notice of Public Meeting re Donnell Minor Variance
C. Notice of Public Meeting re 18-20 Pitt Street, Port Burwell Official Plan and Zoning By-law
Amendment
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT correspondence items 10.1.1-A— 10.1.1-C be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-18/17 by Bill Knifton, Chief Building Official I Drainage Official re Petition for
Drainage
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT the Council of the Municipality of Bayham acknowledges the filing with the Clerk of
the Petition for drainage works for Abraham Fehr;
2017 Council Minutes May 18, 2017
AND THAT Report DS-18/17 re Petition for Drainage be received for information;
AND THAT Council wishes to proceed with this matter and appoints Spriet Associates,
Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and
Section 8(1) of the Drainage Act, for Council's consideration.
CARRIED
B. Report DS-19/17 by Bill Knifton, Chief Building Official IDrainage Official re Wellington
Street Drain
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT Report DS-19/17 re Wellington Street Drain be received for information;
AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report
#216224 dated April 27, 2017 for the Wellington Street Drain as prepared by Spriet
Associates and filed with the Clerk on May 8, 2017;
AND THAT Council set a date for the Public Meeting to be held on June 1, 2017 at 8:00
p.m. to consider the Report;
AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons
assessed to this drainage works, and in accordance with the Drainage Act.
CARRIED
Council recessed for the Public Meeting at 7:30 p.m. and the regular meeting reconvened
at 7:34 p.m.
C. Report DS-22/17 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Official Plan
Amendment No. 19 and Zoning By-Law Z661-2017
Moved by: Councillor Breyer
Seconded by: Councillor Ketchabaw
THAT Staff Report DS-22/17 regarding the Official Plan and Zoning By-law Amendments
submitted by Edgar F. Matthews be received for information;
AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our
Communities Act, 2015, it be pointed out that at the public participation meeting held May
4, 2017 associated with these applications, there were no oral presentations or written
submissions regarding this matter and that all considerations were taken into account in
Council's decision passing this resolution;
AND THAT the proposed amendments are consistent with the Provincial Policy Statement
2014, the Elgin County Official Plan and the Municipality of Bayham Official Plan and
Zoning By-law as outlined in the IBI Group memorandum of April 26, 2017;
AND THAT By-law 2017-045, being an adopting By-law for Official Plan Amendment No.
2017 Council Minutes May 18, 2017
19, regarding lands designated as "Commercial' being changed to "Residential" in the
Municipality of Bayham Official Plan be presented for enactment;
AND THAT adopted Official Plan Amendment No. 19 be forwarded to the County of Elgin
for approval;
AND THAT subject to the County of Elgin approval of the Official Plan Amendment No. 19
that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on
the subject lands from the Local Commercial (C2) Zone to the Village Residential (R1) Zone;
AND THAT Zoning By-law Z661-2017 be presented to Council for First and Second reading.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Town of Amherstburg re Postal Banking
B. Long Point Region Conservation Authority re 2016 Year End Financial Statements and
2016 Annual Report
C. Township of North Frontenac re Hydro Reduction of 25% Not Applicable to Seasonal
Residents
D. Ontario Provincial Police re Municipal Policing Bureau progress
E. Elgin Group Police Services Board re 2017 Budget
F. County of Elgin re By-Law 17-11 (Speed Limits) and By-Law 17-12 (Community Safety
Zones on County Roads)
G. Ministry of Transportation and Ministry of Tourism, Culture and Sport re Commuter Cycling
Infrastructure
H. Ontario Energy Board re Notice to Customers of Union Gas Limited
I. Town of Lakeshore Resolution re Surplus Dwelling Severances
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT correspondence items 11.1.1-A— 11.1.1-1 be received for information.
CARRIED
11.1.2 Requiring Action
A. County of Elgin re Placement of E-Waste Bins at Library Branches
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT correspondence from Elgin County re Request for placement of E-Waste Bins at
Library Branches be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham thanks the
County for the offer to place E-Waste Bins at the Straffordville and Port Burwell libraries,
however local service groups conduct E-Waste activities in the municipality.
CARRIED
11.2 Reports to Council
A. Report CAO-31/17 by Paul Shipway, CAOICIerk re Bayham Historical Society— Lottery
Fund Agreement
Moved by: Councillor Breyer
Seconded by: Councillor Ketchabaw
THAT Report CAO-31/17 re Bayham Historical Society Lottery Fund Agreement be
received for information;
AND THAT Council direct staff to bring forward a by-law authorizing a Bayham Historical
Society Lottery Fund-Lease Agreement for Council consideration.
CARRIED
B. Report CAO-32/17 by Paul Shipway, CAOICIerk re RFT 17-04 Sale of Surplus Equipment
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report CAO-32/17 re Sale of Surplus Equipment be received for information;
AND THAT Staff be directed to award surplus equipment to the highest reserve bid
compliant individual bidder on each piece of equipment in the 'as is, where is' condition;
AND THAT Staff be directed to award the 2008 Ford Ranger—231,000 km, to Pearce
Motors Ltd. in the amount of$1,500+HST in the 'as is, where is' condition;
AND THAT the proceeds of sale be allocated to the Public Works Equipment Reserve.
CARRIED
2017 Council Minutes May 18, 2017
C. Report CAO-33/17 by Paul Shipway, CAOICIerk re Canada — Ontario Action Plan for Lake
Erie
Moved by: Councillor Breyer
Seconded by: Councillor Casier
THAT Report CAO-33/17 re Canada — Ontario Action Plan for Lake Erie be received for
information.
