HomeMy WebLinkAboutFebruary 20, 2020 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, February 20, 2020
7:00 p.m.
7:30 p.m. — Public Meeting — Planning — W. Anderson & P. Smith
PRESENT:
MAYOR
DEPUTY MAYOR
COUNCILLORS
STAFF PRESENT:
CAOICLERK
DEPUTY CLERKIPLANNING COORDINATOR
TREASURER
CHIEF BUILDING OFFICIAL
DRAINAGE SUPERINTENDENT
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m.
ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DAN FROESE
SUSAN CHILCOTT
PAUL SHIPWAY
MARGARET UNDERHILL
LORNE JAMES
BILL KNIFTON
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Chilcott declared a conflict with By-law No. 2020-013 Item 12.D. Councillor Chilcott
is the Vice President of the Bayham Historical Society. Councillor Chilcott vacated her chair
and did not take part in debate or vote for By-law No. 2020-013.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
A. Confidential Item regarding advice that is subject to solicitor -client privilege, including
communications necessary for that purpose added as Item 14.1-A.
B. Agreement between the Corporation of the Municipality of Bayham and Bayham Historical
Society added to By -Law No. 2020-013 Item 12-D.
4. ANNOUNCEMENTS
None.
5. DELEGATIONS
None.
2020 Council Minutes February 20, 2020
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held February 6, 2020
B. Statutory Planning Meeting held February 6, 2020 re Borm Capital Inc.
C. Statutory Planning Meeting held February 6, 2020 re P. Retsinas
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the minutes of the Regular Meeting held February 6, 2020, Statutory Planning
Meeting re Borm Capital Inc. held February 6, 2020 and Statutory Planning Meeting re P.
Retsinas held February 6, 2020 be adopted.
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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 Adoption of Official Plan Amendment No. 25 — Best Line Farms
B. Notice of Refusal of Official Plan Amendment — Kevan and Phyllis Rouse
C. Notice of Passing of Zoning By -Law No. Z699-2020 — VanQuaethem Farms Ltd.
D. Notice of Public Meeting — W. Anderson and P. Smith, 9743 Plank Road
E. Notice of Public Meeting re Proposed Zoning By -Law Amendment — Cornelius & Helena
Reimer, 56398 Calton Line
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2020 Council Minutes
February 20, 2020
F. Notice of Public Meeting re Proposed Zoning By -Law Amendment — Isaac Michael & Annie
Reimer, 53714 Heritage Line
G. Notice of Public Meeting re Proposed Zoning By -Law Amendment —C.H.R. Farms Ltd,
56573 Calton Line
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT correspondence items 10.1.1-A — 10.1.1-G be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-18/20 by Bill Knifton, Chief Building Officiall Drainage Superintendent re ETBO
Drain Award Contract
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-18/20 regarding ETBO 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 ETBO Drain, as submitted by PBR Excavating Inc., in the amount of
$13,677.32+HST, with work to commence on or before March 2, 2020 and be completed on
or before March 06, 2020;
AND THAT By -Law 2020-011, being a by-law to authorize the execution of contract
documents with PBR Excavating Inc. be presented to Council for enactment
CARRIED
B. Report DS-19/20 by Margaret Underhill, Deputy ClerklPianning Coordinator re Amended
Consent Application E84/19 Hermann — Lot Addition
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Report DS-19/20 regarding amended Consent application E84/19 Hermann be
received for information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that amended 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
3. Digital Copy of the final survey
2020 Council Minutes February 20, 2020
4. Letter of Undertaking the lands will merge with the abutting property owned by
Susan Hermann
CARRIED
C. Report DS-20/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Amended
Consent Application E85/19 Hermann — Farm Split
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report DS-20/20 regarding amended 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
D. Report DS-21/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Zoning
Amendment Application — Borm Zoning By -Law No. Z701-2020
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report DS-21/20 regarding the Zoning By-law Amendment for Borm Capital 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
February 6, 2020 associated with this application, no written submissions were received
and one presentation at the public meeting 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 -A) Zone to a site -specific Rural Industrial (M2-8) Zone and
lands from Agricultural (Al -A) Zone to a holding site -specific Rural Industrial (M2-8(h6))
Zone to satisfy the conditions of Consent E14/19;
AND THAT Zoning By-law Z701-2020 be presented to Council for enactment
CARRIED
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2020 Council Minutes
February 20, 2020
E. Report DS-22/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Site Plan
Agreement By -Law No. 2020-012
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report DS-22/20 regarding the Borm Capital Inc. site plan agreement be received;
AND THAT By-law No. 2020-012 being a By-law to authorize the execution of a Site Plan
Agreement between Etienne Borm, Marie Louise Borm, Borm Capital Inc. and the
Municipality of Bayham for development at the property known as 7288 Richmond Road be
presented for enactment.
