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Home My WebLink AboutJanuary 17, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, January 17, 2019 7:00 p.m. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERKIPLANNING COORDINATOR MARGARET UNDERHILL ROAD OPERATIONS SUPERVISOR STEVE ADAMS MANGER OF CAPITAL PROJECTS WATER I WASTEWATER ED ROLOSON CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON 1. CALL TO ORDER Mayor Ketchabaw 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 DS-06/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E1/19 Orchard Crest Farms Ltd. added as Item 10.2-E B. Report DS-07/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E2-5/19 Schafer, Barnard, Vansevenant added as Item 10.2-F 4. ANNOUNCEMENTS A. Councillor Donnell announced the Port Burwell Firefighters Association will be hosting the Grand Opening of the Port Burwell skating rink Friday evening, January 18 and offering free hot chocolate and snacks. B. Councillor Chilcott announced the Straffordville skating rink was opening this evening. 2019 Council Minutes January 17, 2019 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held January 3, 2019 B. Statutory Planning Meeting held January 3, 2019 re Andries and Templeton Zoning By-Law Amendment Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Regular Meeting held January 3, 2019 and the Statutory Planning Meeting held January 3, 2019 re Andries and Templeton Zoning By-Law Amendment 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 A. Report BL-01/19 by Randy White, Fire Chief I By-Law Officer re Animal Rescue Facility Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report BL-01/19 re Animal Rescue Facility be received for information; AND THAT according to By-Law 2015-113, Section 5, the Council of the Municipality of Bayham authorizes Teresa Pressey to operate an approved Animal Rescue Facility at 54726 Calton Line, for up to three dogs at a time, for the year ending December 31, 2019; AND THAT the Animal Rescue Facility is exempt from the requirements to pay a licence fee for dogs in the facility for the purpose of rescue and adoption for the first year from the date such dog is harboured by or in the possession of the Rescue Facility. CARRIED 2019 Council Minutes January 17, 2019 B. Report PS-01/19 by Steve Adams, Road Operations Supervisor and Paul Shipway, CAO Clerk re RFP 18-02 Supply and Delivery of One (1) Crawler Dozer Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report PS-01/19 re RFP 18-02 Supply and Delivery of One (1) Crawler Dozer be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham award RFP 18-02 in the amount of$131,000+HST to Toromont CAT. CARRIED C. Report PS-02/19 by Steve Adams, Road Operations Supervisor and Paul Shipway, CAO Clerk re Capital Item No. PW-5 20 Ton Float Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report PS-02/19 re Capital Item No. PW-5 20 Ton Float be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham award Capital Item No. PW-5 20 Ton Float in the amount of$25,000+HST to Carrier Centers. CARRIED 10. DEVELOPMENT SERVICES —SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-02/19 by Bill Knifton, Chief Building Official I Drainage Superintendent re 4th Quarter Report Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-02/19 re the activities of the Building Services & Drainage Department for the fourth quarter of 2018 be received for information. CARRIED B. Report DS-05/19 by Bill Knifton, Chief Building Official I Drainage Superintendent re Branch 'B' of the Richmond Road Drain Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report DS-05/19 regarding the Branch 'B' of the Richmond Road Drain be received for information; 2019 Council Minutes January 17, 2019 AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #218135 dated January 2, 2019 for the Branch 'B' of the Richmond Road Drain, as prepared by Spriet Associates, and filed with the Clerk on January 7, 2019; AND THAT Council set a date for the Public Meeting to be held on February 7, 2019 at 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 C. Report DS-01/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning Application —Andries /Templeton Zoning By-Law Z681-2019 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Staff Report DS-01/19 regarding the Zoning By-law Amendment for Andries and Templeton 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 January 3, 2019 associated with this application, one verbal and no written submissions were 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 zoning from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-8) Zone for a period not to exceed three (3) years, ending January 17, 2022, on property identified as 5379 Clarke Road; AND THAT Zoning By-law Z681-2019 be presented to Council for enactment. CARRIED D. Report DS-04/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E92/18 Froese Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-04/19 regarding Consent application E92/18 Froese be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E92/18, submitted by Isaac and Maria Froese, be granted subject