HomeMy WebLinkAboutJuly 18, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, July 18, 2019
7:00 p.m.
7:30 p.m. — Public Meeting — Planning — Orchard Crest Farms Ltd.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS C. VALERIE DONNELL
DAN FROESE
ABSENT:
COUNCILLOR SUSAN CHILCOTT
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 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. Item 12-H By-Law No. 2019-066 to be replaced by amended By-Law No. 2019-066 at the
request of the County of Elgin
4. ANNOUNCEMENTS
A. Councillor Donnell reported on the interesting guided walking tour hosted by the Bayham
Historical Society on July 14, 2019.
B. Councillor Donnell advised the Edison Mystery Cruise hosted by the Bayham Historical
Society is scheduled for July 20, 2019.
5. DELEGATIONS
A. None.
2019 Council Minutes July 18, 2019
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held June 20, 2019
B. Committee of Adjustment held June 20, 2019 re 2210064 Ontario Inc. VanRoboys
C. Committee of Adjustment held June 20, 2019 re Murray
D. Statutory Planning Public Meeting held June 20, 2019 re Robert, Andrew and John Lama
12 Elizabeth Street
E. Statutory Planning Public Meeting held June 20, 2019 re 1841449 Ontario Inc. Pedro Dyck
7855 Plank Road
F. Statutory Planning Public Meeting held June 20, 2019 re 1841449 Ontario Inc. Pedro Dyck
6978 Plank Road
G. Statutory Planning Public Meeting held June 20, 2019 re Official Plan Amendment
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the minutes of the Regular Meeting held June 20, 2019, Committee of Adjustment
held June 20, 2019 re 2210064 Ontario Inc. VanRoboys, Committee of Adjustment held
June 20, 2019 re Murray, Statutory Planning Public Meeting held June 20, 2019 re Robert,
Andrew and John Lama 12 Elizabeth Street, Statutory Planning Public Meeting held June
20, 2019 re 1841449 Ontario Inc. Pedro Dyck 7855 Plank Road, Statutory Planning Public
Meeting held June 20, 2019 re 1841449 Ontario Inc. Pedro Dyck 6978 Plank Road and
Statutory Planning Public Meeting held June 20, 2019 re Official Plan 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
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10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Public Meeting re Orchard Crest Farms Ltd., 55957 Green Line Proposed Zoning
By-law Amendment
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT correspondence item 10.1.1-A be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-45/19 by Bill Knifton, Chief Building Officialprainage Superintendent re 2"d
Quarter Report
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT report DS-45/19 re the activities of the Building Services & Drainage Department for
the second quarter of 2019 be received for information.
CARRIED
B. Report DS-52/19 by Bill Knifton, Chief Building Officialprainage Superintendent re
Hildebrandt Drain Award Contract
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report DS-52/19 re Hildebrandt 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 Hildebrandt Drain, as submitted by Froese Excavating Ltd, in the amount of
$24,840.00+HST, with work to commence on or before August 1, 2019 and be completed on
or before August 15, 2019;
AND THAT By-Law 2019-065, being a by-law to authorize the execution of contract
documents with Froese Excavating Ltd. be presented to Council for enactment
CARRIED
C. Report DS-46/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator re
Development Agreement— Minor Variance —A-06/19 Murray, 57057 and 57083 Jackson
Line
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Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT the Development Agreement with Wm. Dan and Carolyn Murray in accordance with
Official Plan Section 2.1.10.1 with the Municipality of Bayham be executed;
AND THAT By-Law No. 2019-063 be presented for enactment.
CARRIED
D. Report DS-47/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re
Development Agreement— Minor Variance —A-05/19 2210064 Ontario Inc., 56998 and
57064 Heritage Line
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the Development Agreement with 2210064 Ontario Inc. in accordance with Official
Plan Section 2.1.10.1 with the Municipality of Bayham be executed;
AND THAT By-Law No. 2019-064 be presented for enactment.
CARRIED
E. Report DS-48/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning
Application — 1841449 Ontario Inc. (Dyck) Zoning By-Law No. Z687-2019
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Report DS-48/19 regarding 1841449 Ontario Inc. (Pedro Dyck) E16/19 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 June 20, 2019
associated with this application, there were no written submissions and no oral
presentations regarding this matter and that all considerations were taken into account in
Council's decision passing this resolution;
AND THAT Zoning By-Law No. Z456-2003, as amended, be further amended by changing
the zoning on the lands owned by 1841449 Ontario Inc. described as Concession 5 Part
Lot 15 from Agriculture (A1) to Special Agricultural (A2-15) on the retained lands and from
Agriculture (A1) to site-specific Rural Residential (RR-39) on the severed surplus farm
dwelling portion;
AND THAT Zoning By-Law No. Z687-2019 be presented to Council for enactment.
