HomeMy WebLinkAboutAugust 15, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — HYBRID
Thursday, August 15, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting — 2 Applications
The August 15, 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
CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:02 pm.
ED KETCHABAW
RAINEY WEISLER
DANFROESE
SUSAN CHILCOTT
TIMOTHY EMERSON
THOMAS THAYER
MEAGAN ELLIOTT
MARGARET UNDERHILL
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
Councillor Chilcott reminded residents that Watermelon Fest is taking place on Saturday, August
24th at the SCC. Parade begins at 10 am and there is also a pancake breakfast at the Fire Hall.
Deputy Mayor Weisler noted the upcoming Cemetery Decoration Days.
CAO Thomas Thayer reminded residents that the Municipal Office will be closed on Monday,
September 2nd for Labour Day.
Councillor Emerson reminded residtend of the kayak fun run and another concert for the
Lighthouse for the upcoming weekend.
Mayor Ketchabaw noted there are still spots available for the Warden's golf tournament taking
place on August 26th at the Iron Creek Golf Club.
5. PRESENTATIONS
Council Minutes
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held July 18, 2024
B. Statutory Planning Meeting held July 18, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
August 15, 2024
THAT the minutes of the Regular Meeting of Council and Statutory Planning Meeting held
July 18, 2024 be approved as presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
One (1) member of the public spoke to item 16. 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
12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance A-11/24 Deconinck
B. Notice of Passing re Zoning By-law Amendment ZBA-09/24 Jurenas
C. Notice of Passing re Zoning By-law Amendment ZBA-17/24 Giles
D. Notice of Public Meeting re Proposed Minor Variance A-12/24 Docheff
E. Notice of Public Meeting re Proposed Minor Variance A-13/24 Craig
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August 15, 2024
F. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-20/24 Cadman
G. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-21/24 Municipality
of Bayham
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT items 12.1.1 A — G be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
Report DS-58/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent
Application E66-24 Hiebert, N, 9411 Elgin Street, Straffordville
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report DS-58/24 regarding the Consent Application E66-24 Hiebert be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E66-24 be granted subject to the following conditions and
considerations:
I That the owner installs a new private well on the proposed 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.
2 That the owner obtains a permit from the Municipality of Bayham for the installation of
a new municipal sanitary service connection to the proposed Severed Lot;
That the owner enter into a Development Agreement with the Municipality to upgrade
the public right-of-way lands along the entirety of the width and frontage of the
proposed Severed Lot to current municipal standards, including, but not limited to,
roadway surface widening, turnaround at the southern terminus meeting municipal
design standards, signage and ditch/drainage works with a security deposit based on
a percentage of the estimated cost for road works and insurance indemnifying the
Municipality. The extent of the upgrades will be determined subsequent to detailed
review of the owner's professional design plans for the development, and prior to the
signing of the Development Agreement in consultation with the Municipality, and/or
Municipal Engineering Consultants, and the owner's Professional Engineering
Consultant.
That the owner obtains approval from the Municipality of Bayham for road entrance
permit (Elgin Street) for a new access to the proposed Severed Lot;
That the owner provides an engineered stamped grading and storm water
management plan for each parcel to demonstrate that each 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
Council Minutes
August 15, 2024
with the preparation of a revised assessment schedule for the Straffordville Drain #8 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 pay fees as required in Municipal By-law No. 2020-053-Cash--in--lieu of
Parkland.
8. That the owner provides a digital copy of a survey of the subject lands.
9, That the owner applies and pays all fees to the Municipality with respect to Civic
Addressing/signage for the severed lot.
10. That the owner provides a Planning Report Fee payable to the Municipality of
Bayham.
A
H_ Report DS-59/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official
Plan Amendment OPA-02/24 1830567 Ontario Inc. 55942 Maple Grove Line, OPA No. 37
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Staff Report DS-59/24 regarding the Official Plan Amendment Application OPA-
01/24 submitted by 1830567 Ontario Inc. 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 July
18, 2024 associated with this application, the appointed agent was present and there were
no oral or written public submissions and that all considerations were taken into account in
Council's decision passing this resolution;
AND THAT Council considers the proposed amendment to add a site -specific text section
to the Official Plan to be consistent with the Provincial Policy Statement 2020, and in
conformity to the Elgin County Official Plan, and the Municipality of Bayham Official Plan,
AND THAT By-law No. 2024-048 being an adopting By-law for Official Plan Amendment
No. 37, for the purpose of adding a new site -specific sub -section to permit the severance of
an existing single -detached dwelling constructed in 2021 on the subject lands made
surplus through farm consolidation that does not conform to Section 2.1.7.1 of the Official
Plan, which currently requires that consents to sever and convey an existing farm dwelling
requires the dwelling to have been built and occupied a minimum of ten (10) years prior to
the date of consent application and whereby the existing single -detached dwelling, to be
severed through a future consent application as a surplus farm dwelling, was constructed
in 2021 to replace the previous and now demolished single -detached dwelling built in 1900
that was uninhabitable and in a state of disrepair;
AND THAT adopted Official Plan Amendment No. 37 be forwarded to the County of Elgin
for approval.
