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HomeMy WebLinkAboutAugust 17, 2017 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, August 17, 2017 7:00 p.m. 8:00 p.m. — Public Meeting — Drainage— Centre Street Drain — North Council recessed for a break at 7:56 p.m. and reconvened at 8:00 p.m. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO (CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON 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 None. 4. ANNOUNCEMENTS A. Council Breyer commented on the success of the Bayham Beachfest noting a very good turnout regardless of the weather. B. Mayor Ens provided a reminder for Watermelon Fest Saturday, August 26, 2017 5. DELEGATIONS None 2017 Council Minutes August 17, 2017 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held July 20, 2017 B. Special Meeting held August 1, 2017 Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the minutes of the Regular Meeting held July 20, 2017 and the Special Meeting held August 1, 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 Centre Street Drain — North Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT the correspondence item 10.1.1-A be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-37/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re 2nd Quarter Report Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick 2017 Council Minutes August 17, 2017 THAT Report DS-37/17 regarding the activities of the Building Services & Drainage Department for the second quarter of 2017 be received for information. CARRIED B. Report DS-40/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Petition for Drainage Moved by: Councillor Casier Seconded by: Councilor Breyer THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Marinus Rodenburg; THAT Report DS-40/17 regarding the petition for drainage and for drainage improvement be received; 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 C. Report DS-41/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Assume and Establish lands as part of Open Public Highway System being Bogus Road Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS-41/17 be received for information; AND THAT Council acknowledge the transfer of Part 3 on Reference Plan 11R10148 from Linda and William Rimnyak to The Corporation of the Municipality of Bayham; AND THAT Council acknowledge the transfer of Part 1 & 2 on Reference Plan 11R10148 from Fred and Judy Froese to The Corporation of the Municipality of Bayham; AND THAT By-law No. 2017-086 being a By-law to assume and establish lands in the Municipality of Bayham as part of the open public highway system being Parts 1, 2 & 3 of Registered Plan 11R10148, being portions of the Travelled Road known as Bogus Road, be presented to Council for enactment. CARRIED 2017 Council Minutes August 17, 2017 D. Report DS-43/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Site Plan Agreement—Straffordville Evangelical Mennonite Church Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report DS-43/17 regarding the Straffordville Evangelical Mennonite Church and site plan agreement extension be received; AND THAT Council agrees to extend the Straffordville EMC site plan agreement approved on August 18, 2016 by By-Law 2016-074 due to expire on August 18, 2017 for an additional two years ending August 18, 2019. CARRIED E. Report DS-44/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Site Plan Agreement— Bonnefield Farmland Ont. III Inc. Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report DS-44/17 regarding the Bonnefield Farmland Ont. III site plan agreement extension be received; AND THAT By-law No. 2017-087 being a By-law to authorize the execution of a Site Plan Agreement between Bonnefield Farmland Ont. III Inc. and the Municipality of Bayham for development at the property known as 4964 Plank Road be presented for enactment. CARRIED F. Report DS-45/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Official Plan Amendment No. 19 and Zoning By-Law Z661-2017 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Staff Report DS-45/17 regarding the Official Plan and Zoning By-law Amendments submitted by Edgar F. Matthews be received for information; AND THAT Council acknowledges Official Plan Amendment No. 19 is County of Elgin approved with no appeal; AND THAT Zoning By-law Z661-2017 be presented to Council for Third and Final reading. CARRIED 2017 Council Minutes August 17, 2017 G. Report DS-46/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Official Plan Amendment No. 20 and Zoning By-Law Z662-2017 Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Staff Report DS-46/17 regarding the Official Plan and Zoning By-law Amendments for 18 and 20 Pitt Street Port Burwell be received for information; AND THAT Council