CARRIED
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2019 Council Minutes July 18, 2019
F. Report DS-49/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Rezoning
Application — 1841449 Ontario Inc. (Dyck) Zoning By-Law No. Z688-2019
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report DS-49/19 regarding 1841449 Ontario Inc (Pedro Dyck) E17/19 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 June 20, 2019
associated with this application, there were no written submissions and no oral
presentations regarding this matter and that all considerations were taken into account in
Council's decision passing this resolution;
AND THAT Zoning By-Law No. Z456-2003, as amended, be further amended by changing
the zoning on the lands owned by 1841449 Ontario Inc. described as Concession 4 Part
Lots 16 & 17 from Agriculture (A1) to Special Agricultural (A2-16) on the retained lands and
from Agriculture (A1) to site-specific Rural Residential (RR-40) on the severed surplus farm
dwelling portion;
AND THAT Zoning By-Law No. Z688-2019 be presented to Council for enactment.
CARRIED
G. Report DS-50/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Lama Zoning By-Law No. Z686-2019
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report DS-50/19 regarding Lama 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 June 20, 2019
associated with this application, there was one written submission received and one 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 No. Z456-2003, as amended, be further amended by changing
the zoning on the lands owned by Robert, Andy and John Lama described as Concession 1
Part Lot 13 from Mobile Home Park (MH) to Site-specific Mobile Home Park (MH-3);
AND THAT Zoning By-Law No. Z686-2019 be presented to Council for enactment.
CARRIED
H. Report DS-51/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re By-Law No.
2019-066 Community Improvement Plan Policies
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Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report DS-51/19 regarding the Elgincentives CIP Amendments be received for
information;
AND THAT By-Law No. 2019-066, being a By-law to designate the entirety of the
Municipality of Bayham as a Community Improvement Project Area and approve
Community Improvement Plan updated March 2019 be presented for enactment.
CARRIED
Council recessed for the public meeting at 7:30pm and reconvened at 7:39 p.m.
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. City of Hamilton re Proposed Public Health Changes in Ontario
B. City of St. Catharines re Free Menstrual Products at City Facilities
C. Township of Warwick re Enforcement for Safety on Family Farms
D. City of Brantford re Endorsement of LUMCO Resolution regarding Retail Cannabis Stores
E. Elgin Group Police Services Board re Provincial Appointees
F. Elgin County Minutes of meeting held June 11, 2019 and Draft Minutes of meeting held
June 25, 2019
G. AffordAbility Fund Trust re Affordable Energy for Ontarians
H. Hydro One Ombudsman re Hydro One Complaints
I. Long Point Region Conservation Authority Board of Directors minutes of meeting held June
5, 2019
J. Municipality of Bayham 2019 Capital Works Projects Notice
K. Municipality of Bayham Carson Line Temporary Road Closure
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT correspondence items 11.1.1-A— 11.1.1-K be received for information.
CARRIED
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2019 Council Minutes July 18, 2019
11.1.2 Requiring Action
A. Terry Woods, Kid In A Candy Store Request re candy booth
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT request from Terry Woods, Kid In A Candy Store be received for information.
CARRIED
11.2 Reports to Council
A. Report TR-12/19 by Lorne James, Treasurer re 2019 Q2 Variance Report
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT Report TR-12/19 re 2019 Q2 Variance Report be received for information.
CARRIED
B. Report CAO-41/19 by Paul Shipway, CAOICIerk re Capital Item No. WW-1 Wastewater
Treatment Plant Energy Upgrades
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report CAO-41/19 re Capital Item No. WW-1 Wastewater Treatment Plant Energy
Upgrades be received for information;
AND THAT staff be directed to proceed as outlined within Report CAO-41/19.
CARRIED
C. Report CAO-44/19 by Paul Shipway, CAOICIerk re Port Burwell Lighthouse
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report CAO-44/19 re Port Burwell Lighthouse be received for information;
AND THAT a copy of Report CAO-44/19 be provided to the Museums Bayham Committee
for informational purposes;
AND THAT Port Burwell Lighthouse capital renovations be referred to 2020 Capital budget
deliberations.
