HomeMy WebLinkAboutMay 06, 2021 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, May 6, 2021
7:00 p.m.
6:45 p.m. Committee of Adjustment
A. Jacquelin Ditchfield
7:30 p.m. Public Planning Meeting
A. Timothy and Samantha Harms
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS C. VALERIE DONNELL
DANFROESE
SUSAN CHILCOTT
STAFF PRESENT
CAOICLERK
THOMAS THAYER
DEPUTY CLERK
BRENDA GIBBONS
DEPUTY CLERKIPLANNING COORDINATOR
MARGARET UNDERHILL
TREASURER
LORNEJAMES
MANAGER OF CAPITAL PROJECTS1
WATER/WASTEWATER
ED ROLOSON
MANAGER OF PUBLIC WORKS
STEVE ADAMS
FIRE CHIEFIBY-LAW ENFORCEMENT OFFICER
HARRY BARANIK
CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Froese declared pecuniary interest in Item 10.1.1-C as the application deals with his
lands.
3_ REVIEW OF ITEMS NOT LISTED ON AGENDA
A. PROCEDURAL MOTION
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Section 6.15.1(K) of the Municipality of Bayham Procedural By- law be suspended
for the duration of the May 6, 2021 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
Councillor C. Valerie Donnell x
Councillor Dan Froese x
Councillor Susan Chilcott x
Deputy Mayor Rainey Weisler x
Mayor Ed Ketchabaw x
NO
2021 Council Minutes
CARRIED
4. ANNOUNCEMENTS
5. DELEGATIONS
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Council Meeting held April 15, 2021
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the minutes of the Council Meeting held April 15, 2021 be adopted.
CARRIED
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
May 6, 2021
A. Report PS-05/21 by Steve Adams, Manager of Public Works re Household Large Items
& Hazardous Waste
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report PS-05/21 re Household Large Items & Hazardous Waste be received for
information;
AND THAT Staff be directed to:
• Investigate methods to increase education pertaining to garbage and recycling
programs and resources;
• Liaise with Norfolk County and Norfolk Disposal pertaining to user -fee curbside
large item pick-up;
• Identify areas prone to illegal dumping;
Investigate costing for trail cams and signage for targeted enforcement;
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AND THAT Staff report back to Council on the identified approaches.
CARRIED
B. Report BL-02/21 by Harry Baranik, Fire ChiefjBy-Law Enforcement Officer re
Amendment to By-law 2015-070 — Prohibited Animal By-law
Moved by: Deputy Mayor Weisler
Seconded by: Councilor Chilcott
THAT Report BL-02/21 re Amendment to By-law 2015-070 — Prohibited Animal By-law
for the Municipality of Bayham be received for information;
AND THAT Section 2.9 be amended to read:
2.9 No person shall keep, own, harbor, or permit to be kept, owned or
harboured any livestock within the Municipality of Bayham and furthermore,
livestock, including animals such as pets raised or housed for recreational
or hobby purposes, shall not be kept in identified areas in accordance with
the Municipality of Bayham Zoning By -Law No. Z456-2003, as amended.
CARRIED
10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Public Meeting re Proposed Zoning By-law Amendment — Timothy and
Samantha Harms, 8542 Plank Road
B. Second Notice of Public Meeting re Proposed Minor Variance — Jacquelin Ditchfield, 2
Elizabeth Street, Port Burwell
C. Notice of Public Meeting re Proposed Zoning By-law Amendment — Dan Froese Farms
Inc., 7462 Plank Road
D. Notice of Public Meeting re Proposed Zoning By-law Amendment — George and Susie
Guenther, 53768 Heritage Line, Richmond
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT correspondence items 10.1.1-A - 10.1.1-D be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
2021 Council Minutes
May 6, 2021
A. Report DS-27/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Applications E32-21, E33-21, E34-21 and E35-21 Froese, J. Eden
Moved by: Councillor Donnell
Seconded by: Councilor Froese
THAT Report DS-27/21 re the Consent Applications E32-21 — E35-21 submitted by
Jesse Froese be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E32-35/21 be granted subject to the following conditions:
I . Installation of individual private wells 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
2. Engineer designed overall lot grading/drainage plan showing direct connection to
the existing Municipal Drain
3 Rezoning of the severed lands to remove the Holding (h2) Zone by entering into
a Subdivision Agreement with the municipality
4. Digital copy of the registered plan of survey
5. Cash in Lieu of Parkland Dedication fee for each of four created lots
6. Purchase civic number signs for each of four created lots
7. Planning Report fee payable to the Municipality
B. Report DS-28/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E36-21 Vander Deen — Lot Addition
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Staff Report DS-28/21 re Consent application E36-21 Vander Deen be received
for information;
AND THAT Council supports and recommends to the Elgin County Land Division
Committee that Consent Application E36-21, submitted by Benjamin, John and Teresa
Vander Deen be granted subject to the following considerations and conditions:
1. Digital Copy of the final survey
2. Planning report fee payable to the municipality
3. Letter of Undertaking from a solicitor/lawyer confirming the severed lands from
5934 Richmond Road will merge on title with the lands at 5906 Richmond Road
4. Rezoning of the retained lands to a site -specific Rural Residential (RR) Zone to
recognize residential use in accordance to the Official Plan and reduced front
yard setback
w4. Rezoning of the merged lands, the severed lands and the 5906 Richmond Road
lands to a Rural Residential (RR) Zone to recognize residential use in
accordance to the Official Plan
CARRIED
2021 Council Minutes May 6, 2021
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Township of Essa re Support — Bill 257, Schedule C
B. City of Kitchener and Township of Georgian Bay re Planning Act Timelines
C. Township of Archipelago and Town of Fort Erie re Road Management Action On
Invasive Phragmites
D. Town of Plympton-Wyoming re Support for 988, a 3-Digit Suicide and Crisis Prevention
Hotline
E. Municipality of Chatham Kent re Healthy, Professional News Media
F. Municipality of Calvin re Application of the Carbon Tax on Primary Agriculture Producers
G. City of Cambridge and Town of Shelburne re Paid Sick Days
H. City of Port Colborne re Cannabis Licensing and Enforcement
Town of Fort Erie re Province Investigating and Updating Source Water Protection
Legislation
J. Township of Scugog re Bus Stops on Dead End Roads
K. City of Brantford request to the Province on Ontario to withdraw its prohibition on golfing
and any other outdoor recreational activities
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT correspondence items 11.1.1-A — 11.1.1-K be received for information;
AND THAT Staff bring forward a report with further details in regard to Item 11.1.1-J.
