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HomeMy WebLinkAboutOctober 05, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, October 5, 2023 7:00 p.m. The October 5, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS ABSENT: COUNCILLORS STAFF PRESENT: CAO CLERK PLANNING COORDINATOR / DEPUTY CLERK FIRE CHIEF BY-LAW ENFORCEMENT OFFICER PLANNING CONSULTANT PLANNING CONSULTANT CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:03 p.m. ED KETCHABAW RAINEY WEISLER DAN FROESE *via Zoom SUSAN CHILCOTT TIMOTHY EMERSON THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL HARRY BARANIK STEPHEN MILLER CHRISTIAN TSIMENIDIS *via Zoom DOUGLAS STEWART *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 12.2 A Report DS-56/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E71-23, 10000381098 Ontario Inc. 9 & 11 Oak Street 12.2 B Report DS-57/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/23 Shaw & Shipway, 10465 Plank Road 12.2 C Report DS-58/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment No. 34 More Home Built Faster Act, 2022 (Bill 23) 14. C By-law No. 2023-077 Being a by-law to adopt Official Plan Amendment No. 34 Council Minutes October 5, 2023 4. ANNOUNCEMENTS Deputy Mayor Weisler wished everyone a Happy Thanksgiving. Mayor Ketchabaw noted that it is Ontario Agricultural Week. CAO Thomas Thayer reminded residents that with it being Thanksgiving, the Municipal Office will be closed on Monday. Clerk Meagan Elliott reminded residents that the registration deadline for the October 16th bulk garbage pick-up is Tuesday, October 10tn 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held September 21, 2023 B. Planning Public Meeting held September 21, 2023 C. Drainage Court of Revision Meeting held September 21, 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Regular Council Meeting, Planning Public Meeting and Drainage Court of Revision Meeting held September 21, 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 2 Council Minutes October 5, 2023 A. Report FR-04/23 by Harry Baranik, Fire Chief re Fire Prevention Week October 8-14, 2023 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report FR-04/23 re Fire Prevention Week: October 8-14, 2023 be received for information. CARRIED B. Report BL-06/23 by Stephen Miller, By -Law Enforcement Officer re Zoning By-law Enforcement Policy Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report BL-06/23 re Zoning By-law Enforcement Policy be received for information; AND THAT Council approve the attached Zoning Enforcement Policy as presented; AND THAT the appropriate adopting by-law 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 re Zoning By-law Amendment ZBA-10/23 Froese B. Notice of Decision re Minor Variance Application A-09/23 Wall Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 12.1.1 A & B be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-56/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E71-23, 1000381098 Ontario Inc. 9 & 11 Oak Street Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler Council Minutes October 5, 2023 THAT Report DS-56/23 regarding Consent Application E71-23 submitted by 1000381098 Ontario Inc, be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E71-23 be granted subject to the following conditions and considerations: 1_ That the Owner provides an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality 2. Cash -in -lieu of Parkland fee payable to the Municipality as required in Municipal By-law No. 2020-053 3, Planning Report fee payable to the Municipality 4. Provide a digital copy of the registered plan of survey CARRIED (3_ Report DS-57/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/23 Shaw & Shipway, 10465 Plank Road Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-57/23 regarding the Charles Shaw and Debbie Shipway rezoning application ZBA-11/23 be received for information; AND THAT Council defers the requested Zoning By-law Amendment application for the following reasons: a) In order to address conformity with Official Plan Policy 2.1.2.2(a), the applicant shall provide an MDS II Report/Analysis prepared by a qualified professional. b) In order to address conformity with Official Plan Policy 2.1.2.3, the applicant shall confirm that the proposed buildings used for the housing of livestock or storage of manure and including the construction of an earthen manure storage facility does not exceed 5 nutrient units. Should the proposed use exceed 5 nutrient units, the applicant shall provide a Nutrient Management Strategy prepared by a qualified professional. c) That the applicant consult with the LPRCA to determine whether the proposed accessory structures fall within the regulation limits of the Conservation Authority and would require written permission and/or permit from the LPRCA. CARRIED Council Minutes October 5, 2023 C. Report DS-58/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Amendment No. 34 More Home Built Faster Act, 2022 (Bill 23) Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-58/23 regarding Official Plan Amendment No. 34 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 August 17, 2023 regarding More Homes Built Faster Act, 2022 (Bill 23) changes; AND THAT the proposed amendment is consistent with the Provincial Policy Statement 2020 and the Elgin County Official Plan; AND THAT By-law No. 2023-077, as amended, being an adopting By-law for Official Plan Amendment No. 34 regarding consistency and conformity to the Planning Act as a result of recent Provincial legislative changes included in the More Homes Built Faster Act, 2022 (Bill 23), be presented for enactment; AND THAT adopted Official Plan Amendment No. 34 be forwarded to the County of Elgin for approval. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Midland re Catch and Release Justice B. City of Hamilton re Support for Basic Income C. City of Cambridge re Declaring Intimate Partner Violence an Epidemic D. City of Quinte West re Support for Municipality of Wawa Resolution re Chronic Pain Treatments E. Township of Montague re Request to Review MFIPPA F. Township of Puslinch re Request to Review MFIPPA G. County of Elgin re September 12, 2023 County Council Highlights H. County of Elgin re September 26, 2023 County Council Highlights Council Minutes October 5, 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 13.1.1 A — H be received for information. CARRIED 13.1.2 Requiring Action A. Otter Valley Naturalists re Initiative to Plant a Native Host Plant and Pollinators Garden Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the correspondence from the Otter Valley Naturalists (OVN) re Initiative to Plant a Native Host Plant and Pollinators Garden be received for information; AND THAT Council for the Corporation of the Municipality of Bayham approves the request from the OVN to establish and maintain a pollinator garden on the grounds of the Straffordville Library, to the north of the Straffordville Library; AND THAT staff be directed to work with the OVN for proper placement of the garden and signage to the satisfaction of the Municipality; AND THAT the OVN provide proof of insurance, consistent with Municipal standards for same, for use of the grounds as identified. CARRIED 13.2 Reports to Council A. Report CAO-51/23 by Thomas Thayer, CAO re Housing Affordability Task Force Recommendations Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-51/23 re Housing Affordability Task Force Recommendations received for information; AND THAT the Council of The Corporation of the Municipality of Bayham directs Mayor Ketchabaw to submit the recommendations attached as Attachment No. 4 to this Report to the Ministry of Municipal Affairs and Housing (MMAH) in advance of the October 16, 2023 deadline. B. Report CAO-52/23 by Thomas Thayer, CAO re Council Appointment — Elgin County Business Retention and Expansion Leadership Team Council Minutes Moved by: Councillor Chilcott Seconded by: Councillor Froese October 5, 2023 THAT Report CAO-52/23 re Council Appointment - Elgin County Business Retention and Expansion Leadership Team be received for information; AND THAT Council appoint Mayor Ketchabaw as Bayham's representative to sit on the Elgin County Business Retention and Expansion Leadership Team. CARRIED 14. BY-LAWS A. By-law No. 2023-065 Being a by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Hampton Municipal Drain Improvements B. By-law No. 2023-075 Being a by-law to adopt a zoning enforcement policy C. By-law No. 2023-077 Being a by-law to adopt Official Plan Amendment No. 34 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-law No. 2023-065 be read a third time and finally passed; AND THAT By-law Nos. 2023-075 and 2023-077 as amended, be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-076 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2023-076 be read a first, second and third time and finally passed. W-ITMITIM 7 Council Minutes October 5, 2023 ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:32 p.m. CARRIED MAYOR CLERK S