CARRIED
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12. BY-LAWS
A. By-Law No. 2019-046 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the Hildebrandt Drain (This by-law
follows the recommendation in Report DS-35/19 by Bill Knifton, Chief Building
OfficialIDrainage Superintendent during the Court of Revision of June 6, 2019) Third and
Final Reading
B. By-Law No. Z686-2019 Being a by-law to further amend By-Law No. Z456-2003 — Lama
(This by-law follows the recommendation in Report DS-50/19 by Margaret Underhill,
Deputy ClerkiPlanning Coordinator during the regular meeting of July 18, 2019)
C. By-Law No. Z687-2019 Being a by-law to further amend By-Law No. Z456-2003 —
1841449 Ontario Inc. (E16/19) (This by-law follows the recommendation in Report DS-
48/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting
of July 18, 2019)
D. By-Law No. Z688-2019 Being a by-law to further amend By-Law No. Z456-2003 —
18414449 Ontario Inc. (E17119) (This by-law follows the recommendation in Report DS-
49/19 by Margaret Underhill, Deputy Clerkplanning Coordinator during the regular meeting
of July 18, 2019)
E. By-Law No. 2019-063 Being a by-law to authorize the execution of a Development
Agreement between Wm. Dan & Carolyn Murray and the Corporation of the Municipality of
Bayham (This by-law follows the recommendation in Report DS-46/19 by Margaret
Underhill, Deputy ClerkiPlanning Coordinator at the regular meeting of July 18, 2019)
F. By-Law No. 2019-064 Being a by-law to authorize the execution of a Development
Agreement between 2210064 Ontario Inc. and the Corporation of the Municipality of
Bayham (This by-law follows the recommendation in Report DS-47/19 by Margaret
Underhill, Deputy ClerkIPlanning Coordinator at the regular meeting of July 18, 2019)
G. By-Law No. 2019-065 Being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and Froese Excavating Ltd. for the provision of
drainage works for the Hildebrandt 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-52/19 by Bill Knifton, Chief Building
OfficialIDrainage Superintendent during the regular meeting of July 18, 2019)
H. By-Law No. 2019-066 Being a by-law to designate the entirety of the Municipality of
Bayham as a Community Improvement Project Area and approve a Community
Improvement Plan (This by-law follows the recommendation in Report DS-51/19 by
Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of July
18, 2019)
I. By-Law No. 2019-067 Being a by-law to authorize the execution of an Intermunicipal
Agreement for joint ownership of Fire Communication Equipment between The Corporation
of the Municipality of Bayham, The Corporation of the Town of Aylmer, The Corporation of
the Municipality of Central Elgin, The Corporation of the Municipality of Dutton/Dunwich,
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2019 Council Minutes July 18, 2019
The Corporation of the Township of Malahide, The Corporation of the Township of
Southwold and The Corporation of the Municipality of West Elgin
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT By-Law No. 2019-046 be read a third time and finally passed;
THAT By-Laws No. Z686-2019, Z687-2019, Z688-2019, 2019-063, 2019-064, 2019-065,
2019-066, as amended and 2019-067 be read a first, second and third time and finally
passed.
CARRIED
13. UNFINISHED BUSINESS
A. None
14. OTHER BUSINESS
A. Mayor Ketchabaw discussed the mechanics and procedure for the CAOICIerk performance
review.
14.1 In Camera
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT the Council do now rise to enter into an "In Camera" Session at 8:20 p.m. to discuss:
• labour relations or employee negotiations;
• advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
• 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 labour relations or employee negotiations (CUPE
Negotiations)
B. Confidential Report regarding advice that is subject to solicitor-client privilege, including
communications necessary for that purpose (Drainage)
C. 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 (Road Use Agreement)
D. Confidential Report regarding advice that is subject to solicitor-client privilege, including
communications necessary for that purpose; a position, plan, procedure, criteria or
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2019 Council Minutes July 18, 2019
instruction to be applied to any negotiations carried on or to be carried on by or on behalf of
the municipality or local board (Municipal Law Enforcement)
14.2 Out of Camera
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT the Council do now rise from the "In Camera" session at 9:08 p.m. with nothing to
report.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law No. 2019-068 Being a by-law to confirm all actions of Council
Moved by: Councillor Weisler
Seconded by: Councillor Donnell
THAT Confirming By-Law No. 2019-068 be read a first, second and third time and finally
passed
CARRIED
16. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT the Council meeting be adjourned at 9:09 p.m.
CARRIED
MA R ter; "JP'
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