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HomeMy WebLinkAboutJanuary 05, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, January 5, 2023 7:00 p.m. The January 5, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS STAFF PRESENT: CAOICLERK DEPUTY CLERK PLANNING COORDINATORIDEPUTY CLERK MANAGER OF CAPITAL PROJECTS1 WATER/WASTEWATER FIRE CHIEFIBYLAW ENFORCEMENT OFFICER 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER *attended via Zoom TIMOTHY EMERSON DAN FROESE *attended via Zoom SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL ED ROLOSON 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 4. ANNOUNCEMENTS Mayor Ketchabaw wished everyone a happy new year and commented on the "Christmas blizzard" and thanked all those who volunteered their time to help the community. 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held December 13, 2022 B. Regular Council Meeting held December 15, 2022 C. Statutory Planning Meeting held December 15, 2022 Moved by: Councillor Chilcott 2023 Council Minutes Seconded by: Deputy Mayor Weisler January 5, 2023 THAT the minutes from the Special Council Meeting held December 13, 2022, the Regular Council Meeting held December 15, 2022 and the Statutory Planning Meeting held December 15, 2022 be approved 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 A. Report PS-01/23 by Ed Roloson, Water/Wastewater Operations re RFT-22-02 One (1) New Half -Ton Four Wheel Drive Pickup Truck Technical difficulties arose with the video function of the live -stream but audio remained. Recorded votes were conducted. Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report PS-01/23 re RFT 22-02 One (1) New Half -Ton Four Wheel Drive Pickup Truck be received for information; AND THAT Council approve the procurement of One (1) New Half -Ton Four Wheel Drive Pickup Truck from Eichenberg Motors Ltd. in the total amount of $51,937.73+HST. Recorded vote: Member of Council YES NO Councillor Timothy Emerson x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED .2. 2023 Council Minutes January 5, 2023 B. Report FR-01/23 by Harry Baranik, Fire Chief & Ed Roloson, Water/Wastewater Operations re Capital Item No. FD-02 — Water Flow Survey Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report FR-01/23 re: Capital Item No. FD-02 — Water Flow Survey be received for information. Recorded vote: Member of Council YES NO Councillor Timothy Emerson Councillor Dan Froese x Councillor Susan Chilcott x j Deputy Mayor Rainey Weisler x_ Mavor Ed Ketchabaw x I Council recessed at T 22 p.m. to rectify the video issue and resumed at T33 p.m. 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of the Passing of Zoning By-law Amendment ZBA-04/22 — Vienna Farms Ltd. B. Notice of the Passing of Zoning By-law Amendment ZBA-03/22 — Bonnefield C. Notice of Public Meeting for a Proposed Zoning By-law Amendment — Latimer Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT items 12.1.1 A — C be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-01/23 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Draft Plan of Subdivision Application — 34T-BY202201, 11:28 Properties Inc. Eden Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Staff Report DS-01/23 regarding the Draft Plan of Subdivision 34T-BY202201 for 11:28 Properties Inc. be received for information; 3 2023 Council Minutes January 5, 2023 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 2, 2022 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 33-lot Draft Plan of Subdivision to be developed in two Phases (Phase 1 - 23 lots and Phase 2 - 10 lots) in principle; AND THAT Council request the County of Elgin consider including the following as conditions of Draft Plan approval: I That the Owner shall provide a proposal for phased development of the subject property including all final plans showing the development of a 33-lot subdivision in two Phases — Phase 1 with 23 lots and Phase 2 with 10 lots. Prior to the development of Phase 1 with 23 lots, that the Owner is responsible to obtain confirmation from the Municipality that there is sufficient capacity of the sanitary sewer system in Eden to provide adequate sanitary sewer services to the subdivision. Upon the completion of Phase 1 and prior to the development of Phase 2 with 10 lots that the Owner is responsible to obtain confirmation from the Municipality that there is sufficient capacity of the sanitary sewer system in Eden to provide adequate sanitary sewer services to the subdivision. 4 That the Owner shall provide confirmation through a desk -top review regarding the potential for the subject property development along with existing and/or known proposed future development projects within the hamlet of Eden to result in long-term impacts to the sustainable yield of groundwater from the overburden aquifer or to significantly decrease base flow to any sensitive water courses as described in Section 4.3.3 of MECP Procedure D-5-5 to the satisfaction of the Municipality. That the Owner shall provide confirmation regarding the need for re -sampling of Test Well 3 after disinfection by chlorination and subsequent performance of additional pumping to cycle sufficient water to flush any residual chlorine and stagnant water from the well bore, sand pack, and aquifer to assess whether the presence of Total Coliforms and/or background coliforms is persistent to the satisfaction of the Municipality. That the Owner shall provide a Servicing Report for a multi -well simultaneous pumping test utilizing a minimum of three wells, drilled on adjacent lots during Phase 1 of the development, and that it be conducted to empirically verify the calculations and conclusions provided in the amended Hydrogeologic Evaluation (prepared by Ian D. Wilson Associates Ltd. and dated March 26, 2021 and amended (second amendment) on August 3, 2022 and to evaluate cumulative drawdown impacts simulating well usage by multiple properties at the same time and to confirm that the proposed density is acceptable to the satisfaction of the Municipality. f . That the streets on the Draft Plan shall be named to the satisfaction of the Municipality of Bayham. 