HomeMy WebLinkAboutJune 06, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — HYBRID
Thursday, June 6, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting — 2 Applications
The June 6, 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
TREASURER
FIRE CHIEF
BY-LAW ENFORCEMENT OFFICER
MANAGER OF PUBLIC WORKS / DRAINAGE
SUPERINTENDENT
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:03 pm.
ED KETCHABAW
RAINEY WEISLER
DANFROESE
SUSAN CHILCOTT
TIMOTHY EMERSON
THOMAS THAYER
MEAGAN ELLIOTT
MARGARET UNDERHILL
LORNE JAMES
HARRY BARANIK
STEPHEN MILLER
STEVE ADAMS
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Dan Froese declared a pecuniary interest to item 11.2 A.
Counicllor Susan Chilcott declared a pecuniary interest later in the meeting to item 13.1.2 A.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
Deputy Mayor Weisler made a number of announcements:
* Congratulations to Edisonfest for the great turnout
Reminder that there is a Blue Flag Beach Flag Raising Ceremony on Saturday, June 8,
2024 at 1 pm at the Port Burwell East Beach
• Reminder that there is a Grand Re -Opening of the Marine Museum on Saturday, June
8, 2024 from 2-4 pm
Congratulations to four (4) new Bayham firefighters
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June 6, 2024
• Noting that June 6, 2024 is the 80t' anniversary of D-Day and honouring the brave
Canadians
Mayor Ketchabaw announced that there will be a Masonic breakfast on Sunday, June 16, 2024
from 8 am to 1 pm.
Mayor Ketchabaw took a moment to point out that there has been some recent property
damage relating to our signage that cost the Municipality approximately $8,000. Mayor
Ketchabaw noted this is a safety and cost issue and is not acceptable.
Manager of Public Works / Drainage Superintendent, Steve Adams announced the upcoming
retirement of Kevin Bradfield. Kevin has been with Bayham since 1994. Steve expressed his
gratitude for his service on behalf of all Bayham staff and Council gave a round of applause.
5. PRESENTATIONS
A. Rob Foster, Graham Scott Enns re 2023 Consolidated Financial Statements
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the presentation from Rob Foster, Graham Scott Enns re 2023 Consolidated
Financial Statements be received for information;
AND THAT the 2023 Financial Statements be approved as presented;
AND THAT the Chair be directed to sign the audit finding letters.
CARRIED
The Council Meeting recessed at 7:32 pm for a Statutory Planning Meeting
The Council Meeting resumed at 7:56 pm.
Council recessed for a short break at 7:56 pm.
The Council Meeting resumed at 8:06 pm.
6. DELEGATIONS
A. Amanda Paupst, Elgin County Library Branch Supervisor re Your Bayham Libraries
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT the delegation from Amanda Paupst, Elgin County Library Branch Supervisor re
Your Bayham Libraries be received for information.
CARRIED
Council Minutes June 6, 2024
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held May 16, 2024
B. Special Meeting of Council held May 23, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT the minutes from the Regular Meeting of Council held May 16, 2024 and the
minutes from the Special Meeting of Council held May 23, 2024 be approved as
presented.
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8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
One (1) member of the public spoke to item 13.2 B.
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-05/24 by Stephen Miller, By-law Enforcement Officer re Refreshment Vehicle
Licensing
Councillor Froese left the table at 8;23 pm
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report BL-05/24 re Refreshment Vehicle Licensing be received for information;
AND THAT the draft Refreshment Vehicles By-law No. 2024-033 be approved as
presented and brought forward for enactment;
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June 6, 2024
AND THAT Council approves the updated fees for the four classifications of refreshment
vehicles;
AND THAT the appropriate by-law to update the refreshment vehicle licensing fees be
brought forward for Council's consideration.
