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HomeMy WebLinkAboutAugust 17, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, August 17, 2023 7:00 p.m. 7:30 p.m. Planning Public Meeting 8:00 p.m. Drainage Public Meeting The August 17, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT_: MAYOR DEPUTY MAYOR COUNCILLORS STAFF PRESENT: CAO CLERK PLANNING COORDINATOR / DEPUTY CLERK BY-LAW ENFORCEMENT OFFICER FIRE CHIEF MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER TREASURER 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON *via Zoom DANFROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL STEPHEN MILLER HARRY BARANIK STEVE ADAMS ED ROLOSON LORNE JAMES *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 13.2 G CAO-47/23 by Thomas Thayer, CAO re Cost Estimate — Restoration of the Port Burwell Lighthouse 4. ANNOUNCEMENTS Councillor Chilcott reminded residents that the Watermelon Festival is this Saturday, August 26, 2023 at the Straffordville Community Centre grounds. Council Minutes 5. PRESENTATIONS August 17, 2023 A. Stephen Miller, Bayham/Malahide By-law Enforcement Officer re By-law Enforcement Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the presentation from Stephen Miller, Bayham/Malahide By-law Enforcement Officer re By-law Enforcement be received for information. CARRIED The Council Meeting recessed to correct a technical error at 7:07 pm. The Council Meeting resumed at 7:11 pm. 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held July 20, 2023 B. Statutory Planning Meeting held July 20, 2023 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the minutes from the Regular Council meeting held July 20, 2023 and the Statutory Planning meeting held July 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 F, Council Minutes August 17, 2023 The Council Meeting recessed to hold a Planning Public Meeting at 7:33 pm. The Council Meeting resumed at 7:41 pm. A. Report BL-04/23 by Stephen Miller, By-law Enforcement Officer re Zoning By-law Enforcement Policy Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report BL-04/23 re Zoning By-law Enforcement Policy be received for information; AND THAT a Zoning By-law Enforcement Policy be brought forward for Council's consideration with the approach outlined in Option 2 as contained within this report. CARRIED The Council Meeting recessed to hold a Drainage Public Meeting at 7:58 pm. The Council Meeting resumed at 8:19 pm. B. Report PS-13/23 by Ed Roloson, Manager of Capital Projects/Water & Wastewater Operations re MECP Consolidated Linear Infrastructure Environmental Compliance Approvals Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report PS-13/23 re: MECP Consolidated Linear Infrastructure Environmental Compliance Approvals be received for information; AND THAT Council consider alternatives to storm water management ponds regarding future consideration of Storm Water Management facilities as components of development proposals. CARRIED 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-08/23 — Blatz B. Notice of Public Meeting re Proposed Official Plan and Zoning By-law Amendment OPA- 05/23 and ZBA 09/23 — Municipality of Bayham Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 12.1.1 A & B be received for information. CARRIED 3 Council Minutes 12.1.2 Requiring Action 12.2 Reports to Council August 17, 2023 A. Report DR-03/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re Petition for Drainage — Obar/Cain Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DR-03/23 regarding the petition for drainage for the David Obar and Jessica Cain be received; AND THAT the Council of The Corporation of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from David Obar and Jessica Cain; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates Ltd., 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-47/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-06/23 Gregory Underhill Farms Ltd. 55267 Orchard Line Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-47/23 regarding the Gregory Underhill Farms Ltd. rezoning application ZBA-06/23 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 July 20, 2023 associated with this application, there were no written submissions and no 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 1 Part Lots 11 and 12, known municipally as a portion of 55267 Orchard Line from the C3 and A2 Zone to a site - specific C3-1 zone consistent to the Big Otter Marina and Campground lot addition lands, and to specifically permit seasonal travel trailer park use on the severed lands in accordance to the Official Plan; AND THAT Zoning By-law No. Z758-2023 be presented to Council for enactment. CARRIED 4 Council Minutes August 17, 2023 C. Report DS-48/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-07/23 Crevits 56858 Tunnel Line Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report DS-48/23 regarding the Brian and Maria Crevits rezoning application ZBA- 07/23 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 July 20, 2023 associated with this application, there were no written submissions and no 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 3 Lot 23, known municipally as a 56858 Tunnel Line, from Agricultural (Al) to Special Agricultural (A2) on the retained lands, and from Agricultural (Al) Zone to a Rural Residential (RR) Zone on the severed lands to permit the severance of a surplus farm dwelling in accordance with Official Plan policies; AND THAT Zoning By-law No. Z759-2023 