acknowledges that Official Plan Amendment No. 20 is County of Elgin approved with no appeal; AND THAT Zoning By-law Z662-2017 be presented to Council for Third and Final reading. CARRIED H. Report DS-47/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E50/17 Krahn Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report DS-47/17 regarding Consent application E50/17 submitted by Ben Krahn be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E50/17 be granted subject to the following conditions: 1. Grading plan 2. Municipal lot assessment for private septic system 3. Water quality testing report for nitrates and bacteria content meeting the Provincial standards for residential use, as a matter of public health and safety 4. Water quantity testing report meeting the Provincial standards for residential use, as a matter of public health and safety 5. County Road Access confirmation 6. $500 cash-in-lieu of parkland dedication fee 7. Purchase of a civic number sign 8. Planning report fee payable to the municipality 9. Copy of final survey— paper and digital CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. City of Owen Sound re Support Resolution — Request for Economic Impact Analysis B. City of Owen Sound re Proposed Changes Under Bill 68 —Out of Court Payments C. Township of Pickle Lake Resolution re Carbon Tax/Fee 2017 Council Minutes August 17, 2017 D. Municipality of Bluewater re Ontario Carbon Tax Resolution E. Municipality of Bluewater re Removal of Tax Exempt Portion on Remuneration F. Township of Malahide re Proposed New Zoning By-Law G. County of Elgin re School Closures H. Sylvia Jones, MPP, Dufferin-Caledon re Private Member's Bill 141 I. Long Point Region Conservation Authority Board of Directors Minutes of meeting held July 5, 2017 J. Temporary Road Closure Notice re Robinson Street from Brock Street to the Beach Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the correspondence items 11.1.1-A— 11.1.1-J be received for information. CARRIED 11.1.2 Requiring Action A. Bayham Historical Society re Reprint of the Vienna Historical Highlights Book Moved by: Councillor Breyer Seconded by: Councillor Casier THAT the Council of the Corporation of the Municipality of Bayham, in addition to transferring all physical copies of the Vienna Historical Highlights Book, transfer the publishing rights to the Bayham Historical Society for its own purposes; AND THAT any and all future publishing responsibilities or obligations be solely that of the Bayham Historical Society. CARRIED B. Ministry of Municipal Affairs re Municipal Elections Act Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT correspondence from Ministry of Municipal Affairs regarding changes to the Municipal Elections Act, 1996 under Bill 68 be received for information. CARRIED 2017 Council Minutes August 17, 2017 C. YWCA re Emergency Evacuation Location Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT request from YWCA St. Thomas— Elgin to identify the Straffordville Community Centre as an emergency evacuation location for the Straffordville School 2017 —2018 before and after school program be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham approves the request for the Straffordville Community Centre to be used by the YWCA before and after school program as an emergency evacuation location. CARRIED 11.2 Reports to Council A. Report CAO-54/17 by Paul Shipway, CAO I Clerk re Port Burwell Parking Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Report CAO-54/17 re Port Burwell Parking be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham declare lands known as Draft Plan 1713138-W— Part 1 — 529 m2 and Plan 11-R 5136— Part 2 — 2,090 m2 surplus to the needs of the Municipality for the purpose of land transfer to obtain ownership of the lands known as Draft Plan 17-13138E — 1,700 m2 and TBD Plan 1,507 m2; AND THAT Council direct staff to provide notice pursuant to the Sale & Disposition of Land Policy. AND THAT Council provide 2526998 Ontario Inc., and its agents, access to the lands described as Draft Plan 1713138-W— Part 1 — 529 m2 and Plan 11-R 5136 — Part 2 — 2,090 m2 subject to the provision of municipally specified indemnification and an insurance certificate. CARRIED B. Report CAO-55/17 by Paul Shipway, CAO I Clerk re RFT 17-04 2018-2021 Lawn Maintenance Services Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-55/17 re RFT 17-04, 2018-2021 Lawn Maintenance Services be received for information; 2017 Council Minutes August 17, 2017 AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a by-law to enter into an agreement with Swantech Industries for the provision of 2018-2021 Lawn Maintenance Services, for Council consideration. CARRIED C. Report CAO-57/17 by Paul Shipway, CAO I Clerk re Proposed Elgin