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HomeMy WebLinkAboutJanuary 06, 2022 - Council - Regular Meeting of CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — Held Virtually Thursday, January 6, 2022 7:00 p.m. The January 6, 2022 Council Meeting was held virtually via Zoom and livestreamed on YouTube. PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS STAFF PRESENT: CAOICLERK DEPUTY CLERK DEPUTY CLERKIPLANNING COORDINATOR TREASURER FIRE CHIEFIBYLAW ENFORCEMENT OFFICER IBI GROUP PLANNING TECHNOLOGIST CJDL ENGINEERING CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER C. VALERIE DONNELL DANFROESE SUSAN CHILCOTT THOMAS THAYER BRENDA GIBBONS MARGARET UNDERHILL LORNE JAMES HARRY BARANIK PAUL RILEY ANDREW GILVESY 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Chilcott declared a conflict of interest in Item 10.2-B re Draft Plan of Subdivision Application — 34T-BY2101 Sandytown Road, Straffordville due to the proximity to her property. Councillor Chilcott was not present for discussion of the Item. No other disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Verbal Item re labour relations or employee negotiations (Compensation) added as Item 14.1-A 4. ANNOUNCEMENTS A. Councillor Donnell announced there were 308 attendees at the Vaccination Clinic in Port Burwell, January 6, 2022 B. Mayor Ketchabaw announced a Vaccination Clinic at the Straffordville Community Centre is scheduled for Thursday, January 13, 2022 from 11:00 a.m. to 6:00 p.m. Walk ins are welcome. 2022 Council Minutes 5. DELEGATIONS January 6, 2022 A. Tracey Arts and Laura Fraser of Elgin Federation of Agriculture re Importance of Preserving Farmland in Elgin County Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the presentation by Tracey Arts and Laura Fraser of Elgin Federation of Agriculture re Importance of Preserving Farmland in Elgin County be received for information. Recorded vote: Member of Council YES Councillor C. Valerie Donnell x Councillor Dan Froese Councillor Susan Chilcott x Deputy Mayor Rainey Weisler Mayor Ed Ketchabaw x CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held December 16, 2021 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler NO THAT the minutes of the Council Meeting held December 16, 2021 be adopted. Recorded vote: 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 CARRIED NIIIIIIIII[► leyl[Qa6y1&BjKOU[941156]yu[oirlr[0 Ll I 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information NO 2 2022 Council Minutes 8.1.2 Requiring Action 3.2 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 January 6, 2022 A. Report FR-01/22 by Harry Baranik, Fire ChieflBy-law Enforcement Officer re Fire Communications Agreement and Equipment Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report FR-01/22 re Fire Communications Agreement and Equipment be received for information; AND THAT a by-law authorizing the execution of an Intermunicipal Agreement for Joint Ownership of Fire Communications Equipment for the Municipalities within the County of Elgin 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 j x Mayor Ed Ketchabaw x NUB Sol Sol ILN91 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information NO A. Notice of Passing of Zoning By -Law No. Z735-2021 W. Anderson and P. Smith, 9743 Plank Road Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT correspondence item 10.1.1-A be received for information. Recorded vote: 2022 Council Minutes January 6, 2022 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 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-01/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Site Plan Agreement — Lighthouse Gospel Church Trustees By-law No. 2022-002 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-01/22 regarding the Lighthouse Gospel Church Trustees Site Plan Agreement be received for information; AND THAT By-law No. 2022-002, being a By-law to authorize the execution of a Site Plan Agreement between Lighthouse Gospel Church Trustees and the Municipality of Bayham for development at the property known as 59 Victoria Street Port Burwell be presented for enactment. 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 _::1W7 Councillor Chilcott was not present for discussion of Item 10.2-B H. Report DS-02/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Draft Plan of Subdivision Application — 34T-BY2101 Sandytown Road, Straffordville Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Staff Report DS-02/22 regarding the Draft Plan of Subdivision 34T-BY2101 for 1985763 Ontario Inc. 