HomeMy WebLinkAboutNovember 16, 2017 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, November 16, 2017
7:00 p.m.
PRESENT:
MAYOR PAUL ENS
DEPUTY MAYOR TOM SOUTHWICK
COUNCILLORS RANDY BREYER
WAYNE CASIER
ED KETCHABAW
STAFF PRESENT:
CAO I CLERK PAUL SHIPWAY
DEPUTY CLERK BRENDA GIBBONS
DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL
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. IBI Group Inc. re Presentation and Background Report added as attachment to Item 5-A
B. Bayham Beachfest Committee re Straffordville Santa Claus Parade added as Item 11.1.2-A
4. ANNOUNCEMENTS
None.
5. DELEGATIONS
A. Municipal Planning Consultant William Pol, IBI Group Inc. re Official Plan Review—
Background Report presentation
William Pol from IBI Group presented an update on the Official Plan Review process to
date along with the tasks and timelines moving forward to the finalization and adoption of
the Official Plan.
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT the Official Plan Review— Background Report presentation by William Pol IBI Group
Inc. be received for information;
AND THAT staff be directed to post the Official Plan Background Report on the municipal
website for review.
CARRIED
2017 Council Minutes November 16, 2017
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held November 2, 2017
B. Public Meeting held November 2, 2017 Zoning Application Bartsch
C. Public Meeting held November 2, 2017 Official Plan and Zoning Applications Mudge
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT the minutes of the Regular Meeting held November 2, 2017, Public Meeting re
Bartsch held November 2, 2017 and Public Meeting re Mudge held November 2, 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 Adoption of Official Plan Amendment No. 21 re Boeder
B. Notice of Passing of Zoning By-Law Z665-2017 re Gagnon
C. Notice of Passing of Zoning By-Law Z666-2017 re Martin
D. Notice of Passing of Zoning By-Law Z667-2017 re Reimer
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT the correspondence items 10.1.1-A - 10.1.1-D be received for information.
CARRIED
10.1.2 Requiring Action
2017 Council Minutes November 16, 2017
10.2 Reports to Council
A. Report DS-67/17 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re By-Law
2017-114 Official Plan Amendment No 22 and Zoning By-Law Z669-2017 Mudge
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT Staff Report DS-67/17 regarding the Official Plan and Zoning By-law Amendments
submitted by David and Patricia Mudge 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
November 2, 2017 associated with these applications, there were no written public
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 September 26, 2017;
AND THAT By-law 2017-114, being an adopting By-law for Official Plan Amendment No.
22, 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. 22 be forwarded to the County of Elgin
for approval;
AND THAT subject to the County of Elgin approval of the Official Plan Amendment No. 22
that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on
the subject lands from the Central Business District (C1) Zone to the Village Residential (R1)
Zone;
AND THAT Zoning By-law Z669-2017 be presented to Council for First and Second reading.
