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HomeMy WebLinkAboutApril 18, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, April 18, 2024 7:00 p.m. The April 18, 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 MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:08 pm. ED KETCHABAW RAINEY WEISLER DANFROESE SUSAN CHILCOTT TIMOTHY EMERSON THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL ED ROLOSON 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Froese declared a pecuniary interest to item 12.1.1 H. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Councillor Chilcott reminded residents that the Outdoor Show will be at Straffordville Community Centre from 8 am — 2 pm on Saturday, April 20, 2024. Councillor Chilcott announced that EdisonFest will be on Saturday, June 1, 2024 at Memorial Park and that the Marine Museum will host a Grand Opening on Saturday, June 8, 2024. 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held April 4, 2024 B. Statutory Planning Meeting held April 4, 2024 Council Minutes April 18, 2024 C. Court of Revision Meeting held April 4, 2024 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the minutes of the Regular Meeting of Council, Statutory Planning Meeting and Court of Revision Meeting held April 4, 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 PS-06/24 by Ed Roloson, Manager of Capital Projects / Water/Wastewater re Drinking Water Quality Management Standards — Operational Plans — Bayham and Richmond Water Systems Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Staff Report PS-06/24 re Drinking Water Quality Management Standards be received for information, - AND THAT the Council of The Corporation of the Municipality of Bayham endorse the combined Bayham Water Distribution System and the Richmond Community Water Supply System Operational Plan; AND THAT the Operational Plan be reviewed annually by staff and revisions made as necessary to maintain and improve the quality management system. CARRIED 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information 2 Council Minutes April 18, 2024 A. Notice of Passing re Zoning By-law Amendment ZBA-06/24 Unger B. Notice of Passing re Zoning By-law Amendment ZBA-07/24 Underhill C. Notice of Passing re Zoning By-law Amendment ZBA-08/24 Lankhuijzen D. Notice of Passing re Zoning By-law Amendment ZBA-03/24 Schep E. Notice of Public Meeting re Proposed Minor Variance A-02/24 Froese F. Notice of Public Meeting re Proposed Minor Variance A-04/24 Sawatzky & Friesen G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-12/24 Asher H. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-13/24 Dan Froese Farms Inc. Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A — H be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-24/24 by Scott Sutherland, CBO re 1st Quarter Building Services Report Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DS-24/24 re 1 st Quarter Report be received for information. CARRIED B. Report DS-27/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Development Agreement re Minor Variance A-03/24 Roy Shcrijver Farms Ltd. 53777 Talbot Line Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report DS-27/24 regarding the Roy Schrijver Farms Ltd. Development Agreement be received; AND THAT Council authorize the execution of a Development Agreement between the Municipality and Roy Schrijver Farms Ltd. to permit the existing two -storey single - detached dwelling to be deemed as a supplementary farm dwelling to be used for the accommodation of a maximum of ten (10) seasonal farm labourers at 53777 Talbot Line; Council Minutes April 18, 2024 AND THAT By-law No. 2024-019 be presented for enactment. CARRIED C. Report DS-28/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Temporary Use and Demolition Agreement Baldwin, 56444 Talbot Line Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-28/24 regarding the Baldwin Temporary Use and Demolition Agreement be received; AND THAT By-law No. 2024-020, being a by-law to authorize an agreement between Dale and Wendy Baldwin and The Corporation of the Municipality of Bayham, be presented for enactment. CARRIED f) Report DS-29/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/24 Peters, 9704 Plank Road Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-29/24 regarding the Peters rezoning application ZBA-11/24 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 April 4, 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 126 Concession 7, known municipally as 9704 Plank Road, from Village Residential 1 (R1) to Site -Specific Village Residential (R1-22) to permit a proposed accessory structure (detached garage) on the subject property with a Maximum Height of 5.2 metres (17.1 feet) and a Maximum Floor Area of 149.0 m2 (1,603.8 ft2); AND THAT Zoning By-law No. Z778-2024 be presented to Council for enactment. CARRIED E. Report DS-30/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-05/24 CHR Farms Ltd., 56573 Calton Line Moved by: Deputy Mayor Weisler Council Minutes Seconded by: Councillor Chilcott April 18, 2024 THAT Report DS-30/24 regarding the rezoning application ZBA-05/24 CHR Farms Ltd. 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 April 4, 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 Lots 18 and 19 Concession 4, known municipally as a 56573 Calton Line, from Agricultural (A1-A-34) to Rural Residential (RR) on the severed lot and from Agricultural (A1-A-34) to Site -specific Special Agriculture (A2-19) on the retained parcel as a condition of Consent E8-24 to permit the severance of a surplus farm dwelling; AND THAT Zoning By-law No. Z773-2024 be presented to Council for enactment. CARRIED F. Report DS-31/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E35-24 Jurenas, 10122 Sandytown Road Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-31/24 regarding the Consent Application E35-24 Jurenas be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E35-24 be granted subject to the following conditions and considerations' 1. The Owner obtains approval of a Zoning By-law Amendment for the proposed severed lot from a "Special Agricultural (A2)' Zone to a "Site -specific Special Agricultural (A2-XX) Zone to permit a Minimum Lot Area of 18.41 hectares. 2_ That the Owner initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for a municipal drain (Wilson 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. 3. The Owner pay the planning report fee due and payable to the Municipality upon consent approval. 4_ The Owner pay the Cash in Lieu of Parkland Dedication fee to the Municipality as required in Municipal By-law No. 2020-053. _ The Owner provide a digital copy of the registered plan of survey of the subject 5 Council Minutes April 18, 2024 land to the Municipality. 