HomeMy WebLinkAboutJune 07, 2018 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, June 7, 2018
7:00 p.m.
6:30 —Committee of Adjustment— Knifton
7:30 p.m. Public Meeting — Planning/Zoning - Deplancke
8:00 p.m. — Court of Revision —Tollgate Road Drain
PRESENT:
MAYOR PAUL ENS
DEPUTY MAYOR TOM SOUTHWICK
COUNCILLORS RANDY BREYER
WAYNE CASIER
ED KETCHABAW
STAFF PRESENT:
CA01 CLERK PAUL SHIPWAY
DEPUTY CLERK BRENDA GIBBONS
DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL
TREASURER LORNE JAMES
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
A. Report FR-03/18 by Randy White, Fire Chief I By-Law Officer re Water Rescue Craft
added as Item 9.2-A (This Report was originally presented at the Regular Meeting of
March 1, 2018 and deferred until completion of collective agreement negotiations)
B. Alcohol and Gaming Commission of Ontario re Notice of Extension of Hours for 2018
FIFA World Cup added as Item 11.1.1-E
C. By-Law No. 2018-069, being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Teamsters Union and its
Local 879 added as Item 12-I
2018 Council Minutes June 7, 2018
D. By-Law No. 2018-070, being a by-law to amend By-Law No. 2015-044 a by-law to
Establish and Regulate a Fire Department for the Municipality of Bayham be added as
Item 12-J
4. ANNOUNCEMENTS
None.
5. DELEGATIONS
A. 8:30 p.m. - Rob Foster from Graham Scott Enns re Financial Statements Presentation
Rob Foster provided an overview of the Draft 2017 Municipal Financial Statements.
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT the Council of the Corporation of the Municipality of Bayham approve the 2017
Financial Statements;
AND THAT staff be directed to post the final approved 2017 Financial Statements on the
website;
AND THAT the Mayor be authorized to sign the 2017 Audit Findings Letter;
AND THAT the CAOICIerk and Treasurer be directed to sign the 2017 Management
Representation Letter.
CARRIED
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Public Meeting held May 17, 2018 re Lakeshore Line
B. Regular Meeting held May 17, 2018
C. Statutory Planning Meeting held May 17, 2018 re Charles and Marlene Baldwin
D. Statutory Planning Meeting held May 17, 2018 re Gary and Sandra Parker
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT the minutes of the Public Meeting re Lakeshore Line held May 17, 2018, Regular
Meeting held May 17, 2018, Statutory Planning Meeting re Charles and Marlene Baldwin
held May 17, 2018 and Statutory Planning Meeting re Gary and Sandra Parker held May
17, 2018 be adopted.
CARRIED
7. MOTIONS AND NOTICE OF MOTION
8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
8.1 Correspondence
2018 Council Minutes June 7, 2018
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
A. Report FR-03/18 by Randy White, Fire Chief I By-Law Officer re Water Rescue Craft
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report FR-03/18 RE Water Rescue Craft be received for information.
CARRIED
10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Committee of Adjustment Decision re Abe and Charlotte Wall
B. Notice of Court of Revision re Tollgate Road Municipal Drain
C. Notice of Public Meeting re Knifton Proposed Minor Variance
D. Notice of Public Meeting re Deplancke and Lansink Proposed Zoning By-law Amendment
E. Notice of Public Meeting re Five Year Official Plan Review
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
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-37/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent
Application E32/18 Baldwin — Resubmission of Application E73/17
2018 Council Minutes June 7, 2018
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT Staff Report DS-37/18 regarding the Consent Application E32/18 submitted by
Charles and Marlene Baldwin be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E32/18 be granted subject to the following conditions:
1. Rezoning of the retained lands to a Site-specific Agriculture (A1-29) 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. 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
4. Copy of the final survey (digital) provided to the municipality
5. Letter of Undertaking providing for the merger of the severed parcel with the adjacent
westerly parcel as per the consent application.