CARRIED
Councillor Froese returned to the table at 8:36 pm
B. Report FR-03/24 by Harry Baranik, Fire Chief re Replacement of Tanker 1 — Joint
Procurement
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report FR-03/24 re Replacement of Tanker 1 — Joint Procurement be received for
information;
AND THAT the Council of The Corporation of the Municipality of Bayham approve the
procurement of one (1) Maxi -Metal Pumper Tanker based on the specifications outlined
in the Proposal from Commercial Emergency Equipment Company, in the amount of
$738,491.23 plus HST, to replace the 2000 Pumper Tanker currently in service at
Station 1 Port Burwell.
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C. Report PS-09/24 by Steve Adams, Manager of Public Works/Drainage Superintendent
re East Beach Unloading Zone and Additional Signage
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report PS-09/24 re East Beach Unloading Zone and Additional Signage be
received for information;
AND THAT staff be directed to implement an unloading zone in the west side beach
parking lot.
CARRIED
D. Report PS-10/24 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Additional On -Street No Parking Zones — Fulton Street and Robinson Street
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report PS-10/24 re Additional On -Street No Parking Zones — Fulton Street and
Robinson Street be received for information;
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AND THAT correspondence be sent to the County of Elgin Council to consider
establishing a No Parking zone on Fulton Street between Elm Street and Snow Street in
Vienna;
AND THAT a No Parking zone be established along Robinson Street from Pitt Street to
the East Beach turnaround in Port Burwell.
CARRIED
12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Open House re Bayham Official Plan Review 2024
B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-14/24
C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-16/24
D. Notice of Public Meeting re Proposed Minor Variance A-08/24
E. Notice of Public Meeting re Proposed Minor Variance A-09/24
F. Notice of Public Meeting re Proposed Minor Variance A-10/24
G. Notice of Passing re ZBA-13/24 Dan Froese Farms Inc.
H. Notice of Decision re Minor Variance A-05/24
I. Notice of Decision re Minor Variance A-06/24
J. Notice of Decision re Minor Variance A-07/24
K. Notice of Adoption re Elgin County Official Plan
L. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-09/24
M. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-17/24
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 12.1.1 A — M be received for information.
CARRIED
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12.1.2 Requiring Action
12.2 Reports to Council
June 6, 2024
A. Report DS-37/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-12/24 Asher, J & C 11184 Plank Road
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report DS-37/24 regarding the Asher rezoning application ZBA-12/24 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 May
2, 2024 associated with this application, the Agent was the only signed in attendee, there
were 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 21 & 22 Concession 8, known
municipally as 11184 Plank Road, from Hamlet Residential (HR) to Site -Specific Hamlet
Residential (HR-15) to permit the development of an accessory detached garage on the
subject property for personal vehicles and storage, which requires relief from the
following provisions:
• Section 4.2.c) to permit an accessory building in the front yard;
■ Section 4.2.d) to permit an accessory building closer to the street than the main
building;
• Section 9.5.1) to permit a Maximum Height of 5.8 metres, whereas 4.5 metres is
required;
• Section 9.7) to permit a Maximum Floor Area of 187 m2 (168.0 m2 for the proposed
garage and 18.9 m2 for the existing shed to be relocated), whereas 75.0 ma is
required;
■ Section 9.10) to permit a Minimum Rear Yard Depth of 2.9 metres, whereas 9.0
metres is required;
■ Section 4.22.1.b) to permit a Minimum Setback of 20.0 metres from the centre line
of the County Road right-of-way, whereas 26.0 metres is required.
AND THAT Zoning By-law No. Z780-2024 be presented to Council for enactment.
CARRIED
B_ Report DS-40/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Temporary Use and Demolition Agreement Benne and Martha Wiebe
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
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June 6, 2024
THAT Report DS-40/24 regarding the Wiebe Temporary Use and Demolition Agreement
be received;
AND THAT By-law No. 2024-035, being a by-law to authorize an agreement between
Benne and Martha Wiebe and The Corporation of the Municipality of Bayham, be
presented for enactment.
