HomeMy WebLinkAboutJanuary 16, 2020 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, January 16, 2020
7:00 p.m.
7:30 p.m. — Public Meeting — Planning
A. Kevan and Phyllis Rouse 4664 Plank Rd.
B. VanQuaethem Farms Ltd.
8:00 p.m. — Court of Revision — ETBO Drain
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 I PLANNING COORDINATOR
MARGARET UNDERHILL
CHIEF BUILDING OFFICIAL
DRAINAGE SUPERINTENDENT
BILL KNIFTON
MANAGER OF CAPITAL PROJECTS —
WATERIWASTEWATER OPERATIONS
ED ROLOSON
ROADS OPERATIONS SUPERVISOR
STEVE ADAMS
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
None.
4. ANNOUNCEMENTS
None.
5. DELEGATIONS
None.
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held December 19, 2019
2020 Council Minutes January 16, 2020
B. Statutory Planning Meeting held December 19, 2019 re Bruner
C. Statutory Planning Meeting held December 19, 2019 re Zoning By-law Review
D. Drainage Public Meeting held December 19, 2019 re ETBO Drain
E. Court of Revision held December 19, 2019 re Stewart Drain No. 2
F. Special Meeting — Budget held January 6, 2020
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT the minutes of the Regular Meeting held December 19, 2019, Statutory Planning
Meeting re Bruner held December 19, 2019, Statutory Planning Meeting re Zoning By-law
Review held December 19, 2019, Drainage Public Meeting re ETBO Drain held December
19, 2019, Court of Revision re Stewart Drain No. 2 held December 19, 2019 and Special
Meeting re Budget held January 6 2020 be received for information.
CARRIED
7. MOTIONS AND NOTICE OF MOTION
A. Motion re Transition to Full Producer Responsibility
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
WHEREAS the amount of single -use plastics leaking into our lakes, rivers and waterways
is a growing area of public concern;
WHEREAS reducing the waste we generate and reincorporating valuable resources from
our waste stream into new goods can reduce GHGs significantly;
WHEREAS the transition to full producer responsibility for packaging, paper and paper
products is critical to reducing waste, improving recycling and driving better economic and
environmental outcomes;
WHEREAS the move to a circular economy is a global movement, and that the transition of
Blue Box programs would go a long way toward this outcome;
WHEREAS the Municipality of Bayham is supportive of a timely, seamless and successful
transition of Blue Box programs to full financial and operational responsibility by producers
of packaging, paper and paper products;
AND WHEREAS the Association of Municipalities of Ontario has requested municipal
governments with Blue Box programs to provide an indication of the best date to transition
our Blue Box program to full producer responsibility;
2020 Council Minutes
THEREFORE BE IT RESOLVED:
January 16, 2020
THAT the Municipality of Bayham would like to transition their Blue Box program to full
producer responsibility January 1, 2023.
AND THAT this decision is based on the following rationale:
1. The Municipality of Bayham collection and processing contract expires June 1,
2023.
AND THAT the Municipality of Bayham would not be interested in providing collection
services to Producers should we be able to arrive at mutually agreeable commercial terms.
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 Disposition re Stewart Drain No. 2
B. Notice of Court of Revision re ETBO Drain
C. Notice of Public Meeting re Proposed Official Plan Amendment - Rouse
D. Notice of Public Meeting re Proposed Zoning By -Law Amendment — VanQuaethem Farms
Ltd.
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT correspondence items 10.1.1-A — 10.1.1-D be received for information.
CARRIED
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2020 Council Minutes
10.1.2 Requiring Action
January 16, 2020
10.2 Reports to Council
A. Report DS-01/20 by Bill Knifton, Chief Building Officiall Drainage Superintendent re 41'
Quarter Report
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Staff Report DS-01/20 regarding the activities of the Building Services & Drainage
Department for the fourth quarter of 2019 be received for information.
W-INUM91
B. Report DS-03/20 by Bill Knifton, Chief Building Officiall Drainage Superintendent re Vienna
Line Drain Award Contract
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Staff Report DS-03/20 regarding Vienna Line 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 Vienna Line Drain, as submitted by PBR Excavating Inc. in the amount of
$62,934.65+HST, with work to commence on or before April 27, 2020 and be completed on
or before May 8, 2020;
AND THAT By -Law 2020-004, being a by-law to authorize the execution of contract
documents with PBR Excavating Inc. be presented to Council for enactment.
