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HomeMy WebLinkAboutAugust 18, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — SCC Main Hall Thursday, August 18, 2022 7:00 p.m. 7:30 p.m. Public Planning Meeting — 3 Applications PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS STAFF PRESENT: CAOICLERK DEPUTY CLERK DEPUTY CLERKIPLANNING COORDINATOR MANAGER OF PUBLIC WORKSIDRAINAGE SUPERINTENDENT 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 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 6. A Laverne Kirkness, Rebecca Walker & Barry Wade re Beach House Lane Development — REMOVAL (at request of applicant) 12.2 E Report DS-49/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Official Plan Amendment OPA-01/22 and Zoning Amendment ZBA-02/22 — Barry Wade Homes — REMOVAL (at request of applicant) 13.1.1 1 Municipality of Bayham re 2023 Capital Budget Delayed 13.2 C Report CAO-40/22 by Thomas Thayer, CAOIClerk re 2023 Blue Box Transition 13.2 D Report CAO-41/22 by Thomas Thayer, CAOICIerk re Port Burwell Lighthouse Heritage Architectural Services 14 E By-law No. 2022-060 Being a by-law to adopt Official Plan Amendment Number 30 — REMOVAL (associated with Item 12.2 E) 2022 Council Minutes 4. ANNOUNCEMENTS August 18, 2022 CAO Thomas Thayer announced that nominations for running in the Municipal Election close tomorrow, August 19th at 2:00 p.m. Those interested to file must be in the Municipal Office by 2:00 p.m. sharp. 5. PRESENTATIONS A. Carolyn Krahn, County of Elgin Manager of Economic Development and Strategic Initiatives re Welcome Home Video and Economic Development Presentation Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the presentation from Carolyn Krahn, County of Elgin Manager of Economic Development and Strategic Initiatives re Welcome Home Video and Economic Development Presentation be received for information. CARRIED 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held July 21, 2022 B. Statutory Planning Meetings held July 21, 2022 Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the minutes from the Regular Council Meeting held July 21, 2022 be approved as presented, and THAT the minutes from the Statutory Planning Meetings held July 21, 2022 be approved as amended. 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 VA 2022 Council Minutes 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 August 18, 2022 A. Notice of Public Meeting for Proposed Zoning By -Law Amendment ZBA-20/22 Zimak B. Notice of Public Meeting for Proposed Zoning By -Law Amendment ZBA-21/22 Jiggins C. Notice of Public Meeting for Proposed Zoning By -Law Amendment ZBA-22/22 Municipality of Bayham — Housekeeping By-law D. Notice of Public Meeting — Development Charges Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT items 12.1.1 A — D be received for information. 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-45/22 by Steve Adams, Manager of Public WorkslDrainage Superintendent re Petition for Drainage Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Community of Christ Pastor Cheryl Brooks; THAT Report DS-45/22 re Petition for Drainage be received; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration. CARRIED B. Report DS-46/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application ZBA-18/22 — Blatz Moved by: Councillor Froese Seconded by: Councillor Chilcott 2022 Council Minutes August 18, 2022 THAT Report DS-46/22 regarding the Blatz rezoning application ZBA-18/22 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 July 21, 2022 associated with this application, there were six written submissions (opposing) and an oral presentation by the Applicant with two oral presentations (one presenting their written comment and one verbal only at the meeting opposing) 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 modifying the MH-3 site -specific zone to add an additional permitted use of one mobile home park manager residential dwelling unit in a portion of an existing accessory building at the property identified as 12 Elizabeth Street, subject to the applicant obtaining Site Plan Agreement approval for servicing and buffering/screening prior to Council accepting and approving the Third Reading of the Zoning By-law No. Z748-2022; AND THAT Zoning By-law No. Z748-2022 be presented to Council for First and Second Reading. DEFEATED The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:30 p.m. The Council Meeting resumed at 7:38 p.m. Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report DS-46/22 regarding the Blatz rezoning application ZBA-18/22 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 July 21, 2022 associated with this application, there were six written submissions (opposing) and an oral presentation by the Applicant with two oral presentations (one presenting their written comment and one verbal only at the meeting opposing) received regarding this matter; AND THAT all considerations were taken into account in Council's decision passing this resolution; AND THAT rezoning application ZBA-18/22, being an application to further amend Zoning By- law No. Z456-2003, as amended, by modifying the MH-3 site -specific zone to add an additional permitted use of one mobile home park manager residential dwelling unit in a portion of an existing accessory building at the property identified as 12 Elizabeth Street, be refused due to concerns with compatibility, potential for conflict, and the insufficient area proposed for the residential use. CARRIED 2022 Council Minutes August 18, 2022 C. Report DS-47/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Official Plan Amendment OPA-02/22 and Zoning Amendment ZBA-04/22 — Vienna Farms Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Staff Report DS-47/22 regarding the Official Plan Amendment Application OPA-02/22 and Zoning By-law Amendment Application ZBA-04/22 submitted by Vienna Farms Ltd. 