2023 Council Minutes January 5, 2023 8 That the proposed Streets `A and `B' on the Draft Plan shall be constructed in Phase 1 to municipal Design and Construction Standards to provide connection to Plank Road (County Road 19) and shall be dedicated as open public road prior to final approval. 9 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. 10. 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. 11. That the Owner design and construct to provide adequate future connection to the municipal sewers for Phase 1 and Phase 2 lots 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. 12. 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. 13. 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, storm water management facilities and fire protection required for the development of the lands within the Plan with securities. 14. That prior to any grading or construction of the site and prior to final approval, the 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 6 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. 15. That any environmental protection measures recommended in the storm water management plan required by Condition 14 above, that are not capable of being addressed under the Ontario Water Resources Act, be implemented through the Subdivision Agreement. 16. That any lands containing the storm water treatment system are to be assumed by the Municipality, at the cost of the Owner. 17. 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 5 2023 Council Minutes January 5, 2023 satisfaction of the Municipality of Bayham Design and Construction Standards including a sidewalk along Plank Road providing connection to the existing sidewalk along east side Plank Road (County Road 19) to the satisfaction of the County of Elgin. 18. 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 19. That prior to final approval, the Owner provide an adequate guaranteed water supply system necessary for fire protection to the satisfaction of the Municipality Fire Chief. 20. 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 21. 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. CARRIED B. Report DS-02/23 by Thomas Thayer, CAOICIerk re Building Services 41h Quarter Report Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Staff Report DS-02/23 re 41h Quarter Report be received for information. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Newmarket re Bill 23, More Homes Built Faster Act, 2022 B. Town of West Lincoln re Bill 23, More Homes Built Faster Act, 2022 C. City of Cambridge re Bill 23, More Homes Built Faster Act, 2022 D. Municipality of North Perth re Bill 23, More Homes Built Faster Act, 2022 E. Municipality of Tweed re Natural Gas F. County of Elgin re December 2022 Economic Development Newsletter G. LPRCA re Response to 2023 Draft Budget Correspondence Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson 2023 Council Minutes January 5, 2023 THAT items 13.1.1 A — G be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham supports item 13.1.1 D, Municipality of North Perth re Bill 21, More Homes Built Faster Act, 2022. CARRIED 13.1.2 Requiring Action A. Desi Broughton re Port Burwell Ice Rink Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the correspondence from Desi Broughton re Port Burwell Skating Rink be received for information; AND THAT the request to utilize the Port Burwell baseball diamond and access to hydro for an outdoor skating rink be approved. CARRIED 13.2 Reports to Council A. Report CAO-02/23 by Thomas Thayer, CA01CIerk re Port Burwell Lighthouse Heritage and Structural Assessment Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CAO-02/23 re Port Burwell Lighthouse Heritage and Structural Assessment be received for information; AND THAT Council accept the Proposal for Heritage Architectural Services for the Port Burwell Lighthouse Recladding Project - Cladding Review, Structural Report, and Preparation of Existing Condition Drawings in the amount of $19,935.00. CARRIED 14. BY-LAWS 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an "In Camera" Session at 8:15 p.m. to discuss: 2023 Council Minutes January 5, 2023 A. Confidential Report re Labour relations, employee negotiations (Shared Services) 16.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise from the "In Camera" session at 9:20 p.m. and report on Confidential Report re Labour relations, employee negotiations (Shared Services) CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confidential Report CAO-01/23 re re Labour relations, employee negotiations (Shared Services) be received for information; AND THAT staff proceed as directed. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-001 Being a by-law to confirm all actions of Council Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2023-001 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council meeting be adjourned at 9:22 p.m. rARRiFn 8