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 4 2022 Council Minutes January 6, 2022 November 18, 2021 associated with this application, verbal and written submissions were received; AND THAT all considerations regarding this matter were taken into account in Council's decision passing this resolution; AND THAT Council supports the 39-lot Draft Plan of Subdivision in principle; AND THAT Council request the County of Elgin consider including the following as conditions of Draft Plan approval: That the Owner shall redesign the end of Street "A" to include an adequate turnaround illustrating standard truck/emergency vehicle turning movements That a peer review of the Hydrogeological Assessment dated as revised November 29, 2021, is completed confirming adequacy of the proposed private onsite water services, to the satisfaction of the appropriate approval authority. That the streets on the Draft Plan shall be named to the satisfaction of the Municipality of Bayham. That the streets on the Draft Plan shall provide connection to Sandytown Road (Phase 1) and Stewart Road (Phase 2) and are to be dedicated as open public roads prior to final approval. That any open sides of road allowances created by this Draft Plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust by, the Municipality as applicable. That the Owner shall provide easements as may be required for services, utility, or drainage purposes in a form satisfactory to the Municipality or utility. That the Owner design and construct the proposed pumping station to provide adequate connection to the municipal sewers and that the Subdivision Agreement shall make provision for the assumption and operation by the Municipality of Bayham of the sanitary sewer system within the Draft Plan, subject to the approval of the Municipality of Bayham Water/Wastewater Department. Prior to final approval, the Owner shall submit for approval, detailed servicing plans designed in accordance with the Municipality of Bayham Design and Construction Standards to the satisfaction of the Municipality of Bayham. That the Owner enters into a Subdivision Agreement containing provisions for the timing of the development in two Phases, pursuant to the authority of the Planning Act, as amended, with the Municipality of Bayham wherein the Owner agrees to satisfy all the requirements, financial and otherwise, of the Municipality of Bayham concerning the installation of services including roads, utilities, and storm water management facilities required for the development of the lands within the Plan with securities. That prior to any grading or construction of the site and prior to final approval, the 2022 Council Minutes January 6, 2022 Owner shall submit the following: a) A final storm water management report to be submitted to the Municipality and Long Point Region Conservation authority for review and approval b) An erosion and siltation control plan to the satisfaction of the Municipality and Long Point Region Conservation Authority for review and approval c) A final lot grading and drainage plan to the satisfaction of the Municipality and Long Point Region Conservation Authority for review and approval d) Completion of any necessary applications under the Drainage Act to provide a legal outlet for storm water use. That any environmental protection measures recommended in the storm water management plan required by Condition 10 above, that are not capable of being addressed under the Ontario Water Resources Act, be implemented through the Subdivision Agreement. That any lands containing the storm water treatment system are to be assumed by the Municipality, at the cost of the Owner. The Subdivision Agreement shall include provisions that require the Owner to establish sidewalks and streetlights at no cost to the Municipality of Bayham to the satisfaction of the Municipality of Bayham Design and Construction Standards. That the "h2" holding symbol is removed by way of Zoning By-law Amendment to ensure orderly development through a Subdivision Agreement between the Owner and the Municipality, which addresses financial and servicing impacts of new development to the Municipality. That prior to final approval, the Owner provide an adequate water supply system necessary for fire protection to the satisfaction of the Municipality. That the Owner provides cash -in -lieu of parkland in accordance to the Municipality of Bayham Cash in Lieu of Parkland By-law 2020-053. That the Subdivision Agreement between the Owner and the Municipality be registered against the lands to which it applies once the Plan of Subdivision has been registered. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 2022 Council Minutes January 6, 2022 11.1.1 Receive for Information A. Town of Fort Erie re City of St. Catharines' Resolution — National Childcare Program B. Town of Bradford West Gwillimbury re Motion Against Quebec's Bill 21 C. Susanne Schlotzhauer re Port Burwell Stormwater Drainage System Upgrades D. Multi -Municipal Wind Turbine Working Group re Wind Turbine Failures E. Southwestern Public Health re Southwestern Public Health Rescinds Letter of Instruction for Reinstating Capacity Limits Moved by. Councillor Donnell Seconded by: Councillor Chilcott THAT correspondence items 11.1.1-A - 11.1.1-E 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 11.1.2 Requiring Action A. Susanne Schlotzhauer re Continued Livestreaming of Council Meetings and Making Recordings Publically Available for Viewing at Leisure Moved by: Councillor Donnell Seconded by: Councillor Froese THAT correspondence from Susanne Schlozhauer re Continued Livestreaming of Council Meetings and Making Recordings Publically Available for Viewing at Leisure be received for information; AND THAT Council direct staff to bring forward a Report regarding Council meetings being recorded and made publically-available. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x 7 2022 Council Minutes Mayor Rainey Weisler E x Ed Ketchabaw x January 6, 2022 CARRIED B. Poplar Ridge Riders Snowmobile Club re Snowmobile Trail through Vienna Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT correspondence from Poplar Ridge Riders Snowmobile Club be received for information; AND THAT Staff be directed to provide correspondence to Poplar Ridge Riders Snowmobile Club advising they refer their request to the County of Elgin as Plank Road is a County road. Recorded vote: Member of Council _ YES NO x _ x x x x Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy Mayor Rainey Weisler Mayor Ed Ketchabaw CARRIED 11.2 Reports to Council A. Report CAO-01/22 by Thomas Thayer, CAOICIerk re Procedural By-law Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the inclusion of a Trial Open Forum for a period of six months be approved. Recorded vote: Member of Council YE Councillor C. Valerie Donnell x Councillor Dan Froese Councillor Susan Chilcott x _ Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x Moved by: Councilor Donnell Seconded by: Councilor Chilcott THAT Report CAO-01/22 re Procedural By-law be received for information; 8 2022 Council Minutes January 6, 2022 THAT the amendments as noted in Report CAO-01/22 be approved; AND THAT staff be directed to bring forward a Procedural By-law for Council consideration. Recorded vote: Member of Council YES ! IUD Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw CARRIED 12. BY-LAWS A_ By-law No. 2022-002 Being a by-law to authorize the execution of a Site Plan Agreement between Lighthouse Gospel Church Trustees and The Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-01122 by Margaret Underhill, Deputy ClerkiPlanning Corordinator during the regular meeting of January 6, 2022) B. By -Law No. 2022-003 Being a by-law to adopt Rules of Procedure (This by-law follows the recommendation in Report CAO-01-22 by Thomas Thayer, CAOICIerk during the regular meeting of January 6, 2022) C. By-law No. 2022-004 Being a by-law to authorize the execution of an Intermunicipal Agreement for Joint Ownership of Fire Communications Equipment between The Corporation of the Municipality of Bayham, The Corporation of the Town of Aylmer, The Corporation of the Municipality of Central Elgin„ The Corporation of the Municipality of Dutton/Dunwich, The Corporation of the Township of Malahide, The Corporation of the Township of Southwold and The Corporation of the Municipality of West Elgin (This by- law follows the recommendation in Report FR-01122 by Harry Baranik, Fire ChieflBy-law Enforcement Officer during the regular meeting of January 6, 2022) Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT By-law No. 2022-002, By-law No. 2022-003 and By-law No. 2022-004 be read a first, second and third time and finally passed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x 2022 Council Minutes Deputy Mayor Rainey Weisler Mayor Ed Ketchabaw 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Chilcott Seconded by: Councillor Donnell January 6, 2022 x i CARRIED THAT the Council do now rise to enter into an "In Camera" Session at 8:22 p.m. to discuss: + labour relations or employee negotiations (Compensation) Recorded vote: Member of Council YES NO x x x x Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy Mayor Rainey Weisler Mavor Ed Ketchabaw Council recessed for a short break at 8:22 p.m. and reconvened at 8:31 p.m. A. Verbal Item re labour relations or employee negotiation (Compensation) 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 8:45 pm and report on Closed Session Item A. labour relations or employee negotiations (Compensation) Recorded vote: Member of Council YES x x x NO Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy Mayor Rainey Weisler x Mavor Ed Ketchabaw x 10 2022 Council Minutes CARRIED Moved by: Councillor Donnell Seconded by: Councillor Chilcott January 6, 2022 THAT Verbal Item re Labour Relations, Employee Negotiations (Compensation) be received for information. AND THAT staff proceed as directed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler Mayor Ed Ketchabaw x CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-005 Being a by-law to confirm all actions of Council Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Confirming By-law No. 2022-005 be read a first, second and third time and finally passed. 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 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:48 p.m. Recorded vote: 11 2022 Council Minutes CARRIED p ~MAYOR CLERK':, ' January 6, 2022 12