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Home My WebLink AboutDecember 02, 2021 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — Held Virtually Thursday, December 2, 2021 7:00 p.m. 6:45 p.m. Committee of Adjustment A. Countryside Communities Inc. A-25/21 B. Countryside Communities Inc. A-26/21 7:30 p.m. Public Meeting - Planning A. Official Plan Amendment No. 27 B. Wayne Anderson and Patti Smith The June 17, 2021 Council Meeting was held virtually via Zoom and livestreamed on YouTube. PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS 0 TA ED KETCHABAW RAINEY WEISLER C. VALERIE DONNELL DANFROESE SUSAN CHILCOTT CAOICLERK THOMAS THAYER DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERKIPLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNEJAMES FIRE CHIEFIBY-LAW ENFORCEMENT OFFICER HARRY BARANIK CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:04 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3_ REVIEW OF ITEMS NOT LISTED ON AGENDA A. Report CAO-50/21 by Thomas Thayer, CAOICIerk, re Ontario Trillium Foundation — Resilient Communities Fund added as Item 11.2-E E3. Confidential Report CAO-54/21 re labour relations or employee negotiations (Human Resources) added as Item 14.1-C C. Verbal Item re litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Property Tax Matters) added as Item 14.1-D 2021 Council Minutes 4. ANNOUNCEMENTS December 2, 2021 A. Deputy Mayor Weisler advised the Lighting of the Lights hosted by the Straffordville EMC Church in the Straffordville Parkette is scheduled for Friday, December 3, 2021 at 6:30 p.m. Southwestern Public Health COVID protocols will be in place. B. Councillor Donnell advised the Bayham Beachfest Committee is hosting the 2021 Port Burwell Santa Claus parade Saturday, December 4, 2022 at 6:00 p.m. Parade participants are asked not to throw candy. Santa will be at the Lighthouse with goodies following the parade. South Western Public Health COVID protocols will be in place. r. Councillor Chilcott advised the Straffordville Santa Claus Parade hosted by the Straffordville Hall Foundation will be held Saturday, December 11, 2021 at 10:30 a.m. Participants are to arrive at the Straffordville Community Centre parking lot by 10:00 a.m. Those wishing to hand out candy must wear masks and gloves. Bags of candy will be available at the pavilion following the parade. D Mayor Ketchabaw advised Southwestern Public Health has issued a Letter of Instruction outlining restrictions to capacity limits due to high number of infections and low vaccination rates in certain areas. He reminded all to exercise caution, be safe, be smart and stay apart in order to all get through this together. F. The Treasurer advised of a two week delay in posting the 2022 — 2023 Operating Budget due to delays receiving 2022 Roll Assessment from MPAC. 5. DELEGATIONS A. Presentation by Olivia Lahaie, Jaiman Chin and Connor Sharp of StrategyCorp re RMA findings Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the presentation by Olivia Lahaie, Jaiman Chin and Connor Sharp of StrategyCorp re RMA findings be received for information. Recorded vote: Member of Council Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy Mavor Rainev Weisler I Mavor Ed Ketchabaw I YES NO x x x x o Council recessed for the Public Meeting at 7:30 p.m. and reconvened at 7:36 p.m. 2021 Council Minutes December 2, 2021 B. Kim Earls of SCOR EDC re Annual Partner Update Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the presentation by Kim Earls of SCOR EDC re Annual Partner Update be received for information. Recorded vote: Member of Council Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deoutv Mavor Rainev Weisler Mayor Ed Ketchabaw YES I NO x x x x CARRIED C. Derek Richmond of Canadian Union of Postal Workers re Expanding Service at Canada Post Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the presentation by Derek Richmond of Canadian Union of Postal Workers re Expanding Service at Canada Post be received for information. Recorded vote: Member of Council YES Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mavor Ed Ketchabaw x CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held November 18, 2021 B. Statutory Planning Meeting held November 18, 2021 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler NO THAT the minutes of the Council Meeting held November 18, 2021 and the minutes of the Statutory Planning Meeting held November 18, 2021 be adopted. 