CARRIED
C. Report DS-04/20 by Bill Knifton, Chief Building Officiall Drainage Superintendent re Chalk
Drain Award Contract
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Staff Report DS-04/20 regarding Chalk 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 Chalk Drain, as submitted by Cassidy Construction, in the amount of
$114,705.00+HST, with work to commence on or before February 3, 2020 and be
completed on or before December 31, 2020;
AND THAT By -Law 2020-005, being a by-law to authorize the execution of contract
documents with Cassidy Construction be presented to Council for enactment
CARRIED
2020 Council Minutes
January 16, 2020
D. Report DS-05/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E90/19 Thiessen
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Staff Report DS-05/20 regarding Consent application E-90/19 Thiessen be received
for information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E90/19 submitted by Johaan and Maria Thiessen be
granted subject to the following considerations and conditions:
1. Rezoning of the retained lands to a site -specific Village Residential (R1-XX) Zone
to recognize the existing dwelling with reduced front yard setback and the
existing oversized accessory building
2. Installation of individual private well on the severed lot 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
3. Grading plan
4. Purchase of civic number sign
5. Digital copy of the registered plan of survey
6. Cash in Lieu of Parkland Dedication fee for the lot
7. Planning Report fee payable to the Municipality.
CARRIED
E. Report DS-06/20 by Bill Knifton, Chief Building Officiall Drainage Superintendent re Petition
for Drainage
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk
of the Petition for drainage works from Jon Walker of Walker Dairy Inc.;
THAT Report DS-06/20 regarding the petition for drainage and for drainage improvement be
received;
AND THAT Council wishes to proceed with this matter and appoints Spriet Associates,
Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and
Section 8(1) of the Drainage Act, for Council's consideration.
CARRIED
F. Report DS-07/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Zoning
Amendment Application — Bruner Zoning By-law Z697-2020
2020 Council Minutes
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
January 16, 2020
THAT Staff Report DS-07/20 regarding the Zoning By-law Amendment for Bruner 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 19, 2019 associated with this application, five written submissions were received
and four of the five signed in attendees addressed Council with concerns;
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 Agricultural (Al) Zone to a site -specific Agricultural (A1-32) Zone conditional
upon the land owner obtaining and maintaining a Federal license for the cultivation of
cannabis for the following:
a) To permit Cannabis Cultivation use;
b) To permit Cannabis Cultivation, Outdoor use; and,
c) A 75 metre minimum setback from existing dwellings, not on the subject
lands, to any land used for outdoor cannabis cultivation.
AND THAT Zoning By-law Z697-2020 be presented to Council for enactment.
CARRIED
Council recessed at 7:28 p.m. and reconvened at 7:58 p.m.
G. Report DS-08/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E93/19 Penner
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT Staff Report DS-08/20 regarding Consent application E-93/19 Penner be received for
information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E93/19 submitted by Jacob and Tina Penner be
granted subject to the following considerations and conditions:
1. Rezoning of the severed lands to a site -specific Village Residential (R1-
XX) zone to remove site specific front yard setback for the existing
dwelling on the retained land
2. Installation of individual private well on the severed lot 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
3. Install a connection to the municipal sanitary sewer system to the severed
lot at the landowner's cost
2020 Council Minutes
January 16, 2020
4. Engineer design storm water management, drainage and grading plan
5. Purchase of civic number sign
6. Digital copy of the registered plan of survey
7. Cash in Lieu of Parkland Dedication fee one lot
8. Planning Report fee payable to the Municipality
CARRIED
Council recessed at 8:00 p.m. and reconvened at 8:04 p.m.
H. Report DS-09/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Zoning By-
law 5-Year Review Amendments — Bayham Zoning By-law Z698-2020
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Staff Report DS-09/20 regarding the Zoning By-law Review Amendments for the
Municipality of Bayham 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 Open House with the public
participation meeting held September 19, 2019 and the Second Public Meeting held
December 19, 2019 associated with the amendments, no written submissions were
received before or after the public meeting 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;
AND THAT Zoning By-law Z689-2020 be presented to Council for enactment.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Ministry of Children, Community and Social Services re Poverty Reduction Strategy
B. Ministry of Energy, Northern Development and Mines re Natural Gas Expansion Support
Program
C. Long Point Region Conservation Authority re Notice of Public Information Centre No. 2
D. Ontario Energy Board Notice to Customers of Enbridge Gas Inc.
E. Municipality of Bayham — 2020 Budget Infographic
F. Long Point Region Conservation Authority minutes of meeting held November 13, 2019
G. Long Point Region Conservation Authority minutes of meeting held December 4, 2019
2020 Council Minutes January 16, 2020
H. Elgin County Council minutes of meetings held December 10 & 12, 2019
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT correspondence items 11.1.1-A — 11.1.1-H be received for information.
CARRIED
11.1.2 Requiring Action
A. Ministry of Agriculture, Food and Rural Affairs re Municipality of Bayham Quality of Place
Initiative
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT correspondence item 11.1.2-A be received for information.