AND THAT staff be directed to submit correspondence, attached hereto as Appendix `A' to
Ms. Madhu Malhotra, Manager Ministry of the Environment and Climate Change, in
response to EBR No. 012-9971 - Canada-Ontario Action Plan for Lake Erie;
AND THAT staff be directed to bring forward a 2018 Capital Budget Item, for Council
consideration, contemplating Detailed Design Standards for capital assets incorporating
Low Impact Development Features to be required of new development proposals and
municipal development agreements;
AND THAT staff be directed to consider Lake Erie Protection Plan implications in the
Municipality of Bayham Official Plan Review.
CARRIED
D. Report CAO-34/17 by Paul Shipway, CAOICIerk re Digital Sign Policy
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT Report CAO-34/17 re Digital Sign Policy be received for information;
AND THAT staff be directed to bring forward a by-law to adopt a Digital Sign Policy for
Council consideration.
CARRIED
E. Report CAO-35/17 by Paul Shipway, CAOICIerk re Bayham Drive Bridge —Stewart Rd
Bridge (Bridge No. 12)
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Report CAO-35/17 re Bayham Drive Bridge — Stewart Rd. Bridge (Bridge No. 12) be
received for information;
AND THAT Council direct staff to bring forward a by-law to enter into an agreement with
Eastwood 88 for the Bayham Drive Bridge and Stewart Rd. Bridge (Bridge No. 12) project
in the amount of$77,210 + HST;
AND THAT funding for the Bayham Drive Bridge and Stewart Rd. (Bridge No. 12) project
be allocated from the Road Construction Reserve.
CARRIED
2017 Council Minutes May 18, 2017
12. BY-LAWS
A. By-Law Z660-2017 Being a By-law to further amend By-Law Z456-2003 (This by-law
follows the recommendation made in Report DS-17/17 by Margaret Underhill, Deputy
ClerklPlanning Coordinator during the regular meeting of May 4, 2017) (First and Second
Reading Only)
B. By-Law Z661-2017 Being a By-law to further amend By-Law Z456-2003 (This by-law
follows the recommendation made in Report DS-22/17by Margaret Underhill, Deputy
ClerklPlanning Coordinator during the regular meeting of May 18, 2017) (First and Second
Reading Only)
C. By-Law 2017-045 Being By-law to further amend the Official Plan of the Municipality of
Bayham being Official Plan Amendment Number 19 (This by-law follows the
recommendation made in Report DS-22/17 by Margaret Underhill, Deputy ClerklPlanning
Coordinator during the regular meeting of May 18, 2017)
D. By-Law 2017-046 Being a By-law to authorize the conveyance of lands owned by the
Municipality of Bayham — Edison Museum (This by-law follows the resolution of Council
made in response to Report CAO-51/16 by Paul Shipway, CAO during the regular meeting
of July 21, 2016)
E. By-Law 2017-047 Being a By-law to adopt a Digital Sign Policy (This by-law follows the
recommendation made in Report CAO-34/17 by Paul Shipway, CAOI Clerk during the
regular meeting of May 18, 2017)
F. By-Law 2017-048 Being a By-law to authorize the execution of an agreement between
the Municipality of Bayham and Eastwood 88 Manufacturing Inc. (This by-law follows the
recommendation made in Report CAO-35/17 by Paul Shipway, CAO1Clerk during the
regular meeting of May 18, 2017)
G. By-Law 2017-049 Being a By-law to authorize the execution of an amendment to an
agreement between The Corporation of the Municipality of Bayham and Autoform
Contracting London Ltd.
H. By-Law 2017-051 Being a By-law to authorize the execution of a transfer payment
agreement between Her Majesty the Queen in Right of Ontario and The Corporation of the
Municipality of Bayham regarding The Clean Water and Wastewater Fund (Ontario) (This
by-law follows the recommendation made in Report CAO-59/16 by Paul Shipway, CAO
during the regular meeting of October 3, 2016)
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT By-Laws Z660-2017 and Z661-2017 be read a first and second time;
AND THAT By-Laws 2017-045, 2017-046, 2017-047, 2017-048, 2017-049 and 2017-051
be read a first, second and third time and finally passed.
CARRIED
2017 Council Minutes May 18, 2017
13. UNFINISHED BUSINESS
A. Bayham Historical Society re dumpster for Edison Fest
Council directed staff to provide Bayham Historical Society with a dumpster for Edison
Fest.
14. OTHER BUSINESS
A. Councillor Breyer brought forward a request of funding assistance for harbor dredging from
the Harbourfront Committee.
The Harbourfront Committee is advised to provide a formal written request to Council.
14.1 In Camera
Moved by: Councillor Breyer
Seconded by: Councillor Ketchabaw
THAT Council do now rise to enter into an "In Camera" Session of the Committee of the
Whole at 8:03 p.m. to discuss:
• Litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board;
• Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
CARRIED
A. Confidential Report regarding litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board; advice that is subject to
solicitor-client privilege, including communications necessary for that purpose (Project
Ojibwa)
14.2 Out of Camera
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT the Committee of the Whole do now rise from the "In Camera" session at 8:37 p.m
with nothing to report.
CARRIED
2017 Council Minutes May 18, 2017
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law 2017-050 Being a By-law to confirm all actions of Council
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT confirming By-Law 2017-050 be read a first, second and third time and finally
passed.
CARRIED
16. ADJOURNMENT
Moved by: Councillor Breyer
Seconded by: Councillor Casier
THAT the Council meeting be adjourned at 8:39 p.m.
CARRIED
MAYOR