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HomeMy WebLinkAboutDecember 07, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, December 7, 2023 7:00 p.m. The December 7, 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 FIRE CHIEF TREASURER PLANNING CONSULTANT CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DANFROESE SUSAN CHILCOTT THOMAS THAYER *via Zoom MEAGAN ELLIOTT MARGARET UNDERHILL STEVE ADAMS HARRY BARANIK LORNE JAMES *via Zoom CHRISTIAN TSIMENIDIS *via Zoom , DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Dan Froese declared a pecuniary interest to item 12.2 A. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Deputy Mayor Weisler reminded residents of the Santa Claus Parade taking place in Straffordville this Saturday, December 91h. Those wanting to be part of the parade are to arrive in the SCC parking lot for 10, and the parade starts at 10:30. CAO Thomas Thayer announced the launch of the new Municipal Website earlier this week and thanked staff for their efforts. Thayer reminded residents that we will be closed as of Noon on Friday, December 22nd and reopen at 8:30 on January 2d. Thayer also congratulated Mayor Ketchabaw on being re-elected as Elgin County's Warden. Councillor Chilcott announced the last breakfast at the lodge for the year is December 17th Councillor Chilcott also commended staff on the new website. Council Minutes 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held November 16, 2023 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler December 7, 2023 THAT the minutes of the Regular Council Meeting held November 16, 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 FR-05/23 by Harry Baranik, Fire Chief/CEMC re Grant Received from Enbridge Gas — 2023 Safe Community Assist Project — Education and Training Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report FR-05/23 re Grant Received from Enbridge Gas — 2023 Safe Community Assist Project — Education and Training be received for information. B. Report PS-18/23 by Steve Adams, Manager of Public Works/Drainage Superintendent re East Beach Bioswale Maintenance Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott I Council Minutes December 7, 2023 THAT Report PS-18/23 re East Beach Bioswale Maintenance be received for information; AND THAT further discussions regarding funds for a Municipal Stormwater Management System Operations Manual be referred to 2024 Operating Budget discussions. 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 ZBA-12/23 Bonnefield Farmland Ontario IV Inc. 55314 Jackson Line B. Notice of Decision re Minor Variance A-08/23 Thiessen 45 Chatham Street C. Notice of Meeting re Proposed Minor Variance A-10/23 Hiebert 6 MacNeil Court Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 12.1.1 A — C be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-64123 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E2-24 Dan Froese and Dan Froese Farms Inc. Councillor Froese left the table at 7:25pm Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-64/23 regarding the Consent Application E2-24 Dan Froese and Dan Froese Farms Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E2-24 be granted subject to the following conditions and considerations: 1. The owner obtain approval of a Zoning By-law Amendment for the proposed severed parcel from an Agricultural (Al) zone to a Rural Residential (RR) Zone with a Site -specific exception to recognize and permit the existing Front Yard Depth of 8.5 metres for the existing dwelling 2. The owner obtain approval of a Zoning By-law Amendment for the proposed 3 Council Minutes December 7, 2023 retained lands from an Agricultural (Al) zone to a Special Agricultural (A2) zone to prohibit new dwellings 3 That the owner removes the existing mobile home trailer on the subject property 4 That the owner provides the Planning Report fee payable to the Municipality 5 That the owner provides a digital copy of the final survey of the subject lands to the Municipality 6 That the owner purchases a civic number sign for the retained parcel from the Municipality CARRIED Councillor Froese returned to the table at 7:28pm B. Report DS-65/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E4-24 Lankhuijzen Farms Ltd. Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-65/23 regarding the Consent Application E4-24 Lankhuijzen Farms Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E4-24 be granted subject to the following conditions and considerations: 1. The owner obtain approval of a Zoning By-law Amendment for the proposed severed parcel from an Agricultural (Al) zone to a Site -specific Rural Residential (RR-XX) zone to permit the Rear Yard Depth of 3.0 metres, permit the existing oversized accessory building of 285 m2 constructed prior to the passing of the future By-law, as well as the prohibition of the keeping of livestock 2. The owner obtain approval of a Zoning By-law Amendment for the proposed retained lands from an Agricultural (Al) zone to a Site -specific Special Agricultural (A2-XX) zone to prohibit new dwellings and recognize the existing supplementary farm dwelling constructed prior to the passing of the future By-law That the owner enters into a Development Agreement with the Municipality to register the existing supplementary farm dwelling (bunkhouse) and agree to the standard agreement for supplementary farm dwellings 4 That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Vienna Line 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. That the owner removes the existing two (2) greenhouse buildings/structures from the subject property C The owner removes the existing shed, located directly north and adjacent to the existing barn on the proposed severed lot, from the subject property r That the owner provides the Planning Report fee payable to the Municipality Council Minutes December 7, 2023 8. That the owner provides a digital copy of the final survey of the subject lands to the Municipality 9. That the owner purchases a civic number sign for the retained parcel from the Municipality CARRIED C. Report DS-66/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E6-24 Gregory Underhill Farms Ltd. Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-66/23 regarding the Consent Application E6-24 Gregory Underhill Farms Ld. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E6-24 be granted subject to the following conditions and considerations: I- The owner obtain approval of a Zoning By-law Amendment for the proposed severed parcel from an Agricultural (Al) zone to a Rural Residential (RR) Zone _ The owner obtain approval of a Zoning By-law Amendment for the proposed retained lands from an Agricultural (Al) zone to a Special Agricultural (A2) zone to prohibit new dwellings 3_ That the owner provides the Planning Report fee payable to the Municipality 4_ That the owner provides a digital copy of the final survey of the subject lands to the Municipality 6. That the owner obtain a Road Access Permit from the Municipality for a new access to the retained lands 6. That the owner purchases a civic number sign from the Municipality for the retained parcel CARRIED D. Report DS-67/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/23 Shaw & Shipway Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-67/23 regarding the Shaw and Shipway rezoning application ZBA- 11/23 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 September 21, 2023 associated with this application, there were no written submissions and no oral presentation received regarding this matter; Council Minutes December 7, 2023 AND THAT Council considered Staff Report DS-57/23 on October 5, 2023 and deferred the application for the purpose of obtaining additional information regarding MDS II Report /Analysis, Nutrient Management Strategy and LPRCA comments; AND THAT all considerations were taken into account in Council's decision passing this resolution; AND THAT Council defer the requested Zoning By-law Amendment Application ZBA- 11/23, subject to the applicant amending the application for further consideration: a) by proposing a reduced number and/or type of livestock that generate less odour, and reduces the required MDS II setbacks; and, b) by submitting an MDS II Map/Schedule and associated calculations prepared by a qualified professional, similar to what was prepared by municipal staff, demonstrating that the proposed livestock accessory buildings/structures are located outside of the required MDS II setbacks to ensure that the intent and purpose of the MDS Guidelines are met. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Prince Edward County re Ministry of the Environment, Conservation and Parks Expand Permit -By -Rule Proposal B. Loyalist Township re Ministry of the Environment, Conservation and Parks Expand Permit -By -Rule Proposal C. Municipality of Tweed re Funding Grant Programs D. Town of Bracebridge re Request for Amendment to Legislation Act, 2006 E. Township of Puslinch re Illegal Land Use Enforcement F. Township of Puslinch re Amendment to the Legislation Act, 2006 G. Elgin County re November 14, 2023 County Council Highlights H. Elgin Group Police Services Board re Plank Road at Chute Line and Northern Vienna Bridge I. Elgin Group Police Services Board re September 20, 2023 Minutes J. Capstone Infrastructure re Virtual Public Community Meeting Council Minutes December 7, 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT items 13.1.1 A — J be received for information; AND THAT staff be directed to report back to Council with further information surrounding item A. WCC e 13.1.2 Requiring Action A. Susanne Schlotzhauer re Request for Action, Lighthouse Reserve Funds Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the correspondence from Susanne Schlotzhauer re Request for Action, Lighthouse Reserve Funds be received for information; AND THAT the correspondence be referred to the 2024 operating budget deliberations. CARRIED B. Grand River Conservation Authority re Lake Erie Region Source Protection Committee Municipal Member Nomination Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the correspondence from the Grand River Conservation Authority re Lake Erie Region Source Protection Committee Municipal Member Nomination be received for information; AND THAT Council for the Municipality of Bayham supports the nomination of Alex Piggot, Manager of Environmental Services at the Municipality of Central Elgin, as municipal representative for Group 7 on the Lake Erie Region Source Protection Committee. C. Long Point Region Conservation Authority re 2024 Draft Budget Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the correspondence from the Long Point Region Conservation Authority re 2024 Draft Budget be received for information. CARRIED Council Minutes 13.2 Reports to Council December 7, 2023 A. Report TR-17/23 by Lorne