HomeMy WebLinkAboutApril 04, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — HYBRID
Thursday, April 4, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting — 2 Applications
8:00 p.m. Court of Revision — Eden Drain Branch C
The April 4, 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
MANAGER OF PUBLIC WORKS / DRAINAGE
SUPERINTENDENT
TREASURER
1 _ CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:04 p.m.
ED KETCHABAW
RAINEY WEISLER
DAN FROESE
SUSAN CHILCOTT
TIMOTHY EMERSON
THOMAS THAYER
MEAGAN ELLIOTT
MARGARET UNDERHILL
STEPHEN MILLER
STEVE ADAMS
LORNE JAMES
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Chilcott declared a pecuniary interest to item 12.2 E when the item arose.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
13.2 C Report TR-11/24 by Lorne James, Treasurer re 2024 Q1 Variance Report
4. ANNOUNCEMENTS
Mayor Ketchabaw noted that the Municipality may be busier than usual on Monday, April 8,
2024 for the Solar Eclipse since Bayham is within the path of totality. He advised that eclipse
glasses can be picked up at the Municipal Office and Libraries while supplies last.
5_ PRESENTATIONS
. DELEGATIONS
Council Minutes April 4, 2024
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held March 21, 2024
B. Statutory Planning Meeting held March 21, 2024
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the minutes of the Regular Meeting of Council held March 21, 2024 and the
minutes of the Statutory Planning Meeting held March 21, 2024 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 BL-03/24 by Stephen Miller, By-law Enforcement Officer re Refreshment Vehicle
Licensing By-law
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report BL-03/24 re Refreshment Vehicle Licensing be received for information;
AND THAT Council directs staff to report back with a draft Refreshment Vehicle
Licensing By-law that:
Licenses a variety of stationary refreshment vehicle types, on private property
only
• Requires a criminal records/vulnerable sector screening
Requires $2m in commercial general liability coverage
Exempts refreshment vehicles associated with an approved special event
N
Council Minutes
April 4, 2024
AND THAT staff consider fees from adjacent municipalities when reviewing refreshment
vehicle fees for the revised by-law.
CARRIED
The Council Meeting recessed at 7:32 pm for a Statutory Planning Meeting
The Council Meeting resumed at 7:38 pm.
B. PS-04/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award — RFT 03-24 2024-2026 Lawn Maintenance Services
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report PS-04/24 re Tender Award — RFT 03-24 — 2024-2026 Lawn Maintenance
Services be received for information;
AND THAT 2024-2026 Lawn Maintenance Services be awarded to Wilson's Lawn Care
in accordance with their tender submission in the amount of $64,740 + HST;
AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
bring forward a by-law to enter into an agreement with Wilson's Lawn Care for the
provision of 2024-2026 Lawn Maintenance Services for Council consideration.
CARRIED
C. PS-05/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Tender Award — RFT 02-24 Pavement Markings
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Report PS-05/24 re Tender Award — RFT 02-24 — Pavement Markings be
received for information;
AND THAT 2024-2026 Pavement Markings be awarded to R an N Maintenance in
accordance with their tender submission in the amount of $12.00/litre + HST;
AND THAT the Council of the Corporation of The Municipality of Bayham direct staff to
bring forward a by-law to enter into an agreement with R an N Maintenance for the
provision of 2024-2026 Pavement Marking Services for Council consideration.
CARRIED
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-05/24 CHR
Farms Ltd.
Council Minutes
April 4, 2024
B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-11/24 Peters
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT items 12.1 A & B be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-06/24 by Steve Adams, Manager of Public Works/Drainage Superintendent
re 2024 1st Quarter Drainage Report
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Report DR-06/24 re 2024 1 st Quarter Drainage Report be received for information.
CARRIED
B. Report DS-18/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-06/24 Unger 53579 Calton Line
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-18/24 regarding the Unger rezoning application ZBA-06/24 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
March 21, 2024 associated with this application, there were no attendees, no oral
presentations and no written submissions 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 Lot 1 Concession 3, known municipally as
a 53579 Calton Line, from Hamlet Residential (HR) to Site -Specific Hamlet Residential
(HR-14) on the retained parcel as a condition of Consent E50-23 to permit the creation
of a new lot;
AND THAT Zoning By-law No. Z774-2024 be presented to Council for enactment.
