HomeMy WebLinkAboutOctober 17, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, October 17, 2019
7:00 p.m.
7:30 p.m. — Public Meeting — Planning
A. Antonia Van Leeuwen and Best Line Farms Ltd.
8:00 p.m. — Public Meeting — Drainage
A. Chalk Municipal Drain
B. Vienna Line Municipal Drain
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
CHIEF BUILDING OFFICIAL'
DRAINAGE SUPERINTENDENT BILL KNIFTON
TREASURER LORNE JAMES
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. By-Law No. 2019-090, being a by-law to authorize the execution of a transfer of lands and
to correct a defect in title added as Item 12-G
4. ANNOUNCEMENTS
A. Ontario Trillium Fund — Port Burwell Pavilion
Mr. Peter Fleming, Ontario Trillium Foundation, Grant Review Team provided comments
regarding the Ontario Trillium Foundation grant which assisted with the construction of the
new Port Burwell Pavilion then presented the Ontario Trillium Foundation plaque to the
Municipality. Comments from MPP Jeff Yurek were read by the CAOICIerk. Mayor
Ketchabaw and Deputy Mayor Weisler made statements of appreciation.
B. Mayor Ketchabaw advised the Armistice Day Service will be held at Memorial Park in
Vienna November 10, 2019 at 11:00 a.m. The Armistice Day Parade will be held in Port
Burwell November 10, 2019 at 1:30 followed by a service at the Cenotaph.
2019 Council Minutes October 17, 2019
5. DELEGATIONS
None.
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Budget Meeting held October 1, 2019 re 2020 —2029 Capital Budget
B. Regular Meeting held October 3, 2019
C. Statutory Planning Meeting held October 3, 2019 re John Fehr— 54303 Eden Line
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the minutes of the Budget Meeting held October 1, 2019, Regular Meeting held
October 3, 2019, and the Statutory Planning Meeting held October 3, 2019 re John Fehr
54303 Eden Line 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 Proposed Official Plan Amendment—Antonia Van Leeuwen
and Best Line Farms Ltd., 54728 & 55744 Best Line
B. Notice of Public Meeting re Proposed Drainage Works for the Chalk Drain
C. Notice of Public Meeting re Proposed Drainage Works for the Vienna Line Drain
2
2019 Council Minutes October 17, 2019
Moved by: Councillor Chiicott
Seconded by: Councillor Froese
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-64/19 by Bill Knifton, Chief Building OfficiallDrainage Superintendent re 3rd
Quarter Report
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Staff Report DS-64/19 re the activities of the Building Services & Drainage
Department be received for information.
CARRIED
B. Report DS-65/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E60/19 Emerson
Dave Roe, agent for the applicant spoke from the floor stating the applicant's desire is to
retain the outbuildings with the dwelling so the farm could potentially be sold without the
buildings.
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Staff Report DS-65/19 regarding Consent application E60/19 Emerson be received
for information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E60/19, submitted by Dorothy Emerson be granted
subject to the following considerations and conditions:
1. Application be amended to reduce the parcel size to include the stucco garage
and dwelling only, whereby meeting the intent of the Provincial Policy Statement
and the Official Plan lot creation policies limiting lot size to no larger than
necessary to support private sanitary sewage treatment and disposal systems
and a potable water supply
2. Rezoning to Remove the Holding (h2) Zone Provision on the severed parcel
3. Road Access Permit, where necessary, from the Municipality for access to the
retained lands
4. Parkland dedication fee payable to the municipality
5. Planning report fee payable to the municipality
6. Digital Copy of the final survey
7. Civic number sign purchased for the retained lands
CARRIED
3
2019 Council Minutes October 17, 2019
C. Report DS-66/19 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent
Application E75/19 Reimer
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Staff Report DS-66/19 regarding Consent application E75/19 Reimer be received for
information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E75/19, submitted by Isaac Michael and Annie Reimer
be granted subject to the following considerations and conditions:
1. Install a water service connection from the water main to the proposed severed
parcel at the Owners' expense
2. Confirmation of the retained dwelling's disconnection to the well located on the
severed parcel and connection to the municipal water system
3. Rezoning of the retained lands
4. Municipal Lot Assessment for soil testing
5. Engineered storm water management, drainage and grading plan
6. Parkland dedication fee payable to the municipality
7. Planning report fee payable to the municipality
8. Digital Copy of the final survey
9. Civic number sign purchased for the created parcel
CARRIED
Council recessed for the Statutory Public Meeting at 7:30 p.m. and reconvened at 7:44 p.m.