CARRIED
B. Federal Economic Development Agency for Southern Ontario re application to FedDev
Ontario to support tourism -related project under the Canadian Experiences Fund
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT correspondence item 11.1.2-B be received for information;
AND THAT staff be directed to utilize the services of Franklin Construction to define scopes
of work for repairs to the Port Burwell Lighthouse considering lifecycle costing;
AND THAT staff be directed to obtain comment from Museums Bayham on potential
scopes of work identified by the Municipality;
AND THAT staff be directed to report back to Council.
CARRIED
11.2 Reports to Council
A. Report CAO-01/20 by Paul Shipway, CAOICIerk re Ontario Community Infrastructure Fund
(OCIF) — Formula Funding
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Report CAO-01/20 re Ontario Community Infrastructure Fund (OCIF) — Formula
Funding be received for information;
2020 Council Minutes
January 16, 2020
AND THAT staff be directed to proceed with infrastructure works as outlined within Report
CAO-01 /20.
CARRIED
B. Report CAO-02/20 by Paul Shipway, CAOICIerk re Capital Item No. FA-01 Port Burwell
Library HVAC
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Report CAO-02/20 re Capital Item No. FA-01 Port Burwell Library HVAC be received
for information;
AND THAT Capital Item No. FA-01 Port Burwell Library HVAC be awarded to Koolen
Electric in the amount of $9,469+HST.
CARRIED
C. Report CAO-03/20 by Paul Shipway, CAOICIerk re Capital Item No. FA-03 Public Works
Salt Storage Shed
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report CAO-03/20 re Capital Item No. FA-03 Public Works Salt Storage Shed be
received for information;
AND THAT Capital Item No. FA-03 Public Works Salt Storage Shed be awarded to
Franklin Construction in the amount of $9,938.21+HST.
D. Report CAO-04/20 by Paul Shipway, CAOICIerk re 6342 Plank Rd.
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Report CAO-04/20 re 6342 Plank Rd. be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham declare 6342
Plank Rd., being Plan 54, Part Lots 1& A, RP 11R-2549, Part Lots 1, Part 1, Con S Part
Lots 8 & 9 surplus to the needs of the Municipality for the purpose of sale by Municipal
Realtor.
CARRIED
2020 Council Minutes
12. BY-LAWS
January 16, 2020
A. By -Law No. 2019-093 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the Stewart Drain No. 2 (This by-
law follows the recommendation in Report DS-71119 by Bill Knifton, Chief Building
Officiall Drainage Superintendent during the public meeting of November 21, 2019) Third
and Final Reading
B. By -Law No. 2020-001 Being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and RBC Royal Bank for the provision of banking
services
C. By -Law No. 2020-004 Being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and PBR Excavating Inc. for the provision of drainage
works for the Vienna Line 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-03120 by Bill Knifton, Chief Building Official) Drainage
Superintendent during the regular meeting of January 16, 2020)
D. By -Law No. 2020-005 Being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and Cassidy Construction for the provision of drainage
works for the Chalk Drain in the Municipality of Bayham pursuant to provisions of the
Drainage Act, Chapter DA 7 R.S.O. 1990 as amended (This by-law follows the
recommendation in Report DS-04120 by Bill Knifton, Chief Building Official) Drainage
Superintendent during the regular meeting of January 16, 2020)
E. By -Law No. Z697-2020 Being a by-law to further amend By-law No. Z456-2003 (This by-
law follows the recommendation in Report DS-07120 by Margaret Underhill, Deputy
ClerklPlanning Coordinator during the regularmeeting of January 16, 2020)
F. By -Law No. Z698-2020 Being a by-law to further amend By-law No. Z456-2003 (This by-
law follows the recommendation in Report DS-09120 by Margaret Underhill, Deputy
ClerklPlanning Coordinator during the regular meeting of January 16, 2020)
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT By -Law No. 2019-093 be read a third and final time;
AND THAT By -Law No. 2020-001, 2020-004, 2020-005, Z697-2020 and Z698-2020 be
read a first, second and third time and finally passed.
CARRIED
13. UNFINISHED BUSINESS
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2020 Council Minutes January 16, 2020
14. OTHER BUSINESS
A. Delegation of Authority — Overall Responsible Operator (ORO)
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the Council of the Corporation of the Municipality of Bayham, the Owners of the
Bayham Water System, Richmond Water System and Bayham Wastewater System,
delegate authority to the Manager of Capital Projects lWater/Wastewater to designate the
Overall Responsible Operator for the Bayham Water System, Richmond Water System and
Bayham Wastewater System.
CARRIED
14.1 In Camera
14.2 Out of Camera
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2020-002 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Confirming By -Law No. 2020-002 be read a first, second and third time and finally
passed
CARRIED
16. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT the Council meeting be adjourned at 8:30 p.m.
CARRIED
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