HomeMy WebLinkAboutOctober 19, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — HYBRID
Thursday, October 19, 2023
7:00 p.m.
The October 19, 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
MANAGER OF PUBLIC WORKS/DRAINAGE
SUPERINTENDENT
TREASURER
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m.
ED KETCHABAW
RAINEY WEISLER *via Zoom
DANFROESE
SUSAN CHILCOTT
TIMOTHY EMERSON
THOMAS THAYER
MEAGAN ELLIOTT
MARGARET UNDERHILL
STEVE ADAMS
LORNE JAMES
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Froese declared a pecuniary interest on item 12.1 B.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
Deputy Mayor Weisler announced that one of Bayham's long time volunteers, Earl Shea,
passed away. Weisler gave a brief summary of his involvement in the community and noted he
will be missed by Council and Staff.
5. PRESENTATIONS
A. Aird Berlis re Integrity Commissioner Report on Code of Conduct Complaint & Municipal
Conflict of Interest Application — Councillor Susan Chilcott
Moved by: Councillor Emerson
Seconded by: Councillor Froese
Council Minutes
October 19, 2023
THAT the presentation by Aird Berlis re Integrity Commissioner Report on Code of Conduct
Complaint & Municipal Conflict of Interest Application — Councillor Susan Chilcott be
received for information.
CARRIED
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Special Council Meeting held October 3, 2023
B. Regular Council Meeting held October 5, 2023
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the minutes of the Special Council Meeting held October 3, 2023 and the minutes of
the Regular Council Meeting held October 5, 2023 be approved as presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
One (1) member of the public spoke to item 5. A
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 BL-07/23 by Stephen Miller, By -Law Enforcement Officer re Third -Party By-law
Enforcement — Tenet Security
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report BL-07/23 re Third -Party By-law Enforcement — Tenet Security be received;
Council Minutes
October 19, 2023
AND THAT Council support allowing the six-month extension with Tenet Security Group
to expire, effective December 31, 2023;
AND THAT staff be directed to provide a by-law enforcement report to Council twice a
year.
INUARM-wo
12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Adoption re Official Plan Amendment No.34
B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-12/23 Bonnefield
Farmland Ontario IV Inc.
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT items 12.1.1 A & B be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-06/23 by Steve Adams, Manager of Public Works/Drainage Superintendent
re 3rd Quarter Drainage Report
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report DR-06/23 re 3rd Quarter Drainage Report be received for information.
CARRIED
B. Report DR-07/23 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Petition for Drainage — Frank Wall 1985763 Ontario Inc.
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report DR-07/23 re Petition for Drainage — Frank Wall 1985763 Ontario Inc. —
8341 Sandytown Road 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 Frank Wall;
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
Council Minutes October 19, 2023
to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration.
CARRIED
C. Report DR-08/23 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Hampton Drain Improvements Contract Award
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DR-08/23 re Hampton Drain Improvements Contract Award be received for
information;
AND THAT the Council of The Corporation of the Municipality of Bayham accepts the
tender for the Hampton Drain Improvements, as submitted by P.B.R. Excavating Inc. in
the amount of $204,149.00+HST, with work to commence on or before October 30, 2023
and be completed on or before November 30, 2023;
AND THAT a by-law to authorize the execution of contract documents with P.B.R.
Excavating Inc. be presented to Council for enactment.
CARRIED
D. Report DS-55/23 by Scott Sutherland, Chief Building Official re 3rd Quarter Report
Moved by: Councillor Emerson
Seconded by' Councillor Froese
THAT Staff Report DS-55/23 re 3rd Quarter Report be received for information.
CARRIED
E. Report DS-59/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official
Plan Amendment No. 35 Algar Farms Ltd. 53921 Nova Scotia Line
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT Staff Report DS-59123 regarding the Official Plan Amendment Application OPA-
04/23 submitted by Algar Farms Ltd. 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
September 21, 2023 associated with this application, there were no presentations and no
oral or written public submissions and that all considerations were taken into account in
Council's decision passing this resolution;
AND THAT Council considers the proposed amendment to add a site -specific text
section to the Official Plan to be consistent with the Provincial Policy Statement 2020, and
in conformity to the Elgin County Official Plan, and the Municipality of Bayham Official
Plan;
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Council Minutes
October 19, 2023
AND THAT By-law No. 2023-078 being an adopting By-law for Official Plan Amendment
No. 35, for the purpose of adding a new site -specific sub -section to permit the severance
of an existing dwelling made surplus through farm consolidation that does not conform to
policy Section 2.1.7.1 which requires a dwelling to be owned by the farm operation within
the Bayham municipal boundary in the Official Plan of the Municipality of Bayham, be
presented for enactment;
AND THAT adopted Official Plan Amendment No. 35 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 Greater Napanee re Guaranteed Livable Income
B. Town of Greater Napanee re Chronic Pain Treatments
C. Town of Cobourg re Illegal Land Use Enforcement
D. Town of Cobourg re Catch and Release Justice in Ontario
E. Town of Midland re Catch and Release Justice in Ontario
F. County of Brant re Guaranteed Livable Income
G. Town of Whitchurch-Stouffville re Illegal Land Use Enforcement
H. Township of West Lincoln re Challenges Faced by Smaller Developers in Ontario
Communities
I. Town of Aurora re Opposition to Strong Mayor Powers in Aurora
J. Town of Aurora re Intimate Partner Violence Epidemic
K. Town of Wasaga Beach re Illegal Car Rally — Provincial Task Force
L. Southwestern Public Health re New Covid-19 Vaccine Formulation for High Risk
Community Members
M. Long Point Region Conservation Authority re September 6, 2023 Meeting Minutes
N. County of Elgin re October 10, 2023 County Council Highlights
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
Council Minutes
THAT items 13.1.1 A — N be received for information.