CARRIED
B. Report DS-68/17 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning
Application Bartsch 56087 Calton Line and Zoning By-Law Z668-2017
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT Staff Report DS-68/17 regarding the Bartsch rezoning application 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
November 2, 2017 associated with this application, there were no written submissions and
no persons made oral presentation regarding this matter and that all considerations were
taken into account in Council's decision passing this resolution;
AND THAT the Council of the Corporation of the Municipality of Bayham take the following
action with respect to the application by Abram and Maria Bartsch relating to the property
located at 56087 Calton Line:
2017 Council Minutes November 16, 2017
The request to change the zoning on the lands from Rural Residential (RR) to Rural
Residential —Site Specific Temporary Use (RR/T2-6) Zone in Zoning By-law Z456-2003
to permit the manufacturing, retail sales and outdoor storage of mini-barns for a period
not exceeding two (2) years BE REFUSED for the following reasons:
1. Non-conformity with the Provincial Policy Statement 2014 (PPS) Section 1.2.6.1
Land Use Compatibility—the proposed temporary industrial use on a residential
parcel in an agricultural area has the potential to create a nuisance to
neighbouring properties
2. Non-consistency with the Bayham Official Plan Section 8.15.3.2 Temporary Use
By-laws Permitted Uses due to noise, traffic and visual impact of outdoor storage
and the potential to negatively impact surrounding parcels
3. Non-consistency with the Bayham Official Plan Section 2.1.1.2 —proposed use is
not listed and uses that contribute to noise, traffic and visual impact of outdoor
storage are not permitted as they have the potential to contribute to land use
conflicts
4. Non-compliance with Bayham Zoning By-law Z456-2003 Section 26.2
Supplemental Regulations as the proposed temporary industrial use does not
comply with the Rural Residential (RR) Zone
CARRIED
C. Report DS-69/17 by Margaret Underhill, Deputy Clerkplanning Coordinator re Consent
Application E73/17 Baldwin
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Staff Report DS-69/17 regarding the Consent Application E73/17 submitted by
Charles and Marlene Baldwin be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E73/17 be granted subject to the following conditions:
1. Rezoning of the retained lands to a Site-specific Agriculture (A1-XX) Zone to
recognize the minimum lot area deficiency of 15 ha where 20 ha is the required
minimum and the severed lands are rezoned to an Agriculture (Al-A) Zone
2. Planning report fee payable to the municipality
3. Confirmation of the completion of the conveyance of the unopened public right-of-
way described as Part 1 of 11R10176, having been stopped up, closed and
conveyed by By-law 2017-076 passed on August 17, 2017
4. Survey confirmation the Top of Bank plus 6.0 metres is being retained with the
retained lands in order for both sides of the valley to stay in one ownership
2017 Council Minutes November 16, 2017
5. Copy of the final survey (paper and digital) provided to the municipality
6. Letter of Undertaking providing for the merger of the severed parcel with the adjacent
westerly parcel as per the consent application
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Elgin St. Thomas Public Health re Ontario's Safe and Sensible Framework to Manage
Federal Legalization of Cannabis
B. Ministry of Finance re Federal Legalization of Cannabis
C. Municipality of Morris-Turnberry resolution concerning the Tenanted Farm Tax Class
Properties Being Changed to the Residential Tax Class
D. Municipality of Bayham Winter Control Operations Notice
E. Long Point Region Conservation Authority Board of Directors minutes of meeting held
October 4, 2017
Moved by: Councillor Breyer
Seconded by: Deputy Mayor Southwick
THAT the correspondence items 11.1.1-A - 11.1.1-E be received for information.
CARRIED
11.1.2 Requiring Action
A. Bayham Beachfest Committee re Straffordville Santa Claus Parade
Moved by: Councillor Breyer
Seconded by: Councillor Casier
THAT the revised Event Road Closure Request Form from the Bayham Beachfest
Committee regarding the Straffordville Santa Claus Parade be received;
AND THAT the Council of the Municipality of Bayham grants permission to amend the
route of the 2017 Straffordville Santa Claus Parade;
AND THAT the County of Elgin be requested for permission to use Plank Road from Third
Street to Heritage Line and Heritage Line from Plank Road to Sandytown Road.
CARRIED
2017 Council Minutes November 16, 2017
11.2 Reports to Council
A. Report CAO-70/17 by Paul Shipway, CAOICIerk re Sign By-Law
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Report CAO-70/17 be received for information;
AND THAT Staff be directed to strike out and remove Section 3.2 i, 3.3 and 3.4 and
renumber accordingly;
AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
bring forward a Sign By-law for Council consideration.
