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HomeMy WebLinkAboutJune 02, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 2, 2022 7:00 p.m. PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS STAFF PRESENT: CAOICLERK DEPUTY CLERK DEPUTY CLERKIPLANNING COORDINATOR FIRE CHIEFIBYLAW ENFORCEMENT OFFICER MANAGER OF CAPITAL PROJECTS1 WATE R/WASTEWATE R 1. 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 MEAGAN ELLIOTT MARGARET UNDERHILL HARRY BARANIK ED ROLOSON 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 13.1.1 E Fisheries and Oceans Canada re Port Burwell Boardwalk 13.1.2 A Susanne Schlotzhauer re Port Burwell Boardwalk — 2 attachments 13.2 B Report CAO-26/22 by Thomas Thayer, CAOICIerk re Disconnecting from Work Policy 14. L By -Law No. 2022-044 Being a by-law to adopt a Disconnecting from Work Policy 4. ANNOUNCEMENTS Councillor Donnell announced that the Trinity Parish Hall in Port Burwell is having a penny sale on Saturday night from 6-8 p.m. Councillor Donnell congratulated the Richmond United Church for their 172nd anniversary. Councillor Chilcott reminded residents that Edison Fest is this Saturday beginning at 10 a.m. Mayor Ketchabaw announced that the Port Burwell East Beach has received Blue Flag status once again for 2022. 2022 Council Minutes 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held May 19, 2022 B. Statutory Planning Meeting held May 19, 2022 C. Statutory Drainage Meeting held May 19, 2022 Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler June 2, 2022 THAT the minutes of the Council Meeting, Planning Meeting, and Drainage Meeting held May 19, 2022 be adopted as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES — EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Decision re Minor Variance Application A-03/22 B. Notice of Decision re Minor Variance Application A-04/22 C. Notice of Decision re Minor Variance Application A-05/22 D. Notice of Passing re Zoning By -Law Amendment ZBA-12/22 2022 Council Minutes June 2, 2022 E. Notice of Public Meeting re Proposed Zoning By -Law Amendment ZBA-17/22 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A — E be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-29/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application ZBA-07/22 — Miller, 55139 Light Line Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DS-29/22 regarding the Miller rezoning application ZBA-07/22 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 May 19, 2022 associated with this application, there was one written submission and no oral presentation received regarding this matter; AND THAT all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on the property owned by David and Marianne Miller described as Concession 3 Part Lot 13, from Holding Village Residential (R1(h2/h3)) to Village Residential (R1); AND THAT Zoning By-law No. Z742-2022 be presented to Council for enactment. AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on the property owned by David and Marianne Miller described as Concession 3, Part Lot 13, from Village Residential (R1) to site -specific Village Residential (R1-18) to permit the construction of an accessory building with a maximum floor area of 139.5 m2. AND THAT Zoning By-law No. Z743-2022 be presented to Council for enactment_ CARRIED B. Report DS-30/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Garden Suite Development Agreement —Wall Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 3 2022 Council Minutes June 2, 2022 THAT Staff Report DS-30/22 regarding the Wall Development Agreement and Rezoning be received for information; AND THAT Council enter into an Agreement with Tony and Nettie Wall for the placement of a Garden Suite including provisions allowing for a ten (10) year term and a security deposit in the amount of three thousand ($3000) dollars; AND THAT By-law No. 2022-040 be presented to Council for enactment; AND THAT Zoning By-law No. Z741-2022 be presented to Council for Third and Final Reading. CARRIED C. Report DS-31/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application ZBA-14/22 — Thiessen, 53580 Vienna Line Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report DS-31/22 regarding the Thiessen rezoning application ZBA-14/22 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 May 19, 2022 associated with this application, there were no written submissions and no oral presentations received regarding this matter; AND THAT all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on the property owned by Rudolph and Nancy Thiessen described as Concession 