CARRIED
11.1.2 Requiring Action
A. Elgin Group Police Services Board re OPP Contract Extension
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT correspondence dated April 27, 2021 from Elgin Group Police Services Board re
the Elgin Group's contract with Ontario Provincial Police be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham supports the
extension of the contract with Ontario Provincial Police until December 31, 2021;
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AND THAT a by-law to amend the agreement and extend the contract until December
31, 2021 be passed.
CARRIED
B. Statistics Canada / Government of Canada re 2021 Census
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT correspondence from Statistics Canada / Government of Canada be received for
information;
AND THAT the Council of The Corporation of the Municipality of Bayham supports the
2021 Census and encourages all residents to complete their census questionnaire online
at www.census.gc.ca for the reason that accurate and complete census data supports
programs and services that benefit our community.
CARRIED
11.2 Reports to Council
A. Report TR-09/21 by Lorne James, Treasurer re 2021 Gas Tax Allocation
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Staff Report TR-09/21 re 2021 Gas Tax Allocation be received for information;
AND THAT Council direct staff to reserve the additional 2021 top up to the Gas Tax
Reserve.
CARRIED
B. Report TR-10/21 by Lorne James, Treasurer re Interac e-Transfer Payments
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Staff Report TR-10/21 re E-transfer Payment be received for information;
AND THAT Council direct staff to complete forms, emails and implementation with Royal
Bank.
CARRIED
12. BY-LAWS
A. By-law No. 2021-026 Being a by-law to amend By-law No. 2015-070 a by-law to
prohibit or otherwise regulate the keeping of certain animals within the Municipality of
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May 6, 2021
Bayham (This by-law follows the recommendation in Report BL-01121 by Harry Baranik,
Fire ChieljBy-Law Enforcement Officer during the regular meeting of April 15, 2021 and
the recommendation in Report BL-02121 by Harry Baranik, Fire Chief By -Law
Enforcement Officer during the regular meeting of May 6, 2021)
R- By-law No. 2021-027 Being a by-law to authorize the execution of an agreement
between The Corporation of the Municipality of Bayham and Duncor Enterprises Inc.
C By-law No. 2021-028 Being a by-law to adopt the Capital Estimates for the year 2021
(This by-law follows the recommendation in Report TR-01121 by Lorne James, Treasurer
during the regular meeting of January 4, 2021)
D. By-law No. 2021-029 Being a by-law to establish a levy for the year 2021 to adopt tax
rates, provide for penalty and interest in default of payment and the collection thereof
(This by-law follows the recommendation in Report TR-01121 by Lorne James, Treasurer
during the regular meeting of January 4, 2021)
L. By-law No. 2021-030 Being a by-law to authorize the execution of an amending
agreement with Her Majesty the Queen in Right of Ontario as represented by the
Solicitor General for the provision of Police Services for the Elgin Group Municipalities
(This by-law follows the recommendation in correspondence from Elgin Group Police
Services Board dated April 27, 2021)
By-law No. 2021-031 Being a by-law to amend By-law No. 2018-005 a by-law to
govern the proceedings of the Council of the Municipality of Bayham and of its
committees and of the conduct of its members (This by-law follows the recommendation
in Report CAO-07121 by Thomas Thayer, CAOICIerk during the regular meeting of April
15, 2021)
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT By-law No. 2021-026, By-law No. 2021-027, By-law No. 2021-028, By-law No.
2021-029, By-law No. 2021-030 and By-law No. 2021-031 be read a first, second and
third time and finally passed.
CARRIED
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
14.1 In Camera
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the Council do now rise to enter into an "In Camera" Session at 8:28 p.m. to
discuss:
It Litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board
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CARRIED
A. Confidential item regarding litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board (Site Plan Agreement)
14.2 Out of Camera
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the Council do now rise from the "In Camera" session at 9:01 p.m. and report on
Closed Session Item A. litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board (Site Plan Agreement)
CARRIED
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Confidential Report CAO-08/21 re Litigation or Potential Litigation affecting the
Municipality (Site Plan Agreement) be received for information;
AND THAT Staff proceed as directed.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2021-032 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Confirming By -Law No. 2021-032 be read a first, second and third time and finally
passed.
CARRIED
16. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 9:02 p.m.
CARRIED
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