County Sidewalk Grant Program Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO-57/17 re Proposed Elgin County Sidewalk Grant Program be received for information; AND THAT staff be directed to circulate Report CAO 57/17 re Proposed Elgin County Sidewalk Grant to all Elgin County lower-tier municipalities seeking support of the Proposed Elgin County Sidewalk Grant Program; AND THAT pending the support of all Elgin County lower-tier municipalities, Elgin County Council be respectfully requested to consider implementation of the proposed Elgin County Sidewalk Grant Program effective 2018. CARRIED D. Report CAO-58/17 by Paul Shipway, CAO I Clerk re Bill 148— Fair Workplaces, Better Job Act, 2017 Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report CAO-58/17 re Bill 148, Fair Workplaces Act be received for information; AND THAT Council support the comments and concerns expressed by AMO; AND THAT a copy of this resolution be provided to MPP Jeff Yurek. CARRIED 12. BY-LAWS A. By-Law 2017-059 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Wellington Street Drain (This by-law follows the recommendation made in Report DS-19/17 by Bill Knifton, Chief Building Official I Drainage Superintendent during the regular meeting of May 18, 2017) (Third and Final Reading) B. By-Law 2017-062 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin knowns as the Sproul Drain Branch 'A' Extension (This by-law follows the recommendation made in Report DS-30/17 during the public meeting of June 15, 2017) (Third and Final Reading) 2017 Council Minutes August 17, 2017 C. By-Law 2017-063 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Firehall No. 1 Municipal Drain (This by-law follows the recommendation made in Report DS-31/17 during the public meeting of June 15, 2017) (Third and Final Reading) D. By-Law 2017-076 Being a By-law to stop up, close and convey part of the unopened road allowance between Lots 20 and 21 Concession 10 in the Municipality of Bayham in the County of Elgin, designated as Part 1 on Registered Plan 11 R-10176 (Third and Final Reading) E. By-Law 2017-078 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Centre Street North Municipal Drain (This by-law follows the recommendation made in Report DS38/17 by Bill Knifton, Chief Building Official I Drainage Superintendent during the public meeting of August 17, 2017) (First and Second Reading Only) F. By-Law 2017-081 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Arthur Vanderispaille o/a Erie-Vu Trailer Park G. By-Law 2017-082 Being a By-law to further amend By-Law 2016-014 a By-law to regulate traffic and parking on highways, private property and Municipal property within the Municipality of Bayham H. By-Law 2017-086 Being a By-law to assume and establish lands in the Municipality of Bayham as part of the open public highway system (Bogus Road) (This by-law follows the recommendation made in Report DS-41/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of August 17, 2017) I. By-Law 2017-087 Being a By-law to authorize the execution of a site plan agreement between Bonnefield Farmland Ont. III Inc. and The Corporation of the Municipality of Bayham (This by-law follows the recommendation made in Report DS-44/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of August 17, 2017) J. By-Law 2017-088 Being a By-law to authorize the execution of an agreement between The Municipality of Bayham and Swantech Industries for the Provision of Landscaping Services (This by-law follows the recommendation made in Report CA0-55/17 by Paul Shipway, CAO I Clerk during the regular meeting of August 17, 2017) K. 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-45/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of August 17, 2017) (Third and Final Reading) L. By-Law Z662-2017 Being a By-law to further amend By-Law Z456-2003 (This by-law follows the recommendation made in Report DS-46/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of August 17, 2017) (Third and Final Reading) Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT By-Law 2017-078 be read a first and second time only; 2017 Council Minutes August 17, 2017 THAT By-Laws 2017-059, 2017-062, 2017-063, 2017-076, Z661-2017 and Z662-2017 be read a third time and finally passed; AND THAT By-Laws 2017-081, 2017-082, 2017-086, 2017-087 and 2017-088 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. Council will hold a ribbon cutting event at the new Corinth Pavilon on Monday, September 4, 2017 at 6:00 p.m. 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017- 089 Being a By-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Councillor Breyer THAT confirming By-Law 2017-089 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Council meeting be adjourned at 8:18 p.m. CARRIED YOR +''