HomeMy WebLinkAboutDecember 05, 2019 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, December 5, 2019
7:00 p.m.
7:30 p.m. — Public Meeting — Planning — Zoning — C & E Hoover
PRESENT:
MAYOR
DEPUTY MAYOR
COUNCILLORS
ABSENT:
COUNCILLOR
STAFF PRESENT:
CAO I CLERK
DEPUTY CLERK
DEPUTY CLERK I PLANNING COORDINATOR
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m.
ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
SUSAN CHILCOTT
DAN FROESE
PAUL SHIPWAY
BRENDA GIBBONS
MARGARET UNDERHILL
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Chilcott declared a conflict with in -camera Item 14.1 A — Bayham Historical Society
from the November 21, 2019 meeting of Council. Councillor Chilcott was absent November 21,
2019 and pursuant to Section 6.2.3 of the Procedural By-law this is the first opportunity to
declare. Councillor Chilcott is the Vice President of the Bayham Historical Society.
Councillor Chilcott declared a conflict with in -camera Item 14.1 B — Bayham Historical Society.
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 for in -camera item
14.1 B.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
None.
4. ANNOUNCEMENTS
A. Deputy Mayor Weisler announced the tree lighting in the Straffordville Parkette will be
Friday, December 6, 2019 at 6:00 p.m.
B. Councillor Donnell announced the Port Burwell Santa Claus Parade will be Saturday,
December 7, 2019 at 6:00 p.m.
C. Councillor Chilcott announced the Straffordville Santa Claus Parade will be Saturday,
December 14, 2019 at 10:30 a.m. followed by opportunity to meet Santa and have hot
chocolate and cookies at the Straffordville Hall.
2019 Council Minutes
5. DELEGATIONS
None.
December 5, 2019
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held November 21, 2019
B. Committee of Adjustment held November 21, 2019 re Frank and Maria Redecop
C. Statutory Planning Meeting held November 21, 2019 re Phil Mauer/MG Leasing Inc.
D. Drainage Public Meeting held November 21, 2019 re Stewart Drain No. 2
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the minutes of the Regular Meeting held November 21, 2019, Committee of
Adjustment re Frank and Maria Redecop held November 21, 2019, Statutory Planning
Meeting re Phil Mauer/MG Leasing Inc. held November 21, 2019 and Drainage Public
Meeting re Stewart Drain No. 2 held November 21, 2019 be received for information.
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 Court of Revision re Stewart Drain No. 2
B. Notice of Committee of Adjustment Decision re F & M Redecop
C. Notice of Passing of Zoning By -Law No. Z694-2019 re M & R McCord
D. Notice of Intent to Remove Holding Symbol re C & E Hoover
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December 5, 2019
E. Notice of Second Public Meeting re Municipality of Bayham Zoning By-law Review
F. Notice of Public Meeting re D Bruner
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT correspondence items 10.1.1-A — 10.1.1-F be received for information.
CARRIED
10.1.2 Requiring Action
A. Elgin County Decision re VanQuaethem Farms Ltd.; Joseph & Jane Haslinger application
for lot addition
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Correspondence re Elgin County Application #E21/19 — VanQuaethem Farms Ltd.;
Joseph and Jane Haslinger be received for information.
CARRIED
10.2 Reports to Council
A. Report DS -77/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Zoning
Amendment Application — Phil Mauer & Assoc./M.G. Leasing Inc. Zoning By -Law No. Z696-
2019
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Staff Report DS -77/19 regarding the Zoning By-law Amendment for Phil Mauer
Assoc./M.G. Leasing Inc. 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 November 21, 2019
associated with this application and following the meeting, two verbal and two 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 the site-specific Urban Industrial (M4-4) and Hamlet Residential — Holding
[HR(h2)] to a modified site-specific Urban Industrial (M4-4) Zone on property identified as
56954 Eden Line;
AND THAT Zoning By -Law Z696-2019 be presented to Council for enactment.
CARRIED
2019 Council Minutes
December 5, 2019
B. Report DS -78/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Site Plan
Agreement By -Law No. 2019-099 — Phil Mauer / M.G. Leasing Inc.
