HomeMy WebLinkAboutMay 11, 2020 - Special CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SPECIAL COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Monday, May 11, 2020
6:30 p.m.
Pursuant to Section 4.4.3(a) of Procedural By-law No. 2018-005 the Cancellation of the May 7,
2020 Regular Meeting of Council and the scheduling of the May 11, 2020 Special Meeting of
Council is to permit the Municipality of Bayham to consider planning applications previously
deferred due to Provincial Orders under the Emergency Management and Civil Protection Act.
PRESENT:
MAYOR
DEPUTY MAYOR
COUNCILLORS
STAFF PRESENT:
CAOICLERK
DEPUTY CLERKIPLANNING COORDINATOR
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 6:30 p.m.
ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DAN FROESE
SUSAN CHILCOTT
PAUL SHIPWAY
MARGARET UNDERHILL
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
A. Councillor Dan Froese declared a conflict of interest with By-law No. 2020-046 and did not
take part in debate or consideration of By-law No. 2020-046 as it pertains to Minor Variance
Application A-02/20 D & T Froese and he is the Applicant.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
A. Confidential Report regarding advice that is subject to solicitor -client privilege, including
communications necessary for that purpose (Tribute Resources Inc.) added as Item 14.1 A.
B. PROCEDURAL MOTION
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Section 6.15.1(K) of the Municipality of Bayham Procedural By-law be suspended for
the duration of the May 11, 2020 Special Meeting of Council due to the functional abilities
of the electronic meeting platform.
A recorded vote was held on the Procedural Motion:
Member of Council YES NO
Councillor C. Valerie Donnell X
2020 Special Council Minutes
May 11, 2020
Councillor Dan Froese
X
Councillor Susan Chilcott
X
Deputy Mayor Rainey Weisler
X
Mayor Ed Ketchabaw
X
TOTAL
5
0
CARRIED
4. ANNOUNCEMENTS
A. Councillor Froese expressed appreciation to the community, Council and staff for the
support and prayers during a difficult time for his family.
5. DELEGATIONS
None.
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Special Meeting held April 27, 2020
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the minutes of the Special Meeting held April 27, 2020 be adopted.
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
Special Council Meeting recessed at 6:35 p.m. in order to conduct the Grewal Drain
Public Meeting and reconvened at 6:39 p.m.
9. PHYSICAL SERVICES — EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
A. Elgin County Ontario Provincial Police re 2019 Year End Report
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT correspondence item 9.1.1-A be received for information.
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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
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-35/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Site Plan
Agreement — Sandytown Retirement Home Inc.
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report DS-35/20 regarding the Sandytown Retirement Home Inc. site plan
agreement extension be received;
AND THAT Council agrees as per the request to extend the Sandytown Retirement Home
Inc. site plan agreement approved by By-law 2019-049 due to expire on May 16, 2020 for
an additional time period expiring on December 1, 2020.
CARRIED
B. Report DS-36/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Thiessen By-law No. Z707-2020
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report DS-36/20 regarding the Thiessen 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 April 2, 2020
associated with this application, there were no written submissions and no oral presentation
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 John and Mary Thiessen identified as a portion of 55866
First Street from Village Residential (R1) Zone to site -specific Village Residential (R1-14)
Zone subject to condition of consent application E90/19;
2020 Special Council Minutes May 11, 2020
AND THAT Zoning By-law Z707-2020 be presented to Council for enactment.
CARRIED
C. Report DS-37/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Graham Estates Inc. Zoning By-law Z709-2020, Site Plan Agreement —
Graham Estates Inc. By-law 2020-047
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report DS-37/20 regarding the Graham Estates Inc. rezoning application and site
plan agreement 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 May 11, 2020
associated with this application, there was one written submission in opposition received
April 2, 2020 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 Graham Estates Inc. identified as Concession 10 North Part
Lot 17, from Agriculture (Al-A)Zone and Rural Commercial (RC) Zone to site -specific
Rural Industrial (M2-12) Zone to permit the expansion of the Graham Estates Inc.;
AND THAT Zoning By-law Z709-2020 be presented to Council for enactment;
AND THAT By-law No. 2020-047 being a By-law to authorize the execution of a Site Plan
Agreement between Graham Estates Inc. and the Municipality of Bayham for development
at the property known as 56957 Talbot Line be presented to Council for enactment.