CARRIED
F. Report DS-23/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E95/19 MacDonald
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report DS-23/20 regarding Consent application E95/19 MacDonald be received for
information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E95/19 submitted by John and Maria MacDonald be
granted subject to the following considerations and conditions:
1. Installation of municipal water and sewer connection to the lot line for mandatory
connection to the municipal systems
2. Engineer design storm water management, drainage and/or grading plan
3. Digital copy of the registered plan of survey
4. Cash in Lieu of Parkland Dedication fee for the lot
5. Planning Report fee payable to the Municipality
CARRIED
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11.1 Correspondence
11.1.1 Receive for Information
A. Ministry of Children, Community and Social Services re Poverty Reduction Strategy
B. County of Elgin re Community Safety and Well -Being Plan Update
C. County of Elgin re Elgin Hospice Group
D. County of Elgin Minutes of Meeting held January 28, 2020 and Draft Minutes of Meeting
held February 11, 2020
2020 Council Minutes
February 20, 2020
E. County of Elgin Press Release re Measured & Affordable Tax Increase Delivered in County
Budget
F. County of Elgin Press Release re StrategyCorp Inc. to lead Elgin County's Service Delivery
Review
G. Long Point Region Conservation Authority re 2020 Annual General Meeting
H. Long Point Region Conservation Authority minutes of meeting held January 8, 2020
I. Ministry of Natural Resources & Forestry re Proposed regulatory changes under the
Aggregate Resources Act
J. Southwest Middlesex resolution re Government Bill 156
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT correspondence items 11.1.1-A — 11.1.1-J be received for information.
CARRIED
11.1.2 Requiring Action
11.2 Reports to Council
A. Report TR-03/20 by Lorne James, Treasurer re 2019 Public Sector Salary Disclosure Act
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report TR-03/20 re 2019 Public Sector Salary Disclosure Act be received for
information.
CARRIED
B. Report TR-04/20 by Lorne James, Treasurer re 2019 Investment Report
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report TR-04/20 re 2019 Investment Report be received for information.
C. Report TR-05/20 by Lorne James, Treasurer re 2019 Council Remuneration and Expenses
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
2020 Council Minutes
February 20, 2020
THAT Report TR-05/20 re 2019 Council Remuneration and Expenses be received for
information.
CARRIED
Council recessed at 7:30 p.m. for a public planning meeting and reconvened at 7:34 p.m.
D. Report TR-06/20 by Lorne James, Treasurer re 2019 Q4 Variance Report
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Report TR-06/20 re 2019 Q4 Variance Report be received for information.
CARRIED
E. Report TR-07/20 by Lorne James, Treasurer re 2019 Deficit Allocation
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report TR-07/20 re 2019 Deficit Allocation be received for information;
AND THAT Council confirm the 2019 Deficit Allocation funding as outlined with Report TR-
07/20.
CARRIED
12. BY-LAWS
A. By -Law No. Z701-2020 Being a by-law to further amend By -Law No. Z456-2003 — Borm
(This by-law follows the recommendation in Report DS-21120 by Margaret Underhill,
Deputy ClerklPlanning Coordinator during the regular meeting of February 20, 2020)
B. By -Law No. 2020-011 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 ETBO 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-18120 by Bill Knifton, Chief Building Official) Drainage
Superintendent during the regular meeting of February 20, 2020)
C. By -Law No. 2020-012 Being a by-law to authorize the execution of a site plan agreement
between Etienne Borm, Marie Louise Borm, Borm Capital Inc. and The Corporation of the
Municipality of Bayham (This by-law follows the recommendation in Report DS-22120 by
Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of
February 20, 2020)
D. By -Law No. 2020-013 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Bayham Historical Society
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2020 Council Minutes
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
February 20, 2020
THAT By -Law No. Z701-2020, 2020-011 and 2020-012 be read a first, second and third
time and finally passed.
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Councillor Chilcott declared a conflict with By-law No. 2020-013 Item 12.D. Councillor Chilcott
is the Vice President of the Bayham Historical Society. Councillor Chilcott vacated her chair
and did not take part in debate or vote for By-law No. 2020-013.
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT By -Law No. 2020-013 be read a first, second and third time and finally passed.
CARRIED
13. UNFINISHED BUSINESS
None.
14. OTHER BUSINESS
A. Southwestern Public Health — Healthy Community Partnership
Council provided staff direction to proceed and continue with Healthy Community
Partnership consideration of recreation master planning and recreation design standards.
Council appreciates the merits of collective action.
14.1 In Camera
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the Council do now rise to enter into an "In Camera" Session at 8:00 p.m. to discuss:
• advice that is subject to solicitor -client privilege, including communications
necessary for that purpose
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A. Confidential Item regarding advice that is subject to solicitor -client privilege, including
communications necessary for that purpose (Tribute Resource Inc.)
2020 Council Minutes
14.2 Out of Camera
Moved by: Councillor Donnell
Seconded by: Councillor Froese
February 20, 2020
THAT the Council do now rise from the "In Camera" session at 8:16 p.m. with nothing to
report.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2020-014 Being a by-law to confirm all actions of Council
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Confirming By -Law No. 2020-014 be read a first, second and third time and finally
passed
CARRIED
16. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 8:17 p.m.
CARRIED