James, Treasurer re Revised Cemetery By-laws and Rates and Fees Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Staff Report TR-17/23 re Revised Cemetery By -Laws and Rates and Fees be received for information; AND THAT Council approve the changes to the Cemetery By -Laws, Nos. 2015-116 and 2016-057; AND THAT the appropriate by-laws be brought forth for Council's consideration; AND THAT staff be directed to forward the revised by-laws to the Bereavement Authority of Ontario for acceptance. B. Report CL-14/23 by Meagan Elliott, Clerk re Update to Municipal Rates and Fees Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report CL-14/23 re Update to Municipal Rates and Fees be received for information; AND THAT the updated rates and fees be approved with the following amendments: - By-law exemption and noise exemption request to $50 AND THAT the appropriate by-law be brought forward for Council's consideration; AND THAT a Facility Rental Policy be presented to Council for consideration. CARRIED C. Report CL-15/23 by Meagan Elliott, Clerk re Diversity, Equity and Inclusion Plan Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CL-15/23 re Diversity, Equity and Inclusion Plan be received for information; AND THAT the Council for The Corporation of the Municipality of Bayham adopts the Council Minutes December 7, 2023 Diversity, Equity and Inclusion Plan as presented. CARRIED D. Report CAO-61/23 by Thomas Thayer, CAO re Amendment to Site Plan Agreement Lighthouse Gospel Church — SPA-01/23 Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CAO-61/23 re Amendment to Site Plan Agreement — Lighthouse Gospel Church — 59 Victoria Street, Port Burwell (Application No. SPA-01/23) be received for information. CARRIED E. Report CAO-62/23 by Thomas Thayer, CAO re Enabling Accessibility Fund — Grant Award and Agreement Authorization Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report CAO-62/23 re Enabling Accessibility Fund — Grant Award and Agreement Authorization be received for information; AND THAT the Chief Administrative Officer and Mayor be directed to execute an Agreement with His Majesty the King in Right of Canada, as represented by the Minister of Employment and Social Development, in respect of the Enabling Accessibility Grant awarded for the Marine Museum Accessibility Improvements; AND THAT the appropriate authorizing by-law be brought forward for Council's consideration; AND THAT Capital Item FA-06 be removed from the approved -in -principle 2024-2033 Capital Budget; AND THAT the $20,000 in funding identified for Capital Item FA-06 be re -allocated to Capital Item FA-07. CARRIED F. Report CAO-63/23 by Thomas Thayer, CAO re Straffordville Community Centre Expansion — Timeline Update and Financial Impacts Moved by' Councillor Chilcott Seconded by: Councillor Froese Council Minutes December 7, 2023 THAT Report CAO-63/23 re Straffordville Community Centre Expansion — Timeline Update and Financial Impacts be received for information. CARRIED G. Report CAO-66/23 by Thomas Thayer, CAO re Amendment to Site Plan Agreement Periscope Playhouse — SPA-05/23 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CAO-66/23 re Amendment to Site Plan Agreement — Periscope Playhouse Inc. —42 Wellington Street, Port Burwell (Application No. SPA-05/23) be received for information. CARRIED 14. BY-LAWS A. By-law No. 2023-086 Being a by-law to authorize the execution of an enabling accessibility fund agreement between His Majesty the King in Right of Canada and the Corporation of the Municipality of Bayham for works to the Marine Museum entrance and washroom B. By-law No. 2023-087 Being a by-law for the management, regulation and control of cemeteries C. By-law No. 2023-088 Being a by-law to adopt schedules A — H for the management, regulation and control of cemeteries Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2023-086, 2023-087 and 2023-088 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an "In Camera" Session at 9:43 p.m. to discuss: 10 Council Minutes December 7, 2023 A. Confidential Item re Labour relations, employee negotiations (Compensation) 8_ Confidential Item re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street) CARRIED 16.2 Out of Camera Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the Council do now rise from the "In Camera" Session at 10:13 p.m. and report on Confidential Item re Labour relations, employee negotiations (Compensation) and Confidential Item re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street). CARRIED Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Confidential Item re Labour relations, employee negotiations (Compensation) be received for information; AND THAT staff proceed as directed. CARRIED Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Confidential Item re Sale or disposition of land; a position, plan, procedure, criteria or instruction to be applied to any negotiations on or to be carried on by or on behalf of the Municipality or local board (Faye Street) be received for information; AND THAT staff proceed as directed. EGGM 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-089 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler 11 Council Minutes Seconded by: Councillor Chilcott December 7, 2023 THAT Confirming By-law No. 2023-089 be read a first, second and third time and finally passed. . A:: R 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 10:15 p.m. CARRIED MAYOR CLERK 12