HomeMy WebLinkAboutAugust 15, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, August 15 2019
7:00 p.m.
7:30 p.m. — Public Meeting — Planning
A. Gingrich —5552 Godby Road
B. Grewal — Sandytown Road
C. Weber—7057 & 7059 Plank Road
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 CLERK I PLANNING COORDINATOR MARGARET UNDERHILL
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 PM
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
A. Councillor Froese announced the Police Services Board Community Safety &Well-
Being program is taking shape and moving forward.
B. Mayor Ketchabaw thanked the Otter Valley Naturalists who completed a clean-up and a
phragmites removal on the Port Burwell East Beach bioswales on July 9, 2019 and
again on August 9, 2019. These clean-up activities are in support of the Blue Flag
Beach designation and general betterment of the beach environment.
C. Mayor Ketchabaw announced a partnership with North Frontenac Telephone Elgin Corp.
to install fiber optic internet connectivity in the Municipality of Bayham.
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT By-Law No. 2019-070 and 2019-071 be read a first, second and third time and finally
passed.
CARRIED
2019 Council Minutes August 15, 2019
Council recessed at 7:06 PM for a photo opportunity with North Frontenac Telephone Elgin
Corp. and reconvened at 7:13 PM.
5. DELEGATIONS
A. John Stewart &Alyssa Cousineau,ALUS Elgin re ALUS Elgin Overview and Fourth Annual
ALUS Elgin Environmental Stewardship Tour
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the presentation from John Stewart &Alyssa Cousineau, ALUS Elgin be received for
information.
CARRIED
B. Chuck Buchanan, Port Burwell Historical Society, Wheelhouse Committee re Funding
Request
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT the presentation from Chuck Buchanan, Port Burwell Historical Society, Wheelhouse
Committee be received for information;
AND THAT the request of the Port Burwell Historical Society be referred to 2020 Capital
Budget deliberations.
CARRIED
Council recessed at 7:38 PM for the public meeting and reconvened at 7:47 PM
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held July 18, 2019
B. Statutory Public Planning Meeting held July 18, 2019 re Orchard Crest Farms Ltd.
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT the minutes of the Regular Meeting held July 18, 2019 and the Statutory Planning
Meeting held July 18, 2019 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
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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
A. Municipality of Bayham Water Financial Plan
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Municipality of Bayham's Water Financial Plan prepared by Watson &Associates
Economists Ltd. dated August 1, 2019 be approved;
AND THAT notice of availability of the Financial Plan be advertised and posted on the
Municipal Website;
AND THAT the Financial Plan dated August 1, 2019 be submitted to the Ministry of
Municipal Affairs and Housing (O.Reg. 453/07, Section 3(1)6);
AND THAT the resolution of Council approving the Financial Plan be submitted to the
Ministry of Environment, Conservation & Parks, satisfying the requirements under the Safe
Drinking Water Act. (S.D.W.A. Section 32(5)2ii.).
CARRIED
9.2 Reports to Council
10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Passing of Zoning By-Law No. Z686-2019 — Lama
B. Notice of Passing of Zoning By-Law No. Z687-2019 — 1841449 Ontario Inc.
C. Notice of Passing of Zoning By-Law No. Z688-2019 — 1841449 Ontario Inc.
D. Notice of Public Meeting re Zoning By-Law Amendment— Gingrich, 5552 Godby Road
E. Notice of Public Meeting re Intent to Pass an Amending By-Law to Remove a Holding
Symbol - Grewal
F. Notice of Public Meeting re Proposed Zoning By-Law Amendment—Weber, 7057 & 7059
Plank Road
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Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT correspondence items 10.1.1-A— 10.1.1-F be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-53/19 by Margaret Underhill, Deputy Clerkplanning Coordinator re Rezoning
Application — Orchard Crest Farms Zoning By-Law No. Z689-2019
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report DS-53/19 regarding Orchard Crest Farms Ltd. 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 July 18, 2019
associated with this application, there were no written submissions and two 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 Z456-2003, as amended, be further amended by changing the
zoning on the lands owned by Orchard Crest Farms Ltd. described as Concession 10 Part
Lots 13 & 14 from Agriculture (A1) to Special Agricultural (A2-17) on the retained lands and
from Agriculture (A1) to Rural Residential (RR) on the severed surplus farm dwelling
portion;
AND THAT Zoning By-law Z689-2019 be presented to Council for enactment.
