Municipality of Lakeshore
Regular Council Meeting Agenda

Tuesday, February 14, 2023 at 4:30 P.m. - 9:30 P.m.

Council Chambers, 419 Notre Dame Street, Belle River

1.
Call to Order

2.
Closed Session

Recommendation:
Council move into closed session in Council Chambers at ___ PM in accordance with:
1. Paragraph 239(3.1) of the Municipal Act, 2001 for the purpose of educating and training members in relation to media relations.
2. Paragraph 239(2)(e), (f) and (k) of the Municipal Act, 2001 to discuss litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and 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 regarding to the Hydro One Chatham to Lakeshore Transmission Corridor.
3. Paragraph 239(2)(f) of the Municipal Act, 2001 to discuss advice that is subject to solicitor-client privilege, including communications necessary for that purpose, regarding Couture Road (private road).
4. Paragraph 239(2)(e), (f) and (k) of the Municipal Act, 2001 to discuss litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and 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 regarding to infrastructure development in Lighthouse Cove.
5. Paragraph 239(2)(b) of the Municipal Act, 2001 to discuss personal matters about identifiable individuals, including municipal or local board employees, regarding the recommendations of Administration in relation to board and committee member appointments.

3.
Return to Open Session

4.
Land Acknowledgement

5.
Moment of Reflection

6.
Disclosures of Pecuniary Interest

7.
Recognitions

8.
Public Meetings under the Planning Act

1.
Zoning By-law Amendment ZBA-22-2021 – 8225 Essex Kent Rd

1.ZBA-22-2021 Report.pdf

2.Appendix A - Key Map.pdf

3.Appendix B - LTVCA Comments.pdf

4.Appendix C - County of Essex Comments.pdf

Recommendation:
Approve Zoning By-law Amendment Application ZBA-22-2021 (Zoning By-law 2-2012, as amended), to rezone the lands known legally as , Part N1/2 Lot 21 Concession 8 Tilbury; Part Lot 22 Concession 8 Tilbury as in R1248644, and municipally as 8225 Essex Kent Rd, from “Agriculture (A)” to “Agriculture Zone Exception 1 (A-1)” zone (Indicated on the Key Map, Attachment 1), in the Municipality of Lakeshore; and

Direct the Clerk to read By-law 12-2023 during the Consideration of By-laws, all as presented at the February 14, 2023 Council meeting.

2.
Housekeeping Zoning By-law Amendment ZBA-03-2023

1.ZBA-03-2023 - Housekeeping Zoning By-law Amendment.pdf

2.Appendix 1 - Illustration of Yards.pdf

3.Appendix 2 - Appliances.pdf

Recommendation:
Approve Zoning By-law Amendment Application ZBA-03-2023 (By-law 8-2023, Lakeshore By-law 2-2012, as amended), to permit air conditioning units and heat pumps in the interior side yard; remove reference to “free standing” air conditioning units and heat pumps; require air conditioning units, heat pumps, and small-scale generating systems to be located no closer to municipal drains than the setback requirements that apply to buildings and structures; revise encroachment permissions for small-scale generating systems by requiring a minimum 1.2 metre setback from rear and interior side lot lines; introduce a penalty section necessary to conduct enforcement, and; restore the previous Hamlet Commercial Exception 9 Zone (HC-9) affecting 2730 County Road 42 which did not permit transport trailers to be used for storage on the property.

3.
Greenhouse Study Public Meeting

1.Greenhouse Study Public Meeting.pdf

2.Attachment 1 Draft Official Plan Amendment.pdf

3.Attachment 2 – Zoning By-law Amendment.pdf

4.Attachment 3 Residental Zoned Properties 300m Buffer.pdf

5.Attachment 4 Residental Zoned Properties 1000m Buffer.pdf

Recommendation:
Adopt Official Plan Amendment OPA No. 18, to the Municipality of Lakeshore Official Plan, to include policies to regulate Large-Scale Greenhouse Farms and to adopt the implementing by-law (By-law 1-2023); and submit the amendment to the County of Essex for approval; and

Approve Zoning By-law Amendment Application ZBA-01-2023, to add a definition of a Large-Scale Greenhouse Farm, and to remove it as a permitted use in the Agricultural zone and to adopt the implementing zoning by-law (By-law 2-2023). Direct Administration to bring a report describing the scope and estimated cost of a study to consider designating a Large-Scale Greenhouse Facility “Business Park”; all as presented at the February 14, 2022, Council meeting.

9.
Public Presentations

10.
Delegations

11.
Completion of Unfinished Business

12.
Consent Agenda

Recommendation:
Approve minutes of the previous meetings and receive correspondence as listed on the Consent Agenda.