CARRIED
Council Minutes
August 15, 2024
C. Report DS-60/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-15/24 Bergen, 10564 Culloden Road
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report DS-60/24 regarding the Bergen rezoning application ZBA-15/24 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 July
18, 2024 associated with this application, the appointed agent was in attendance with no
oral or 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 6 Concession 9, known municipally as a
10564 Culloden Road, hamlet of North Hall, from Holding Hamlet Residential (HR (h1))
Zone to Hamlet Residential (HR) Zone on the severed lot and from Agricultural (Al) to
Site -specific Agricultural (A1-47) on a portion of the retained parcel as a condition of
Consent El8-24 to permit the severance of an existing single -detached dwelling;
AND THAT Zoning By-law No. Z787-2024 be presented to Council for enactment.
CARRIED
The Council Meeting recessed to hold a Statutory Planning
Meeting at 7:28 pm
The Council Meeting resumed at 7:56 pm and recessed for a break
The Council Meeting resumed at 8:05 pm
D. Report DS-61/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-18/24 Wiebe, 55309 Talbot Line
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report DS-61/24 regarding the Wiebe rezoning application ZBA-18/24 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 July
18, 2024 associated with this application, there was one oral presentation by the appointed
agent 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 Pat Lot 9 Concession 9, known municipally as 55309
Council Minutes
August 15, 2024
Talbot Line, from Hamlet Residential (HR) to Site -specific Hamlet Residential (HR-16) to
permit the development of an accessory building for personal storage of a boat, camping
trailer and personal belongings, which requires relief from the following provisions:
Section 9.5.1 to permit a Maximum Accessory _Building_ Height of 6.1 metres,
whereas 4.5 metres is required, and,
■ Section 9.7 to permit a Maximum Floor Area of 372.0 m2 for an Accessory
Building, whereas 75.0 m2 or 8% lot coverage (whichever is less) is required
AND THAT Zoning By-law No. Z786-2024 be presented to Council for enactment.
WATG: 1
E. Report DS-62/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-19/24 Giesbrecht, 11306, 11390 and 11450 Ridge Line
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report DS-62/24 regarding the Giesbrecht rezoning application ZBA-19/24 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 July
18, 2024 associated with this application, the property owner was in attendance with no
oral or 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 Lots 23 and 24 Concession 8, known municipally
as a 11306 Ridge Line from Agricultural (Al-A)Zone to Rural Residential (RR) Zone on
the severed lot and change the zoning on the retained parcel known municipally as 11390
and 11450 Ridge Line from Agricultural (Al-A)to Special Agricultural (A2) to prohibit new
dwellings as a condition of Consent E75-24 to permit the severance of an existing single -
detached dwelling as a surplus farm dwelling;
AND THAT Zoning By-law No. Z788-2024 be presented to Council for enactment.
CARRIED
E. Report DS-63/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Delegation
of Powers and Duties — Development Agreements and Temporary Use and
Removal/Demolition Agreements
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report DS-63/24 re Delegation of Powers and Duties — Development Agreements
and Temporary Use and Removal/Demolition Agreements be received for information;
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August 15, 2024
AND THAT the Municipality of Bayham's Chief Administrative Officer (CAO) be delegated
authority to enter into Development Agreements and Temporary Use and
Removal/Demolition Agreements on Council's behalf;
AND THAT the appropriate amending by-law be presented to Council for enactment.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Plympton-Wyoming re Underserviced Cellular Communication Services in Rural
and Urban Centres in the Town of Plympton-Wyoming, other Rural and Urban Centres
across Lambton County, and Beyond
B. Township of Georgian Bluffs re AMO/OMA Joint Health Resolution Campaign
C. County of Frontenac re Request for Provincial Government to Recognize the Physician
Shortage in Frontenac County
D. Township of Lucan Biddulph re AMO/OMA Joint Health Resolution Campaign — Physician
Shortage
E. Municipality of Wawa re Ontario Forest Industries Association — Immediate Action Needed
to Support Ontario's Forest Sector
F. Town of Cochrane re Ontario Regulation 391/21 Blue Box for Ineligible Sources
G. Municipal Engineers Association re Ontario Provincial Standards
H. Ministry of Natural Resources re Proposal Regarding Developing a Commercial -Scale
Framework for Geologic Carbon Storage
I. County of Elgin re No Parking Zone on Fulton Street
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT items 13.1.1 A — I be received for information.
