HomeMy WebLinkAboutMarch 07, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, March 7, 2019
7:00 p.m.
7:30 p.m. — Public Meeting - Municipality of Bayham Building By-Law
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS C. VALERIE DONNELL
DAN FROESE
SUSAN CHILCOTT
STAFF PRESENT:
DEPUTY CLERK BRENDA GIBBONS
DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL
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. County of Elgin Notice of Decision re Approval of Official Plan Amendment No. 23 Five
Year Review to the Municipality of Bayham Official Plan added as Item 10.1.1-C
4. ANNOUNCEMENTS
A. Councillor Donnell advised Long Point Region Conservation Authority has issued a Flood
Outlook for all areas of the Lake Erie Shoreline within its jurisdiction.
B. Councillor Chilcott commented on the Fire Fighter Appreciation event held Friday, March 1,
2019 commending Fire Fighters for long term service.
5. DELEGATIONS
None
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held February 21, 2019
2019 Council Minutes March 7, 2019
B. Statutory Planning Meeting held February 21, 2019 re Municipality of Bayham —Cannabis
Policies
C. Statutory Planning Meeting held February 21, 2019 re Ed Nichols 53834 Vienna Line
D. Court of Revision held February 21, 2019 re Branch `B' of the Richmond Road Drain
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the minutes of the Regular Meeting held February 21, 2019, Statutory Planning
Meeting held February 21, 2019 re Cannabis Policies, Statutory Planning Meeting held
February 21, 2019 re Ed Nichols 53834 Vienna Line and the Court of Revision held
February 21, 2019 re Branch `B' of the Richmond Road Drain 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 Municipality of Bayham Building By-Law
B. Notice of Passing of Zoning By-Law No. Z682-2019 re Bridgeman
C. County of Elgin Notice of Decision re Approval of Official Plan Amendment No. 23 Five
Year Review to the Municipality of Bayham Official Plan
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Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT correspondence items 10.1.1-A— 10.1.1-C be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-14/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent
Application E92/18 Froese— as amended Feb 7/19
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Report DS-14/19 regarding Consent application E92/18 Froese, as amended
February 7, 2019, be received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that
amended Consent Application E92/18, be granted subject to the following conditions:
1. 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
2. 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
3. Rezoning of both the severed and retained parcels
4. Purchase of a civic number sign from the municipality for the retained parcel's
access on Maple Grove Line
5. Planning Report fee payable to the municipality
6. Digital Copy of the final survey provided to the municipality.
CARRIED
B. Report DS-15/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent
Application E14/19 Borm Agriculture Inc.
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Staff Report DS-15/19 regarding the Consent Application E14/19 submitted by Borm
Agriculture Inc. be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E14/19 be granted subject to the following conditions:
1. Rezoning of the adjacent industrial lands and lot addition lands to a revised site-
specific Rural Industrial (M2-8) Zone in order to recognize the land use and the
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reduced north property line setback
2. Site Plan Agreement for the entire industrial lands including the lot addition,
incorporating the build out for the future buildings
3. Storm water management, drainage (Mutual Drain Agreement or municipal drain, as
required) and grading plan designed by a qualified engineer
4. Planning report fee payable to the municipality
5. Digital copy of the final survey 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
C. Report DS-16/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent
Application E16/19 1841449 Ontario Inc. (Pedro Dyck)
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report DS-16/19 regarding Consent Application E16/19 1841449 Ontario Inc. be
received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E16/19 be amended:
To Realign the lot to conform to the minimum lot area of 0.4 ha by extending the
severed lot south and/or west; constructing a new private lane north or south of the
severed lot for farm building access; and inclusion of a potable water supply meeting
provincial standards;
And granted with the following conditions:
1. Rezoning of both the severed and retained parcels
2. Removal of the former dwelling (bunkhouse)
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
D. Report DS-17/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent
Application E17/19 1841449 Ontario Inc. (Pedro Dyck)
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report DS-17/19 regarding Consent Application E17/19 1841449 Ontario Inc. be
received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E17/19 be amended:
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1. To realign the severed parcel to conform to the minimum lot area of 0.4 ha required
for the Rural Residential (RR) zone by extending the easterly lot line further east
And granted subject to the following conditions:
2. Rezoning of both the severed and retained parcels
3. Purchase of civic number sign from the municipality for the retained parcel
4. Confirm County Road 19 access to the retained farm containing a barn and
supplementary farm dwelling (mobile home)
5. Planning Report fee payable to the municipality
6. Digital Copy of the final survey provided to the municipality
CARRIED
Council recessed for the Public Meeting at 7:30 p.m. and reconvened at 7:32 p.m.