Moved by: Deputy Mayor Weisler
Seconded by: Councilor Chilcott
THAT Report DS -78/19 regarding the Phil Mauer/MG Leasing Inc. site plan agreement be
received;
AND THAT By-law No. 2019-099 being a By-law to authorize the execution of a Site Plan
Agreement between Phil Mauer & Assoc./M.G. Leasing Inc. and the Municipality of
Bayham for development at the property known as 56954 Eden Line be presented for
enactment.
CARRIED
C. Report DS -79/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E83/19 Hermann — 1 Foot Conveyance
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Staff Report DS -79/19 regarding Consent application E83/19 Hermann be received
for information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E83/19, submitted by Susan Hermann be granted
subject to the following considerations and conditions:
1. Rezoning of the severed parcel
2. Planning report fee payable to the municipality
3. Digital Copy of the final survey
4. Letter of Undertaking the lands will merge with the abutting property owned by
Susan Hermann and Manfred Hermann.
CARRIED
D. Report DS -80/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E84/19 Hermann — Lot Addition
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Staff Report DS -80/19 regarding Consent application E84/19 Hermann be received
for information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E84/19, submitted by Susan and Manfred Hermann be
granted subject to the following considerations and conditions:
1. Rezoning of the severed parcel
2. Planning report fee payable to the municipality
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2019 Council Minutes December 5, 2019
3. Digital Copy of the final survey
4. Letter of Undertaking the lands will merge with the abutting property owned by
Susan Hermann.
CARRIED
Council recessed for the Public Meeting at 7:30 p.m. and reconvened at 7:35 p.m.
E. Report DS -81-19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E85/19 Hermann — Farm Split
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Staff Report DS -81/19 regarding Consent application E85/19 Hermann be received
for information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E85/19, submitted by Susan and Manfred Hermann be
granted subject to the following considerations and conditions:
1. Rezoning of the portion of retained lands in the Special Agriculture (A2) Zone to
the Agricultural (Al-A)Zone
2. Purchase of a civic number sign for the severed parcel
3. Planning report fee payable to the municipality
4. Digital Copy of the final survey.
CARRIED
F. Report DS -82/19 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Hoover Zoning By -Law No. Z695-2019
Moved by: Councillor Donnell
Seconded by: Councillor Chillcott
THAT Report DS -82/19 regarding Hoover 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 December 5, 2019
associated with this application, there were no submissions received 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 Z456-2003, as amended, be further amended by changing the
zoning on the lands owned by Cleason and Eleanor Hoover described as Concession NTR
Part Lot 112, Part 10 11 R7329 by changing the Hamlet Residential [HR(h2/h3] Zone to
Hamlet Residential (HR) Zone to permit one new dwelling;
AND THAT Zoning By -Law Z695-2019 be presented to Council for enactment.
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2019 Council Minutes December 5, 2019
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Town of Amherstburg re Declaration of Climate Emergency in the Town of Amherstburg
B. Municipality of Bayham Notice re January 2, 2020 Council Meeting Cancellation
C. Municipality of Bayham Notice re High Speed Fiber Optic Internet Connectivity — Build -Out
Phase 1
D. Recycling Naughty and Nice List
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT correspondence items 11.1.1-A — 11.1.1-D be received for information.
11.1.2 Requiring Action
A. Long Point Region Conservation Authority re 2020 Draft LPRCA Budget
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT correspondence from Long Point Region Conservation Authority re 2020 Draft
LPRCA Budget be received for information.
CARRIED
B. Photographers of the Otter Valley re Gallery Hanging Proposal
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT correspondence from the Photographers of the Otter Valley re Gallery Hanging
Proposal be received for information;
AND THAT staff be directed and delegated authority to implement the Straffordville
Community Centre Gallery Hanging Proposal in 2020;
AND THAT the Municipality of Bayham require a waiver be signed regarding no municipal
liability for artwork and only non -breakable glass (acrylic) be used for any photographs
posted in the Straffordville Community Centre hallway.
CARRIED
2019 Council Minutes December 5, 2019
11.2 Reports to Council
A. Report CAO -69/19 by Paul Shipway, CAOICIerk re Municipal Recycling Program- Full
Producer Responsibility Transition
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report CAO -69/19 re Municipal Recycling Program - Full Producer responsibility be
received for information;
AND THAT staff be directed to exercise the extension option on Agreement No. 0185-08
until June 1, 2023;
AND THAT staff be directed to work to transfer the recycling program to full producer
responsibility as soon as possible.