to the following conditions: 1. Reduce the lot area and straighten lot boundary lines of the severed parcel to retain more agricultural land as presented in the IBI Group Memorandum dated January 11, 2019 with Bayham Staff Report DS-04/19 2. Easement Agreement for use of the right-of-way (ROW) lands known as the Otter Valley Utility Corridor to establish legal access to Plank Road with the subject property owner covering all costs 2019 Council Minutes January 17, 2019 3. Part 3 of 11 R5278, being a portion of unopened public right of way, pursuant to Section 2.6 of Bayham By-law No. 2015-021, Sale & Disposition of Land By-law, be stopped up, closed and conveyed to abutting property owners as a title defect correction with the subject property owner(s) covering all costs 4. Rezoning of both the severed and retained parcels 5. Purchase of civic number sign from the municipality for the retained parcel's access on Maple Grove Line 6. Planning Report fee payable to the municipality 7. Digital Copy of the final survey provided to the municipality. CARRIED E. Report DS-06/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E1/19 Orchard Crest Farms Ltd. Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-06/19 regarding Consent application E1/19 Orchard Crest Farms Ltd. be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E1/19 be granted subject to the following conditions: 1. Rezoning of both the severed and retained parcels 2. Removal of the garage on the severed parcel and the barn on the retained parcel 3. Purchase of civic number sign from the municipality for the retained parcel 4. Planning Report fee payable to the municipality 5. Digital Copy of the final survey provided to the municipality CARRIED F. Report DS-07/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E2-5/19 Schafer, Barnard, Vansevenant Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DS-07/19 regarding the Consent Applications E2-5/19 submitted by Mathew Schafer, Christine Barnard and Kathy Schafer-Vansevenant be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E2-5/19 be granted subject to the following conditions: 1. Installation of individual private wells with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 2. Engineer design storm water management, drainage and grading plan 3. Purchase of civic number signs 4. Digital copy of the registered plan of survey 5. Cash in Lieu of Parkland Dedication fee for each lot 6. Planning Report fee payable to the Municipality. CARRIED 2019 Council Minutes January 17, 2019 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. County of Elgin draft minutes of meetings held December 11, 2018 and December 13, 2018 B. National Grants and Contributions Delivery Centre re Enabling Accessibility Fund - Capital Item FA-1 C. Long Point Region Conservation Authority Board of Directors minutes of meeting held November 19, 2018 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT correspondence items 11.1.1-A— 11.1.1-C be received for information. CARRIED 11.1.2 Requiring Action A. Municipality of Bayham Joint Cemetery Board re Advisory Board & Committee Resolution Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council of the Corporation of the Municipality of Bayham promotes the need for financial support from the public; AND THAT donations received be used by the Municipality of Bayham cemeteries for decoration days or as desired throughout 2019; AND THAT the Council of the Municipality of Bayham approve an annual insertion in the two local newspapers listing Municipal Cemetery decoration days. CARRIED 11.2 Reports to Council 12. BY-LAWS A. By-Law No. Z681-2019 Being a by-law to amend By-Law No. Z456-2003, as amended (This by-law follows the recommendation made in Report DS-01/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of January 17, 2019) B. By-Law 2019-007 Being a by-law to authorize the execution of a transfer of land C. By-Law 2019-008 Being a by-law to authorize the execution of a transfer of easement 2019 Council Minutes January 17, 2019 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT By-Law No. Z681-2019, 2019-007 and 2019-008 be read a first, second and third time and finally passed CARRIED 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS Council recessed for a short break at 7:55 p.m. and reconvened at 8:09 p.m. 14.1 In Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an "In Camera" Session at 8:09 p.m. to discuss: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; • 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. CARRIED A. Confidential Report regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Municipal Law Enforcement) B. 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 (Lease Agreement) 14.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council do now rise from the "In Camera" session at 8:42 p.m. with nothing to report. CARRIED 2019 Council Minutes January 17, 2019 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-009 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Confirming By-Law No. 2019-009 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:43 p.m. CARRIED MAYOR