CARRIED
Council Minutes
April 4, 2024
C, Report DS-19/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-07/24 Gregory Underhill Farms Ltd. 54761 Vienna Line
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report DS-19/24 regarding the Gregory Underhill Farms Ltd. rezoning application
ZBA-07/24 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
March 21, 2024 associated with this application, there were no attendees, no oral
presentations and no written submissions 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 Lot 19 Concession 2, known municipally as
a 54761 Vienna Line, from Agricultural (Al) to Rural Residential (RR) on the severed lot
and from Agricultural (Al) to Special Agriculture (A2) on the retained parcel as a
condition of Consent E6-24 to permit the severance of a surplus farm dwelling;
AND THAT Zoning By-law No. Z775-2024 be presented to Council for enactment.
CARRIED
The Council Meeting recessed at 8:00 pm for a Drainage
Court of Revision Meeting
The Council Meeting resumed at 8;10 pm and took a break until 8:20 pm
U. Report DS-20/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-08/24 Lankhuijzen Farms Ltd. 55106 Vienna Line
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-20/24 regarding the Lankhuijzen Farms Ltd. rezoning application ZBA-
08/24 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
March 21, 2024 associated with this application, there were no attendees, no oral
presentations and no written submissions 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 Lot 11 Concession 3, known municipally as
a 55106 Vienna Line, from Agricultural (Al) to Site -specific Rural Residential (RR-50) on
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April 4, 2024
the severed lot and from Agricultural (Al) to Special Agriculture (A2-20) on the retained
parcel as a condition of Consent E4-24 to permit the severance of a surplus farm
dwelling;
AND THAT Zoning By-law No. Z776-2024 be presented to Council for enactment.
E Report DS-21/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Plan of
Subdivision 34T-BY2101 Sandytown Subdivision Rezoning Application ZBA-10/24
1985763 Ontario Inc.
Councillor Chilcott stepped away from the Council table at 8:25 pm
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT Report DS-21/24 regarding the 1985763 Ontario Inc. rezoning application 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 18, 2021 associated with this application, there were no written submissions
and no oral presentation 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 the lands owned by 1985763 Ontario Inc. identified as
Concession NTR Part of Lot 123, known as 8341 Sandytown Road and subject to Plan
of Subdivision 34T-BY2101 from Holding Village Residential 1 (R1(h2)) to Village
Residential 1 (R1) Zone;
AND THAT Zoning By-law No. Z777-2024 be presented to Council for enactment.
EGG _o
Councillor Chilcott returned to the Council table at 8:29 pm
F Report DS-22/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Ontario
Land Tribunal Final Order Case No. OLT-23-000770, Schep 14077 Bayham Drive
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report DS-22/24 regarding the Ontario Land Tribunal Final Order re Official Plan
Amendment No. 32 and Draft Zoning By-law No. Z779-2024 Schep be received for
information;
AND THAT Council direct staff to add Official Plan Amendment No. 32, as modified, to
the Official Plan;
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April 4, 2024
AND THAT, in order to implement the Ontario Land Tribunal Decision on Official Plan
Amendment No. 32, the zoning on a portion of the subject property located at 14077
Bayham Drive be changed from Site -Specific Agricultural (A1-29) Zone to Site -Specific
Agricultural (A1-44) Zone to permit the existing Service Shop as an additional permitted
use within an accessory building for a Maximum Floor Area of 520 square meters;
AND THAT Zoning By-law No. Z779-2024 be presented to Council for enactment.
CARRIED
C�. Report DS-23/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Applications E26-24, E27-24 and E28-24, Clarke & Sullivan 53867 and 53869 Heritage
Line
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report DS-23/24 regarding Consent Applications E26-24 and E28-24 Clarke and
Sullivan, and E27-24 Weber be received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E26-24, E27-24, and E28-24 be granted subject to the following
conditions and considerations outlined for each:
Consent E26-24
1. That the Owner obtains confirmation from Hydro One regarding the provision of
hydro services, specifically whether maintenance easements are required over the
existing hydro servicing traversing both Parcels B and D;
2. That the Owner provides an engineered grading, drainage, and storm water
management plan for Parcel D and 53885 Heritage Line to demonstrate that the
consolidated lands will drain properly with no negative impacts on the neighbouring
lands or the street, all to the satisfaction of the Municipality of Bayham, and;
3. That the Applicant initiate and assume, if required, all engineering costs associated
with the preparation of a revised assessment schedule 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.
