Loading...
HomeMy WebLinkAboutApril 19, 2018 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, April 19, 2018 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 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 None 5. DELEGATIONS A. 7:05 p.m. — Lisa Maselli from Elgin-St. Thomas Public Health re The Elgin—St. Thomas Food Charter, created by Food For All Lisa Maselli provided an overview of The Elgin-St. Thomas Food Charter and explained the rationale for the Food Charter and Food System Strategy. Council endorsement of the Food Charter was requested to help support the vision of a healthy food system. Moved by: Councillor Breyer Seconded by: Councillor Casier THAT the Council of The Corporation of the Municipality of Bayham endorse The Elgin-St. Thomas Food Charter. CARRIED 2018 Council Minutes April 19, 2018 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held April 5, 2018 B. Statutory Planning Meeting held April 5, 2018 re Lighthouse Gospel Church C. Statutory Planning Meeting held April 5, 2018 re Jack and Janet Wouters D. Drainage Public Meeting held April 5, 2018 re Fernley Municipal Drain E. Drainage Public Meeting held April 5, 2018 re Alward Municipal Drain F. Court of Revision held April 5, 2018 re Corinth Municipal Drain Branch 'C' Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the minutes of the Regular Meeting held April 5, 2018, Statutory Planning Meeting re Lighthouse Gospel Church held April 5, 2018, Statutory Planning Meeting re Jack and Janet Wouters held April 5, 2018, Drainage Public Meeting re Fernley Municipal Drain held April 5, 2018, Drainage Public Meeting re Alward Municipal Drain held April 5, 2018 and Court of Revision re Corinth Municipal Drain Branch 'C' held April 5, 2018 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 Committee of Adjustment Decision re Jaime and Maria Froese B. Notice of Committee of Adjustment Decision re Steve and Lisa Hart C. Notice of Court of Revision Disposition re Corinth Drain — Branch 'C' D. Notice of Court of Revision re Alward Municipal Drain E. Notice of Court of Revision re Fernley Municipal Drain 2018 Council Minutes April 19, 2018 Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT correspondence items 10.1.1-A— 10.1.1-E be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-26/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re 1st Quarter Report Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report DS-26/18 regarding the activities of the Building Services & Drainage Department for the first quarter of 2018 be received for information. CARRIED B. Report DS-31/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Corinth Drain Branch 'C' Award Contract Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS-31/18 re Corinth Drain Branch 'C' Award Contract be received for information: AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Corinth Municipal Drain Branch 'C', as submitted by Froese Excavating, in the amount of$12,660.00 (excluding HST), with work to commence on or before May 1, 2018 and be completed on or before May 4, 2018; AND THAT By-Law 2018-052, being a by-law to authorize the execution of contract documents with Froese Excavating be presented to Council for enactment CARRIED C. Report DS-32/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Tollgate Road Drain Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report DS-32/18 regarding the Tollgate Road Drain be received for information; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #213140 dated April 2, 2018 for the Tollgate Road Drain, as prepared by Spriet Associates, and filed with the Clerk on April 12, 2018; AND THAT Council set a date for the Public Meeting to he held on May 3, 2018 at 8:00 pm to consider the Report; 2018 Council Minutes April 19, 2018 AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works in accordance with the Drainage Act. CARRIED D. Report DS-29/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Lighthouse Gospel Church Rezoning Application Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report DS-29/18 regarding the Zoning By-law Amendment for Lighthouse Gospel Church at 59 Victoria Street, Port Burwell, 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 April 5, 2018 associated with this application, there were no oral presentations and no written submissions received regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on 59 Victoria Street from the Institutional (I) Zone to the Site-specific Institutional (I- 4) Zone adding Private School as a permitted use; AND THAT Zoning By-law Z674-2018 be presented to Council for enactment. CARRIED E. Report DS-30/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Wouters Rezoning Application Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Report DS-30/18 regarding the Zoning By-law Amendment for Jack and Janet Wouters 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 April 5, 2018 associated with this application, the Agent made oral presentation, one written submission from four individuals in support was noted as received and that all considerations regarding this matter were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the Agriculture (A1) Zone on the lot addition portion and the Rural Residential (RR) Zone on 54004 Calton Line to the Site-specific Rural Residential (RR-35) Zone to meet the condition of Consent Application E20/17 and to add a seasonal home-based canoe and kayak rental business as a permitted use; AND THAT Zoning By-law Z675-2018 be presented to Council for enactment; 2018 Council Minutes April 19, 2018 AND FURTHER THAT the Wouters provide an Emergency Preparedness Plan as described in the IBI Group memorandum dated March 28, 2018 to the satisfaction of Municipal staff. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Long Point Region Conservation Authority Board of Directors minutes of Annual General Meeting held February 23, 2018 B. Ministry of Citizenship and Immigration re Lincoln M. Alexander Award C. Notice re International Plowing Match Legacy Agricultural Scholarship D. Resolution of The Corporation of the Township of Madawaska Valley re asset management planning E. The Corporation of the Township of Baldwin re Bill C-71 F. Resolution of the Regional Municipality of Halton re Seeking Support on the Court Application Involving the CN Truck-Rail Development in the Town of Milton G. Ernie Hardeman, M.P.P. re private members bill which would give municipalities the right to approve or reject landfill projects H. Tunnel Line Temporary Road Closure Notice Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT correspondence items 11.1.1-A— 11.1.1-H be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham support the right to approve landfill developments as proposed by MPP Ernie Hardeman. CARRIED 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-39/18 