HomeMy WebLinkAboutJune 20, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — HYBRID
Thursday, June 20, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting — 2 Applications
The June 20, 2024 Council Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS SUSAN CHILCOTT
TIMOTHY EMERSON
ABSENT: DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
MANAGER OF CAPITAL PROJECTS /
WATER/WASTEWATER ED ROLOSON
FIRE CHIEF HARRY BARANIK
TREASURER LORNE JAMES
CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 pm.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
13.2 C Report CAO-27/24 by Thomas Thayer, CAO re 2024-2029 Energy Conservation
and Demand Management Plan — Ontario Regulation 25/23
4. ANNOUNCEMENTS
Deputy Mayor Weisler reminded residents of the Canada Day Celebrations taking place in Port
Burwell on Monday, July 1st. Parade begins at 10:30 am at the Legion.
Councillor Emerson reminded residents that the 2nd concert fundraiser hosted by the Port
Burwell Historical Society is on Friday, June 281h at the Church of Perpetual Faith in Music in
Vienna.
Council Minutes
June 20, 2024
Mayor Ketchabaw announced that there will be a plaquing of the Bayham West Cemetery on
Sunday, July 711 at 3pm.
CAO Thayer reminded residents that the Municipal Office will be closed on Monday, July 1st and
that there is only 1 Regular Meeting of Council in July and August.
5. PRESENTATIONS
A. Watson & Associates Economists Ltd. re Water and Wastewater Rate Study
The Council Meeting recessed for a Statutory Planning Meeting at 7:30 pm
The Council Meeting resumed at 7:44 pm
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the presentation by Byron Tan, Watson & Associates Economists Ltd., re Water
and Wastewater Rate Study be received for information;
AND THAT Council direct staff to work with Watson & Associates Economists Ltd. to
revise and present to Council a revised version of Scenario 1, which includes a small
water rate increase to the Bayham water systems in 2025 accompanied by a larger
increase in 2026 to accommodate potential tax rate increase impacts associated with
Council's desire to retire the HMCS Ojibwa debt in the 2025 fiscal year.
CARRIED
The Council Meeting recessed for a break at 8:53 pm
The Council Meeting resumed at 9:01 pm
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held June 6, 2024
B. Statutory Planning Meeting held June 6, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the minutes from the Regular Meeting of Council held June 6, 2024 and the minutes
from the Statutory Planning Meeting held June 6, 2024 be approved as presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
One (1) member of the public spoke to item 13.1.2 A.
Council Minutes
June 20, 2024
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
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 Decision re Minor Variance A-08/24, Dan Froese Farms Inc.
C. Notice of Decision re Minor Variance A-09/24, Dan Wieler
D. Notice of Decision re Minor Variance A-10/24, Roy Schrijver Farms
E. Notice of Passing re Zoning By-law Amendment ZBA-12/24, Asher
F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-09/24, Jurenas
G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-17/24, Giles
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 12.1.1 A — G be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-46/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-14/24 Terry and Rebecca Paget, 11681 Elliott Road
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-46/24 regarding the Paget rezoning application ZBA-14/24 be received
for information;
Council Minutes
June 20, 2024
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 June
6, 2024 associated with this application, there was one signed in attendee making an oral
presentation unrelated to this specific matter 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 Part Lot 15 Concession 10, known municipally as a
11681 Elliott Road, from Rural Residential (RR) Zone to Site -specific Rural Residential
(RR-52) to permit the expansion of the existing accessory building and would continue to
prohibit shipping containers on the residential zoned lots as intended in the Zoning By-law;
AND THAT Zoning By-law No. Z782-2024 be presented to Council for enactment.