CARRIED
B. Report DS-54/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Subdivision
Agreement and Rezoning to Remove Holding —Grewal By-Law No. 2019-069 & Zoning By-
Law No. Z690-2019
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report DS-54/19 regarding the Subdivision Agreement and an application for
Rezoning to Remove the Holding 2 Provision submitted by Nariender Grewal be received for
information;
AND THAT By-law 2019-069 being a By-law to authorize a subdivision agreement between
Nariender Grewal and the Municipality of Bayham be presented for enactment;
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 August 15, 2019
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associated with the rezoning application, there were no written or oral 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 the lands owned by Nariender Grewal described as Parts 2-5 on Registered Plan
11R-10449 from Village Residential — Holding 2 [R1(h2)] to Village Residential (R1);
AND THAT Zoning By-law Z690-2019 be presented to Council for enactment.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Ministry of Infrastructure re ICIP Rural and Northern Funding Stream Important Information
B. Ministry of Municipal Affairs and Housing re Provincial Policy Statement Review— Draft
Policies
C. City of Stratford re Opposition to Changes in 2019 Provincial Budget and Planning Act
D. Municipality of McDougall resolution in support of Township of Warwick resolution re
Enforcement for Safety on Family Farms
E. Township of McKellar re Municipal Amalgamation
F. Town of Halton Hills resolution re Reducing Litter and Waste in Our Communities
G. Elgin County Council Draft Minutes of meeting held July 9, 2019
H. Municipality of Bayham August 2019 Newsletter
I. Municipality of Bayham Notice re Proposed Closure of a Highway —Otter Street (also
known as Valley Lane)
J. Notice re Fred Bodsworth Public Library Grand Reopening
K. Notice re Port Burwell Marine Museum & Lighthouse Display at Queen's Park Toronto
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT correspondence items 11.1.1-A— 11.1.1-K be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham support the
Municipality of McDougall resolution in support of Township of Warwick resolution re
Enforcement for Safety on Family Farms;
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AND THAT the Council of the Municipality of Bayham support the Township of McKellar
resolution re Municipal Amalgamation;
AND THAT staff be directed to submit comments to the Provincial Policy Statement Review
as follows:
• Reduce the administrative and reporting burden associated studies with the Species
at Risk process and agricultural properties;
• Consider Source Water Protection outside of the Official Plan and Zoning By-law
process similar to the Minimum Distance Separation (MDS) formula;
• Remove the prohibition of accessary dwellings on retained lands for farm
consolidation surplus farm dwelling severances;
• Reduce the minimum farm size of 40 hectares, which is large for intensified farming;
• Consider permitting severance of rural residential building lots from agricultural
properties consisting of low quality soil types (non-prime agricultural areas) and/or
un-workable isolated parcels separated from the primary farm by ravine/gully.
CARRIED
11.1.2 Requiring Action
A. Bob & Sue Drayson request re Fence By-law
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT correspondence from Bob & Sue Drayson re Fence By-law be received for
information.
CARRIED
B. Elgin County re new exterior signage for Fred Bodsworth Public Library of Port Burwell
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT correspondence from Elgin County Director of Community & Cultural Services re
New Exterior Signage for Fred Bodsworth Public Library of Port Burwell be received for
information;
AND THAT the Council of the Corporation of the Municipality of Bayham approve the
design concept and schematic drawing for new exterior signage for Fred Bodsworth Public
Library of Port Burwell
CARRIED
C. Lighthouse Gospel Church request to use the Memorial Park in Port Burwell
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
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THAT correspondence from Lighthouse Gospel Church be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham grants permission
for the Lighthouse Gospel Church to non-exclusively use the Memorial Park in Port Burwell
for an event on Saturday, August 31, 2019 from 2:00 p.m. —5:00 p.m., subject to provision
of liability insurance certificate in the minimum amount of$2,000,000.00 naming the
Municipality of Bayham as additional insured;
AND THAT food vendors, if any, be approved by Southwestern Public Health;
AND THAT the cleanup of the park area be the responsibility of the organizers.