CARRIED
D. Report DS-38/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Hermann Zoning By-law Z708-2020
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report DS-38/20 regarding the Hermann 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 May 11, 2020
associated with this application, there were no written submissions and no oral
presentations opposing this matter and that all considerations were taken into account in
Council's decision passing this resolution;
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May 11, 2020
AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the
zoning on the lands owned by Susan and Manfred Hermann identified as Concession 6
STR Lot 129 from Rural Residential (RR) Zone to Special Agricultural (A2) Zone and lands
from Special Agricultural (A2) Zone to Rural Residential (RR) Zone and lands from Special
Agricultural (A2) Zone to Agricultural (All-A)Zone as per Consent Applications E83/19,
E84/19 and E85/19;
AND THAT Zoning By-law Z708-2020 be presented to Council for enactment.
141_1V0-1I11W,
E. Report DS-39/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Long Point Region Conservation Authority Zoning By-law Z710-2020, Site Plan
Agreement — Long Point Region Conservation Authority By-law 2020-048, Development
Agreement — Long Point Region Conservation Authority By-law 2020-049
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report DS-39/20 regarding the Long Point Region Conservation Authority rezoning
application, site plan and development agreements 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 May 11, 2020
associated with this application, there were no written submissions 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 Long Point Region Conservation Authority identified as
Concession 1 Part Lot 11 & 12, from Tourist Commercial (C3), holding Tourist Commercial
(C3(h2)) and Open Space 1 (OS1) to site -specific Tourist Commercial (C3-1) Zone to
permit the expansion of the Big Otter Marina and Campground on the Long Point Region
Conservation Authority lands;
AND THAT Zoning By-law Z710-2020 be presented to Council for enactment;
AND THAT By-law No. 2020-048 being a By-law to authorize the execution of a Site Plan
Agreement between Long Point Region Conservation Authority and the Municipality of
Bayham for development at the property known as 5 Bridge Street Port Burwell be
presented to Council for enactment;
AND THAT By-law 2020-049 being a By-law to authorize the execution of a Development
Agreement between Long Point Region Conservation Authority and the Municipality of
Bayham for development at the property known as 5 Bridge Street Port Burwell be
presented to Council for enactment;
AND THAT Staff be authorized to revise the Agreements, if necessary, in consultation with
the LPRCA to facilitate the execution of the Agreements.
CARRIED
2020 Special Council Minutes
May 11, 2020
F. Report DS-40/20 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Tesluk and Mulcaster Zoning By-law Z711-2020
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report DS-40/20 regarding the Tesluk and Mulcaster 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 May 11, 2020
associated with this application there was one written submission in opposition received May
11, 2020 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 Nancy Tesluk and Fred Mulcaster identified as Plan 12 Lot
23, known as 42 Robinson Street, from Central Business District (Cl) to Village Residential
(R1) Zone;
AND THAT Zoning By-law Z711-2020 be presented to Council for enactment.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. City of Hamilton re Request to Regulate and Enforce Odour and Lighting Nuisances
Related to the Cultivation of Cannabis Plants
B. Township of Mapleton re A Resolution to Request the Province of Ontario Review the
Farm Property Class Tax Rate Programme in Light of Economic Competitiveness
Concerns between Rural and Urban Municipalities
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT correspondence item 11.1.1-A — 11.1.1-B be received for information.
CARRIED
11.1.2 Requiring Action
11.2 Reports to Council
A. Report CAO-21/20 by Paul Shipway, CAOICIerk re Capital Item No. PW-01 Baynor South
Bridge
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May 11, 2020
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report CAO-21/20 re Capital Item No. PW-01 Baynor South Bridge be received for
information;
AND THAT staff be directed to bring forward a by-law to authorize the execution of an
agreement with Froese Excavating Ltd. for Capital Item PW-01 in the amount of
$436,979.96+HST.
CARRIED
12. BY-LAWS
Councillor Dan Froese declared a conflict of interest with By-law No. 2020-046 and did not
take part in debate or consideration of By-law No. 2020-046 as it pertains to Minor Variance
Application A-02/20 D & T Froese and he is the Applicant.