CARRIED
12. BY-LAWS
A. 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
Officiall Drainage Superintendent during the public meeting of October 17, 2019) Third and
Final Reading
B. By -Law No. 2019-086 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham, County or Elgin known as the Vienna Line Drain (This by-law
follows the recommendation in Report DS -63/19 by Bill Knifton, Chief Building
Officiall Drainage Superintendent during the public meeting of October 17, 2019) Third and
Final Reading
C. By -Law No. 2019-098 Being a by-law to adopt a Personnel Policy Manual
D. By -Law No. 2019-099 Being a by-law to authorize the execution of a site plan agreement
between Phil Mauer & Assoc./M.G Leasing Inc. and The Corporation of the Municipality of
Bayham (This by-law follows the recommendation in Report DS -78/19 by Margaret
Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of December 5,
2019)
E. By -Law No. Z695-2019 Being a by-law to further amend By -Law No. Z456-2003 (This
by-law follows the recommendation in Report DS -82/19 by Margaret Underhill, Deputy
Clerki Planning Coordinator during the regular meeting of December 5, 2019)
F. By -Law No. Z696-2019 Being a by-law to further amend By -Law No. Z456-2003 (This
by-law follows the recommendation in Report DS -77/19 by Margaret Underhill, Deputy
Clerki Planning Coordinator during the regular meeting of December 5, 2019)
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
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2019 Council Minutes December 5, 2019
THAT By -Law No. 2019-085 and 2019-086 be read a third and final time;
AND THAT By -Law No. 2019-098, 2019-099, Z695-2019 and Z696-2019 be read a first,
second and third time and finally passed.
CARRIED
13. UNFINISHED BUSINESS
None.
14. OTHER BUSINESS
Council recessed for a short break at 8:05 p.m. and reconvened at 8:08 p.m.
Councillor Chilcott declared a conflict with in -camera Item 14.1 B — Bayham Historical Society.
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 for in -camera
item 14.1 B.
14.1 In Camera
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the Council do now rise to enter into an "In Camera" Session at 8:08 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 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 (Pilot Project)
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 (Bayham Historical Society)
14.2 Out of Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT the Council do now rise from the "In Camera" session at 9:01 p.m. with progress to
report.
CARRIED
2019 Council Minutes December 5, 2019
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
WHEREAS the Edison Museum Reserve Fund was established and maintained by the
Council of the Corporation of the Municipality of Bayham for the purposes of providing funds
for the operation and/or capital expenditures of the Edison Museum;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham ceased
providing services associated with the Edison Museum in 2016 and donated all artifacts
from the Edison Museum to the Bayham Historical Society;
AND WHEREAS the Bayham Historical Society operates and/or intends to operate a private
(non -municipal) Edison Museum;
NOW THEREFORE, in keeping with the intent of By -Law No. 1997-003, the Edison Museum
Reserve Fund By-law, the Council of the Corporation of the Municipality of Bayham provides
the following direction:
1) THAT staff be directed to bring forward a by-law to authorize the execution of a
donation agreement with the Bayham Historical Society for Council consideration to
donate the net amount of the 2018 audited Edison Museum Reserve Fund balance
to the Bayham Historical Society;
a. AND THAT staff be directed to net out expenses associated with the proposed
donation agreement, including but not limited to legal expenses, financial
expenses and administrative expenses;
b. AND THAT the proposed by-law to authorize the execution of a donation
agreement include provisions to repeal:
i. By -Law No. 2017-057, being a by-law to authorize the execution of a
lease agreement between the Municipality of Bayham and the Bayham
Historical Society for 6342 Plank Rd.
ii. By -Law No. 1997-003 and By-law No. 2003-096, being by-laws to
establish an Edison Museum Reserve.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT staff be directed to bring forward a staff report for Council consideration to declare 6342
Plank Rd. surplus to the needs of the Municipality for the purposes of sale of the subject property
with funds to be allocated to the Facility Reserve for municipal purposes, for Council
consideration.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By -Law No. 2019-100 Being a by-law to confirm all actions of Council
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
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2019 Council Minutes
December 5, 2019
THAT Confirming By -Law No. 2019-100 be read a first, second and third time and finally
passed
CARRIED
16. ADJOURNMENT
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT the Council meeting be adjourned at 9:05 p.m.
CARRIED
MAYOR K
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