HomeMy WebLinkAboutJuly 21, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — SCC Main Hall
Thursday, July 21, 2022
7:00 p.m.
7:30 p.m. Public Planning Meeting — 4 Applications
PRESENT:
MAYOR
DEPUTY MAYOR
COUNCILLORS
STAFF PRESENT:
CAOICLERK
DEPUTY CLERK
DEPUTY CLERKIPLANNING COORDINATOR
MANAGER OF PUBLIC WORKSIDRAINAGE
SUPERINTENDENT
FIRE CHIEFIBYLAW ENFORCEMENT OFFICER
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
STEVE ADAMS
HARRY BARANIK
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
12.2 E Report DS-44/22 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Development Agreements Heutinck and Froese Excavating
13.1.2 A Elgin Group Police Services Board re OPP Agreement Amendment
13.2 E Report CAO-36/22 by Thomas Thayer, CAOIClerk re Port Burwell Lighthouse
RFP
13.2 F Report CAO-37/22 by Thomas Thayer, CAOICIerk re Termination of Agreement
682 — MEU By -Law Enforcement Services
14. D By -Law No. 2022-050 Being a by-law to authorize the Mayor and Clerk to
execute a development agreement between the Municipality and Andrew and
Kim Heutinck for the construction of a portion of Green Line
14. E By -Law No. 2022-051 Being a by-law to authorize the Mayor and Clerk to
execute a construction agreement between the Municipality and Froese
Excavating Ltd. for the construction of a portion of Green Line
2022 Council Minutes July 21, 2022
14. F By -Law No. 2022-054 Being a by-law to authorize the Mayor and Clerk to
execute 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
4. ANNOUNCEMENTS
Councillor Donnell announced that the Beachfest Fireworks are coming up taking place on
Sunday, July 31, 2022 at the Pier.
Councillor Chilcott announced that the Bayham Historical Society is hosting the Mystery Cruise
this Saturday, July 23, 2022 at Vienna Memorial Park. There will be 50/50 tickets available to
purchase.
Deputy Mayor Weisler announced that her AMO nomination was successful and she will be
representing Elgin County. Weisler provided cupcakes to the Council and attending residents as
a thank you.
Mayor Ketchabaw announced the GOVAXX bus will be in Port Burwell on August 81h and that
appointments are not necessary.
CAO Thayer reminded those interested in running for Council that nominations close on August
19th at 2 p.m.
5. PRESENTATIONS
6. DELEGATIONS
A. Charles Smith re Proposed Dennis Road Conveyance
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the delegation from Charles Smith re Proposed Dennis Road Conveyance be
received for information.
CARRIED
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Special Council Meeting held June 15, 2022
B. Regular Council Meeting held June 16, 2022
C. Statutory Planning Meeting held June 16, 2022
D. Drainage Court of Revision Meeting held June 16, 2022
E. Special Council Meeting held July 6, 2022
2022 Council Minutes
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT the following minutes be approved as presented:
• Special Council Meeting held June 15, 2022
• Regular Council Meeting held June 16, 2022
+ Statutory Planning Meeting held June 16, 2022
• Drainage Court of Revision Meeting held June 16, 2022
■ Special Council Meeting held July 6, 2022
UA IV V I:I
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
One (1) member of the public spoke to item 12.2 A.
Two (2) members of the public spoke to item 13.2 C.
One (1) member of the public spoke to item 13.2 E.
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
July 21, 2022
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report PS-14/22 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Vienna Community Park Safety Signage
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report PS-14/22 re Vienna Community Park Safety Signage be received for
information;
AND THAT staff be directed to install five (5) WC-3 Playground Ahead signs at the
locations provided within Report PS-14/22.
CARRIED
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July 21, 2022
The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:30 p.m.
The Council Meeting resumed at 10:47 p.m.
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT in accordance with Section 10.29 of By-law No. 2022-003, being a by-law to govern
the proceedings of the Council for the Municipality of Bayham, the proceedings of the
Council Meeting held July 21, 2022 be permitted to proceed past 11:00 p.m.