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Notice of Sale of Surplus Equipment
B. Notice of 2019 Capital Works Projects
C. Ontario Energy Board Notice to Customers of Enbridge Gas Inc.
D. Food Handler Certification Program Notice
E. RFT 19-04 Port Burwell Pavilion Notice
F. Bayham Historical Society Letter of Thanks
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT correspondence items 11.1.1-A— 11.1.1- F be received for information.
CARRIED
11.1.2 Requiring Action
A. Port Burwell Historical Society request to hold yard sale on the Port Burwell Marine
Museum grounds
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
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THAT request from Port Burwell Historical Society be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham approves the
request from Port Burwell Historical Society to hold a yard sale on the grounds of the Port
Burwell Marine Museum on Saturday. May 18, 2019 from approximately 8:00 am — 2:00 pm
with setup to occur the afternoon and evening of Friday, May 17, 2019 subject to proof of
liability insurance coverage in the amount of$2 million naming the Municipality of Bayham
as additional insured;
AND THAT clean-up of all areas and any costs thereof, be the responsibility of the
organizers.
CARRIED
B. Julie Gonyou, Chief Administrative Officer, County of Elgin re voting at the upcoming
SWIFT Annual Meeting
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT correspondence from Julie Gonyou, Chief Administrative Officer County of Elgin re
voting at the upcoming SWIFT Annual Meeting be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham chooses Option 1,
vote in-person;
AND THAT Deputy Mayor Weisler attend the SWIFT AGM to vote on behalf of the
Municipality of Bayham.
CARRIED
11.2 Reports to Council
12. BY-LAWS
A. By-Law No. 2019-017 Being a by-law to appoint advisory board and committee members
(This by-law follows the recommendation in Report CA0-77/18 by Paul Shipway,
CAOICIerk during the regular meeting of December 6, 2018 and Report CAO-10/19 by Paul
Shipway, CAOICIerk during the regular meeting of February 21, 2019)
B. By-Law No. 2019-018 Being a by-law to adopt a dust suppression policy (This by-law
follows the recommendation in Report CA0-17/19 by Paul Shipway, CAOIClerk during the
regular meeting of February 21, 2019)
C. By-Law No. 2019-019 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Pollard Distribution Inc. for the
supply and application of liquid solutions for use in dust control and road stabilization in the
Municipality of Bayham (This by-law follows the recommendation in Report CAO-17/19 by
Paul Shipway, CAOICIerk during the regular meeting held February 21, 2019)
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D. By-Law No. 2019-020 Being a by-law to authorize the execution of an agreement
between The Corporation of the Municipality of Bayham and MEU Consulting to provide
services for the enforcement of by-laws and provincial offences (This by-law follows the
recommendation in Report CAO-18/19 during the regular meeting held February 21, 2019)
E. By-Law No. 2019-021 Being a by-law to amend By-Law No. 2017-021, being a by-law for
the provision of recycling and waste collection and to prohibit the depositing of refuse or
debris on lands within the Municipality of Bayham without the consent of the property owner
or occupant of the land (This by-law follows the resolution for Item 14-A during the regular
meeting held February 21, 2019)
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT By-Law No. 2019-017, 2019-018, 2019-019 and 2019-020 be read a first, second
and third time and finally passed;
AND THAT By-Law No. 2019-021 be deferred pending further information in the form of a
Report to Council.
CARRIED
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
14.1 In Camera
14.2 Out of Camera
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law No. 2019-022 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Confirming By-Law No. 2019-022 be read a first, second and third time and finally
passed
CARRIED
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16. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT the Council meeting be adjourned at 8:03 p.m.
CARRIED
MAYOR
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