4 That the Owner provides a digital copy of a survey of the subject lands.
5 That the Owner provides a Planning Report Fee payable to the Municipality of
Bayham.
Consent E27-24
1. That the Owner obtains approval of a Zoning By-law Amendment for the proposed
Parcel E (Retained Lot) from 'Hamlet Residential (HR)' Zone to a 'Site -Specific
Hamlet Residential (HR-XX)' Zone to permit a reduced Lot Frontage of 19.9 metres
and a reduced Lot Area of 755.0 m2;
2 That the Owner provides confirmation with respect to the location of the existing
municipal water service connection and private septic bed on Parcel E;
3. That the Owner provides written confirmation from a licensed septic installer
Council Minutes
April 4, 2024
demonstrating that the system on Parcel E is in satisfactory operating condition;
4. That the Owner provides written confirmation from a licensed septic installer
demonstrating the reduced Lot Area for Parcel E provides sufficient space for a new
system in the event the existing system requires future replacement;
. That the Owner provides an engineered grading, drainage and storm water
management plan for Parcel E to demonstrate that the lands will drain properly with
no negative impacts on the neighbouring lands or the street, all to the satisfaction of
the Municipality of Bayham.
6. That the Applicant initiate and assume, if required, all engineering costs associated
with the preparation of a revised assessment schedule 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_ That the Owner provides a digital copy of a survey of the subject lands.
8. That the Owner provides a Planning Report Fee payable to the Municipality of
Bayham.
Consent E28-24
1. That the Conditions of Approval are satisfied for Consent Application E27-24.
2. That the Owner obtains approval of a Minor Variance for the proposed Retained Lot
(Parcel B) to permit a reduced Lot Area of 904.0 m2.
3. That the Owner removes and/or relocates the two (2) existing sheds; one (1) being
located on Parcel A, and one (1) being located along the proposed property line
between Parcels A and B;
4. That the Owner obtains confirmation from Hydro One regarding the provision of
hydro services, specifically whether maintenance easements are required over the
existing hydro servicing traversing both Parcels B and D;
6, That the Owner obtains approval from the Municipality of Bayham for road entrance
permit (Church Street) for a new access to the proposed Severed Lot (Parcels A/C);
6. That the Owner obtains a permit from the Municipality of Bayham for the installation
of a new municipal water service connection to the proposed Severed Lot (Parcels A/
C);
7. That the Owner obtains a municipal lot assessment and provides soil testing results
for the proposed Severed Lot (Parcels A/C) in accordance with Provincial Standards
for a future septic system;
8. That the Owner provides written confirmation from a licensed septic installer
demonstrating that the system on Parcel B is in satisfactory operating condition;
9_ That the Owner provides written confirmation from a licensed septic installer
demonstrating the reduced Lot Area for Parcel B provides sufficient space for a new
system in the event the existing system requires future replacement;
10. That the Owner provides an engineered grading, drainage and storm water
management plan for Parcels A/C and B to demonstrate that the Severed Lot
(Parcels A/C) and the Retained Lot (Parcel B) will drain properly with no negative
impacts on the neighbouring lands or the street, all to the satisfaction of the
Municipality of Bayham;
11. That the Applicant initiate and assume, if required, all engineering costs associated
with the preparation of a revised assessment schedule for the Richmond Outlet 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
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April 4, 2024
will be billed for any additional costs incurred;
12. That the Owner pay fees as required in Municipal By-law No. 2020 — 053 Cash -in -
lieu of Parkland;
13. That the Owner provides a digital copy of a survey of the subject lands;
14. That the Owner applies and pay's all fees to the Municipality with respect to Civic
Addressing/signage for the Severed Lot (Parcels A/C), and;
15. That the Owner provides a Planning Report Fee payable to the Municipality of
Bayham.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Fort Erie re Request Provincial Government to Support Increasing Funding for
Public Libraries and Community Museums
B. Loyalist Township re Amend Blue Box Regulation for Ineligible Sources
C. Loyalist Township re Solutions to Resolve Significant Financial Budgetary Pressures
Relating to Infrastructure Development, Maintenance and Repairs
D. Whitewater Region re Highway Infrastructure Request
E. Township of Adelaide Metcalfe re Request to Increase Tile Drain Loan Limit
F. Township of Asphodel -Norwood re Public Health Ontario Labs
G. Town of Whitby re Ontario Energy Board's Decision to end the Gas Pipeline Subsidy
H. Elgin Group Police Services Board re November 15, 2023 Meeting Minutes
I. Elgin Group Police Services Board re February 26, 2024 Meeting Minutes
J. Southwestern Public Health re Actions to Reduce Alcohol -Related Harms Report
K. Municipality of Bayham re 2024 Budget Infographic
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT items 13.1.1 A — K be received for information;
AND THAT Council for the Municipality of Bayham supports item B.