6 The Owner purchase a civic number sign for the retained lot. 7 The Owner obtain a Road Access Permit for an approved access to the retained lot. CARRIED G Report DS-32/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E75-23 Giesbrecht, 11450 Ridge Line Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-32/24 regarding Consent Applications E75-23 and E30-24 submitted by Neil and Maria Giesbrecht, be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E30-24 and E75-23 be granted subject to the following for each: E30-24 for the creation of a new agricultural lot, subject to the following conditions I The Owner pay fees as required in Municipal By-law No. 2020-053 Cash -in -lieu of Parkland. 2 The Owner provides a digital copy of a survey of the subject lands. 3 The Owner provides a Planning Report Fee payable to the Municipality of Bayham upon consent approval. E75-23 for a proposed surplus farm dwelling severance, subject to the following conditions: 1 That the Conditions of Approval are satisfied for Consent Application E30-24. 2 The Owner obtains approval of a Zoning By-law Amendment for the proposed severed lot from the 'Agricultural (Al -A)' Zone to the "Rural Residential' (RR) Zone- 3 The Owner obtains approval of a Zoning By-law amendment for the proposed retained lot from the 'Agricultural (Al -A)' Zone to the 'Special Agricultural (A2)' Zone to prohibit new dwellings 4 The Owner purchases a civic number sign for the retained lot. 5 The Owner provides a digital copy of a survey of the subject lands. 6 The Owner provides a Planning Report Fee payable to the Municipality of Bayham. CARRIED H Report DS-33/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Development Amending Agreement Froese, 57268 Calton Line Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott Council Minutes April 18, 2024 THAT Report DS-33/24 regarding the Development Amending Agreement - Froese be received; AND THAT Council authorize the execution of a Development Amending Agreement between the Municipality and Isaac and Maria Froese to continue to permit one (1) supplementary farm dwelling in the form of a mobile home to house up to eight (8) seasonal farm labourers at 57200 Calton Line to satisfy a condition of Consent Application E31-23 granted by the Elgin County Land Division Committee on June 28, 2023; AND THAT By-law No. 2024-021 be presented for enactment. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. City of Guelph re Support the Decision of the Ontario Energy Board (OEB) to end the Subsidization of Fossil Gas B. County of Prince Edward re Municipal Accessibility Fund C. Town of Goderich re Recommended Phase -Out of Free Well Water Testing in the 2023 Auditor Generals Report D. City of St. Catharines re Urgent Need for Increased Funding for Museums and Libraries E. City of Brantford re Home Heating Sustainability F. Ministry of Finance re Municipal Taxation Announcements G. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Housing Market Update for March 2024 H. Long Point Region Conservation Authority re March 1, 2024 Meeting Minutes I. Elgin County re April 9, 2024 County Council Highlights Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A — I be received for information CARRIED 13.1.2 Requiring Action 13.2 Reports to Council h Council Minutes April 18, 2024 A. Report CAO-13/24 by Thomas Thayer, CAO re Extension of Site Plan Agreement — Graham Estates Inc. o/a Legend Rubber Inc. 56957 Talbot Line, SPA-03/22 Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CAO-13/24 re Extension of Site Plan Agreement — Graham Estates Inc. o/a Legend Rubber Inc. — 56957 Talbot Line, Bayham (Application No. SPA-03/22) be received for information. CARRIED B. Report CAO-14/24 by Thomas Thayer, CAO re Site Plan Agreement — Blatz, 12 Elizabeth Street, SPA-01/24 Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report CAO-14/24 re Amendment to Site Plan Agreement — Blatz — 12 Elizabeth Street (Grace Court), Port Burwell (Application No. SPA-01/24) be received for information; AND THAT By-law No. Z761-2023 be presented to Council for third and final reading. CARRIED 14. BY-LAWS A. By-law No. 2024-004 Being a by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Peters Drain Branch D (third reading) B. By-law No. 2024-016 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and R & N Maintenance for pavement marking services C. By-law No. 2024-017 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Wilson's Lawn Care for lawn maintenance services D. By-law No. 2024-018 Being a by-law to adopt a municipal assistance for community events policy E. By-law No. 2024-019 Being a by-law to authorize the execution of a development agreement between Roy Schrijver Farms Ltd. and the Corporation of the Municipality of Bayham F. By-law No. 2024-020 Being a by-law to authorize the execution of a temporary use and demolition agreement between Dale and Wendy Baldwin and the Corporation of the Municipality of Bayham Council Minutes April 18, 2024 G. By-law No. 2024-021 Being a by-law to authorize the execution of a development amending agreement between Isaac and Maria Froese and the Corporation of the Municipality of Bayham H. By-law No. Z761-2023 Being a by-law to amend By-law No. Z456-2003, as amended — Blatz (third reading) I. By-law No. Z773-2024 Being a by-law to amend By-law No. Z456-2003, as amended — CHR Farms Ltd. J. By-law No. Z778-2024 Being a by-law to amend By-law No. Z456-2003, as amended — Peters Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT By-law Nos. 2024-016, 2024-017, 2024-018, 2024-019, 2024-020, 2024-021, Z773-2024 and Z778-2024 be read a first, second and third time and finally passed. CARRIED Moved by: Councillor Froese Seconded by: Councillor Emerson THAT By-law Nos. 2024-004 and Z761-2023 be read a third time and finally passed. .:: e 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an "In Camera" Session at 8:00 p.m. to discuss: A. 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 Emerson M Council Minutes April 18, 2024 THAT the Council do now rise from the "In Camera" Session at 9:00 p.m. and report on Confidential Item re personnel matters about an identifiable individual (CAO Performance Review). CARRIED Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Confidential Item re personnel matters about an identifiable individual (CAO Performance Review) be received for information; AND THAT staff proceed as directed. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2024-022 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Confirming By-law No. 2024-022 be read a first, second and third time and finally passed. e 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 9:01 p.m. CARRIED MAYOR ' X