CARRIED
B. Report DS-38/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent
Application E31/18 McGregor
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Staff Report DS-38/18 regarding the Consent Application E31/18 submitted by
Theresa McGregor be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E31/18 be granted subject to the following conditions:
1. Planning report fee payable to the municipality
2. Copy of the final survey (digital) provided to the municipality
3. Letter of Undertaking providing for the merger of the severed 1,097 m2 parcel with
the adjacent westerly parcel as per the consent application.
CARRIED
C. Report DS-39/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning
Application — Parker Zoning By-Law Z676-2018 Garden Suite
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT Staff Report DS-39/18 regarding the Parker 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 May
2018 Council Minutes June 7, 2018
17, 2018 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 Zoning By-law Z456-2003, as amended, be further amended by changing the
zoning on the lands owned by Gary and Sandra Parker from Agricultural (A1) to a
combined Agricultural and Temporary (A1/T2-7) Zone to permit a garden suite in the form
of a one storey mobile home unit for the care of an elderly parent for a period not to exceed
ten (10) years, ending June 7, 2028;
AND THAT Zoning By-law Z676-2018 be presented to Council for enactment;
AND THAT Council direct staff to bring forward a by-law to enter into an agreement with
Gary and Sandra Parker for the placement of a garden suite including provisions allowing
for a ten (10) year term and a security deposit in the amount of three thousand ($3000)
dollars for Council consideration.
CARRIED
D. Report DS-43/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Site Plan
Agreement—Vienna Farms Limited, 4964 Plank Road
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Report DS-43/18 regarding the Vienna Farms Limited site plan agreement be
received;
AND THAT By-law No. 2018-063 being a By-law to authorize the execution of a Site Plan
Agreement between Vienna Farms Limited and the Municipality of Bayham for
development at the property known as 4964 Plank Road be presented for enactment.
CARRIED
E. Report DS-40/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re
Petition for Drainage
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT the Council of the Municipality of Bayham acknowledges the filing with the Clerk of
the Petition for drainage works from Helena Peters;
AND THAT Report DS-40/18 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 consideration
CARRIED
2018 Council Minutes June 7, 2018
F. Report DS-41/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Alward
Drain Award Contract
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Staff Report DS-41-18 re: Alward Drain 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 Alward Drain, as submitted by Froese Excavating, in the amount of
$29,984.48 (excluding HST);
AND THAT By-Law 2018-066, being a by-law to authorize the execution of contract
documents with Froese Excavating be presented to Council for enactment
CARRIED
G. Report DS-42/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re
Fernley Drain Improvements Award Contract
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Staff Report DS-42-18 re: Fernley Drain Improvements 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 Fernley Drain Improvements, as submitted by VanBree Drainage and
Bulldozing Limited, in the amount of$260,975.00 (excluding HST), with work to commence
on or before November 30, 2018 and be completed on or before April 30, 2019;
AND THAT By-Law 2018-067, being a by-law to authorize the execution of contract
documents with VanBree Drainage and Bulldozing be presented to Council for enactment
CARRIED
H. Report DS-44/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Vienna
Line Drain
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Report DS-44/18 regarding the Vienna Line Drain be received for information;
AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report
#216111 dated May 22, 2018 for the Vienna Line Drain, as prepared by Spriet
Associates, and filed with the Clerk on May 30, 2018;
AND THAT Council set a date for the Public Meeting to he held on June 21, 2018 at
2018 Council Minutes June 7, 2018
8:00 pm 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 in accordance with the Drainage Act.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. County of Elgin re Notice to Destroy Weeds —2018/Town of Aylmer, Township of
Malahide, Municipality of Bayham joint Notice regarding Noxious Weeds
B. Town of Oakville re CN Intermodal Update
C. West Elgin Mutual Insurance re 2nd Annual Longest Day of Golf June 26, 2018
D. Notice re the Municipality of Bayham — Port Burwell East Beach Blue Flag raising
E. Alcohol and Gaming Commission of Ontario re Notice of Extension of Hours for 2018 FIFA
World Cup
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT correspondence items 11.1.1-A— 11.1.1-E be received for information.
