HomeMy WebLinkAboutOctober 03, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, October 3, 2019
7:00 p.m.
7:30 p.m. — Public Meeting — Planning
A. John Fehr, 54303 Eden Line
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS DAN FROESE
SUSAN CHILCOTT
ABSENT:
COUNCILLOR C. VALERIE DONNELL
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 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Chilcott is the Vice President of the Bayham Historical Society. Councillor Chilcott
vacated the Council Chambers and did not take part in the In Camera session.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
A. Report CAO-59/19 by Paul Shipway, CAOICIerk re Investing in Canada Infrastructure
Program (ICIP) — Community Culture & Recreation Stream —Straffordville Community
Centre Community Hub added as Item 11.2-A
B. Confidential Item regarding a proposed or pending acquisition or disposition of land by 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 added as Item 14.1-A
4. ANNOUNCEMENTS
A. Mayor Ketchabaw announced October 6 — 12, 2019 is Fire Prevention Week and
Bayham Fire and Emergency Services will be hosting Open Houses. Straffordville Fire
Station Open House is Tuesday, October 8, 2019 at 7:00 p.m. and Port Burwell Fire
Station Open House is Wednesday, October 9, 2019 from 5:30 p.m. — 8:00 p.m.
2019 Council Minutes October 3, 2019
5. DELEGATIONS
A. Tri-County Travellers re Bayham Campground Proposal for Straffordville Park
Lew Acre, John Scott and Paul McQuiggan of the Tri-County Travellers presented
information regarding a campground proposal for Straffordville Park and answered
questions from Council.
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the presentation from the Tri-County Travellers re Bayham Campground Proposal
for Straffordville Park be referred to staff to prepare a report outlining implementation
considerations for Council review.
CARRIED
Council recessed for the Public Meeting at 7:32 p.m. and reconvened at 7:37 p.m.
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held September 19, 2019
B. Statutory Planning Meeting held September 19, 2019
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT the minutes of the Regular Meeting held September 19, 2019 and the Statutory
Planning Meeting held September 19, 2019 be adopted.
CARRIED
7. MOTIONS AND NOTICE OF MOTION
A. Elgin County Land Division Request for Reconsideration
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
WHEREAS on September 11, 2018 the Elgin County Council considered a report from
Michael Plant, Director of Engineering Services and Steve Evans, Manager of Planning re
Land Severances — Unsolicited Conveyance of Lands;
AND WHEREAS on September 11, 2018 the County of Elgin established a policy that the
County of Elgin not accept unsolicited lands to accommodate Land Division Consent
applications that have otherwise not been previously requested or required by the County;
AND WHEREAS the Municipality of Bayham has subsequently been approached by Land
Division applicants requesting reconsideration of the September 11, 2018 County of Elgin
Policy to facilitate lot addition activities;
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AND WHEREAS lot addition, the process of a landowner selling or transferring and
merging a part of land to an abutting parcel resulting in an increase in size to the abutting
landowners lot, is a form of rural economic development and conforms to the Elgin County
and Bayham Official Plans.
AND WHEREAS the Planning Act, R.S.O. 1990, c. P.13 also provides a mechanism for
planning approval authorities to grant approval for subsequent conveyances of the same
parcel, which is normally exercised for lot additions, since the suitability of the lot to be
conveyed as a standalone parcel (not to be added to an abutting lot) would not have been
reviewed;
AND WHEREAS the County of Oxford, and Norfolk County both accept and retain 1' X 1'
conveyances on County Roads to facilitate lot additions to promote development with the
administrative costs of the transaction funded by the applicant;
AND WHEREAS the acceptance of 1' X 1' conveyances to facilitate lot additions is the
most cost effective and least burdensome process to grant lot additions, to both the
Municipality and the applicant;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the
Municipality of Bayham respectfully request Elgin County Council to reconsider its policy of
September 11, 2018 re Land Severances — Unsolicited Conveyance of Lands to facilitate
rural economic development.
