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HomeMy WebLinkAboutMay 04, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, May 4, 2023 7:00 p.m. The May 4, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS STAFF PRESENT: CAOICLERK DEPUTY CLERK MANAGER OF CAPITAL PROJECTS1 WATE RNVASTEWATER TREASURER PLANNING CONSULTANT, ARCADIS IBI GROUP 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:08 p.m. ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DANFROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT ED ROLOSON LORNE JAMES PAUL RILEY *via Zoom 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 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held April 20, 2023 B. Statutory Planning Meeting held April 20, 2023 Moved by: Councillor Froese Seconded by: Councillor Chilcott Council Minutes May 4, 2023 THAT the minutes from the Regular Council Meeting held April 20, 2023 and the minutes from the Statutory Planning Meeting held April 20, 2023 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-07/23 by Ed Roloson, Manager of Capital ProjectslWater/Wastewater Operations re 2023 Roads Surface Treatment — Capital Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report PS-07/23 re: 2023 Roads Surface Treatment be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham is supportive of proceeding with the bid provided by Duncor Enterprises Inc. of $1,976,647.10 + HST, of which $101,304.00 + HST is Bayham's portion; AND THAT the overage of $8,104 be funded from the Road Construction Reserve; AND THAT a by-law authorizing an Agreement between the Municipality of Bayham and Duncor Enterprises Inc. for surface treatment services be brought forward for Council's consideration. CARRIED 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing of Zoning By-law Amendment Z755-2023 — Froese Council Minutes B. Notice of Adoption of Official Plan Amendment No. 31 — Thompson C. Notice of Adoption of Official Plan Amendment No. 32 — Schep D. Notice of Decision of Minor Variance A-03/23 CHR Farms Ltd. Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT items 12.1.1 A — D be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council May 4, 2023 A. Report DS-26/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Temporary Use and Demolition Agreement Roy Schrijver Farms Ltd. Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-26/23 re Schrijver Temporary Use and Demolition Agreement be received for information; AND THAT By-law No. 2023-032, being a by-law to authorize an Agreement between Roy Schrijver Farms Ltd. and The Corporation of the Municipality of Bayham, be presented for enactment. CARRIED B. Report DS-27/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Consent Application E21-23 Gregory Underhill Farms Ltd. 55267 Orchard Line Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-27/23 regarding the Consent Application E21-23 Gregory Underhill Farms Ltd. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E21-23 be granted subject to the following conditions and considerations: 1. That the owner provides a Letter of Undertaking for the severed lands to merge on title with 5 Bridge Street 2. That the owner obtains approval of a Zoning By-law Amendment to change the severed lands zoning from the C3 and A2 Zones to a site -specific C3-1 zone consistent to the Big Otter Marina and Campground lot addition lands, including the number and type of sites, if necessary, and to specifically permit seasonal travel trailer park use on the severed lands in accordance with the Official Plan Council Minutes May 4, 2023 That the owners of the lot addition lands, located at 5 Bridge Street, obtain Site Plan Amendment approval prior to the development of the severed lands in accordance to the Official Plan 4 Digital copy of the registered plan of survey 5 Planning Report fee payable to the Municipality 6 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. WATCH -We C. Report DS-28/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Rezoning Application ZBA-04/23 Rideout & Lavallee Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-28/23 regarding the Rideout and Lavallee rezoning application ZBA- 04/23 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 April 20, 2023 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; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Concession 8 South Part Lot 15 RP11R3735 Part 1, known municipally as 55326 Maple Grove Line from Rural Residential (RR) to site -specific Rural Residential (RR-46) Zone to permit maximum accessory building floor area of 130.5 square metres; AND THAT Zoning By-law No. Z756-2023 be presented to Council for enactment. CARRIED D. Report DS-29/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Rezoning Application ZBA-05/23 Hiebert Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-29/23 regarding the Hiebert rezoning application ZBA-05/23 be received for information; 4 Council Minutes May 4, 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 April 20, 2023 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; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Plan 205 Lot 3 RP11 R10968 Parts 1, 2, 3 and 4, known municipally as 56282/56284 Heritage Line from Village Residential (R1) to site -specific Village Residential (R1-20) Zone on the retained parcel to permit minimum lot area of 349 square metres and minimum lot frontage of 8.4 metres and changing the zoning on the severed portion to the site -specific Village Residential (R1-21) zone to permit minimum lot frontage on a corner lot of 11.7 metres. AND THAT Zoning By-law No. Z757-2023 be presented to Council for enactment. CARRIED Report DS-30/23 by Margaret Underhill, Planning Coordinatorl Deputy Clerk re Review: Draft Elgin County Official Plan 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-30/23 regarding the Draft Elgin County Official Plan be received for information; AND THAT Staff Report DS-30/23 be forwarded to the County for information, along