W-ATOMIrwel
B. Report DS-47/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-16/24 Willow Hawk Farms Inc., 56830 Talbot Line
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report DS-47/24 regarding the Willow Hawk Farms Inc. rezoning application ZBA-
16/24 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 June
6, 2024 associated with this application, there were two signed in attendees making oral
presentations and two 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 Part Lot 16 Concession 10, known municipally as
56830 Talbot Line, from Agricultural (Al-A)Zone to Site -specific Agricultural (A1-A-45) to
permit the following additional uses on the subject property:
`Assembly Hall, Wedding Venue' to permit weddings as an On -Farm Diversified
Use secondary to the principal agricultural use as an additional permitted use,
limited to a Maximum Floor Area of 617.0 m2 (6,641.3 ft2), which includes the
orchard pavilion, bathroom facility and storage shed, and;
`Farm Produce Outlet' in an existing permanent building/structure with a Maximum
Floor Area of 76.0 m2 (818.1 ft2) as an additional permitted use, whereas the
Zoning By-law requires that a Farm Produce Outlet to be in a temporary
building/structure.
AND THAT Zoning By-law No. Z783-2024 be presented to Council for enactment.
CARRIED
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Council Minutes
June 20, 2024
C Report DS-48/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E46-24 Friessen, 55837 Fifth Street
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-48/24 regarding the Consent Application E46-24 Friesen be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E46-24 be granted subject to the following conditions and
considerations:
I That the Owner obtains approval of a minor Variance application for the proposed
severed lot to permit a reduced Minimum Lot Frontage of 16.0 metres.
That the Owner obtains a permit from the Municipality of Bayham and install a
municipal sanitary service connection to the proposed severed lot at the Owner's
expense.
"J That the Owner installs a private well on the proposed severed parcel and provides
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 at the Owner's expense.
4 That the Owner obtains approval from the Municipality of Bayham for a road entrance
permit (Fifth Street) for a new access to the proposed severed lot.
That the Owner provides an engineered grading, drainage, and storm water
management plan for the severed parcel to demonstrate 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.
6 That the Owner pay Cash -in -lieu of Parkland fees for one created parcel 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 the severed parcel.
9- That the Owner provides a Planning Report Fee payable to the Municipality of Bayham
upon consent conditional approval.
10. That the applicant initiate and assume all engineering costs associated with the
preparation of a revised assessment schedule for the Fifth Street 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.
CARRIED
D Report DS-49/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Minor
Variance A-08/24 Dan Froese Farms Inc. Development Agreement
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Report DS-49/24 regarding the Dan Froese Farms Inc. Development Agreement be
received;
Council Minutes
June 20, 2024
AND THAT Council authorize the execution of a Development Agreement between The
Corporation of the Municipality of Bayham and Dan Froese Farms Inc. to permit the
conversion of an existing permanent house barn of 80.0 m2 (861.11 ft2) in gross floor
area to a supplementary farm dwelling to accommodate one (1) seasonal farm labourer
for the time period of March 1 st to November 30' in accordance with Section 2.1.10.1 of
the Bayham Official Plan;
AND THAT By-law No. 2024-040 be presented for enactment.
CARRIED
E. Report DS-50/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Janzen &
PBR Excavating Ltd. Development Agreements
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report DS-50/24 regarding the Janzen and PBR Excavating Ltd. Development
Agreements for the Union Street extension be received;
AND THAT By-law No. 2024-041, being a by-law to authorize the execution of a
Development Agreement between Johan and Sara Janzen and the Municipality of
Bayham for Union Street road construction, be presented for enactment;
AND THAT By-law No. 2024-042, being a by-law to authorize the execution of a Union
Street Extension Construction Agreement between PBR Excavating Ltd. and the
Municipality of Bayham, be presented for enactment.
MATMITIM
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Housing Market Update
for May 2024
B. Long Point Region Conservation Authority re May 1, 2024 Meeting Minutes
C. Watson & Associates Economists Ltd. re Assessment of Bill 185, Cutting Red Tape to
Build More Homes Act, 2024
D. AMCTO re E. A. Danby Award to Municipality of Bayham and Township of Malahide for
Shared Services Agreement
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 13.1.1 A — D be received for information.