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 July 21, 2022 associated with these applications, there were two written public submissions (opposed) and one verbal presentation (speaking to their written submission) and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Council considers the proposed amendment to be consistent with the Provincial Policy Statement 2020, the Elgin County Official Plan and the Municipality of Bayham Official Plan and Zoning By-law; AND THAT By-law No. 2022-058, being an adopting By-law for Official Plan Amendment No. 28, for the purpose to change the land use designation for 2.48 hectares (6 acres) of land and permit the placement of a permanent large scale supplementary farm dwelling with gross floor area of 304.9 m2 (3,282 ft2) to seasonally house a maximum twenty-nine (29) offshore farm labourers in the Official Plan of the Municipality of Bayham, be presented for enactment; AND THAT adopted Official Plan Amendment No. 28 be forwarded to the County of Elgin for approval; AND THAT the draft Zoning By-law be presented to Council for consideration after such time as OPA No. 28 receives County of Elgin approval. CARRIED f� Report DS-48/22 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Official Plan Amendment OPA-03/22 and Zoning Amendment ZBA-03/22 — Bonnefield Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Staff Report DS-48/22 regarding the Official Plan Amendment Application OPA-03/22 and Zoning By-law Amendment Application ZBA-03/22 submitted by Bonnefield Canadian Farmland LP III 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 July 21, 2022 associated with these applications, there were six written public submissions (opposed) and two verbal presentations (speaking to their written submissions) and that all considerations were taken into account in Council's decision passing this resolution; 2022 Council Minutes August 18, 2022 AND THAT Council considers the proposed amendment to be consistent with the Provincial Policy Statement 2020, the Elgin County Official Plan and the Municipality of Bayham Official Plan and Zoning By-law; AND THAT By-law No. 059 being an adopting By-law for Official Plan Amendment No. 29 for the purpose to change the land use designation for 54 hectares (134 acres) of land and permit the placement of a permanent large scale supplementary farm dwelling with gross floor area of 321 m2 (3,455 ft2) to seasonally house a maximum twenty-four (24) offshore farm labourers in the Official Plan of the Municipality of Bayham be presented for enactment; AND THAT adopted Official Plan Amendment No. 29 be forwarded to the County of Elgin for approval; AND THAT the draft Zoning By-law be presented to Council for consideration after such time as OPA No. 29 receives County of Elgin approval. 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. Elgin County re August 9, 2022 Elgin County Council Highlights D. Southwestern Public Health re 2021 Annual Report E. Town of Mattawa re Draven Alert F. Town of South Bruce Peninsula re Mandatory Firefighter Certification G. Town of Aylmer re Warming and Cooling Centre Policy H. Township of Puslinch re Summary and Implications of Provincial Bill 109 Municipality of Bayham re 2023 Capital Budget Delayed Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 13.1.1 A — I be received for information. o 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-38/22 by Thomas Thayer, CAOIClerk re Appointments to the Elgin Election Joint Compliance Audit Committee 6 2022 Council Minutes Moved by: Councillor Donnell Seconded by: Councillor Chilcott August 18, 2022 THAT Report CAO-38/22 re Appointments to the Elgin Election Joint Compliance Audit Committee be received for information; AND THAT Council endorses the appointment of Christene Scrimgeour, Andrew Wright, Daniel Ross, and Dr. Zachary Spicer to sit on the Joint Elgin Election Compliance Audit Committee for the period of 2022-2026; AND THAT the appropriate by-law to confirm these appointments be brought forward for Council's consideration -Al V:41Z� B. Report CAO-39/22 by Thomas Thayer, CAOICIerk re Public Comments Received - Comment Period for use of the Vienna Community Improvement Reserve Fund Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report CAO-39/22 re Public Comments Received - Comment Period for Use of the Vienna Community Improvement Reserve Fund be received for information; AND THAT Council direct staff to investigate and report back on the costing of 1) Improvements to the Vienna Community Park, including a multi -purpose court and pavilion; and, 2) Improvements to the Vienna Memorial Park, including a canoe/kayak boat launch, walkway, and lined parking; AND THAT the costing information be included in the 2023-2032 Capital Budget process. CARRIED C. Report CAO-40/22 by Thomas Thayer, CAOIClerk re 2023 Blue Box Transition Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-40/22 re 2023 Blue Box Transition be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham hereby opt out of the option to provide continuation of existing collection services during transition period from July 2023 to December 2025 and allow Producer Responsibility Organizations to take over provision of recycling services effective July 1, 2023. WIT:: 2022 Council Minutes August 18, 2022 D. Report CAO-41/22 by Thomas Thayer, CAOIClerk re Port Burwell Lighthouse Heritage Architectural Services Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-41/22 re Port Burwell Lighthouse Heritage Architectural Services be received for information; AND THAT Council accept the quote of $5,150+HST as provided in the Heritage Services Proposal Letter submitted by a+LINK Architecture Inc. for Heritage Architectural Services for the Port Burwell Lighthouse. 14. BY-LAWS A. By-law No. 2022-056 Being a by-law to appoint members to the Elgin Election Joint Compliance Audit Committee for the 2022 Municipal Election B. By-law No. 2022-057 Being a by-law to repeal By-law No. 2019-020 and By-law No. 2019-029 C. By-law No. 2022-058 Being a by-law to adopt Official Plan Amendment Number 28 D. By-law No. 2022-059 Being a by-law to adopt Official Plan Amendment Number 29 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT By-law No. 2022-056, 2022-057, 2022-058 and 2022-059 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-061 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT confirming By -Law No. 2022-061 be a read a first, second and third time and finally passed. CARRIED 8 2022 Council Minutes 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 8:39 p.m. e MAYOR August 18, 2022