D. Report DS-67/19 by Margaret Underhill, Deputy ClerkIPlanning Coordinator re Rezoning
Application — Fehr Zoning By-Law No. Z693-2019
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Staff Report DS-67/19 regarding the Zoning By-law Amendment for John Fehr 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 first public participation meeting
associated with this application held November 1, 2018, no verbal and one written
submission was received; at the second public participation meeting held December 20,
2019, no verbal and one written submission was received; and at the third public
participation meeting held October 3, 2019, no 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 Hamlet Residential (HR) to site-specific Hamlet Residential (HR-9) on property
identified as 54303 Eden Line, North Hall to permit the water extraction and delivery
business;
4
2019 Council Minutes October 17, 2019
AND THAT Zoning By-law Z693-2019 be presented to Council for enactment;
CARRIED
E. Report DS-68/19 by Margaret Underhill, Deputy Clerk'Planning Coordinator re Consent
Application E61/19 Emerson
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Staff Report DS-68/19 regarding Consent application E61/19 Emerson be received for
information;
AND THAT Council recommend to the Elgin County Land Division Committee that in
regards to the Consent Application E61/19 submitted by Dorothy Emerson, the Committee
consider the following:
1. The proposal to sever the 1.92 ha parcel be deferred as it does not meet the
intent of the PPS 2014, Elgin County Official Plan and Municipality of Bayham
Official Plan and is considered to be premature at this time to sever the land
zoned with a Holding Provision that requires a Plan of Subdivision.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. City of Hamilton re consumer packaging on single-use wipes to remove the word flushable
B. Town of the Blue Mountains re Integrity Commission Matters
C. City of St. Catharines re Menstrual Products in City Facilities
D. County of Elgin minutes of meeting held September 24, 2019
E. Long Point Region Conservation Authority Board of Directors minutes of meeting held
September 4, 2019
F. Nature at the Beach Photo Contest Winners
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT correspondence items 11.1.1-A— 11.1.1-F be received for information.
CARRIED
5
2019 Council Minutes October 17, 2019
11.1.2 Requiring Action
A. City of London re Lake Erie Region Source Protection Committee municipal representative
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT correspondence from City of London re Lake Erie Region Source Protection
Committee municipal representative be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham support the
nomination of Lloyd Perrin as Lake Erie Region Source Protection Committee municipal
representative.
CARRIED
11.2 Reports to Council
A. Report TR-14/19 by Lorne James, Treasurer re Municipal Auditor Appointment
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Staff Report TR-14/19 re Municipal Auditor Appointment be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham accept the
proposal submitted by Graham Scott Enns, LLP;
AND THAT staff be directed to bring forward a by-law for Council consideration to appoint
Graham Scott Enns LLP as auditors for 2020 to 2024
CARRIED
B. Report TR-15/19 by Lorne James, Treasurer re 2019 Q3 Variance Report
Moved by: Deputy Mayor Weisler
Seconded by: Councilor Chilcott
THAT Report TR-15/19 re 2019 Q3 Variance Report be received for information.
CARRIED
Council recessed for the Drainage Public Meeting at 8:01 p.m. and reconvened at 8:55 p.m.
12. BY-LAWS
A. By-Law No. Z693-2019 Being a by-law to further amend By-Law No. Z456-2003 - Fehr
(This by-law follows the recommendation in Report DS-67/19 by Margaret Underhill,
Deputy ClerkIPlanning Coordinator during the regular meeting of October 17, 2019)
B. By-Law No. 2019-084 Being a by-law to appoint a Municipal Auditor for the Municipality
of Bayham (This by-law follows the recommendation in Report TR-14/19 by Lorne James,
Treasurer during the regular meeting of October 17, 2019)
6
2019 Council Minutes October 17, 2019
C. By-Law No. 2019-085 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the Chalk Drain (This by-law follows
the recommendation in Report DS-62/19 by Bill Knifton, Chief Building OfficiallDrainage
Superintendent during the public meeting of October 17, 2019) First and Second Reading
Only
D. By-Law No. 2019-086 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the Vienna Line Drain (This by-law
follows the recommendation in Report DS-63/19 by Bill Knifton, Chief Building
OfficiallDrainage Superintendent during the public meeting of October 17, 2019) First and
Second Reading Only
E. By-Law No. 2019-087 Being a by-law to authorize an amendment to By-Law No. 2005-
058 being a by-law authorizing the execution of a road use agreement between The
Corporation of the Municipality of Bayham and Erie Shores Wind Farm General Partner
Trust, as General Partner of and on behalf of Erie Shores Wind Farm Limited Partnership
F. By-Law No. 2019-088 Being a by-law to authorize the extension of an agreement
between The Corporations of the Municipality of Bayham and Pollard Distribution Inc.
G. By-Law No. 2019-090 Being a by-law to authorize the execution of a transfer of lands
and to correct a defect in title
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT By-Law No. 2019-085 and 2019-086 be read a first and second time only;
AND THAT By-Law No. Z693-2019, 2019-084, 2019-087, 2019-088 and 2019-090 be read
a first, second and third time and finally passed.
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. 2019-089 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
7
2019 Council Minutes October 17, 2019
THAT Confirming By-Law No. 2019-089 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 9:02 p.m.
CARRIED
1
A SR hcfmit RK
8