REGULAR COUNCIL MEETING

MINUTES

Meeting #:04-2022
Date:
-
Location:
Legacy Centre - Thomas Hall, Thedford
Members Present:
  • Mayor Bill Weber,
  • Deputy Mayor Doug Cook,
  • Councillor Dave Maguire,
  • Councillor Dan Sageman,
  • Councillor Lorie Scott,
  • Councillor Ronn Dodge,
  • Councillor Scott Ferguson,
  • Councillor Dave Marsh,
  • and Councillor Jeff Wilcox
Staff Present:
  • Stephanie Troyer-Boyd, Director of Corporate Services,
  • Janet Ferguson, Director of Financial Services,
  • Steve McAuley, Chief Administrative Officer,
  • Will Nywening, Planner,
  • Ashley Farr, Director of Community Services,
  • and Nick Verhoeven, Director of Public Works

Mayor Weber called the meeting to order at 7:05 pm.

The Mayor welcomed new staff member Ken Bulgin to the Planning and Development Department.

None were declared on February 22, 2022.

  • 22-0222-01
    Moved by:Councillor Scott
    Seconded by:Councillor Maguire

    THAT the February 22, 2022 Council Meeting Agenda be approved as amended.

    Carried

    Item 13.4 - By-Law 12 of 2022 - The Clerk verified that the published agenda was incorrect and that the by-law to be enacted was a Lease Agreement with Grand Bend Area Chamber of Commerce.


There was no Closed Session on February 22, 2022.

  • 22-0222-02
    Moved by:Councillor Dodge
    Seconded by:Councillor Ferguson

    THAT the minutes of the February 1, 2022 Council meeting be adopted as presented.

    Carried

There were no Councillor Reports on February 22, 2022.

  • 22-0222-03
    Moved by:Councillor Marsh
    Seconded by:Councillor Dodge

    THAT the Council meeting adjourn at 7:07 p.m. for a Public Meeting held under the Planning Act to hear an application for a Zoning By-Law Amendment Application ZO-16-2021 for MFL Properties Ltd. for property located at 17 Pine Street, Grand Bend.

    Carried

    Planner Will Nywening explained the purpose and effect of the Zoning By-Law Amendment application for 17 Pine Street.  He noted that this is the second public meeting being held for this application; the first being held on December 21, 2021.  He noted that a decision was deferred on December 21, 2021 at the request of the applicant.  Mr. Nywening noted that given the amount of public interest in the application, this second public meeting was scheduled and notice provided to all those who had provided comments to the first public meeting as well as agencies and property owners within the notice area.

    Mr. Nywening summarized his staff report with a recommendation to deny the application.  He stated that the application is not consistent with the goals of the Lambton Shores Official Plan with respect to the character of the Grand Bend area and its future development.  Mr. Nywening stated that he does not believe it is appropriate land use for the property and not good planning to approve the application either as originally presented or as revised.

    Hannah Surgenor, agent for the applicant, made a presentation regarding the changes made to the proposed zoning by-law application put forward by their clients, MFL Properties Ltd.  She summarized the revised application and changes made by the applicant since the first public meeting in December 2021.  She stated that the applicant is proposing a 3-storey, 3 unit development to be used by themselves and their family.

    Jay McGuffin, agent for the applicant, was also in attendance for the public meeting.  He stated the requested zoning amendment would allow for an increase in lot coverage.

    Applicant Kyle Ford made a speech with the intention of clarifying misconceptions in the community.

    Gerry Roeder, President of the Lambton Shores Community Association stated that they  do not support the zoning change and the issue is about zoning change and not the building.

    Dan Dorschenko of 53 Huron Street stated that two issues still relevant and not addressed in the revised proposal.  The first issue is mass with the proposed structure covering 44% of lot area in a zone that allows for 35% lot coverage.  He noted that the examples of lot coverage presented by the applicant were for properties that were constructed prior to lot coverage restrictions were in place.  The second issue is the request for an R3 zone.  He stated that there are presently three properties in this area that have an R3 zoning that he believes would not be approved with the current regulations.

    Martin Williams of 28 Huron Street stated he was in support of staff's recommendation.

    Council members had questions relating to lot coverage, number of dwelling units, and on site parking.

    The Clerk presented a summary of any correspondence not included with the staff report.


  • 22-0222-04
    Moved by:Councillor Maguire
    Seconded by:Councillor Wilcox

    THAT the Public Meeting close and regular Council reconvene at  8:16 p.m.

    Carried
  • Councillor Dodge requested a recorded vote.

    22-0222-05
    Moved by:Councillor Dodge
    Seconded by:Deputy Mayor Cook

    THAT Report PL 03-2022, relating to a Zoning By-Law Amendment Application, submitted by MFL Properties Ltd., be received; and

    THAT Zoning By-Law Amendment Application ZO-16/2021, submitted by MFL Properties Ltd., requesting an amendment to Zoning By-Law 1 of 2003 to rezone portions of 17 Pine Street to permit an R3 Zone with site-specific provisions for construction of a triplex dwelling, be refused.