by Paul Shipway, CAO I Clerk re Port Burwell Family Residences Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report CAO-39/18 re Port Burwell Family Residences be received for information; AND THAT Council direct staff to bring forward a by-law to authorize the execution of a Bayham Garbage Tag Allocation Agreement with Port Burwell Family Residences for Council consideration. CARRIED 2018 Council Minutes April 19, 2018 B. Report CAO-40/18 by Paul Shipway, CAO I Clerk re Laserfiche—Treasury Department Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report CAO-40/18 re Laserfiche —Treasury Department be received for information; AND THAT Council direct staff to utilize Working Capital funds to an upset limit of$10,000 to design and implement Laserfiche —Treasury Department automated process enhancements as outlined within Report CAO-40/18. CARRIED 12. BY-LAWS A. By-Law No. Z674-2018 Being a by-law to further amend By-Law No. Z456-2003 Lighthouse Gospel Church Zoning (This by-law follows the recommendation in Report DS- 29/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of April 19, 2018) B. By-Law No. Z675-2018 Being a by-law to further amend By-Law No. Z456-2003 Wouters Zoning (This by-law follows the recommendation in Report DS-30/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of April 19, 2019) C. By-Law No. 2018-052 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Froese Excavating for the provision of drainage works for the Corinth Municipal Drain — Branch 'C' in the Municipality of Bayham pursuant to provisions of the Drainage Act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation in Report DS-31/18 by Bill Knifton, Chief Building Official Drainage Superintendent during the regular meeting of April 19, 2018) D. By-Law 2018-053 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Port Burwell Family Residences to ensure the equitable distribution of benefit provided by Bayham Garbage Tags (This by-law follows the recommendation in Report CAO-39/18 by Paul Shipway, CAO I Clerk during the regular meeting of April 19, 2018) E. By-Law 2018-054 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Field and Flock Farms Ltd. for all labour and equipment required to clean up and remove stumps erroneously cut on municipal property in select areas Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT By-Laws No. Z674-2018, Z675-2018, 2018-052, 2018-053 and 2018-054 be read a first, second and third time and finally passed. CARRIED 2018 Council Minutes April 19, 2018 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 7:48 p.m. to discuss: • a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board; • proposed or pending acquisition or disposition of land by the municipality or local board; • the security of the property of the municipality or local board; • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED A. Confidential Report regarding a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Use Agreements) B. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality of local board (Gregson Road— Unopened Road Allowance) C. Confidential Report regarding the security of the property of the municipality or local board, advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Lakeshore Line) 14.2 Out of Camera Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Committee of the Whole do now rise from the "In Camera" session at 8:32 p.m. with progress to report. CARRIED Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT pursuant to By-law No. 2014-090, the Delegation of Powers By-law, staff be directed to temporarily close Lakeshore Line from Clarke Road to Elgin County Road 55 with access remaining for abutting property owners and emergency services; AND THAT Lakeshore Line from Clarke Road to Elgin County Road 55 be temporarily closed as a result of public safety risk of erosion of the Lake Erie shoreline, specifically the risk associated with the public use of Lakeshore Line in proximity to the crest of the bluff where Lakeshore Line ranges in distance from less than 25 metres up to 125 metres from the crest of the bluff; 2018 Council Minutes April 19, 2018 AND THAT pursuant to By-law No. 2007-121, the Notice By-law, staff be directed to conduct permanent road closure activities for Lakeshore Line from Clarke Road to Elgin County Road 55 with access remaining for abutting property owners and emergency services; AND THAT in addition to the notice provisions of By-law No. 2007-121 staff be directed to schedule a public meeting on May 17, 2018 at 6:00 PM at the Municipality of Bayham Council Chambers, 56169 Heritage Line, Straffordville, Ontario to present an overview of the municipal assessment of Lakeshore Line and proposed process going forward to provide abutting property owners on the subject portion of Lakeshore Line with private access to public roads through conveyance; AND THAT Council direct staff to bring forward a by-law for Council consideration to permanently close Lakeshore Line from Clarke Road to Elgin County Road 55 on May 17, 2018; AND THAT pursuant to By-law No. 2015-021, the Sale & Disposition of Land By-law, the Council of the Corporation of the Municipality of Bayham declare lands known as Lakeshore Line from Clarke Road to Elgin County Road 55, on a yet to be determined registered plan, surplus to the needs of the Municipality for the purposes of conveyance to abutting property owners to provide private access to public roads as a result of the closure of Lakeshore Line from Clarke Road to Elgin County Road 55 due to public safety risk of erosion of the Lake Erie shoreline, specifically the risk associated with the public use of Lakeshore Line in proximity to the crest of the bluff where Lakeshore Line ranges in distance from less than 25 metres up to 125 metres from the crest of the bluff; AND THAT Council direct staff to provide notice pursuant to the Sale & Disposition of Land Policy. CARRIED Moved by: Councillor Casier Seconded by: Councillor Breyer THAT pursuant to By-law No. 2014-090, the Delegation of Powers By-law, staff be directed to temporarily close Clarke Road from Lakeshore Line to Glen Erie Line for the purposes of road reconstruction; AND THAT Council direct staff to utilize Road Construction Reserve funds to reconstruct Clarke Road from Lakeshore Line to Glen Erie Line as a gravel road at the conclusion of the 2018 Capital program. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-055 Being a By-law to confirm all actions of Council Moved by: Councillor Breyer Seconded by: Councillor Casier THAT Confirming By-Law No. 2018-055 be a first, second and third time and finally passed CARRIED 2018 Council Minutes April 19, 2018 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Council meeting be adjourned at 8:40 p.m. CARRIED im MAYO'" L`7('