2021 Council Minutes Recorded vote: December 2, 2021 Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x _ 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 A. Report FR-05/21 by Harry Baranik, Fire ChieflBy-law Enforcement Officer re Emergency Response Plan Update Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report FR-05/21 re 2021 Emergency Response Plan Update be received for information; AND THAT a by-law to adopt the Emergency Response Plan be brought forward for Council's consideration Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x 4 2021 Council Minutes CARRIED 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information December 2, 2021 A. Notice of Public Meeting re Proposed Official Plan Amendment — OPA No. 27, Municipality of Bayham B. Notice of Public Meeting re Proposed Zoning By-law Amendment, Wayne Anderson and Patti Smith, 9743 Plank Road, Eden C. Notice of Public Meeting re Proposed Minor Variance A-25/21 Countryside Communities Inc. c/o Cale Barnes, Lot 24 West Side of Oak Street on Registered Plan 54, Vienna D. Notice of Public Meeting re Proposed Minor Variance A-26/21 Countryside Communities Inc. c/o Cale Barnes, Lot 24 East Side of Snow Street on Registered Plan 54, Vienna Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT correspondence items 10.1.1-A - 10.1.1-D be received for information. Recorded vote: Member of Council Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy Mayor Rainey Weisler Mayor Ed Ketchabaw CARRIED 10.1.2 Requiring Action 10.2 Reports to Council NO A. Report DS-65/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent Applications E89-21 and E90-21 Community of Christ — Corinth Congregation Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-65/21 regarding Consent Applications E89-21 and E90-21 for Community of Christ — Corinth Congregation be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E89-21 and E90-21 be granted subject to the following conditions and considerations: 5 2021 Council Minutes December 2, 2021 Installation of a private well on the severed lot 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. Rezoning the severed lot from Institutional (1) Zone to Hamlet Residential (HR) Zone to permit residential development/use 3_ Cash -in -lieu of Parkland Fee for severed lot payable to the municipality 4_ Municipal lot assessment for soil evaluation (septic) 5. Confirmation of the actual location of the existing septic bed to confirm suitable setback from the lot line Parcel "B" 6. Digital copy of the final survey provided to the municipality 7. Purchase civic number signage for the severed lot 8. Planning Report fee payable to the municipality 9. Engineered drainage plan for the severed and retained lands 10. Confirmation of suitability of access to County Rd 44 (Eden Line) Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x _ Mayor Ed Ketchabaw Ix CARRIED E. Report DS-66/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Official Plan Amendment No. 27 — Partial Services in Straffordville/Eden By-law No. 2021-066 Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-66/21 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 December 2, 2021 regarding revising policy criteria for partial servicing policies in Straffordville and Eden, there were no written or verbal public submissions regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT the proposed amendment is consistent with the Provincial Policy Statement 2020 and the Elgin County Official Plan; AND THAT By-law 2021-066, being an adopting By-law for Official Plan Amendment No. 27 regarding revised partial servicing policies for the Village of Straffordville and Hamlet of Eden in the Municipality of Bayham, be presented for enactment; AND THAT adopted Official Plan Amendment No. 27 be forwarded to the County of Elgin for approval. 2021 Council Minutes Recorded vote: December 2, 2021 Member of Council YES NO Councillor C. Valerie Donnell x _ Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Township of Wainfleet re Lake of Bays Resolution Requesting Support for Federal and Provincial Funding of Rural Infrastructure Projects B. Municipality of Chatham Kent Support Resolution re Huron County Homeless Task Force C. Municipality of Chatham Kent Support Resolution re City of Kitchener Renovictions D. Municipality of Chatham Kent Support Resolution re City of Kitchener Vaccine Passport Program E. Town of LaSalle re COVID-19 Testing Requirement at Land Border F. OMERS Bulletin re Investment Performance G. Southwestern Public Health re Santa Claus Parades and Seasonal Gatherings, Festive Occasions and other FalUWinter Events Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT correspondence items 11.1.1-A - 11.1.1- G be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x ] Councillor Dan Froese x _ Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 7 2021 Council Minutes December 2, 2021 11.1.2 Requiring Action 11.2 Reports to Council A. Report TR-17/21 by Lorne James, Treasurer re Clearbeach Property Tax Write Off Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Staff Report TR-17/21 re Clearbeach Property Tax Write-off be received for information. THAT Council direct the Treasurer to write off taxes for Clearbeach Resources Inc. in the amount of $647,415.48 and claw -back unpaid taxes from the upper tier and school boards. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell Councillor Dan Froese x Councillor Susan Chilcott Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x i �7_mr- B. Report TR-18/21 by Lorne James, Treasurer re Development Charges — Water/Wastewater Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report TR-18/21 re Development Charges be received for information; AND THAT Council direct to engage in Watson & Associates Economists Ltd. to bring forth a Development Charge study for Water and Wastewater capital charges. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x I Councillor Dan Froese x Councillor Susan Chilcott x _ Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED A 2021 Council Minutes December 2, 2021 C. Report CAO-49/21 by Thomas Thayer, CAOIClerk re Stop -Up and Close — Part 4, Plan 11 R-10789 (Snow Street, Vienna) Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-49/21 re Stop -Up and Close — Part 4, Plan 11 R-10789 (Snow Street, Vienna) be received for information; AND THAT a by-law to stop -up and close Part 4 of Plan 11 R-10789, being a part of the Snow Street road allowance, Vienna, be brought forward for Council's consideration. Recorded vote: Member of Council YES Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mavor Ed Ketchabaw x CARRIED NO D. Report CAO-51/21 by Thomas Thayer, CAOICIerk re 2021 Municipal Assistance — EarlyON Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-51/21 re 2021 Municipal Assistance - EarlyON be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham grants permission for the EarlyON Child and Family Centre — East Elgin to use: • The Straffordville Community Park Pavilion on Tuesday mornings from 9:30 a.m. — 11:30 a.m. The Port Burwell Pavilion on Thursday mornings from 9:30 a.m. — 11:00 a.m. until the end of February 2022 subject to provision of liability insurance certificate in the minimum amount of $2,000,000.00 naming the Municipality of Bayham as additional insured; AND THAT the cleanup of the requested locations be the responsibility of the organizers. AND THAT all Municipal Assistance Approvals are subject to public health guidelines and provincial regulations and Council may revoke said approvals as required. 9 2021 Council Minutes Recorded vote: Member of Council Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott ty Mayor Rainey Weisler r Ed Ketchabaw x x x X CARRIED December 2, 2021 L. Report CAO-50/21 by Thomas Thayer, CAOIClerk re Ontario Trillium Foundation — Resilient Communities Fund Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-50/21 re Ontario Trillium Foundation — Resilient Communities Fund be received for information; AND THAT Council supports an application to the Ontario Trillium Foundation — Resilient Communities Fund for a hybrid meeting solution for Municipal Council meetings. Recorded vote: Member of Council YES x NO Councillor C. Valerie Donnell Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 12. BY-LAWS A. By-law No. 2021-065 Being a by-law requiring an Emergency Management Program for the protection of public safety. health, the environment, the critical infrastructure and property and to promote economic stability and a disaster -resilient community (This by- law follows the recommendation in Report FR-05121 by Harry Baranik, Fire Chiel By-law Enforcement Officer during the regular meeting of December 2, 2021) B. By-law No. 2021-066 Being an amending by-law for Official Plan Amendment No. 27 regarding partial services in the Village of Straffordville and Hamlet of Eden (This by-law follows the recommendation in Report DS-66121 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of December 2, 2021) C. By-law No. 2021-067 Being a by-law to authorize the execution of an operating and maintenance lease agreement between The Corporation of the Municipality of Bayham and Straffordville Hall Foundation (This by-law follows the recommendation in Report lC 2021 Council Minutes December 2, 2021 CAO-44121 by Thomas Thayer, CA01Clerk during the regular meeting of November 18, 2021) U. By-law No. 