    In SupportOpposedAbsent
    Mayor WeberX
    Councillor MaguireX
    Deputy Mayor CookX
    Councillor DodgeX
    Councillor WilcoxX
    Councillor SagemanX
    Councillor MarshX
    Councillor ScottX
    Councillor FergusonX
    Results810
    Carried (8 to 1)

Armand Mallette was present to speak to Item 10.9.  He requested the encroachment be allowed to remain.

  • 22-0222-06
    Moved by:Councillor Ferguson
    Seconded by:Councillor Maguire

    THAT Items 10.1 and 10.2 of the Agenda be received.

    Carried
CORPORATE and STRATEGIC
  • 22-0222-07
    Moved by:Deputy Mayor Cook
    Seconded by:Councillor Sageman

    THAT Report CAO 02-2022 regarding the be received; and

    THAT Committee of the Whole meetings for the purpose of receiving and discussing Quarterly Operational reports be scheduled to for 5:00 pm on the following dates:

    • April 19 – 1st Quarter Report
    • July 12th – 2nd Quarter Report
    • October 11 – 3rd Quarter Report

    Carried
COMMUNITY SERVICES
  • 22-0222-08
    Moved by:Councillor Wilcox
    Seconded by:Councillor Dodge

    THAT Report DCS 07-2022 regarding the “Ausable Port Franks Optimist Lease Agreement” be received; and

    THAT the Mayor and Clerk be authorized to sign the associated agreement.

    Carried
  • 22-0222-09
    Moved by:Councillor Scott
    Seconded by:Councillor Sageman

    THAT Report DCS 08-2022 regarding the “STR Licensing and Regulatory Options” be received; and

    THAT information related to the proposed STR Licensing Program be made available for public comment for a period of two weeks beginning February 28, 2022; and

    THAT staff are directed to prepare a Short Term Rental Licensing By-Law.

    Carried
PUBLIC WORKS
  • 22-0222-10
    Moved by:Councillor Maguire
    Seconded by:Councillor Sageman

    THAT Report DPW 01-2022 regarding the Tender award for the Ontario Street North Reconstruction Project be received; and

    THAT the tender award for the Ontario Street North Reconstruction Project be conditional on the Municipality of South Huron participating in the project; and

    THAT the tender received from Birnam Excavating Limited for the tendered price of $6,258,084.12 including HST be accepted; and

    THAT the additional funds required for this project be funded from the Transportation and Water reserves; and

    THAT the Mayor and Clerk be authorized to sign the associated contract agreement.

    Carried
FINANCIAL SERVICES
  • 22-0222-11
    Moved by:Councillor Wilcox
    Seconded by:Councillor Maguire

    THAT Report TR 04-2022 regarding the 2021 Draft Year to Date Financial Statements be received; and

    THAT the following allocations of the 2021 surplus to the identified Reserve Funds be approved:

    $650,000.00 – Transportation

    $ 39,000.00 – Rolling Stock

    $441,000.00 – Parking

    $177,000.00 – Equipment

    $100,000.00 – Facilities

    $114,000.00 – Harbour

    $ 90,000.00 – Economic Development; and

    the Balance – to Working Funds.

    Carried
  • 22-0222-12
    Moved by:Councillor Maguire
    Seconded by:Councillor Sageman

    THAT Report TR-5-2022 regarding the 2022 Approved Operating and Capital Budget be received; and

    THAT the By-Law 10 of 2022 authorizing the adoption of the 2022 Operating and Capital Budget be approved.

    Carried
  • 22-0222-13
    Moved by:Deputy Mayor Cook
    Seconded by:Councillor Wilcox

    THAT the required amount be transferred from Working Capital Reserve in order to achieve a 0% tax rate change for 2022 over the 2021 rate.

    Carried
CORPORATE SERVICES
  • 22-0222-13
    Moved by:Councillor Maguire
    Seconded by:Councillor Sageman

    THAT Report CL 08-2022 regarding Request for Encroachment Agreement – 6 Main Street be received.

    Carried
  • Mayor Weber requested a recorded vote.

    22-0222-14
    Moved by:Councillor Maguire
    Seconded by:Councillor Scott

    THAT staff prepare an encroachment agreement with the property owner at 6 Main Street, Grand Bend to allow the encroachment to remain containing provisions not limited to insurance, maintenance, signage, size and access. 

    In SupportOpposedAbsent
    Mayor WeberX
    Councillor MaguireX
    Deputy Mayor CookX
    Councillor DodgeX
    Councillor WilcoxX
    Councillor SagemanX
    Councillor MarshX
    Councillor ScottX
    Councillor FergusonX
    Results540
    Carried (5 to 4)
  • 22-0222-
    Moved by:Councillor Ferguson
    Seconded by:Councillor Scott

    THAT the February 22, 2022 Council Meeting adjourn at 9:00 p.m.

    Carried
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