CARRIED
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 Third Public Meeting re Proposed Zoning By-law Amendment—John Fehr, 54303
Eden Line
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B. Notice of Public Meeting re Proposed Official Plan Amendment—Antonia Van Leeuwen
and Best Line Farms Ltd., 54728 & 54744 Best Line
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT correspondence items 10.1.1-A— 10.1.1-B be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-59/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent
Applications E66-69/19 Resubmission of Applications E2-5/19 Schafer, Barnard,
Vansevenant
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report DS-59/19 regarding the Consent Applications E66-69/19 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 E66-69/19 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
B. Report DS-60/19 by Margaret Underhill, Deputy Clerkplanning Coordinator re Consent
Application E57/18 Chad Underhill Farms Limited
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Staff Report DS-60/19 regarding the Consent Application E57/18 submitted by
Chad Underhill Farms Limited be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E57/18 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
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3. Letter of Undertaking providing for the merger on title of the severed 1.132 ha parcel
with the adjacent northerly parcel as per the consent application
CARRIED
C. Report DS-61/19 by Margaret Underhill, Deputy Clerk'Planning Coordinator and Paul
Shipway, CAOICIerk re Consent Application E58/18 Dennis
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Staff Report DS-61/19 regarding the Consent Application E58/18 submitted by
Douglas Dennis be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E58/18 be granted subject to the following conditions:
1. As per the Municipal Sale and Disposition of Land By-law, an agreement between
the Municipality and Chad Underhill for the purchase of the road allowance and
bridge "as is where is" at the southerly end of Dennis Road including that parcel of
land south of the bridge connecting to the requested easement located in
Concession 3 between North Part Lots 6 and 7 including the Municipality retaining a
catch basin servicing easement
2. Conveyance of land from Chad Underhill to the municipality for the required
turnaround north of 7135 Dennis Road
3. Planning report fee payable to the municipality
4. Copy of the final survey (digital) provided to the municipality
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Ministry of Natural Resources and Forestry re Proposed Changes to the Aggregate
Resources Act
B. Ministry of Municipal Affairs and Housing re Building Code Services Transformation
C. Municipality of Chatham-Kent resolution re Provincial Funding Cuts to Legal Aid Ontario
D. Town of Newmarket re More Homes, More Choice Act, 2019— Bill 108 Proposed
Regulations
E. Municipality of Mississippi Mills re Reducing Litter&Waste in Our Communities
F. Municipality of Dutton Dunwich re support of the Terms of Reference for the Elgin-Aylmer-
St. Thomas Community Safety and Well-Being Planning Advisory Committee and
Coordinating Committee
G. Township of Springwater re Joint and Several Liability Consultation
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H. South Central Ontario Region Economic Development Corporation (SCOR) re 2019 AMO
Conference
I. County of Elgin City-County Minutes of meeting held September 17, 2019
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT correspondence items 11.1.1-A— 11.1.1-I be received for information.
CARRIED
11.1.2 Requiring Action
A. County of Elgin re Lake Erie Source Water Protection Committee Appointment— Request
for Support
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT correspondence from the County of Elgin re Lake Erie Source Water Protection
Committee Appointment— Request for Support be received for information.
CARRIED
11.2 Reports to Council
A. Report CAO-59/19 by Paul Shipway, CAOICIerk re Investing in Canada Infrastructure
Program (ICIP) —Community Culture & Recreation Stream —Straffordville Community
Centre Community Hub
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Report CAO-59/19 re Investing in Canada Infrastructure Program (ICIP) —
Community Culture & Recreation Stream — Straffordville Community Centre Community
Hub be received for information;
AND THAT Council direct staff to make application to the Investing in Canada
Infrastructure Program (ICIP) - Community Culture & Recreation Stream grant for the
following:
Item No. 1B
Item No. 2
Item No. 4
Item No. 5
Item No. 6
Item No. 7
Item No. 7 —Accessible Trail
CARRIED
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12. BY-LAWS
A. By-Law No. 2019-081 Being a by-law to authorize the execution of a transfer of lands
and to declare lands in the Municipality of Bayham as part of the open public highway
system (Clarke Road)
B. By-Law No. 2019-082 Being a by-law to authorize the execution of a tax arrears
extension agreement pursuant to Section 378 of the Municipal Act, 2001
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT By-Law No. 2019-081 and 2019-082 be read a first, second and third time and finally
passed.
CARRIED
13. UNFINISHED BUSINESS
Council recessed for a short break at 8:47 p.m. and reconvened at 8:59 p.m.
14. OTHER BUSINESS
Councillor Chilcott is the Vice President of the Bayham Historical Society. Councillor
Chilcott vacated the Council Chambers and did not take part in the In Camera session.
14.1 In Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT the Council do now rise to enter into an "In Camera" Session at 8:59 p.m. to discuss:
• a proposed or pending acquisition or disposition of land by 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 Item regarding a proposed or pending acquisition or disposition of land by 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 (Bayham Historical Society)
14.2 Out of Camera
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT the Council do now rise from the "In Camera" session at 9:44 p.m. with nothing to
report.
CARRIED
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15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law No. 2019-083 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Confirming By-Law No. 2019-083 be read a first, second and third time and finally
passed
CARRIED
16. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 9:47 p.m.
CARRIED
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