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HomeMy WebLinkAboutMarch 21, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, March 21, 2024 7:00 p.m. 7:30 p.m. Statutory Planning Meeting — 3 Applications The March 21, 2024 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 BY-LAW ENFORCEMENT OFFICER 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER DANFROESE SUSAN CHILCOTT TIMOTHY EMERSON THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL STEPHEN MILLER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA CAO Thayer noted no additions but that item 13.1.2 A. has been removed. 4. ANNOUNCEMENTS Councillor Chilcott reminded residents that there is an Easter Bingo at the SCC on Friday, March 22, 2024 beginning at 7 pm. Children are welcome! Mayor Ketchabaw wished everyone a happy Easter. 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Meeting of Council held March 5, 2024 Council Minutes March 21, 2024 B. Regular Meeting of Council held March 7, 2024 C. Court of Revision Meeting held March 7, 2024 D. Public Drainage Meeting held March 7, 2024 Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the minutes of the Special Meeting of Council held March 5, 2024, minutes of the Regular Meeting of Council held March 7, 2024 minutes of the Court of Revision Meeting held March 7, 2024 and the minutes of the Public Drainage Meeting held March 7, 2024 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM A. One member of the public spoke to item 11.2 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-02/24 by Stephen Miller, By-law Enforcement Officer re Port Burwell East Beach — Paid Parking Options Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report BL-02/24 re Port Burwell East Beach — Paid Parking Options be received for information; AND THAT the report be referred to the Waterfront Advisory Committee for comment. CARRIED Council Minutes Moved by: Councillor Emerson Seconded by: Councillor Froese March 21, 2024 THAT staff be directed to investigate and report back on options for implementing an unloading zone for patron drop offs to the east beach and erecting signage to direct residents to the Pitt Street parking lot for beach overflow parking. ... The Council Meeting recessed at 7:30 pm for a Statutory Planning Meeting The Council Meeting resumed at 7:39 pm. 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-06/24 Unger B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-07/24 Underhill C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-08/24 Lankhuijzen D. Notice of Passing re Silverthorn Zoning By-law Amendment ZBA-01/24 E. Notice of Passing re Underhill Zoning By-law Amendment ZBA-02/24 F. Notice of Passing re Wall Zoning By-law Amendment ZBA-03/24 G. Notice of Passing re Graham Zoning By-law Amendment ZBA-04/24 H. Notice of Adoption re Underhill Farms Ltd. Official Plan Amendment No. 36 I. Notice of Decision re Roy Schrijver Farms Ltd. Minor Variance A-03/24 J. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-05/24 CHR Farms Ltd. K. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-11 /24 Peters Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A — K be received for information. CARRIED s Council Minutes 12.1.2 Requiring Action 12.2 Reports to Council March 21, 2024 A. Report DS-14/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official Plan Conformity Review 2024 — Estimated Timelines and Associated Budget/Fees Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-14/24 re Official Plan Conformity Review 2024 — Estimated Timelines and Associated Budget/Fees be received for information; AND THAT Council approve the Arcadis Professional Services (Canada) Inc. Form of Change Order No. 2 to formally initiate the Official Plan Conformity Review 2024 in the quoted amount of $60,000 + HST; AND THAT the funding for this project be allocated from the Planning Reserve and the 2024 Capital Budget. CARRIED B Report DS-15/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E18-24 Bergen 10564 Culloden Road Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-15/24 regarding the Consent Application El8-24 Bergen be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application El8-24 be granted subject to the following conditions and considerations: 1. The Owner obtains approval of a Zoning By-law Amendment for the proposed retained lot from "Agricultural' (Al) to a Site -specific Agricultural (Al) zone to recognize the existing Lot Area deficiency of 7.9 hectares, existing Lot Frontage deficiency of 20.0 metres and permit a Side Yard Depth of 2.8 metres for the existing accessory building/structure 2 The Owner obtains approval of a Zoning By-law Amendment for the removal of the hl Holding Provision for the proposed severed lot. `i The Owner obtain an access permit from the County of Elgin to create a new independent access to the proposed severed lot from Culloden Road built to support the weight of fire apparatus. 4 The Owner install an individual private well on the severed lot providing the municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety. 'v. The Owner provide an engineered grading, drainage and storm water management plan for both parcels to show outlets and to demonstrate that the lot will drain properly with no negative impacts on the neighbouring lands or the Council Minutes March 21, 2024 road, all to the satisfaction of the Municipality. 6. The 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, whether maintenance easements are required over the existing hydro servicing on the severed and retained lots. 7. That the Owner initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Bartley 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. 8. The Owner pay the Cash in Lieu of Parkland Dedication fee to the Municipality as required in Municipal By-law No. 2020-053. 9. The Owner provide a digital copy of the registered plan of survey of the subject land to the Municipality. 10. The Owner purchase a civic number sign for the severed lot from the Municipality. 11. The Owner pay the planning report fee due and payable to the Municipality upon consent approval. CARRIED _ Report DS-16/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E22-24 Hiebert 11478 Plank Road Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-16/24 regarding the Consent Application E22-24 Hiebert be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E22-24 be granted subject to the following conditions and considerations: 1. The existing shed and overhead hydro line connecting from the existing single - detached dwelling to the shed be removed or relocated from the proposed retained lot. _ The Owner obtain an access permit from the County of Elgin to create a new independent access to the proposed retained lot from Plank Road built to support the weight of fire apparatus. _ The owner install an individual private well on the retained lot providing the municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety. 4. That the Owner provides confirmation of sufficient reserve sewage system capacity within municipal sewage services for the new municipal sanitary sewer service connection required for the proposed retained lot. Once confirmed, the Owner shall obtain a permit from the Municipality for the installation of a new municipal sanitary sewer service connection to the proposed retained lot. 5. The Owner provide an engineered grading, drainage and storm water Council Minutes March 21, 2024 management plan for both parcels to show outlets and to demonstrate that the lot will drain properly with no negative impacts on the neighbouring lands or the road, all to the satisfaction of the Municipality. 