3 Part Lot 2, from Agriculture (Al) Zone to a site -specific Agriculture (A1-42) Zone to permit a maximum of two (2) supplementary farm dwellings in the form of one (1) permanent building and one (1) temporary building with a maximum building area of 251 sq. m.; AND THAT By-law No. 2022-041 and Zoning By-law No. Z745-2022 be presented for enactment. CARRIED D Report DS-32/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application ZBA-16/22 — Klassen, 10 Oak Street Vienna Moved by: Councillor Donnell Seconded by: Councillor Chilcott 2022 Council Minutes June 2, 2022 THAT Report DS-32/22 regarding the Klassen rezoning application ZBA-16/22 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 May 19, 2022 associated with this application, there were no written submissions and no oral presentations received regarding this matter; AND THAT all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property owned by Franz and Anna Klassen located at 10 Oak street Vienna from Village Residential 1 (R1) Zone to site -specific Village Residential 1 (R1-19) Zone to permit the minimum rear yard depth of 6.8 metres for the existing dwelling; AND THAT Zoning By-law No. Z744-2022 be presented to Council for enactment. CARRIED E. Report DS-33/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application ZBA-10/22 — Borm Capital Inc., 7288 Richmond Road Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-33/22 regarding the Borm rezoning application ZBA-10/22 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 May 19, 2022 associated with this application, there were no written submissions and no oral presentations received regarding this matter; AND THAT all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a portion of a property owned by Borm Capital Inc. located at 7288 Richmond Road from site -specific Rural Industrial — Holding (M2-8(h6)) Zone to Rural Industrial (M2-8) Zone to permit the construction of a building addition intended for warehousing and storage of automotive parts; AND THAT Zoning By-law No. Z746-2022 be presented to Council for enactment. IWATMITOWD Report DS-34/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Bill 109, More Homes for Everyone Act, 2022 Moved by: Councillor Donnell Seconded by: Councillor Chilcott 5 2022 Council Minutes June 2, 2022 THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022, be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022, Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of Bayham's Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications. CARRIED The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:30 p.m. The Council Meeting resumed at 7:53 p.m. (� Report DS-35/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Hydrogeological Study Peer Review — Draft Plan of Subdivision Application — 34T- BY2101 Sandytown Road, Straffordville Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report DS-35/22 regarding Hydrogeological Study Peer Review — Draft Plan of Subdivision Application — 34T-BY2101 Sandytown Road, Straffordville be received for information; AND THAT Council request the County of Elgin consider the following amendments to the conditions of Draft Plan Approval, approved by Bayham Council on January 6, 2022: That the following condition be deleted: 2 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 following conditions be inserted: 18. That a multi -well simultaneous pumping test utilizing a minimum of three (3) wells, drilled on adjacent lots during Phase 1 of the development, be conducted to provide empirical verification of the calculations in the amended Hydrogeologic Evaluation and confirm that the proposed lot density is acceptable. 19. That the applicant confirm that any licensed Well Drillers installing wells with respect to the development will either review and confirm understanding of the potential need for specialized well construction techniques, or will be instructed on the potential need for specialized well construction techniques, prior to the commencement of on -site drilling. CARRIED 2022 Council Minutes June 2, 2022 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Municipal Property Assessment Corporation re Voterlookup.ca B. Voyent Alert! re Register Today C. City of Brantford re Release of all Federal and Provincial Documents Related to the Former Mohawk Institute Residential School D. Town of Newmarket re Mandatory Firefighter Certifications E. Fisheries and Oceans Canada re Port Burwell Boardwalk Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT items 13.1.1 A — E be received for information. CARRIED 