CARRIED
12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance A-06/22 Clarke
B. Notice of Public Meeting re Proposed Official Plan Amendment and Zoning By -Law
Amendment — Wade
C. Notice of Public Meeting re Proposed Official Plan Amendment and Zoning By -Law
Amendment —Vienna Farms
D. Notice of Public Meeting re Proposed Official Plan Amendment and Zoning By -Law
Amendment — Bonnefield
E. Notice of Public Meeting re Proposed Zoning By -Law Amendment — Blatz
F. Notice of Public Meeting re Proposed Minor Variance — Klassen
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT correspondence items A — F be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-38/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Site Plan
Agreement — Borm Capital Inc.
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Report DS-38/22 regarding the Borm Capital Inc. Site Plan Agreement be received;
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July 21, 2022
AND THAT By-law No. 2022-043 being a By-law to authorize the execution of a Site Plan
Agreement between Borm Capital Inc. and the Municipality of Bayham for development at
the property known as 7288 Richmond Road be presented for enactment_
CARRIED
B. Report DS-40/22 by Thomas Thayer, CAOICIerk re 211 Quarter Report
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Staff Report DS-40/22 re 2nd Quarter Report be received for information,
CARRIED
C. Report DS-42/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent
Application E61-22 Martins, 32 Robinson Street and 19 Erieus Street, Port Burwell
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report DS-42/22 regarding Consent Application E61-22 for Martins be received for
information;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E61-22 be granted subject to the following conditions and considerations:
1. That the applicants provide written legal confirmation that the lots are allowed to legally
be separated.
2. Digital copy of the final survey provided to the municipality
3. Planning Report fee payable to the Municipality
CARRIED
D. Report DS-43/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application ZBA-17/22 — AGinvest Farmland One Inc.
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-43/22 regarding the AGinvest Farmland One Inc. rezoning application
ZBA-17/22 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 June 16, 2022
associated with this application, there were no written submissions and one oral presentation
received regarding this matter;
AND THAT all considerations were taken into account in Council's decision passing this
resolution;
2022 Council Minutes
July 21, 2022
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing
the zoning on a property owned by AGinvest Farmland One Inc. located at 57905 Heritage
Line to Rural Residential (RR) Zone on the severed lands and Special Agricultural (A2) on
the retained lands to permit the severance of a surplus farm dwelling being Elgin County
Land Division Application E23-22;
AND THAT Zoning By-law No. Z747-2022 be presented to Council for enactment.
CARRIED
E. Report DS-44/22 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Development Agreements Heutinck and Froese Excavating
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Report DS-44/22 regarding the Heutinck Development Agreement and Froese
Excavating Ltd. Green Line Construction Agreement be received;
AND THAT By-law No. 2022-050 being a by-law to authorize the execution of a
Development Agreement between Andrew and Kimberly Heutinck and the Municipality of
Bayham for Green Line road Construction be presented for enactment;
AND THAT By-law No. 2022-051 being a by-law to authorize the execution of a Green Line
Construction Agreement between Froese Excavating Ltd. and the Municipality of Bayham
be presented for enactment.
CARRIED
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. Town of Cobourg re Amber Alert System
D. Bonfield Township re Amber Alert System
E. City of Mississauga re Amber Alert System
F. Township of Perry re Bill C-233 "Keira's Law"
G. Municipality of Grey Highlands re Voter's List Information for Candidates
H. Township of Matatchewan re Voter's List Information for Candidates
Township of Mulmur re Climate Emergency Declaration
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J. Municipality of Tweed re Ontario Wildlife Damage Compensation Program
K. Municipal Engineers Association re Retention of Professional Engineers at Ontario
Municipalities
L. AHI-TDMH re Hospital Human Resource Pressures
M. County of Elgin re Council Highlights June 28, 2022
N. County of Elgin re Council Highlights July 12, 2022
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT correspondence items A — N be received for information;
AND THAT Bayham Council supports item H, Township of Matachewan re Voter's List
Information for Candidates.
CARRIED
13.1.2 Requiring Action
A. Elgin Group Police Services Board re OPP Agreement Amendment
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the correspondence from the Elgin Group Police Services Board re OPP
Agreement Amendment be received for information;
AND THAT staff be directed to present the amending by-law for adoption.
CARRIED
13.2 Reports to Council
A. Report TR-12/22 by Lorne James, Treasurer re 2022 Q2 Variance Report
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Staff Report TR-12/22 re 2022 Q2 Variance Report be received for information.
CARRIED
B. Report CAO-31/22 by Thomas Thayer, CAOICIerk re Corporate Mileage Rate
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report CAO-31/22 re Corporate Mileage Rate be received for information;
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July 21, 2022
AND THAT council establish CRA mileage rate for mileage rate for Bayham effective
August 1, 2022.