be presented to Council for enactment. CARRIED D. Report DS-49/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E53-23 Pettigrew 6423 Plank Road Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-49/23 regarding the Consent Application E53-23 Pettigrew be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E53-23 be granted subject to the following conditions and considerations: 1 Connection of the existing dwelling to the municipal water service 2 Connection of the existing dwelling to the municipal sanitary service 3 Owner obtain zoning approval to remove the Holding `h2' Symbol for the severed land 4. Owner remove any and all structures from the retained lands to the satisfaction of the Municipality :x Engineered storm water management, drainage/grading plan for the severed parcel to show that the neighbouring lands will not be negatively impacted by surface runoff to the satisfaction of the Municipality f; That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for a municipal Council Minutes August 17, 2023 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. 7. Payment of Cash in Lieu of Parkland Dedication fee as required in Municipal By- law No. 2020-053 8. Provide a digital copy of the registered plan of survey of the subject land and includes in the drawing package the requirements from the Planning Act Section 51(17) 9. Payment of the Planning Report fee to the Municipality 10. Purchase of a civic number sign for the severed lot from the Municipality CARRIED E. Report DS-50/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Development Agreement 7363 Coyle Road, Minor Variance A-06/23 Redsell Moved by: Councillor Frose Seconded by: Councillor Chilcott THAT Report DS-50/23 regarding the Redsell/Astbury Development Agreement be received; AND THAT Council authorize the execution of a Development Agreement between the Municipality and Matthew Redsell and Dorothee Astbury to permit the placement of two (2) supplementary farm dwellings at 7363 Coyle Road; AND THAT By-law No. 2023-060 be presented for enactment. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Amherstburg re Support Letter: Local Emergency Response System and Gaps in Healthcare — Code Red & Black Frequency B. City of Hamilton re Provincial Amendments to the Greenbelt Plan C. Municipality of North Perth re Reducing Municipal Insurance Costs D. Town of Fort Erie re Controls on Airbnb, VRBO and Others Which Affect Municipal Rentals E. City of Woodstock re Homelessness Crisis and Opioid Crisis F. City of Woodstock re Safe and Respectful Workplace Council Minutes August 17, 2023 G. Northumberland County re Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement H. Town of Halton Hills re Support for School Bus Stop Arm Cameras I. Village of Merrickville-Wolford re Proposed Provincial Planning Statement J. Township of Puslinch re Bill 3, Special Powers and Duties of Heads of Council K. Township of Puslinch re Short Term Rentals L. City of Toronto re Proposed Provincial Planning Statement M. County of Elgin re July 25, 2023 County Council Highlights N. County of Elgin re August 8, 2023 County Council Highlights Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT items 13.1.1 A — N be received for information; AND THAT the Council of the Corporation of the Municipality supports item D - Town of Fort Erie re Controls on Airbnb, VRBO and Others Which Affect Municipal Rentals. CARRIED 13.1.2 Requiring Action A. Linda Phillips Kelm re Jackson Line Traffic Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the correspondence from Linda Phillips Kelm re Jackson Line Traffic be received for information, - AND THAT the matter be referred back to staff under the speed limit assessment policy for review and consideration. CARRIED B. John and Donna Wilkinson re Dangerous Driving on Plank Road, Eden Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the correspondence from John and Donna Wilkinson re Dangerous Driving on Plank Road, Eden be received for information, 7 Council Minutes August 17, 2023 AND THAT staff be directed to forward this correspondence to the County of Elgin and the Ontario Provincial Police. CARRIED 13.2 Reports to Council A. Report TR-13/23 by Lorne James, Treasurer re 2023 Q2 Variance Report Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Staff Report TR-13/23 re 2023 Q2 Variance Report be received for information; AND THAT staff be directed to invest $1.5M on a one (1) year GIC with RBC at a 5.75% interest rate. CARRIED B. Report CL-09/23 by Meagan Elliott, Clerk re Curbside Bulk Garbage Pick -Up Program Policy Moved by: Councillor Chilcott Seconded by: Counillor Froese THAT Report CL-09/23 re Curbside Bulk Garbage Pick -Up Program Policy be received for information; AND THAT the appropriate by-law be brought forward to adopt the policy as presented. CARRIED C. Report CAO-43/23 by Thomas Thayer, CAO re Contract Extension — Ontario Provincial Police — Elgin Group Policing Services Agreement Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-43/23 re Contract Extension — Ontario Provincial Police — Elgin Group Policing Services Agreement be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham agrees to extend the existing Elgin Group Policing Services Agreement with the Ontario Provincial Police (OPP) for a further two-year period, ending December 31, 2025; AND THAT the appropriate authorizing by-law be brought forward for Council's consideration. CARRIED a Council Minutes August 17, 2023 D. Report CAO-44/23 by Thomas