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G Report DS-41/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Declare
Lands as Part of the Open Public Highway System Part 1 11 R9348 — Part of Charles
Court
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report DS-41/24 regarding the Declare Lands as Part of the Open Public
Highway System (part of Charles Court) be received;
AND THAT By-law No. 2024-036, being a by-law to authorize and to declare lands in the
Municipality of Bayham as part of the open public highway system (Part 1 of 11 R9348 —
Part of Charles Court), be presented for enactment.
CARRIED
U. Report DS-45/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Applications E39-24 and E40-24 Best Line Construction 11156 Culloden Road
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report DS-45/24 regarding the Consent Applications E39-24 and E40-24 Best
Line Construction (Frank Fehr) be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E39-24 and E40-24 be granted subject to the following conditions
and considerations:
I That the owner obtains approval from the County of Elgin for road entrance permits
for new accesses to the proposed severed Parcels A and B.
That the owner obtains a municipal lot assessment and provides soil testing results
for the proposed severed Parcels A and B in accordance with Provincial Standards
for a future septic system.
? That the owner obtains approval from the Municipality of Bayham for the installation
of a new private well on each of the proposed severed Parcels A and B providing the
Municipality with water quantity and water quality reports for bacteria and nitrates
content for each lot meeting the Provincial standards for residential use, as a matter
of public health and safety.
L That the owner provides an engineered grading, drainage and storm water
management plan for each of the proposed severed Parcels A and B to demonstrate
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June 6, 2024
that the severed lands will drain properly to a legal outlet with no negative impacts on
the neighbouring lands or the road, all to the satisfaction of the Municipality of
Bayham.
5_ That the applicant initiate and assume, if required by the Municipality, all engineering
costs associated with the preparation of a revised assessment schedule for any
associated municipal 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.
6_ That the owner pay Cash -in -lieu of Parkland fees for each of the proposed severed
Parcels A and B as required in Municipal By-law No. 2020-053.
7_ That the owner provides a digital copy of a survey of the subject lands.
8. That the owner applies and pays all fees to the Municipality with respect to Civic
Addressing/signage for each of the proposed severed Parcels A and B.
9, That the owner provides a Planning Report Fee payable to the Municipality of
Bayham upon consent conditional approval.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Plympton-Wyoming re ERO Postings 019-8462 and 019-8371
B. Township of Lake of Bays re Request for Royal Assent of Administrative Monetary
Penalty System in the Ontario Building Code Act
C. Elgin County re May 14, 2024 County Council Highlights
D. Elgin County re May 28, 2024 County Council Highlights
E. Swim Drink Fish re 2024 Municipality of Bayham Blue Flag Canada Application
F. Municipality of Bayham re Marine Museum Grand Re -Opening Event
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 13.1.1 A — F be received for information.
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13.1.2 Requiring Action
A. Bayham Historical Society re Port Burwell Lighthouse Restorations
Councillor Chilcott declared a pecuniary interest and left the table at 9:27 pm
Moved by: Councillor Emerson
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Seconded by: Councillor Froese
THAT the correspondence from the Bayham Historical Society re Port Burwell
Lighthouse Restorations be received for information.
CARRIED
Councillor Chilcott returned to the table at 9:31 pm
13.2 Reports to Council
A. Report CAO-20/24 by Thomas Thayer, CAO re Stop -Up and Close— Part 2 of Plan 11 R-
11164, Faye Street, Port Burwell
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT Report CAO-20/24 re Stop -up and Close — Part 2 of Plan 11 R-11164, Faye
Street, Port Burwell be received for information;
AND THAT a by-law authorizing the Stop -Up and Close of Part 2 of Plan 11 R-11164,
being part of the Faye Street road allowance, Port Burwell, be brought forward for
Council's consideration;
AND THAT the Mayor and Chief Administrative Officer be authorized to execute the
necessary documents to proceed with conveyance of the lands to the abutting
landowner.
