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HomeMy WebLinkAboutApril 06, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — SCC Main Hall Thursday, April 6, 2023 7:00 p.m. 7:30 p.m. Public Planning Meeting — 3 Applications The April 6, 2023 Council Meeting was not able to be recorded or live -streamed to the YouTube Channel. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE (arrived at 7:57 pm) SUSAN CHILCOTT STAFF PRESENT CAOICLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT PLANNING COORDINATORIDEPUTY CLERK MARGARET UNDERHILL TREASURER LORNEJAMES 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA CAO Thomas Thayer announced the removal of item 5.A Inspector Mark Loucas re 2022 Elgin County OPP Year End Report. 4. ANNOUNCEMENTS Deputy Mayor Weisler congratulated West Lorne for being the successful candidate to host the 2023 Craft Hockeyville preseason NHL game. Mayor Ketchabaw reminded residents that the registration deadline for the April 17th bulk garbage pick-up is Tuesday, April 11th. Mayor Ketchabaw also reminded residents that there is an Easter Egg Hunt at the Straffordville Community Centre on Good Friday beginning at 10am sharp. And lastly, Mayor Ketchabaw wished everyone a Happy Easter. Councillor Chilcott noted the great turnout of youth they had present to help clean the grounds for the noted egg hunt on Good Friday. Council Minutes 5. PRESENTATIONS April 6, 2023 A. Inspector Mark Loucas re 2022 Elgin County OPP Year End Report - Not Considered Deputy Mayor Weisler took the Chair at 7:05 for Mayor Ketchabaw to present to Council as Warden for item 5.B B. Elgin County Warden Ed Ketchabaw and Chief Administrative Officer Julie Gonyou re Elgin County 2023 Update Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the presentation from Warden Ed Ketchabaw and Chief Administrative Officer Julie Gonyou be received for information. w-ANTOWD Mayor Ketchabaw resumed the Chair at 7:34 p.m. The Council Meeting recessed to host a Statutory Planning Public Meeting at 7:34 p.m. The Council Meeting resumed at 8:01 p.m. 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held March 16, 2023 B. Special Council Meeting held March 23, 2023 Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the minutes from the Regular Council Meeting held March 16, 2023 and the Special Council Meeting held March 23, 2023 be approved as presented. o 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM Three (3) members of the public spoke to item 13.2 C. 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 2 Council Minutes April 6, 2023 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-06/23 by Ed Roloson, Manager of Capital Projects JWater/Wastewater Operations re Municipality of Bayham Water Distribution System — Service Disruptions Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report PS-06/23 re Municipality of Bayham Water Distribution System — Service Disruptions be received for information. CARRIED 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Decision re Minor Variance Application A-01/23 Blatz B. Notice of Decision re Minor Variance Application A-02/23 Froese C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-01/23 Froese D. Notice of Public Meeting re Proposed Zoning By-law Amendment and Proposed Official Plan Amendment ZBA-02/23 & OPA-02/23 Thompson E. Notice of Public Meeting re Proposed Zoning By-law Amendment and Proposed Official Plan Amendment ZBA-03/23 & OPA-03/23 Schep F. Notice of Public Meeting re Proposed Official Plan Amendment OPA-01/23 Lankhuijzen Farms Ltd. G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-04/23 Rideout & Lavallee H. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-05/23 Hiebert Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A — H be received for information. CARRIED 4 Council Minutes 12.1.2 Requiring Action 12.2 Reports to Council April 6, 2023 A. Report DS-16/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Development Agreement re Minor Variance A-02/23 Froese Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-16/23 regarding the Froese Development Agreement be received; AND THAT Council authorize the execution of a Development Agreement between the Municipality and Jesse and Sarah Froese to permit the placement of one supplementary farm dwelling (mobile home) at 55210 and 55248 Maple Grove Line; AND THAT By-law No. 2023-025 be presented for enactment. CARRIED B. Report DS-17/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Consent Application E95022 Hiebert 56282 & 56284 Heritage Line Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DS-17/23 regarding Consent Application E95-22 Hiebert, be received for information; AND THAT in consideration of the submission from the Water Mining Inc. regarding Consent E89-22 Notice of Decision dated February 23, 2023 Municipality of Bayham Condition 1, Council recommends to the Elgin County land Division Committee that Consent Application E95-22 be granted subject to the following conditions and considerations: 1. Provide a digital copy of the registered plan of survey showing the easement for the retained parcel 2. Planning Report Fee payable to the Municipality CARRIED C. Report DS-18/23 by Margaret Underhill, Planning CoordinatorlDeputy Clerk re Consent Application E10-23 Neufeld 23 Centre Street Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-18/23 regarding Consent Application El 0-23 Neufeld, be received for information; Council