CARRIED
Council recessed for the Statutory Planning Meeting at 7:30 p.m. and reconvened at 7:33 p.m.
11.1.2 Requiring Action
A. Ontario Good Roads Association re Invitation to join the Preferred Autonomous Vehicles
Test Corridor
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Ontario Good Roads Association correspondence re Invitation to join the Preferred
Autonomous Vehicles Test Corridor be received for information;
AND THAT the Council of the Municipality of Bayham participate in OGRA's Autonomous
Vehicle initiative;
AND THAT this matter be referred to staff to develop a list of preferred routes within the
municipality.
CARRIED
2018 Council Minutes June 7, 2018
B. EarlyON Child and Family Centres — St. Thomas Elgin re summer programs
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT correspondence from EarlyON Child and Family Centres —St. Thomas Elgin be
received for information;
AND THAT Council grants permission for the EarlyON Child and Family Centres— St.
Thomas Elgin to use the pavilion at the Port Burwell Fred Bodsworth Public Library for
programs from July 5, 2018 until August 23, 2018, the pavilion and adjacent field at the
Straffordville Community Centre for the Friday Playgroup from July 6, 2018 until August 17,
2018 and the pavilion at the Straffordville Community Centre for the Teddy Bear Picnic on
July 18, 2018.
CARRIED
C. Straffordville Community Committee re Watermelon Fest facility use fee
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT correspondence from the Straffordville Community Committee re Watermelon Fest
facility use be received for information;
AND THAT staff be directed to advise the Straffordville Committee they will be required to
pay the Community Partner facility rate.
CARRIED
11.2 Reports to Council
A. Report CAO-44/18 by Paul Shipway, CAO I Clerk re Municipal Green House Gas
Challenge Fund
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Report CAO-44/18 re Municipal GHG Challenge Fund be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
make applications to the Municipal GHG Challenge Fund as outlined within Report CAO-
44/18.
CARRIED
B. Report CAO-45/18 by Paul Shipway, CAO I Clerk re Chatham Street Parking Lot
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
2018 Council Minutes June 7, 2018
THAT Report CAO-45/18 re Chatham Street Parking Lot be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
proceed with the development of the Chatham Street Parking Lot as outlined in Appendix
`B' of Report CAO-45/18.
CARRIED
C. Report CAO-46/18 by Paul Shipway, CAO I Clerk re Traditional Land Acknowledgement
Statement
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report CAO-46/18 re Traditional Land Acknowledgement Statement be received for
information.
CARRIED
D. Report CAO-47/18 by Paul Shipway, CAO I Clerk re Design & Construction Standards
Moved by: Councillor Breyer
Seconded by: Councillor Casier
THAT Report CAO-47/18 re Design & Construction Standards be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
bring forward a by-law to adopt the Municipality of Bayham Design & Construction
Standards for Council consideration.
CARRIED
Council recessed for the Court of Revision at 8:00 p.m. and reconvened at 8:08 p.m.
E. Report CAO-48/18 by Paul Shipway, CAO I Clerk re Compliance Audit Committee 2018-
2022
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Report CAO-48/18 re Compliance Audit Committee 2018 — 2022 be received for
information;
AND THAT Council direct staff to appoint Elgin Election Joint Compliance Audit Committee
Members for the 2018 Municipal Election for Council consideration.