6 The Owner initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Eden Main 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. 7 The Owner pay the Cash in Lieu of Parkland Dedication fee to the Municipality as required in Municipal By-law No. 2020-053. o The Owner provide a digital copy of the registered plan of survey of the subject land to the Municipality. 9. The Owner purchase a civic number sign for the retained lot from the Municipality. 10. The Owner pay the planning report fee due and payable to the Municipality upon consent approval. CARRIED D. Report DS-17/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Ontario Land Tribunal Final Order OPA No. 30 and Zoning By-law Z765-2023 Barry Wade Homes Inc. 2 Robinson Street and 3 Erieus Street Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-17/24 regarding the Ontario Land Tribunal Final Order re Official Plan Amendment No. 30 and Zoning By-law Z765-2023 Barry Wade Homes Inc. be received for information; AND THAT Council direct staff to add Official Plan Amendment No. 30 to the Official Plan and to add Zoning By-law Z765-2023 to the Comprehensive Zoning By-law Z456- 2003, as amended, to conclude the appeal of Barry Wade Homes Inc. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A Town of Cobourg re Proposed Amendment to Subsection 27(16) of the Ontario Heritage Act F). Town of Cobourg re Affordability of Water and Wastewater Systems in Rural and Small Urban Municipalities C. Town of Aurora re Legislative Amendments to Improve Municipal Codes of Conduct and Enforcement Council Minutes March 21, 2024 D. Town of Aurora re Council/Committee Meeting Structure Under Strong Mayor Powers E. Town of Bracebridge re Request for New Provincial -Municipal Fiscal Framework F. City of Quinte West re Housing Funding G. Township of Amaranth re Operational Budget Funding H. Long Point Region Conservation Authority re 2023 Annual Report and Financial Statements I. Long Point Region Conservation Authority re February 7, 2024 Meeting Minutes J. Elgin St. Thomas Coalition to End Poverty re 2023 Timeline of Success Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT items 13.1.1 A — J be received for information; AND THAT Council for the Municipality of Bayham supports items C, E & G. CARRIED 13.1.2 Requiring Action 13.2 Reports to Council A. Report CL-02/24 by Meagan Elliott, Clerk re Municipal Assistance and Special Event Requests Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CL-02/24 re Municipal Assistance and Special Event Requests be received for information; AND THAT staff be directed to report back with one Municipal Assistance / Event Policy to flow through Council for approvals CARRIED B. Report CAO-08/24 by Thomas Thayer, CAO re Transition to OPP Detachment Board — Community Safety Policing Act, 2019 Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-08/24 re Transition to OPP Detachment Board — Community Safety and Policing Act, 2019 be received for information; r Council Minutes March 21, 2024 AND THAT the Council of The Corporation of the Municipality of Bayham supports the appointment of Dominique Giguere as Bayham/Malahide appointee to the Elgin OPP Detachment Board until the end of the current term of Council, being November 14, 2026; AND THAT the Council of The Corporation of the Municipality of Bayham supports remuneration for OPP Detachment Board members at $1,500 per year for members, and $2,000 per year for the Chair; AND THAT correspondence on this matter be provided to the OPP Detachment Board Lead under the CAO's signature. CARRIED C. Report CAO-09/24 by Thomas Thayer, CAO re Bayham Community Strategic Plan Progress — 2023 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-09/24 re Bayham Community Strategic Plan Progress — 2023 be received for information. CARRIED D. Report CAO-10/24 by Thomas Thayer, CAO re License Agreement — Ron & Bonnie Bradfield 21 Robinson Street Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-10/24 re License Agreement — Ron and Bonnie Bradfield — 21 Robinson Street, Port Burwell be received for information; AND THAT Council authorize the execution of a License Agreement between the Municipality and Ron and Bonnie Bradfield to permit access and use of 21 Robinson Street, Port Burwell, in support of stabilization and restoration efforts regarding the Port Burwell Lighthouse; AND THAT By-law No. 2023-023 be repealed in its entirety; AND THAT the appropriate by-law be brought forward for Council's consideration. CARRIED 14. BY-LAWS A. By-law No. 2024-013 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Ron & Bonnie Bradfield to permit access over 8 Council Minutes March 21, 2024 and use of lands at 21 Robinson Street, Port Burwell for works at the Port Burwell Lighthouse Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT By-law No. 2024-013 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 8:56 p.m. to discuss: A. Confidential Item re Personal matters about an identifiable individual (Administration) B. Confidential Item re Personal matters about an identifiable individual; labour relations, employee negotiations (Staffing) CARRIED 16.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the Council do now rise from the "In Camera" Session at 10:11 p.m. and report on Confidential Item re Personal matters about an identifiable individual (Administration) and Confidential Item re Personal matters about an identifiable individual; labour relations, employee negotiations (Staffing) CN_1G7:712101 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confidential Item re Personal matters about an identifiable individual (Administration) be received for information; AND THAT staff proceed as directed. IN_1VSol IaIW, 9 Council Minutes March 21, 2024 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 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. XTAV10Iaoil 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-014 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Confirming By-law No. 2024-014 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 10:13 p.m. CARRIED MAYOR ZERK 10