Minutes April 6, 2023 AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E10-23 be granted subject to the following conditions and considerations: 1. Install a municipal water connection to the retained parcel at the applicant's cost for all permits and installation requirements 2. Install a municipal sanitary sewer connection to the retained parcel at the applicants' cost for all permits and installation requirements 3. Provide engineered storm water management, drainage and grading plans to the satisfaction of the Municipality 4, That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Centre Street Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 5. Obtain a municipal Road Access Permit for the installation of a driveway to the retained lands 6. Provide Cash -in -lieu of Parkland fee payable to the Municipality as required in Municipal By-law No. 2020-053 7. Provide the Planning Report fee payable to the Municipality 8. Provide a digital copy of the registered plan of survey CARRIED D, Report DS-19/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Consent Application E16-23 Obar 11643 Plank Road Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-16/23 regarding Consent Application E16-23 Obar and Cain be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E16-23 be granted subject to the following conditions and considerations: 1. Installation of an individual private well on the severed lot with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 2_ Installation of a municipal sanitary sewer connection to the severed lot at the applicants' cost for permits and installation 3. Provide engineered storm water management, drainage and grading plans showing the lot will not have a negative drainage impact on the abutting lands 4. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the West Branch of the Eden Main Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs 5 Council Minutes April 6, 2023 incurred. 5. Confirmation from the County of Elgin for future access to the County road 6. Purchase of a civic number sign for the severed lot 7. Cash in Lieu of Parkland Dedication fee to the Municipality for the created lot 8, Planning Report fee payable to the Municipality 9. Provide a digital copy of the registered plan of survey CARRIED r. Report DS-20/23 by Margaret Underhill, Planning Coo rd in atorl Deputy Clerk re Consent Application E20-23 Wagler Homes Inc 53871 Church Street Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-20/23 regarding the Consent Application E20-23 Wagler be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E20-23 be granted subject to the following conditions and considerations: 1. Installation of municipal water service connection to the property line at the cost of the applicant for permit and installation 2 Municipal lot assessment for septic system ''. That the owner apply for a demolition permit to remove the detached garage and the asphalt drive with retaining walls and all debris to be removed to the satisfaction of the municipality ? That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Richmond Main Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 5, Engineered storm water management, drainage/grading plan 6. Purchase of civic number sign for the severed lot 7 Digital copy of the registered plan of survey 8. Cash in Lieu of Parkland Dedication fee for each lot 9. Planning Report fee payable to the Municipality CARRIED The Council Meeting recessed for a short break at 8:37 p.m. The Council Meeting resumed at 8:50 p.m. 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. City of Niagara Falls re Barriers for Women in Politics 5 Council Minutes April 6, 2023 B. City of Cambridge re Barriers for Women in Politics C. Town of Plympton-Wyoming re Barriers for Women in Politics D. Howick Township re Support for the School Bus Stop Arm Cameras E. Western Ontario Wardens Caucus re Cannabis Act Review F. Town of Greater Napanee re Reducing Municipal Insurance Costs G. Township or Lucan Biddulph re Future Accuracy of Permanent Register of Electors H. Town of Carleton Place re Lanark County Interval House and Community Support I. Township of Lake of Bays re Oath of Office J. Municipality of North Perth re School Bus Stop Arm Cameras K. Town of Essex re Declarations of Emergency of Homelessness, Mental Health and Opioid Addiction L. Town of Essex re Tax Classification of Short -Term Rental Units M. Town of Essex re Reinstatement of Legislation Permitting a Municipality to Retain Surplus Proceeds from Tax Sales N. Elgin Federation of Agriculture re Agriculture Land Impact Assessments O. County of Elgin re Request to Review By-law EC-1 Parking By-law P. Association of Ontario Road Supervisors re New Fee Proposed by Enbridge Gas Q. County of Elgin re March 14, 2023 Elgin County Council Highlights Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT correspondence items 13.1.1 A — Q be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham support items 13.1.1 J and 13.1.1 M. CARRIED 13.1.2 Requiring Action 13.2 Reports to Council A. Report TR-10/23 by Lorne James, Treasurer re 2023 Q1 Variance Report Moved by: Councillor Emerson Seconded by: Councillor Froese 1 Council Minutes April 6, 2023 THAT Staff Report TR-10/23 re 2023 Q1 Variance Report be received for information; AND THAT Council direct staff to invest $1.5 million of cash -on -hand in a 1-year GIC through RBC; AND THAT Council direct staff to invest $5,000 for the Bayham West