CARRIED
2018 Council Minutes June 7, 2018
F. Report CAO-49/18 by Paul Shipway, CAO I Clerk re Recyclable Materials— End Markets
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report CAO-49 re Recyclable Materials — End Markets be received for information;
AND THAT Council direct staff to refer Report CAO-49/18 re Recyclable Materials — End
Markets to the 2019 Operating Budget deliberations
CARRIED
12. BY-LAWS
A. By-Law No. 2018-040 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the Alward Municipal Drain (This
by-law follows the recommendation made in Report DS-27/18 by Bill Knifton, Chief Building
Official I Drainage Superintendent during the Court of Revision of May 3, 2018) (Third and
Final Reading)
B. By-Law No. 2018-041 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the Fernley Municipal Drain (This
by-law follows the recommendation made in Report DS-28/18 by Bill Knifton, Chief Building
Official I Drainage Superintendent during the Court of Revision of May 3, 2018) (Third and
Final Reading)
C. By-Law No. 2018-063 Being a by-law to authorize the execution of a Site Plan
Agreement between Vienna Farms Limited and The Corporation of the Municipality of
Bayham (This by-law follows the recommendation made in Report DS-43/18 by Margaret
Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of June 7, 2018)
D. By-Law No. 2018-064 Being a by-law to adopt Municipality of Bayham Design &
Construction Standards (This by-law follows the recommendation made in Report CAO-
47/18 by Paul Shipway, CAO I Clerk during the regular meeting of June 7, 2018)
E. By-Law No. 2018-065 Being a by-law to appoint members to the Elgin Election Joint
Compliance Audit Committee for the 2018 Municipal Election (This by-law follows the
recommendation in Report CA0-48/18 by Paul Shipway, CAO I Clerk during the regular
meeting of June 7, 2018)
F. By-Law No. 2018-066 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 Alward Drain 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-41/18 by Bill Knifton, Chief Building Official I Drainage
Superintendent during the regular meeting of June 7, 2018)
G. By-Law No. 2018-067 Being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and VanBree Drainage and Bulldozing Limited for the
provision of drainage works for the Fernley Drain Improvements in the Municipality of
2018 Council Minutes June 7, 2018
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-42/18 by Bill Knifton,
Chief Building Official I Drainage Superintendent during the regular meeting of June 7,
2018)
H. By-Law No. Z676-2018 Being a by-law to further amend By-Law Z456-2003 (This by-law
follows the recommendation in Report DS-39/18 by Margaret Underhill, Deputy Clerk
Planning Coordinator during the regular meeting of June 7, 2018)
I. By-Law No. 2018-069 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Teamsters Union and its Local
879
J. By-Law No. 2018-070 Being a by-law to amend By-Law No. 2016-044 a by-law to
Establish and Regulate a Fire Department for the Municipality of Bayham
Moved by: Councillor Ketchabaw
Seconded by: Councilor Casier
THAT the Council of the Corporation of the Municipality of Bayham move to separate By-
Laws No. 2018-069 and 2018-070 to vote on separately.
CARRIED
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT By-Laws No. 2018-040 and 2018-041 be read a third time and finally passed;
AND THAT By-Laws No. 2018-063, 2018-064, 2018-065, 2018-066, 2018-067and Z676-
2018 be read a first, second and third time and finally passed.
CARRIED
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT By-Laws No. 2018-069 and 2018-070 be read a first, second and third time and
finally passed.
CARRIED
13. UNFINISHED BUSINESS
2018 Council Minutes June 7, 2018
14. OTHER BUSINESS
Council recessed for a short break at 8:16 p.m. and reconvened at 8:30 p.m.
14.1 In Camera
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT the: Council do now rise at 8:49 p.m. to enter into an "In Camera" Session of
Committee of the Whole at p.m. to discuss:
Proposed or pending acquisition or disposition of land by the municipality or local board.
CARRIED
A. Confidential Item regarding a proposed or pending acquisition or disposition of land by the
municipality or local board (Part of Lots 5 & 6, Plan 219)
14.2 Out of Camera
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT the Committee of the Whole do now rise from the "In Camera" session at 9:14 p.m.
with nothing to report.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law No. 2018-068 Being a by-law to confirm all actions of Council
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Confirming By-Law No. 2018-068 be read a first, second and third time and finally
passed
CARRIED
2018 Council Minutes June 7, 2018
16. ADJOURNMENT
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT the Council meeting be adjourned at 9:15 p.m.
CARRIED
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