CARRIED
C. Report CAO-32/22 by Thomas Thayer, CAOICIerk re Trial of Open Forum — Procedural
By -Law
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report CAO-32/22 re Trial of Open Forum be received for information;
AND THAT the Open Forum remain as a header in the Procedural By-law.
CARRIED
D. Report CAO-33/22 by Thomas Thayer, CAOICIerk re Public Comments Received — Stop
Up, Close, and Convey a Portion of Dennis Road and a Portion of Woodworth Road
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT Report CAO-33/22 re Public Comments Received — Stop -up, Close, and Convey of a
Portion of Dennis Road and a Portion of Woodworth Road be received for information.
CARRIED
E. Report CAO-36/22 by Thomas Thayer, CAOICIerk re Port Burwell Lighthouse RFP
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report CAO-36/22 re Port Burwell Lighthouse RFP be received for information.
F. Report CAO-37/22 by Thomas Thayer, CAOICIerk re Termination of Agreement 682 —
MEU By -Law Enforcement Services
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report CAO-37/22 re Termination of Agreement No. 682 — MEU — By-law
Enforcement Services be received for information, -
AND THAT Council terminate Agreement No. 682, an agreement with MEU for the
provision of by-law enforcement services, effective immediately.
CARRIED
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2022 Council Minutes
14. BY-LAWS
July 21, 2022
A. By-law No. 2022-043 Being a by-law to authorize the execution of a site plan
agreement between Borm Capital Inc. and The Corporation of the Municipality of
Bayham
B. By-law No. 2022-052 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Hillenaar Consulting Inc.
(Paul Hillenaar)
C. By -Law No. Z747-2022 Being a by-law to amend By -Law No. Z456-2003 — AGinvest
D. By -Law No. 2022-050 Being a by-law to authorize the Mayor and Clerk to execute a
development agreement between the Municipality and Andrew and Kim Heutinck for the
construction of a portion of Green Line
E. By -Law No. 2022-051 Being a by-law to authorize the Mayor and Clerk to execute a
construction agreement between the Municipality and Froese Excavating Ltd. for the
construction of a portion of Green Line
F. By -Law No. 2022-054 Being a by-law to authorize the Mayor and Clerk to execute 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
Moved by: Donnell
Seconded by: Chilcott
THAT By -Law Nos. 2022-043, 2022-050, 2022-051, 2022-054 and Z747-2022 be read a
first, second and third time and finally passed.
CARRIED
Moved by: Donnell
Seconded by: Deputy Mayor Weisler
THAT By -Law No. 2022-052 be read a first, second and third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
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THAT the Council do now rise to enter into an "In Camera" Session at 12:08 a.m. to
discuss:
A. Confidential Report re Sale or disposition of land (Dennis and Woodworth Roads)
B. Confidential Report re Information explicitly supplied in confidence to the municipality by
Canada, a Province or Territory or a Crown Agency of any of them (Southwest Tourism
Relief Fund)
CARRIED
16.2 Out of Camera
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT the Council do now rise from the "In Camera" session at 12:22 a.m. and report on
Confidential Report re Sale or disposition of land (Dennis and Woodworth Roads) and
Confidential Report re Information explicitly supplied in confidence to the municipality by
Canada, a Province or Territory or a Crown Agency of any of them (Southwest Tourism
Relief Fund).
CARRIED
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Confidential Report CAO-34/22 re Sale or Disposition of Land (Dennis and
Woodworth Roads) be received for information.
AND THAT staff proceed with the conveyance of Part 1 on Plan 11 R-10884 and Parts 2
and 3 on Plan 11 R-10885 by direct sale to landowner;
AND THAT the appropriate stop -up, close, and convey by-law be brought forward for
Council's consideration.
CARRIED
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Confidential Report CAO-35/22 re Information Explicitly Supplied in Confidence to
the Municipality by Canada, a province or territory or a Crown agency of any of them
(Southwest Tourism Relief Fund) be received for information.
TZTZMC
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT By-law No. 2022-055 be read a first, second and third time and finally passed
CARRIED
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2022 Council Minutes July 21, 2022
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-053 Being a by-law to confirm all actions of Council
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT confirming By -Law No. 2022-053 be a read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 12:27 a.m.
MAYOR C
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