CARRIED
13.1.2 Requiring Action
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Council Minutes April 4, 2024
13.2 Reports to Council
A. Report CL-03/24 by Meagan Elliott, Clerk re Municipal Assistance for Community Events
Policy
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report CL-03/24 re Municipal Assistance for Community Events Policy be
received for information;
AND THAT the Municipal Assistance for Community Events Policy be approved as
presented;
AND THAT the appropriate by-law for adoption be presented to Council for enactment.
CARRIED
B. Report CAO-11/24 by Thomas Thayer, CAO re Disposition of Part 2 - Plan 11 R-11164 -
Section of Faye Street
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report CAO-11/24 re Disposition of Part 2 - Plan 11 R-11164 - Section of Faye
Street, Port Burwell be received for information;
AND THAT the Council of the Corporation of The Municipality of Bayham deems Part 2
on Plan 11 R-11164 surplus to the needs of the Municipality for purpose of direct sale to
landowner;
AND THAT the appropriate notice and comments periods be commenced in accordance
with the Municipality's Sale of Surplus Municipal Lands policy to stop -up, close, and
convey Part 2 on Plan 11 R-11164.
W-ANTOWD
C. Report TR-11/24 by Lorne James, Treasurer re 2024 Q1 Variance Report
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Staff Report TR-10/24 re 2024 Q1 Variance Report be received for information;
AND THAT Council direct staff to re -invest the combined $1,510,000 into 11-month GICs;
AND THAT Council direct staff to invest $1,000,000 in cash -on -hand into 11-month
GICs.
CARRIED
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Council Minutes
14. BY-LAWS
April 4, 2024
A. By-law No. Z774-2024
Being a by-law to amend By-law No.
Z456-2003, as amended —
Unger
B. By-law No. Z775-2024
Being a by-law to amend By-law No.
Z456-2003, as amended —
Gregory Underhill Farms
Ltd.
C. By-law No. Z776-2024
Being a by-law to amend By-law No.
Z456-2003, as amended —
Lankhuijzen Farms Ltd.
D. By-law No. Z777-2024
Being a by-law to amend By-law No.
Z456-2003, as amended —
Sandytown Subdivision
E. By-law No. Z779-2024
Being a by-law to amend By-law No.
Z456-2003, as amended —
Schep
Moved by' Councillor Emerson
Seconded by: Councillor Froese
THAT By-law Nos. Z774-2024, Z775-2024, Z776-2024 and Z779-2024 be read a first,
second and third time and finally passed.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT By-law No. Z777-2024 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 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 (Erieus Street)
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Council Minutes April 4, 2024
B. Confidential Item re personnel matters about an identifiable individual (CAO
Performance Review)
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 11:07 p.m. and report on
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 (Erieus Street) and Confidential Item re personnel matters
about an identifiable individual (CAO Performance Review).
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT in accordance with Section 11.30 of Procedural By-law No. 2023-021, the Council
Meeting be extended past 11 pm.
CARRIED
Moved by: Deputy Mayor Weisler
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 (Erieus Street) be received for information;
AND THAT staff proceed as directed.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Confidential Item re personnel matters about an identifiable individual (CAO
Performance Review) received for information;
AND THAT the Mayor proceed as directed.
CARRIED
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Council Minutes April 4, 2024
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-015 Being a by-law to confirm all actions of Council
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Confirming By-law No. 2024-015 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT the Council meeting be adjourned at 11:09 p.m.
CARRIED
MAYOR CLERK'
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