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Home My WebLink AboutNovember 16, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, November 16, 2023 7:00 p.m. The November 16, 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 CAPITAL PROJECTS / WATER/WASTEWATER MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER *via Zoom TIMOTHY EMERSON DANFROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL ED ROLOSON STEVE ADAMS *via Zoom 2. 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 16.1 D Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose (Lighthouse) 4. ANNOUNCEMENTS Councillor Chilcott reminded residents of the Light up the Park event in Vienna on Saturday, November 18, 2023 beginning at &30 pm. Chilcott also reminded of the Santa Claus Parade in Port Burwell on Saturday, December 2, 2023 5. PRESENTATIONS Council Minutes November 16, 2023 6. DELEGATIONS A. Nick Collard re Capstone Infrastructure Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Delegation from Nick Collard re Capstone Infrastructure be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham supports the development, construction, and operation of a 50-MW Long -Term Reliability Project within the Municipality of Bayham as described in the delegation from Capstone Infrastructure; AND THAT Council recognizes the sole purpose of this support is to enable Capstone Infrastructure to receive Rated Criteria Points under LT1 RFP or to satisfy its obligations under any awarded LT1 Contract, and may not be used for the purpose of any other form of approval in relation to the Proposal or Long -Term Reliability Project or for any other purpose, including planning approvals; AND THAT the Mayor be authorized to complete and sign a Municipal Support Resolution in this regard on behalf of Council and on the prescribed form. CARRIED 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held November 2, 2023 B. Statutory Planning Meeting held November 2, 2023 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the minutes of the Regular Council Meeting held November 2, 2023 and the minutes of the Statutory Planning Meeting held November 2, 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 2 Council Minutes November 16, 2023 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report PS 17/23 by Ed Roloson, Manager of Capital Projects — Water/Wastewater Operations & Steve Adams, Manager of Public Works/Drainage Superintendent re PW-25 Tandem Truck — Canoe Procurement Group Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report PS-17/23 re PW-25 Tandem Truck — Canoe Procurement Group be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham approve the procurement of one (1) new Freightliner Tandem Truck supplied with Viking-Cives equipment, as outlined in the quotation received from Viking-Cives Ltd., for a quoted amount of $436,585.00 + HST. TATI: 9 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Minor Variance A-08/23 Thiessen Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT item 12.1.1 A be received for information. MWITIT111wil 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-61/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-12/23 Bonnefield Farmland Ontario IV Inc. 55314 Jackson Line Councillor Froese left the table at 7:33 pm Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report DS-61/23 regarding the Bonnefield Farmland Ontario IV Inc. rezoning application ZBA-12/23 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 November 2, 2023 3 Council Minutes November 16, 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 South Gore Part Lot 122, known municipally as a 55314 Jackson Line, from Agricultural (Al -A) to Special Agricultural (A2) on the retained lands, and from Agricultural (Al -A) Zone to a site -specific Rural Residential (RR-47) 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. Z764-2023 be presented to Council for enactment. CARRIED Councillor Froese returned to the table at 7:37 pm B. Report DS-62/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E75-23, Giesbrecht, N & M 11450 Ridge Line Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report DS-62/23 regarding Consent Application E75-23 submitted by Neil and Maria Giesbrecht, be received for information; AND THAT Council recommends deferral of Consent Application E75-23 and recirculation if the applicant amends the current application to meet existing policy framework in the Provincial Policy Statement 2020, Elgin County Official Plan, Municipality of Bayham Official Plan and Zoning By-law as follows: a) Consent Application E75-23 would be amended to sever the subject property into two (2) farm parcels, reestablishing parcel fabrics similar to when the subject property wasn't merged. Therefore, one (1) dwelling would be located on each of the proposed farm parcels. At the time of resubmission, the applicant's proposal would need to ensure the two (2) farm parcel configurations meet the 'Al/Al-A'Zone minimum lot frontage of 150 metres, as well as a minimum lot area of 40.0 hectares for the westerly farm parcel and minimum lot area 20.0 hectares for the easterly farm parcel. If the amended Consent Application is Conditionally Approved by the Elgin County's Land Division Committee, and the applicant satisfies the conditions and stamping