CARRIED
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CAO-31/24 by Thomas Thayer, CAO re Survey and Consideration of Surplus —
Ann Street Lands
Council Minutes
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
August 15, 2024
THAT Report CAO-31/24 re Survey and Consideration of Surplus — Ann Street Lands be
received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham deems Parts 1
through 8 on survey yet -to -be -registered surplus to the needs of the Municipality for
purposes of sale;
AND THAT the Council of The Corporation of the Municipality of Bayham accepts the
quote provided by PBR Excavating in the amount of $13,995 + HST to install servicing to
Parts 1 through 8 on survey yet -to -be -registered;
AND THAT the costs associated with ensuring proper water and wastewater servicing to
the aforementioned Parts 1 through 8 be funded from the Wastewater Reserve Fund;
AND THAT a public comment period of no fewer than twenty-one (21) days be
commenced at the appropriate time as determined by staff and after such time as the
survey is registered.
CARRIED
14. BY-LAWS
A. By-law No. 2024-048 Being a by-law to adopt Official Plan Amendment No. 37
B. By-law No. 2024-049 Being a by-law to amend By-law No. 2014-090 being a by-
law to adopt a policy with respect to the delegation of powers and duties of Council of the
Corporation of the Municipality of Bayham
C. By-law No. 2024-050 Being a by-law to appoint municipal officers and employees
for the Municipality of Bayham
D. By-law No. Z786-2024
amended — Wiebe
E. By-law No. Z787-2024
amended — Bergen
F. By-law No. Z788-2024
amended — Giesbrecht
Being a by-law to amend By-law No. Z456-2003, as
Being a by-law to amend By-law No. Z456-2003, as
Being a by-law to amend By-law No. Z456-2003, as
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT By-law Nos. 2024-048, 2024-049, 2024-050, Z786-2024, Z787-2024 and Z788-
2024 be read a first, second and third time and finally passed.
CARRIED
Council Minutes August 15, 2024
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
A. Draft Minutes of the July 15, 2024 Waterfront Advisory Meeting
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT the draft minutes from the July 15, 2024 Waterfront Advisory Committee Meeting be
received for information.
CARRIED
B. Waterfront Advisory Committee Recommendations to Council
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT the Waterfront Advisory Committee Recommendations to Council be received for
information;
AND THAT discussions on playground equipment at the East Beach be deferred to the
2025-2034 Capital Budget deliberations;
AND THAT a review of the Waterfront Advisory Committee Terms of Reference be
deferred to the new term of Council.
CARRIED
16.1 In Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the Council do now rise to enter into an "In Camera" Session at 8:51 p.m. to
discuss:
A. Confidential Item re Labour relations, employee negotiations; 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 (CUPE)
B. Confidential Item re Personal matters about an identifiable individual; Labour relations,
employee negotiations (Human Resources)
C. Confidential Item re Personal matters about an identifiable individual (Advisory
Committees)
CARRIED
Council Minutes August 15, 2024
16.2 Out of Camera
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the Council do now rise from the "In Camera" Session at 9:28 p.m. and report on
Confidential Item re Labour relations, employee negotiations; 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 (CUPE), Confidential Item re Personal matters
about an identifiable individual; Labour relations, employee negotiations (Human
Resources) and Confidential Item re Personal matters about an identifiable individual
(Advisory Committees).
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Confidential Item re Labour relations, employee negotiations; 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 (CUPS) be received for information;
AND THAT staff proceed as directed.
CARRIED
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Confidential Item re Personal matters about an identifiable individual; Labour
relations, employee negotiations (Human Resources) be received for information;
AND THAT staff proceed as directed.
C CM
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Confidential Item re Personal matters about an identifiable individual (Advisory
Committees) be received for information;
AND THAT the appointment of Jean -Ann Baranik to the Museum Advisory Committee be
rescinded.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-051 Being a by-law to confirm all actions of Council
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Council Minutes August 15, 2024
Moved by'. Councillor Chilcott
Seconded by: Councillor Emerson
THAT Confirming By-law No. 2024-051 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT the Council meeting be adjourned at 9:31 p.m.
CARRI ED
AYOR 15
CLERK
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