CARRIED
Council Minutes June 20, 2024
13.1.2 Requiring Action
A. Straffordville Hall Foundation re Straffordville Community Centre Expenditure Lines
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the correspondence from the Straffordville Hall Foundation re Straffordville
Community Centre Expenditure Lines be received for information;
AND THAT staff be directed to discontinue the use of the current formula based on square
footage for reporting utilities for the SCC and implement a new formula based on
occupancy beginning in 2025;
AND THAT staff be directed to revise the budget for the SCC to include salaries and
wages and statutory benefit expense lines in 2025.
CARRIED
13.2 Reports to Council
A. Report CL-07/24 by Meagan Elliott, Clerk re 2024 Municipal Assistance — Second Intake
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report CL-07/24 re 2024 Municipal Assistance — Second Intake be received for
information;
AND THAT the facility and road closure requests be approved, subject to the provision of
a liability insurance certificate in the minimum amount of $2,000,000.00 naming the
Municipality of Bayham as additional insured;
AND THAT the requests for a staff presence for road closure purposes be approved with
the ability to utilize the OPP as a backup and, if utilized, compensate from the Municipal
Assistance budget;
AND THAT staff be directed to advise external agencies of the approved events and
obtain County approval for use of County roads for noted closures;
AND THAT the Municipality of Bayham reserves the right to revoke said approvals at any
time for any reason and approved timelines may be adjusted for the use of certain facilities
or materials should they become unavailable due to construction or unforeseen
circumstances.
WITZHIM91
B. Report CAO-25/24 by Thomas Thayer, CAO re Port Burwell Lighthouse Status and
Costing Revisited
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
Council Minutes June 20, 2024
THAT Report CAO-25/24 re Port Burwell Lighthouse Status and Costing Revisited be
received for information;
AND THAT staff be directed to obtain a revised August 2023 quote as provided by
a+LINK Architecture;
AND THAT staff be directed to obtain a quote identifying an alternative cladding for the
Port Burwell Lighthouse.
e
C. Report CAO-27/24 by Thomas Thayer, CAO re 2024-2029 Energy Conservation and
Demand Management Plan — Ontario Regulation 25/23
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report CAO-27/24 re 2024-2029 Energy Conservation and Demand Management
Plan — Ontario Regulation 25/23 be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham adopt the 2024-
2029 Energy Conservation and Demand Management Plan;
AND THAT staff be directed to post the 2024-2029 Energy Conservation and Demand
Management Plan to the Municipal website.
CARRIED
14. BY-LAWS
A. By-law No. 2024-040 Being a by-law to authorize the execution of a development
agreement between Dan Froese Farms Inc. and the Corporation of the Municipality of
Bayham
B. By-law No. 2024-041 Being a by-law to authorize the execution of a development
agreement between the Municipality of Bayham and Johan and Sara Janzen for the
construction of a portion of Union Street, Vienna
C. By-law No. 2024-042 Being a by-law to authorize the execution of a construction
agreement between the Municipality of Bayham and PBR Excavating Inc. for the
construction of a portion of Union Street, Vienna
D. By-law No. Z782-2024 Being a by-law to amend By-law No. Z456-2003, as
amended — Paget
E. By-law No. Z783-2024 Being a by-law to amend By-law No. Z456-2003, as
amended — Willow Hawk Farms
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
.8
Council Minutes
June 20, 2024
THAT By-law Nos. 2024-040, 2024-041, 2024-042, Z782-2024 and Z783-2024 be read a
first, second and third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
A. Deputy Mayor Weisler re AMO Director Nomination
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT the correspondence from Deputy Mayor Weisler re AMO Director Nomination be
received for information;
AND THAT Council of the Corporation of the Municipality of Bayham hereby supports
Deputy Mayor Weisler's re-election to the AMO Board of Directors.
R
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 10.11 p.m. to
discuss:
A. 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 (Fourth Street)
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 10:16 p.m. and report on
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 (Fourth Street).
,�L\Sol ION 1-91
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
Council Minutes
June 20, 2024
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 (Fourth Street) be received for information;
AND THAT staff proceed as directed.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-043 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT Confirming By-law No. 2024-043 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Council meeting be adjourned at 10:17 p.m.
CARRIED ti
MAYOR CLERK
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