A. By -Law No. Z707-2020 Being a by-law to further amend By -Law No. Z456-2003 —
Thiessen (This by-law follows the recommendation in Report DS-36120 by Margaret
Underhill, Deputy ClerklPlanning Coordinator during the special meeting of May 11,
2020)
B. By -Law No. Z708-2020 Being a by-law to further amend By -Law No. Z456-2003 —
Hermann (This by-law follows the recommendation in Report DS-38120 by Margaret
Underhill, Deputy ClerklPlanning Coordinator during the special meeting of May 11,
2020)
C. By -Law No. Z709-2020 Being a by-law to further amend By -Law No. Z456-2003 —
Graham Estates Inc. (This by-law follows the recommendation in Report DS-37120 by
Margaret Underhill, Deputy ClerklPlanning Coordinator during the special meeting of
May 11, 2020)
D. By -Law No. Z710-2020 Being a by-law to further amend By -Law No. Z456-2003 —
Long Point Region Conservation Authority (This by-law follows the recommendation in
Report DS-39120 by Margaret Underhill, Deputy Clerkl Planning Coordinator during the
special meeting of May 11, 2020)
E. By -Law No. Z711-2020 Being a by-law to further amend By -Law No. Z456-2003 —
Tesluk and Mulcaster (This by-law follows the recommendation in Report DS-40120 by
Margaret Underhill, Deputy ClerklPlanning Coordinator during the special meeting of
May 11, 2020)
F. By -Law No. 2020-046 Being a by-law to authorize the execution of a Development
Agreement between Dan & Tina Froese and the Corporation of the Municipality of
Bayham (This by-law follows the recommendation in Report DS-32120 by Margaret
Underhill, Deputy ClerklPlanning Coordinator during the Committee of Adjustment
meeting of May 11, 2020)
G. By -Law No. 2020-047 Being a by-law to authorize the execution of a Site Plan
Agreement between Graham Estates Inc. and the Corporation of the Municipality of
2020 Special Council Minutes May l 1, 2020
Bayham (This by-law follows the recommendation in Report DS-37120 by Margaret
Underhill, Deputy Clerkj Planning Coordinator during the special meeting of May 11,
2020)
H. By -Law No. 2020-048 Being a by-law to authorize the execution of a Site Plan
Agreement between Long Point Region Conservation Authority and the Corporation of
the Municipality of Bayham (This by-law follows the recommendation in Report DS-39120
by Margaret Underhill, Deputy ClerklPlanning Coordinator during the special meeting of
May 11, 2020)
I. By -Law No. 2020-049 Being a by-law to authorize the execution of a Development
Agreement between Long Point Region Conservation Authority and the Corporation of
the Municipality of Bayham (This by-law follows the recommendation in Report DS-39120
by Margaret Underhill, Deputy ClerklPlanning Coordinator during the special meeting of
May 11, 2020)
J. By -Law No. 2020-050 Being a by-law to provide for drainage works in the Municipality
of Bayham known as the Grewal Drain (This by-law follows the recommendation in
Report DS-32120 by Bill Knifton, Chief Building Official) Drainage Superintendent during
the drainage meeting of May 11, 2020) First and Second Reading only.
K. By -Law No. 2020-051 Being a by-law to authorize the execution of an Agreement
between the Municipality of Bayham and Froese Excavating Ltd. (This by-law follows the
recommendation in Report CAO-21120 by Paul Ship way, CA01 Clerk during the special
meeting of May 11, 2020)
L. By -Law No. 2020-052 Being a by-law to authorize the execution of an Agreement
between the Municipality of Bayham and Duncor Enterprises Inc.
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT By-law No. 2020-050 be read a first and second time;
AND THAT By-law No. Z707-2020, Z708-2020, Z709-2020, Z710-2020, Z711-2020, 2020-
046, 2020-047, 2020-048, 2020-049, 2020-051 and 2020-052 be read a first, second and
third time and finally passed.
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
14.1 In Camera
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT the Council do now rise to enter into an "In Camera" Session at 7:19 p.m. to discuss:
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• advice that is subject to solicitor -client privilege, including communications
necessary for that purpose
CARRIED
A. Confidential Report regarding advice that is subject to solicitor -client privilege, including
communications necessary for that purpose (Tribute Resources Inc.)
14.2 Out of Camera
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT the Council do now rise from the "In Camera" session at 7:40 p.m. with nothing to
report.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2020-032 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Confirming By -Law No. 2020-032 be read a first, second and third time and finally
passed
CARRIED
16. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT the Special Council meeting be adjourned at 7:41 p.m.
CARRIED
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