with a copy of the associated resolution. CARRIED F Report DS-31/23 by Margaret Underhill, Planning CoordinatorlDeputy Clerk re Bill 109, More Homes for Everyone Act, 2022 — Staff Report DS-34/22 Option 3 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-31/23 regarding the Bill 109, More Homes for Everyone Act, 2022 be received for information; AND THAT Council agrees with the planner's recommendation that any minor changes to policies, zoning regulations, by-law or processes to improve clarity or improve processes be included for consideration during the upcoming Official Plan 5-year Review commencing in 2023. CARRIED Council Minutes May 4, 2023 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Regional Municipality of Waterloo re Personal Information of Election Donors B. Northumberland County re AMO Call to Action on Housing and Homelessness C. Federation of Northern Ontario Municipalities re Bail Reform D. City of Stratford re Use of Long -Term Care Funding to Support Community Care Services E. Township of The Archipelago re Road Management Action on Invasive Phragmites Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT items 13.1.1 A — E be received for information. CARRIED 13.1.2 Requiring Action A. Erie Shores Wind Farm re Letter of Support Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the correspondence from Erie Shores Wind Farm re Letter of Support be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham supports the Erie Shores Wind Farm with respect to a renewal of its PPA contract with the Independent Electricity System Operator (IESO); AND THAT correspondence in this matter be provided under the Mayor's signature. CARRIED B. Mark Hill re Vienna Village Speed Limit Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the correspondence from Mark Hill re Vienna Village Speed Limit be received for information; 6 Council Minutes May 4, 2023 AND THAT the Council of The Corporation of the Municipality of Bayham recommends to the County of Elgin that a traffic and speed study be completed on Plank Road at Chute Line in Vienna; AND THAT the Council of The Corporation of the Municipality Bayham recommends to the County of Elgin that the 50 km/h speed limit zone in Vienna be extended north along Plank Road to Light Line. W-ARTSWR 13.2 Reports to Council A. Report CAO-28/23 by Thomas Thayer, CAOICIerk re Amendment to Site Plan Agreement - Graham Estates Inc. o/a Legend Rubber Inc. SPA-03/22 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-28/23 re Amendment to Site Plan Agreement - Graham Estates Inc. ola Legend Rubber Inc. - 56957 Talbot Line, Bayham (Application No. SPA-03/22) be received for information. CARRIED B. Report CAO-29/23 by Thomas Thayer, CAOICIerk re Agreement No. 0766 a+LINK Architecture - Extension Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-29/23 re Agreement No. 0766 - a+LINK Architecture - Extension be received for information; AND THAT the appropriate amending by-law be brought forward for Council's consideration. CARRIED C. Report CAO-31/23 by Thomas Thayer, CAOIClerk re Bill 23, More Homes Built Faster Act, 2022 Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report CAO-31 /23 re Bill 23, More Homes Built Faster Act, 2022 be received for information; AND THAT, to ensure compliance with Bill 23, the Municipality commence the necessary Official Plan Amendment and Zoning By-law Amendment to implement the recommendations contained in the IBI Memorandum, dated April 26, 2023; 7 Council Minutes May 4, 2023 AND THAT staff work with Watson and Associates to prepare and present any applicable background works or studies regarding a development charge incorporating all applicable Municipal services. CARRIED 14. BY-LAWS A. By-law No. 2023-032 Being a by-law to authorize the execution of a temporary use and demolition agreement between Roy Schrijver Farms Ltd. and the Corporation of the Municipality of Bayham B. By-law No. 2023-033 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Mobil Services Inc. for bridge washing services C. By-law No. Z756-2023 Being a by-law to amend By -Law No. Z456-2003, as amended — Lavallee & Rideout D. By-law No. Z757-2023 Being a by-law to amend By -Law No. Z456-2003, as amended — Hiebert Moved by: Councillor Emerson Seconded by: Councillor Froese THAT By-law No. 2023-032, Z756-2023 and Z757-2023 be read a first, second and third time and finally passed. GCC o Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-law No. 2023-033 be read a first, second and third time and finally passed, as amended. e 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an "In Camera" Session at 8:11 p.m. to discuss: 13 Council Minutes May 4, 2023 A. Confidential Report re Personal Matters about an Identifiable Individual (Property Standards Appointments) CARRIED 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 8:21 p.m. and report on Confidential Report re Personal Matters about an Identifiable Individual (Property Standards Appointments) CARRIED Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Confidential Report CAO-30/23 re Personal Matters About an Identifiable Individual (Property Standards Appointments) be received for information; AND THAT the following individuals be appointed to the Property Standards Committee: • Valerie Donnell • Cindy Stewart ■ Debbie Hayward AND THAT the appropriate appointment by-law be brought forward for Council's consideration. CARRIED A. By-law No. 2023-034 Being a by-law to appoint committee members Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT By-law No. 2023-034 be read a first, second and third time and finally passed, as amended. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-035 Being a by-law to confirm all actions of Council Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler 9 Council Minutes May 4, 2023 THAT Confirming By-law No. 2023-035 be read a first, second and third time and finally passed. e 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:23 p.m. CARRIED 10