13.1.2 Requiring Action A. Susanne Schlotzhauer re Port Burwell Boardwalk Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the correspondence from Susanne Schlotzhauer re Port Burwell Boardwalk be received for information; AND THAT the minutes with respect to Item 8A from the March 17, 2022 Council meeting be amended to reflect Department of Fisheries and Oceans (DFO) ownership of the lands on which the Port Burwell Boardwalk was situated. CARRIED The Council Meeting recessed for a short break at 8:19 p.m. and resumed at 8:27 p.m. B. Wendy Carmichael re Developments in Straffordville and Eden Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the correspondence from Wendy Carmichael re Developments in Straffordville and Eden be received for information. CARRIED 7 2022 Council Minutes 13.2 Reports to Council June 2, 2022 A. Report CAO-24/22 by Thomas Thayer, CAOIClerk re Elgin Election Joint Compliance Audit Committee Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-24/22 re Elgin Election Joint Compliance Audit Committee be received for information; AND THAT the by-law to establish an Elgin Election Joint Compliance Audit Committee be brought forward for Council's consideration. CARRIED B. Report CAO-26/22 by Thomas Thayer, CAOIClerk re Disconnecting from Work Policy Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-26/22 re Disconnecting From Work Policy be received for information; AND THAT Draft Disconnecting From Work Policy be adopted as presented; AND THAT the appropriate be brought forward for Council's consideration. CARRIED 14. BY-LAWS A. By-law No. 2022-037 Being a by-law to adopt the capital estimates for the year 2022 B. By-law No. 2022-038 Being a by-law to establish a levy for the year 2022 to adopt tax rates, provide for penalty and interest in default of payment and the collection thereof C. By-law No. 2022-039 Being a by-law to establish an election join compliance audit committee for the 2022 municipal election in accordance with the Municipal Elections Act, 1996, as amended D. By-law No. 2022-040 Being a by-law to authorize the execution of a development agreement between Tony and Nettie Wall and the Corporation of the Municipality of Bayham E. By-law No. 2022-041 Being a by-law to authorize the execution of a development agreement between Rudolph and Nancy Thiessen and the Corporation of the Municipality of Bayham F. By-law No. Z741-2022 Being a by-law to amend By -Law No. Z456-2003, as amended — Wall (third reading) 8 2022 Council Minutes June 2, 2022 G. By-law No. Z742-2022 Being a by-law to amend By -Law No. Z456-2003, as amended — Miller H. By-law No. Z743-2022 Being a by-law to amend By -Law No. Z456-2003, as amended — Miller I. By-law No. Z744-2022 Being a by-law to amend By -Law No. Z456-2003, as amended — Klassen J. By-law No. Z745-2022 Being a by-law to amend By -Law No. Z456-2003, as amended — Thiessen K. By-law No. Z746-2022 Being a by-law to amend By -Law No. Z456-2003, as amended — Borm Capital Inc. L. By -Law No. 2022-044 Being a by-law to adopt a Disconnecting from Work Policy Moved by: Councillor Froese Seconded by: Councillor Donnell THAT By -Law No. Z741-2022 be given a third reading and finally passed; AND THAT By -Law Nos. 2022-037, 2022-038, 2022-039, 2022-040, 2022-041, 2022-044, Z742-2022, Z743-2022, Z744-2022, Z745-2022, Z746-2022 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the Council do now rise to enter into an "In Camera" Session at 8:43 p.m. to discuss: A. Confidential Report re Sale or disposition of land (John Street) CARRIED 16.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Councillor Froese 9 2022 Council Minutes June 2, 2022 THAT the Council do now rise from the "In Camera" session at 8:48 p.m. and report on Confidential report re Sale or disposition of land (John Street) CARRIED Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Confidential Report re Sale or disposition of land (John Street) be received for information; AND THAT the Council of The Corporation for the Municipality of Bayham deems Parts 1 and 2 on a survey yet to be registered surplus to the needs of the Municipality for purposes of sale to landowner; AND THAT the appropriate public comment periods for stop -up and close and sale be commenced after such time as the survey is registered. WATETERWRI 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-042 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell Seconded by: Councillor Froese THAT confirming By -Law No. 2022-042 be a read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:50 p.m. CARRIED YOR 30