1.
January 10, 2023 Regular Council Meeting Minutes

1.Post-Meeting Minutes - RCM_Jan10_2023 - English.pdf

2.
January 30, 2023 Regular Council Meeting Minutes (2023 Budget Deliberations)

11.
Caldwell First Nation - IESO Expedited Procurement Process – Municipal Support Resolutions

1.Caldwell First Nation - IESO Expedited Procurement Process – Municipal Support Resolutions.pdf

14.
Reports for Direction

1.
IESO Municipal Support Resolution – Notice of Motion

1.IESO Municipal Support Resolution Request - Notice of Motion .pdf

2.Appendix A - Lakeshore BESS - Engineering Memo.pdf

3.Appendix B - Comprehensive MSR Requests.pdf

4.Appendix C - MSR Request Map.pdf

5.Appendix D - Capstone Infrastructure Potential Locations.pdf

Recommendation:
Whereas the Proponent, [insert legal name of Proponent], is proposing to construct and operate a Long-Term Reliability Project [insert name of long-term reliability project] at the Project Site which is located on the Subject Lands described as [insert legal description of the lands] in the Municipality of Lakeshore] in accordance with the Independent Electricity System Operator’s (IESO) E - LT1 and LT1 Request for Proposals process;

And whereas the Long-Term Reliability Project will use the Technology which is [insert technology of the long-term reliability project] and the Project is expected to have a Maximum Contract Capacity of [insert the maximum Contract Capacity in MW];

And whereas it is the Municipality of Lakeshore’s understanding that Long-Term Reliability Project proposals that receive the formal support of the local jurisdictional authorities of all the project communities in which the Long-Term Reliability Project is located in the form of a support resolution will be awarded rated criteria points for the purpose of ranking the proposal in relation to other proposals for a contract under the ELT1 RFP and LT1 RFP;

Now therefore the Council of the Municipality of Lakeshore resolves that:

The Municipality of Lakeshore supports the development, construction and operation of the Long-Term Reliability Project on the Subject Lands; As per the criteria introduced in the Notice of Motion, Council supports Comber BESS, Southwest Ontario Energy Storage Project, Tilbury BESS, and Rochester Townline Energy Storage Project.

This resolution's sole purpose is to enable the Proponent to receive rated criteria points under E-LT1 RFP and LT1 RFP or to satisfy its obligations under any awarded E-LT1 or LT1 Contract and may not be used for any other form of approval in relation to a proposal or Long-Term Reliability Project, planning approval, to satisfy environmental requirements or the process, or for any other purpose; and

This approval is subject to individual Environmental Assessment reviews and land use planning review and approval pursuant to the Planning Act, all as presented at the February 14, 2023 Regular Council Meeting.[Administration recommends Projects 11, 15, 12 and 2 based on Council’s January 30, 2023 resolution.]

2.
Admiral’s Cove Development – Amendment to the Development Agreement

1.Admiral's Cove Development - Amendment to the Development Agreement.pdf

2.Attachment 1 Existing Development Agreement, 2014, Admirals Cove.pdf

Recommendation:
Approve the amendment to the Development Agreement for the Admiral’s Cove Development between the Municipality of Lakeshore, 507822 Ontario Inc. and 1403543 Ontario Inc.; and

Direct the Clerk to read By-law 14-2023 during the “Consideration of By-laws” to authorize the Mayor and Clerk to execute an amendment to the Development Agreement dated December 9, 2014 as presented at the February 14, 2023, Regular Council meeting.

3.
Bridges over the Malden Road Drain

1.Bridges over the Malden Road Drain .pdf

Recommendation:
Award the tender for the bridges over the Malden Road project to Shepley Excavating Limited in the amount of $99,724.80 (including applicable HST), as presented at the February 14, 2023 Council meeting.

4.
Tender Award for Professional Consulting Services for the Lakeview Park, Marina, Pier & West Beach Upgrades

1.RFP Award - Professional Consulting Services Related to the Lakeview Park, Marina, Pier and West Beach Upgrades.pdf

Recommendation:
Award the tender for Professional Consulting Services to undertake the detailed design for the Lakeview Park, Marina, Pier & West Beach Upgrades to Seferian Design Group Limited for a total project cost of $608,585.86, including applicable HST, and approve an additional $130,697.86 to be funded from the parks reserve fund, as presented at the February 14, 2023 Council meeting

5.
National Site Licence Agreement with TELUS Communication Inc.

1.Approval - TELUS National Site License Agreement .pdf

2.TELUS ON1409 National Site Licence Agreement.pdf

Recommendation:
Approve entering into a revised National Site Licence Agreement with TELUS Communication Inc. to allow for the existing communications tower to remain at 592 St. Charles Street in Belle River, as presented at the February 14,2023 Council meeting; and that the necessary by-laws be prepared.

6.
Amendment to the Procedural By-law – Hybrid Meetings & Electronic Voting

1.Procedural By-law Amendment - Electronic Voting and Hybrid Meetings.pdf

Recommendation:
Direct the Clerk to read By-law 18-2023, being a By-law to Amend By-law 94-2017 being a Comprehensive By-law to Provide Rules Governing the Proceedings of the Council of the Town of Lakeshore and the Conduct of its Members, to amend the provisions of the by-law to enable electronic voting by Council Members and clarify the by-law in relation to hybrid meetings, as further described in the report presented at the February 14, 2023 Council meeting.

7.
2023 Budget Adoption

1.2023 Budget Adoption.pdf

2.Municipality of Lakeshore Budget 2023 - Final.pdf

Recommendation:
Direct the Clerk to read By-Law 9-2023, adopting the 2023 Budget Estimates, during the Consideration of By-laws; and

Direct Administration to publish the 2023 Budget Book.

15.
Announcements by Mayor

16.
Reports from County Council Representatives

17.
Report from Closed Session

18.
Notices of Motion

19.
Question Period

20.
Non-Agenda Business

21.
Consideration of By-laws

Recommendation:
By-laws 1-2023, 2-2023, 8-2023, 9-2023, 10-2023, 12-2023, 14-2023, 15-2023 and 18-2023 be read and passed in open session on February 14, 2023.