CARRIED
B. Report CAO-72/17 by Paul Shipway, CAOICIerk re Wheelhouse
Moved by: Councillor Breyer
Seconded by: Councillor Ketchabaw
THAT Report CAO-72/17 re Wheelhouse be received for information;
AND THAT Council acknowledge and accept the financials provided by the Port Burwell
Historical Society;
AND THAT Council acknowledges the Wheelhouse has been fully restored to the level
contemplated by Council on June 2, 2016;
AND THAT Council direct staff to bring forward a By-law to authorize the execution of a
Trust Agreement with the Port Burwell Historical Society, for Council consideration;
AND THAT Council approve the placement of the Wheelhouse on municipal property
pursuant to the approved Site Plan.
CARRIED
C. Report CAO-73/17 by Paul Shipway, CAOICIerk re 2018 Insurance Renewal
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT Report CAO-73/17 re 2018 Insurance Renewal be received for information;
AND THAT the 2018 Municipal Insurance Program be obtained from Frank Cowan
Company Limited in accordance with the offer to renew dated November 6, 2017, at a total
premium of$120,717 plus applicable taxes.
CARRIED
2017 Council Minutes November 16, 2017
D. Report CAO-75/17 by Paul Shipway, CAOICIerk re Accessibility Plan Update —Status
Report
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Report CAO-75/17 re Accessibility Plan Update — Status Report be received for
information.
AND THAT the 2017 Municipality of Bayham Accessibility Plan —Status Update be posted
on the municipal website.
CARRIED
12. BY-LAWS
A. By-Law 2017-114 Being a By-law to adopt Official Plan Amendment No. 22 regarding
lands designated as "Commercial" being changed to "Residential" in the Municipality of
Bayham Official Plan (This by-law follows the recommendation made in Report DS-67/17
by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of
November 16, 2017)
B. By-Law Z668-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by-
law follows the recommendation made in Report DS-68/17 by Margaret Underhill, Deputy
Clerk/Planning Coordinator during the regular meeting of November 16, 2017) First and
Second Reading Only
C. By-Law Z669-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by-
law follows the recommendation made in Report DS-67/17 by Margaret Underhill, Deputy
Clerk/Planning Coordinator during the regular meeting of November 16, 2017) First and
Second Reading Only
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT By-Law Z668-2017 be received for information;
AND THAT By-Law Z669-2017 be read a first and second time only;
AND THAT By-Law 2017-114 be read a first, second and third time and finally passed.
CARRIED
13. UNFINISHED BUSINESS
None.
2017 Council Minutes November 16, 2017
14. OTHER BUSINESS
A. Councillor Breyer brought forward a request from the Bayham Historical Society re
Christmas Lights in Vienna Memorial Park
Moved by: Councillor Breyer
Seconded by: Councillor Casier
THAT the Council of the Corporation of the Municipality of Bayham approve the placement
of lights by the Bayham Historical Society at the Vienna Memorial Park for the 2017 —2018
Holiday season.
CARRIED
B. Straffordville Hall Foundation re Straffordville Community Centre Outdoor Rink
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT Council approve the placement of the Outdoor Skating Rink at the Straffordville
Concrete Pad Surface for the 2017 —2018 winter season;
AND THAT Council approves the Fire Department providing water for the initial flooding of
the rink.
CARRIED
Council recessed for a short break at 8:30 p.m. and reconvened at 8:37 p.m.
14.1 In Camera
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT the Council do now rise to enter into an "In Camera" Session of Committee of the
Whole at 8:37 p.m. to discuss:
• a proposed or pending acquisition or disposition of land by the municipality or local
board;
• personal matters about an identifiable individual, including municipal or local board
employees.
CARRIED
A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the
municipality or local board (Beattie Rd)
B. Confidential Report regarding personal matters about an identifiable individual, including
municipal or local board employees (Human Resources)
2017 Council Minutes November 16, 2017
14.2 Out of Camera
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT the Committee of the Whole do now rise from the "In Camera" session at 8:51 p.m.
with nothing to report.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law 2017-115 Being a By-law to confirm all actions of Council
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT confirming By-Law 2017-115 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 8:53 p.m.
CARRIED
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