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13.1.2 Requiring Action
A. Laura Edwards re Plank Road, Chute Line and Northern Vienna Bridge
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
October 19, 2023
THAT the correspondence from Laura Edwards re Plank Road, Chute Line and Northern
Vienna Bridge be received for information;
AND THAT staff be directed to submit this correspondence to Elgin County for comment
and consideration;
AND THAT staff be directed to submit this correspondence to the Elgin County Police
Services Board.
CARRIED
13.2 Reports to Council
A. Report TR-15/23 by Lorne James, Treasurer re 2023 Q3 Variance Report
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Staff Report TR-15/23 re 2023 Q3 Variance Report be received for information;
AND THAT staff be directed to invest $250,000.00 into a 1-year GIC with RBC.
CARRIED
B. Report CL-12/23 by Meagan Elliott, Clerk re Municipal Assistance — Port Burwell Legion
Remembrance Day Parade
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report CL-12/23 re Municipal Assistance — Port Burwell Legion Remembrance
Day Parade be received for information;
AND THAT the proposed road closures and use of Municipal lands for the Port Burwell
Legion Remembrance Day Parade be approved, subject to provision of liability
insurance certificate in the minimum amount of $2,000,000.00 naming the Municipality of
Bayham as an additional insured;
AND THAT a staff presence for road closure purposes be approved with the ability to
utilize the OPP as a backup and, if utilized, compensate from the Municipal Assistance
budget;
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October 19, 2023
AND THAT staff be directed to advise external agencies of the approved event and
obtain County approval for use of County Roads;
AND THAT staff be directed to further coordinate details of the events with the event
contacts;
AND THAT the Municipality of Bayham reserves the right to revoke said approvals at
any time for any reason.
CARRIED
C. Report CAO-53/23 by Thomas Thayer, CAO re Extension of Site Plan Agreement —
John and Jennifer Klassen — 9253 Plank Road SPA-06/21
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report CAO-53/23 re Extension of Site Plan Agreement — John and Jennifer
Klassen — 9253 Plank Road, Straffordville (Application No. SPA-06/21) be received for
information.
CARRIED
D. Report CAO-54/23 by Thomas Thayer, CAO re Site Plan Agreement — Latimer — 54296
Heritage Line SPA-02/23
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT Report CAO-54/23 re Site Plan Agreement — Latimer — 54296 Heritage Line,
Straffordville (Application No. SPA-02/23) be received for information.
CARRIED
E. Report CAO-55/23 by Thomas Thayer, CAO re Benefits and Costs — Blue Flag Status at
the Port Burwell East Beach
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report CAO-55/23 re Benefits and Costs — Blue Flag Status at the Port Burwell
East Beach be received for information;
AND THAT staff be directed to submit the 2024 Blue Flag application.
CARRIED
F. Report CAO-56/23 by Thomas Thayer, CAO re Roads Maintenance Agreement — Elgin
County
Moved by: Councillor Emerson
Council Minutes
Seconded by: Councillor Chilcott
October 19, 2023
THAT Report CAO-56/23 re Roads Maintenance Agreement — Elgin County be received
for information;
AND THAT Council directs the Chief Administrative Officer to execute the Roads
Maintenance Agreement between the Municipality of Bayham and Elgin County;
AND THAT the appropriate authorizing by-law be brought forward for Council's
consideration.
CARRIED
14. BY-LAWS
A. By-law No. 2023-078 Being a by-law to adopt Official Plan Amendment No. 35
B. By-law No. 2023-079 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and P.B.R. Excavating Inc. for
Hampton Drain Works
C. By-law No. 2023-080 Being a by-law to authorize the execution of a County Roads
maintenance agreement between the Corporation of the Municipality of Bayham and the
Corporation of the County of Elgin
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT By-law Nos. 2023-078, 2023-079 and 2023-080 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. 2023-081 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Confirming By-law No. 2023-081 be read a first, second and third time and finally
passed
EGG e
Council Minutes October 19, 2023
ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 8:49 p.m.
CARRIED
MAYOR CLERK