CARRIED
B. Report CAO-21/24 by Thomas Thayer, CAO re Stop -Up and Close — Parts 2 & 3 of Plan
11 R-10789, Snow Street, Vienna/Buildability —Ann Street Lands
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report CAO-21/24 re Stop -up and Close — Parts 2 & 3 of Plan 11 R-10789, Snow
Street, Vienna / Buildability — Ann Street Lands be received for information;
AND THAT a by-law authorizing the Stop -Up and Close of Parts 2 & 3 of Plan 11 R-
10789, Snow Street road allowance be brought forward for Council's consideration;
AND THAT staff be directed to obtain a survey of the Ann Street Lands for further
consideration of buildability with 4 lots fronting onto Ann Street.
CARRIED
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June 6, 2024
C. Report CAO-22/24 by Thomas Thayer, CAO re Extension of Site Plan Agreement —
John and Jennifer Klassen — 9253 Plank Road (SPA-06/21)
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report CAO-22/24 re Extension of Site Plan Agreement — John and Jennifer
Klassen — 9253 Plank Road, Straffordville (Application No. SPA-06/21) be received for
information.
CARRIED
14. BY-LAWS
A, By-law No. 2024-028 Being a by-law to adopt the capital estimates for the year
2024
E3. By-law No. 2024-029 Being a by-law to establish a levy for the year 2024 to
adopt tax rates, provide for penalty and interest in default of payment and the collection
thereof
C. By-law No. 2024-031 Being a by-law to stop up and close part of the Faye Street
road allowance in the Municipality of Bayham in the County of Elgin, designated as part
2 on registered pan 11 R-11164 (Faye Street)
D. By-law No. 2024-032 Being a by-law to stop up and close part of the road
allowance between Fulton Street and Ann Street in the Municipality of Bayham, in the
County of Elgin designated as parts 2 and 3 on registered plan 11 R-10789 (Snow
Street)
E_ By-law No. 2024-033 Being a by-law to license refreshment vehicles in the
Municipality of Bayham
F_ By-law No. 2024-034 Being a by-law to amend By-law No. 2023-088 being a by-
law to adopt schedules A — H for the management, regulation and control of cemeteries
G. By-law No. 2024-035 Being a by-law to authorize the execution of a temporary
use and demolition agreement between Benne and Martha Wiebe and the Corporation
of the Municipality of Bayham
H. By-law No. 2024-036 Being a by-law to authorize and declare lands in the
Municipality of Bayham as part of the open public highway system (Part 1 of 11 R-9348 —
Part of Charles Court)
I_ By-law No. 2024-037 Being a by-law to amend By-law No. 2023-053 being a by-
law to appoint municipal officers and employees for the Municipality of Bayham
J_ By-law No. 2024-038 Being a by-law to amend By-law No. 2023-095, being a by-
law to establish and require the payment of rates and fees
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F. By-law No. Z780-2024 Being a by-law to amend By-law No. Z456-2003, as
amended —Asher
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT By-law Nos. 2024-028, 2024-029, 2024-031, 2024-032, 2024-033, 2024-034,
2024-035, 2024-036, 2024-037, 2024-038 and Z780-2024 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 Emerson
Seconded by: Councillor Froese
THAT the Council do now rise to enter into an "In Camera" Session at 10:23 p.m. to
discuss:
A Confidential Item re Litigation or potential litigation, including matters before
administrative tribunals (Cost Recovery)
B. Confidential Item re Sale or disposition of land; A position, plan procedures, 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)
CARRIED
16.2 Out of Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the Council do now rise from the "In Camera" Session at 10:43 p.m. and report on
Confidential Item re Litigation or potential litigation, including matters before
administrative tribunals (Cost Recovery) and Confidential Item re Sale or disposition of
land; A position, plan procedures, 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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Moved by' Deputy Mayor Weisler
Seconded by: Councillor Emerson
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THAT Confidential Item re Litigation or potential litigation, including matters before
administrative tribunals (Cost Recovery) be received for information;
AND THAT staff proceed as directed.
MAN: o
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Confidential Item re Sale or disposition of land; A position, plan procedures,
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.
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17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-039 Being a by-law to confirm all actions of Council
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Confirming By-law No. 2024-039 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 10:47 p.m.
CARRIED
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MAYOR w CLERK
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