2021-068 Being a by-law to stop up and close part of the road allowance between Fulton Street and Ann Street in the Municipality of Bayham, in the County of Elgin designated as Part 4 on Registered Plan 11 R-10789 (Snow Street) (This by-law follows the recommendation in Report CAO-49121 by Thomas Thayer, CA01Clerk during the regular meeting of December 2, 2021) Moved by: Councillor Froese Seconded by: Councillor Donnell THAT By-law No. 2021-065, By-law No. 2021-066, By-law No. 2021-067 and By-law No. 2021-068 be read a first, second and third time and finally passed. Recorded vote: Member of Council I YES Councillor C. Valerie Donnell x Councillor Dan Froese _ x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler _ x Mavor Ed Ketchabaw x CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott NO THAT the Council do now rise to enter into an "In Camera" Session at 8:59 p.m. to discuss: o a proposed or pending acquisition or disposition of land by the municipality or local board (Facilities) * labour relations or employee negotiations (Human Resources) • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Property Tax Matters) Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x I x x Councillor Dan Froese Councillor Susan Chilcott Deoutv Mavor Rainev Weisler x 11 2021 Council Minutes Mayor Ed Ketchabaw December 2, 2021 .. Confidential Report re a proposed or pending acquisition or disposition of land by the municipality or local board (Facilities) B. Confidential Report re labour relations or employee negotiations (Human Resources) C. Confidential Report re labour relations or employee negotiations (Human Resources) F). Verbal Item re litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Property Tax Matters) 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 9:42 pm and report on Closed Session Item A. a proposed or pending acquisition or disposition of land by the municipality or local board (Facilities), Item B. labour relations or employee negotiations (Human Resources), Item C. labour relations or employee negotiations (Human Resources) and Item D. litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Property Tax Matters) Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott _ x Deputy Mayor Rainey Weisler x Mavor Ed Ketchabaw x CARRIED Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Confidential Report CAO-52/21 re Sale or Disposition of Land (Facilities) be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham declares Parts 4 and 5 on Plan 11 R-10789, being the Vienna Community Centre and parking lot, subject to potential sale; AND THAT the Municipality provide twenty-five (25) days' notice for the submission of public comment on the potential sale. 2021 Council Minutes Recorded vote: Member of Council YI Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x _ x x Deputy Mayor Rainey Weisler Mayor Ed Ketchabaw CARRIED Moved by: Councillor Chilcott Seconded by: Councillor Donnell December 2, 2021 NO THAT Confidential Report CAO-53/21 re Labour Relations, Employee Negotiations (Human Resources) be received for information. AND THAT staff proceed as directed. Recorded vote: Member of Council Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy Mayor Rainey Weisler Moor Ed Ketchabaw YES x x x x CARRIED Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler NO x THAT Confidential Report CAO-54/21 re Labour Relations, Employee Negotiations (Human Resources) be received for information. Recorded vote: Member of Council YES_ NO Councillor C. Valerie Donnell x Councillor Dan Froese x x Councillor Susan Chilcott Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 13 2021 Council Minutes Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell December 2, 2021 THAT Confidential Verbal Item re litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board (Property Tax Matters) be received for information AND THAT Staff proceed as directed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x x mayor Ed Ketchabaw CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2021-069 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2021-069 be read a first, second and third time and finally passed. Recorded vote: Member of Council Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy Mayor Rainey Weisler Mayor Ed Ketchabaw _ 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell YES x X x 16, CARRIED THAT the Council meeting be adjourned at 9:46 p.m. NO 14 2021 Council Minutes Recorded vote: Member of Council Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy. Mayor Rainey Weisler Mavor Ed Ketchabaw YES x x x x x CARRIED December 2, 2021 N# 0 is