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;
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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
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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
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