Thayer, CAO re Update of Bayham Building and Planning Fees Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report CAO-44/23 re Update of Bayham Building and Planning Fees be received for information; AND THAT Council approve the recommended planning and building fees as presented in the consultant's report; AND THAT a comprehensive Rates and Fees By-law, inclusive of the updated Building and Planning fees, be presented to Council for consideration. CARRIED E. Report CAO-45/23 by Thomas Thayer, CAO re Shared Services — Malahide Request to Withdraw from Planning Services Provisions Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-45/23 re Shared Services — Malahide Request to Withdraw from Planning Services Provisions be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham agrees to permit the withdrawal of the Township of Malahide from the Planning Services provisions in the Shared Services Memorandum of Understanding (MOU), adopted by By-law No. 2023-003; AND THAT the Building and By-law Services components of the MOU shall be deemed to remain in force and effect; AND THAT correspondence be provided to the Township of Malahide under the Chief Administrative Officer's signature. e F. Report CAO-46/23 by Thomas Thayer, CAO re Quitclaim of Municipal Interest — Registered Plan 4 — Vienna, 55106 Vienna Line Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-46/23 re Quitclaim of Municipal Interest — Registered Plan 4 — Vienna, 55106 Vienna Line be received for information. CARRIED N Council Minutes August 17, 2023 G. CAO-47/23 by Thomas Thayer, CAO re Cost Estimate — Restoration of the Port Burwell Lighthouse Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-47/23 re Cost Estimate — Restoration of the Port Burwell Lighthouse be received for information; AND THAT discussion regarding the restoration of the Port Burwell Lighthouse be referred to the 2024-2033 Capital Budget Special meeting, scheduled for October 3, 2023 o 14. BY-LAWS A. By-law No. 2023-060 Being a by-law to authorize the execution of a development agreement between Matthew Redsell and Dorothee Astbury and the Corporation of the Municipality of Bayham B. By-law No. 2023-061 Being a by-law for the use, protection and regulation of public parks and recreation areas in the Municipality of Bayham C. By-law No. 2023-062 Being a by-law to amend by-law 2023-053 being a by-law to appoint municipal officers and employees for the Municipality of Bayham D. By-law No. 2023-063 Being a by-law to adopt the curbside bulk garbage pick-up program policy E. By-law No. 2023-064 Being a by-law to authorize the Mayor and Clerk to execute an amending agreement with His Majesty the King in Right of Ontario as represented by the Solicitor General for the provision of police services for the Elgin group municipalities F. By-law No. 2023-065 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Hampton Municipal Drain Improvements G. By-law No. Z758-2023 Being a by-law to amend By -Law No. Z456-2003, as amended — Gregory Underhill Farms Ltd. H. By-law No. Z759-2023 Being a by-law to amend By -Law No. Z456-2003, as amended — Crevits Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT By-law No. 2023-061 be referred back to staff for amendments to Sections 2.1.1 and 2.1.16; 10 Council Minutes August 17, 2023 AND THAT By-law No. 2023-065 be given a first and second reading; AND THAT By-law Nos. 2023-060, 2023-062, 2023-063, 2023-064, Z758-2023 and Z759-2023 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Minutes of the Waterfront Advisory Committee Meeting held July 17, 2023 B. Minutes of the Museum Advisory Committee Meeting held July 19, 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the draft minutes from the Waterfront Advisory Committee meeting held July 17, 2023 and the draft minutes from the Museum Advisory Committee meeting held July 19, 2023 be received for information. CARRIED C. Recommendations to Council from the Waterfront Advisory Committee Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the recommendations to Council from the Waterfront Advisory Committee be received for information; AND THAT staff be directed to Report to Council with an informational report on the history of bioswale maintenance before the Operating Budget deliberations; AND THAT a line item regarding annual bioswale maintenance be referred to the 2024 Operating Budget discussions; AND THAT Council accepts the Waterfront Advisory Committee's recommendation for no further considerations on a community BBQ at the Beach; AND THAT further discussion on a playground at the Port Burwell East Beach be referred to the Capital Budget Special Meeting. CARRIED D. Recommendations to Council from the Museum Advisory Committee Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler 11 Council Minutes August 17, 2023 THAT the recommendations to Council from the Museum Advisory Committee be received for information; AND THAT any further discussion about a completion of works deadline for Capital Item FA-07 MM Washroom be referred to the Capital Budget discussion; AND THAT staff be directed to include expenses for moving the life boat into the Museum to the applicable Budget; AND THAT any discussions on fundraising efforts for the PB lighthouse be part of the Capital Budget deliberations. CARRIED 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-066 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2023-066 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 10:18 p.m. CARRIED -�� MAR CLERK 22