of the deeds has occurred, then the subject property will be severed into two (2) farm parcels. b) Once the lands are successfully severed into two (2) farm parcels, a new Consent Application would be submitted by the applicant for a surplus farm dwelling severance. The new Consent Application would propose to sever the existing single -detached dwelling in the north-western corner of the subject property as a surplus farming dwelling, while the other existing single - detached dwelling would remain on the retained agricultural lands. As a Condition of Approval on the new Consent Application, a Zoning By-law Amendment Council Minutes November 16, 2023 would be required to rezone the proposed severed surplus farm dwelling lot to `Rural Residential' (RR) Zone, while the retained agricultural lot would be rezoned to `Special Agricultural' (A2) Zone. The A2 Zone would prohibit any future construction of a new dwelling unit on the retained agricultural lot. If the new Consent Application is Conditionally Approved by the Elgin County's Land Division Committee, and the applicant satisfies the conditions and stamping of the deeds has occurred, the proposed surplus farm dwelling lot and retained agricultural lot will be successfully severed. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. City of Cambridge re Support for Bill 21, Fixing Long -Term Care Amendment Act B. Long Point Region Conservation Authority re October 4, 2023 Meeting Minutes C. County of Elgin re Resolution in Support of Updating the Municipal Freedom of Information and Protection of Privacy Act Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT items 13.1.1 A, B & C be received for information; AND THAT the Council for the Corporation of the Municipality of Bayham supports item C. TAT:: e 13.1.2 Requiring Action 13.2 Reports to Council A. Report CAO-59/23 by Thomas Thayer, CAO re Award of RFP 23-03 Insurance and Risk Management Services Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-59/23 re Award of RFP 23-03 — Insurance and Risk Management Services be received for information; AND THAT the 2024 Municipal Insurance Program be obtained from Marsh Canada Limited. CARRIED 5 Council Minutes 14. BY-LAWS November 16, 2023 A. By-law No. 2023-084 Being a by-law to amend By-law No. 2023-034 being a by-law to appoint committee members B. By-law No. Z764-2023 Being a by-law to amend By-law No. Z456-2003, as amended — Bonnefield Farmland Ontario IV Inc. Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT By-law Nos. 2023-084 and Z764-2023 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Draft Joint Cemetery Board Minutes held November 7, 2023 Moved by: Councillor Froese Seconded by: Councillor Emerson THAT the Draft Joint Cemetery Board Minutes held November 7, 2023 be received for information. CARRIED B. Joint Cemetery Board Recommendations to Council Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the Joint Cemetery Board Recommendations be received for information; AND THAT discussions on resuming the interest guarantee at a rate of 6% of the care and maintenance investments be referred to the 2024 operating budget deliberations; AND THAT staff be directed to amend the Cemetery By-law as proposed by the Joint Cemetery Board. CARRIED 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 8:00 p.m. to discuss' Council Minutes November 16, 2023 A. Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Road User Agreement Negotiations) B. Confidential Item re Labour relations, employee negotiations (Compensation) C_ Confidential Item re Personal matters about an identifiable individual; labour relations, employee negotiations (Staffing) D_ Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose (Lighthouse) 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 9:43 p.m. and report on Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Road User Agreement Negotiations), Confidential Item re Labour relations, employee negotiations (Compensation), Confidential Item re Personal matters about an identifiable individual; labour relations, employee negotiations (Staffing), and Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose (Lighthouse) CARRIED Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Road User Agreement Negotiations) be received for information; AND THAT staff proceed as directed. CARRIED 7 Council Minutes Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler November 16, 2023 THAT Confidential Item re Labour relations, employee negotiations (Compensation) be received for information; AND THAT staff proceed as directed. CARRIED Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Confidential Item re Personal matters about an identifiable individual; labour relations, employee negotiations (Staffing) be received for information; AND THAT staff proceed as directed CARRIED Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose (Lighthouse) be received for information; AND THAT staff proceed as directed. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-085 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by. Councillor Froese THAT Confirming By-law No. 2023-085 be read a first, second and third time and finally passed. WCC e 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 9:46 p.m. CARRIED 9 Council Minutes MAYOR LERK November 16, 2023