Cemetery and $5,000 for the Eden Cemetery in a 1-year GIC through RBC. CARRIED B. Report CL-07/23 by Meagan Elliott, Deputy Clerk re Councillor Appointments to Committees Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CL-07/23 re Councillor Appointments to Committees be received for information; AND THAT Councillor Susan Chilcott be appointed Chair of the Museum Advisory Committee, Deputy Mayor Rainey Weisler be appointed Chair of the Waterfront Advisory Committee, and Councillor Dan Froese be appointed Chair of the Joint Cemetery Board; AND THAT the appropriate appointment by-law be brought forward for enactment. CARRIED C. Report CAO-20/23 by Thomas Thayer, CAOICIerk re Follow -Up Report — Detailed Costing and Timeline Update — Straffordville Community Centre Expansion Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-20/23 re Follow-up Report — Detailed Costing and Timeline Update — Straffordville Community Centre Expansion be received for information; AND THAT, due to estimated cost over -runs, Council approve the re-scoping of the Straffordville Community Hub project to remove the Covered Pavilion, LED Ball Diamond Lighting, and new concrete pad; AND THAT an application be made to the ICIP Community, Culture and Recreation program for consideration of the identified reduction in scope. CARRIED D. Report CAO-21/23 by Thomas Thayer, CAOICIerk re Curbside Waste Disposal Services Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott Council Minutes April 6, 2023 THAT Report CAO-21/23 re Curbside Waste Disposal Services be received for information; AND THAT Council authorize the sole -source of a new curbside garbage collection contract to Norfolk Disposal; AND THAT the appropriate by-law be brought forward for Council's consideration. CARRIED E. Report CAO-25/23 by Thomas Thayer, CAOICIerk re Port Burwell Fire Hall Generator Replacement Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-25/23 re Port Burwell Fire Hall Generator Replacement be received for information; AND THAT Council accept the quote provided by Koolen Electric in the amount of $36,985.00+HST for a replacement generator for the Port Burwell Fire Hall; AND THAT the replacement generator for the Port Burwell Fire Hall be funded from the Contingency Reserve. CARRIED 14. BY-LAWS A. By-law No. 2023-025 Being a by-law to authorize the execution of a development agreement between Jesse and Sarah Froese and the Corporation of the Municipality of Bayham B. By-law No. 2023-026 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and HRI Group Inc. for stabilization measures of the Port Burwell Lighthouse C. By-law No. 2023-027 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and GHD Digital for website development services Moved by: Councillor Emerson Seconded by: Councillor Froese THAT By-law Nos. 2023-025, 2023-026 and 2023-027 be read a first, second and third time and finally passed. CARRIED Council Minutes April 6, 2023 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an "In Camera" Session at 9:56 p.m. to discuss: A. Confidential Report re Labour Relations, Employee Negotiations (Human Resources) B. Confidential Report re Litigation or Potential Litigation Affecting the Municipality (Drainage) C. Confidential Report re Personal Matters about an Identifiable Individual (Committee Appointments) 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 10:29 p.m. and report on Confidential Report re Labour Relations, Employee Negotiations (Human Resources), Confidential Report re Litigation or Potential Litigation Affecting the Municipality (Drainage) and Confidential Report re Personal Matters about an Identifiable Individual (Committee Appointments) CARRIED Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Confidential Report re Labour Relations, Employee Negotiations (Human Resources) be received for information; AND THAT staff proceed as directed. CARRIED Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Confidential Report re Litigation or Potential Litigation Affecting the Municipality (Drainage) be received for information. CARRIED W Council Minutes Moved by: Councillor Froese Seconded by: Councillor Chilcott April 6, 2023 THAT Confidential Report CAO-24/23 re Personal Matters about an Identifiable Individual (Committee Appointments) be received for information; AND THAT the following individuals be appointed to the Museums Advisory Committee for the 2023-2026 term: • Jean -Ann Baranik • Robert Ponzio • Ron Bradfield Roy Sullivan AND THAT the following individuals be appointed to the Waterfront Advisory Committee for the 2023-2026 term: • Earl Shea + Ashley Cardinal • Marni Wolfe • Serge Pieters AND THAT the following individuals be appointed to the following cemetery boards: • Cathy Crocker — Eden • George Sivyer — Eden • Debbie Hayward — Calton • Gloria Wardle — Light • Valerie Donnell — Bayham West AND THAT the following individuals be appointed to the Property Standards Committee: • Patricia Chatterson • Wayne Murray AND THAT the appropriate appointment by-law be brought forward for Council's consideration. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-028 Being a by-law to confirm all actions of Council Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2023-028 be read a first, second and third time and finally passed. CARR I E D 11 Council Minutes 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott April 6, 2023 THAT the Council meeting be adjourned at 10:32 p.m. CARRIED