CARRIED
11.2 Reports to Council
A. Report CAO-45/19 by Paul Shipway, CAOICIerk re Water St.—Vienna
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report CAO-45/19 re Water St. - Vienna be referred to the 2020 Operating Budget
for Council consideration.
CARRIED
Council recessed for a short break at 8:28 PM and reconvened at 8:31 PM
B. Report CAO-46/19 by Paul Shipway, CAOICIerk re Rural Economic Development (Red)
Program
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT Report CAO-46/19 re Rural Economic Development (Red) be received for
information;
AND THAT staff be directed to make application for Capital Item PR-05, Quality of Place
Initiatives for a Community Wide Banner Program.
CARRIED
C. Report CAO-48/19 by Paul Shipway, CAOICIerk re Municipal Sale & Disposition of Land
By-law— Road Allowances
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report CAO-48/19 re Municipal Sale & Disposition of Land By-law— Road
Allowances be received for information;
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AND THAT staff be directed to Stop Up, Close and Convey portions of Dennis Road and
Woodworth Road pursuant to the Municipal Sale & Disposition of Land By-law as outlined
within Report CAO-48/19
CARRIED
12. BY-LAWS
A. By-Law No. Z689-2019 Being a by-law to further amend By-Law No. Z456-2003 —
Orchard Crest Farms Ltd. (This by-law follows the recommendation in Report DS-53/19 by
Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of
August 15, 2019)
B. By-Law No. Z690-2019 Being a by-law to further amend By-Law No. Z456-2003 —
Grewal (This by-law follows the recommendation in Report DS-54/19 by Margaret
Underhill, Deputy ClerkjPlanning Coordinator during the regular meeting of August 15,
2019)
C. By-Law No. 2019-069 Being a by-law to authorize the execution of a subdivision
agreement between Nariender Singh Grewal and the Corporation of the Municipality of
Bayham, to provide for the development of four severed lots on Sandytown Road, Village of
Straffordville, Municipality of Bayham (This by-law follows the recommendation in Report
DS-54/19 by Margaret Underhill, Deputy Clerkplanning Coordinator during the regular
meeting of August 15, 2019)
D. By-Law No. 2019-070 Being a by-law to authorize the execution of a land licence
agreement between the Municipality of Bayham and North Frontenac Telephone Elgin
Corp.
E. By-Law No. 2019-071 Being a by-law to authorize the execution of a municipal access
agreement between the Municipality of Bayham and North Frontenac Telephone Elgin
Corp.
F. By-Law No. 2019-072 Being a by-law to repeal By-Law No. 2015-093 (Agreement No.
0554) a by-law to authorize the execution of an agreement between the Municipality of
Bayham and Can Sweep for the provision of Roadside Grass Cutting Services
G. By-Law No. 2019-073 Being a by-law to amend By-Law No. 2018-095 (Agreement No.
0677) a by-law to authorize the execution of an agreement between the Municipality of
Bayham and Underhill Trucking Ltd. for various works associated with construction and
operational maintenance activities
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT By-Law No. Z689-2019, Z690-2019, 2019-069, 2019-072 and 2019-073 be read a
first, second and third time and finally passed.
CARRIED
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13. UNFINISHED BUSINESS
A. Deputy Mayor Weisler reminded everyone of Watermelon Fest on Saturday, August 24.
14. OTHER BUSINESS
A. Ms. Bev Howes request for signage at the corner of Calton Line & Plank Road to identify
the location as Froggett's Corner
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT request for signage at the corner of Calton Line & Plank Road to identify the location
as Froggett's Corner be received for information.
CARRIED
B. Ms. Cheryl Wardle request for increased grass cutting frequency at the Richmond
Community Park
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT request for increased grass cutting frequency at the Richmond Community Park be
received for information.
CARRIED
C. Municipal Drainage Process
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT information re Municipal Drainage Process be received for information;
AND THAT staff be directed to proceed with a streamlined Municipal Drainage process.
CARRIED
14.1 In Camera
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT the Council do now rise to enter into an "In Camera" Session at 9:12 PM to discuss:
• 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
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A. Confidential Report regarding advise 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 (Municipal Drainage)
14.2 Out of Camera
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the Council do now rise from the "In Camera" session at 9:24 PM with nothing to
report.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law No. 2019-074 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Confirming By-Law No. 2019-074 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 9:24 PM
CARRIED
MA OR
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