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HomeMy WebLinkAboutDecember 21, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, December 21, 2023 7:00 p.m. The December 21, 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 FIRE CHIEF MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER BY-LAW ENFORCEMENT OFFICER 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL HARRY BARANIK ED ROLOSON STEPHEN MILLER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Chilcott declared a pecuniary interest to item 12.2 A. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Councillor Chilcott wished everyone a very Merry Christmas and to have a safe, healthy New Year. CAO Thayer reminded residents that the Municipal Office closes tomorrow at noon and reopens on January, 2, 2024 at 8:30 am. Thayer also announced that there is a Special Budget Meeting on Tuesday, January 9, 2024 beginning at 6:30 pm that the agenda is already posted online for. 5. PRESENTATIONS 6. DELEGATIONS Council Minutes December 21, 2023 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held December 7, 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Regular Council Meeting held December 7, 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-06/23 by Harry Baranik, Fire Chief/CEMC re Donation of Funds — Straffordville Fire Station Association — Purchase of Utility Terrain Vehicle (UTV) Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report FR-06/23 re Donation of Funds — Straffordville Fire Station Association — Purchase of Utility Terrain Vehicle (UTV) be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham accepts the receipt of donation funds from the Straffordville Fire Station Association and authorizes the purchase of one (1) UTV for the Straffordville Fire Station in the amount of $21,999 + HST and PDI, as provided for in the quote from McKee Sport Garden, to be paid for in full from said donation funds. CARRIED B. Report PS-19/23 by Ed Roloson, Manager of Capital Projects/Water/Wastewater Operations re Richmond Community Water Supply System — Nitrate Funding 2 Council Minutes Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott December 21, 2023 THAT Report PS-19/23 re: MECP nitrate funding for the Richmond Community Water System be received for information; AND THAT the Council authorize the execution of the Memorandum of Agreement between The Corporation of the Municipality of Bayham and the Grand River Conservation Authority; AND THAT the appropriate authorizing 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 Decision re Minor Variance A-10/23 Hiebert B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-13/23, 11593 Plank Road Moved by: Councillor Froese Seconded by: Councillor Emerson 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-68/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Subdivision Agreement 1985763 Ontario Inc. Sandytown Subdivision Councillor Chilcott left the table at 7:24 pm Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report DS-68/23 regarding the Subdivision Agreement 1985763 Ontario Inc. Draft Plan of Subdivision 34T-BY2101 be received; AND THAT Council authorize the execution of a Subdivision Agreement between the Municipality and 1985763 Ontario Inc. to permit the completion of the Sandytown Subdivision in two Phases at 8341 Sandytown Road in the village of Straffordville; AND THAT By-law No. 2023-092 be presented for enactment. CARRIED Council Minutes December 21, 2023 Councillor Chilcott returned to the table at 7:29 pm 8, Report DS-69/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E7-24 McLeod, 56557 Heritage Line Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-69/23 regarding the Consent Application E7-24 McLeod be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E7-24 be granted subject to the following conditions and considerations: I_ Owner obtain a building permit for the existing "unauthorized" dwelling on the proposed severed lot 2. Owner obtain a permit to remove/decommission the existing "unauthorized" sewer lateral that extends to the existing "unauthorized" dwelling and that a permit be obtained to construct and connect a new independent sewer lateral connection to the municipal sanitary sewer in the Heritage Line public right-of- way for the proposed severed lot _ Owner obtain an access permit from the County of Elgin to create a new independent access from Heritage Line to the proposed severed lot, or, if an independent access is not supported by the County of Elgin, the applicant/owner establishes an access easement over the existing portion of driveway on the retained lot in favour of the severed lot in order to provided future access to the owner of the proposed severed lot. 4_ Engineered storm water management, drainage/grading 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 5. Payment of Cash in Lieu of Parkland Dedication fee as required in Municipal By- law No. 2020-053 6. Provide a digital copy of the registered plan of survey of the subject land 7. Planning Report fee due and payable to the Municipality upon consent approval 8. Purchase of a civic number sign for the severed lot from the Municipality CARRIED C. Report DS-70/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E8-24 CHR Farms Ltd. 56573 Calton Line Moved by: Councillor Emerson Seconded by. Councillor Chilcott THAT Report DS-70/23 regarding the Consent Application E8-24 CHR Farms Ltd. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E8-24 be granted subject to the following conditions and considerations: 4 Council Minutes December 21, 2023 I. Rezoning of the severed parcel from Agricultural (A1-A-34) zone to a Site - specific Rural Residential (RR-XX) Zone to include a Rear Yard Depth of 3.8 metres from the existing garage to remain . Rezoning of the retained lands from Agricultural (A1-A-34) zone to a Special Agricultural (A2-XX) zone to prohibit new dwellings, recognize and permit a maximum of three (3) supplementary farm dwellings in portions of the two (2) existing buildings to accommodate seasonal farm labourers, as well as, permit a minimum Side Yard Depth of 7.2 metres and prohibit any new supplementary farm dwellings _ Owner obtain confirmation from Hydro One regarding the provision of hydro services, specifically whether new independent hydro servicing is required for each lot, or, alternatively, if Hydro One determines that maintenance easements are required over the existing hydro servicing on the severed and retained lots, the Owner provide confirmation of such easements to the Municipality 4. Owner provides written confirmation from a licensed well installer that a well is installed on the severed parcel to service the existing dwelling and provide the water quantity and water quality testing for nitrates and bacteria for both the severed and retained wells meeting provincial standards for potable water 5. The Development Agreement between the owners and the Municipality associated with Zoning By-law Z704-2020 for the supplementary farm dwellings be revised where necessary to ensure it is up to date with the applicable fee paid to the Municipality 6. Planning Report fee due and payable to the Municipality upon consent approval 7. Digital copy of the registered plan of survey 8. Purchase of civic number sign for the retained parcel CARRIED D. Report DS-71/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Housekeeping Zoning Amendment — Zoning By-law No. Z766-2023, Thompson Moved by: Councillor Chilcott Seconded by' Deputy Mayor Weisler THAT Staff Report DS-71/23 regarding the Housekeeping Zoning By-law Amendment initiated by the Municipality of Bayham be received for information; AND THAT Zoning By-law No. Z766-2023 be presented to Council for enactment. 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Township of Puslinch re Amendments to the Income Tax Act B. County of Elgin re December 6, 2023 County Council Highlights Council Minutes December21, 2023 C. Long Point Region Conservation Authority re November 1, 2023 Meeting Minutes D. Long Point Region Conservation Authority re November 8, 2023 Budget Meeting Minutes Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A — D be received for information. CARRIED 13.1.2 Requiring Action A. Straffordville Hall Foundation re SCC Renovation and ICIP Grant Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the correspondence from the Straffordville Hall Foundation re SCC Renovation and ICIP Grant be received for information; AND THAT this correspondence be referred to the 2024 operating budget deliberations through an addendum. CARRIED The Council Meeting recessed for a break at 8:04 pm The Council Meeting resumed at 8:12 pm 13.2 Reports to Council A. Report CL-16/23 by Meagan Elliott, Clerk re Facility Rental Policy Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CL-16/23 re Facility Rental Policy be received for information; AND THAT the appropriate by-law be brought forward to adopt the policy as presented. CARRIED B. Report CL-17/23 by Meagan Elliott, Clerk re Social Media Policy and Presence Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CL-17/23 re Social Media Policy and Presence be received for information; 6 Council Minutes December 21, 2023 AND THAT staff report back to Council in Q1 2024 with costs, timeline and processes associated with having a Facebook page for further consideration of potential implementation. CARRIED C, Report CAO-67/23 by Thomas Thayer, CAO re Amendment to Site Plan Agreement and Development Agreement — 552855 Ontario Ltd. Big Otter Marina and Campground — 5 Bridge Street, SPA-06/23 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-67/23 re Amendment to Site Plan Agreement and Development Agreement — 552855 Ontario Ltd. o/a Big Otter Marina and Campground — 5 Bridge Street, Port Burwell (Application No. SPA-06/23) be received for information; AND THAT the appropriate by-law to amend the existing Development Agreement be brought forward for Council's consideration. CARRIED D. Report CAO-68/23 by Thomas Thayer, CAO re Agreement with Arcadis for Third -Party Planning Services Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report CAO-68/23 re Agreement with Arcadis for Third -Party Planning Services be received for information; AND THAT the appropriate by-law to authorize an Agreement between the Municipality of Bayham and Arcadis be brought forward for Council's consideration. CARRIED 14. BY-LAWS A. By-law No. 2023-090 Being a by-law to provide for an interim tax levy B By-law No. 2023-091 Being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2024 C By-law No. 2023-092 Being a by-law to authorize the signing of a subdivision agreement between 1985763 Ontario Inc. and the Corporation of the Municipality of Bayham to provide for the development of a plan of subdivision known as the Sandytown Road subdivision, village of Straffordville, Municipality of Bayham Council Minutes December 21, 2023 D. By-law No. 2023-093 Being a by-law to authorize the execution of a development agreement between 552855 Ontario Ltd. and the Corporation of the Municipality of Bayham E. By-law No. 2023-094 Being a by-law to amend By-law No. 2023-087 being a by-law for the management, regulation & control of cemeteries F. By-law No. 2023-095 Being a by-law to establish and require the payment for rates and fees G. By-law No. 2023-096 Being a by-law to adopt a facility rental policy H. By-law No. 2023-097 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Arcadis Professional Services (Canada) Inc. By-law No. 2023-098 Being a by-law to provide for the abandonment of Branches C and D of the Benner Drain J. By-law No. Z766-2023 Being a by-law to amend By-law No. Z456-2003, as amended — Housekeeping Thompson Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law No. 2023-092 be voted on separately. CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT By-law Nos. 2023-090, 2023-091, 2023-093, 2023-094 2023-095, 2023-096, 2023-097, 2023-098 and Z766-2023 be read a first, second and third time and finally passed. CARRIED Moved by: Councillor Froese Seconded by: Councillor Emerson THAT by-law No. 2023-092 be read first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 11 Council Minutes December 21, 2023 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-099 Being a by-law to confirm all actions of Council Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2023-099 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 8:53 p.m. CARRIED MAYOR' CLERK W