HomeMy WebLinkAboutSeptember 05, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — HYBRID
Thursday, September 5, 2024
6:30 p.m.
8:00 p.m. Statutory Planning Meeting — 1 Application
The September 5, 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/VVASTEWATER
TREASURER
MANAGER OF PUBLIC WORKS / DRAINAGE
SUPERINTENDENT
CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 6:30 pm.
ED KETCHABAW
RAINEY WEISLER
DANFROESE
SUSAN CHILCOTT
TIMOTHY EMERSON
THOMAS THAYER
MEAGAN ELLIOTT
MARGARET UNDERHILL
ED ROLOSON
LORNE JAMES
STEVE ADAMS
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 Emerson announced that the last concert fundraiser for the Lighthouse is on
Saturday, September 7, 2024.
Deputy Mayor Weisler welcomed students back to school and reminded residents to watch out
for kids when driving.
Mayor Ketchabaw noted that the Elgin County Plowing Match is on Saturday, September 7,
2024. Ketchabaw inquired if any other Member of Council was able to take his place for the
dignitary plowing at 1:30 pm as he is not available.
Mayor Ketchabaw also announced that Bayham is looking for bowlers to form a team for the
Comfort of Homes Bowling Tournament to raise proceeds for Terrace Lodge
Council Minutes
5. PRESENTATIONS
September 5, 2024
A. Watson & Associates Economists Ltd. re Water & Wastewater Rate Study #2
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT the presentation by Watson & Associates Economists Ltd., re Water and
Wastewater Rate Study #2 be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham approves
Scenario 5 for the Bayham and Richmond water systems;
AND THAT the Council of The Corporation of the Municipality of Bayham approves the
Municipality of Bayham Water & Wastewater Rate Study;
AND THAT staff be directed to bring forward a Municipal Water Supply System By-law
and a Municipal Pollution Control System/Storm Sewer System By-law, implementing the
Municipality of Bayham Water & Wastewater Rate Study, for Council consideration.
CARRIED
The Council Meeting recessed at 7:56 to host a Statutory Planning Meeting
at 8:00 pm.
The Council Meeting resumed at 8:04 pm.
6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held August 15, 2024
B. Statutory Planning Meeting held August 15, 2024
C. Special Meeting of Council held August 29, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the minutes from the Regular Meeting of Council held August 15, 2024 be approved
as amended;
AND THAT the minutes of the Statutory Planning Meeting held August 15, 2024 and the
minutes of the Special Meeting of Council held August 29, 2024 be approved as
presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
A. Councillor Emerson re Max Building Height
Council Minutes September 5, 2024
Moved by: Councillor Emerson
Seconded by: Councillor Froese
WHEREAS the Municipality of Bayham has enacted By-law No. Z456-2003 as its Zoning
By-law to regulate development uses, scale, and form in Bayham;
AND WHEREAS Section 10.5 of the Zoning By-law requires a Maximum Building Height
of 7.0 metres;
AND WHEREAS this Maximum Building Height has been established for fire protection
reasons;
AND WHEREAS Council has received and approved numerous applications for height
variances over the establishment 7.0-metre maximum;
THEREFORE BE IT RESOLVED THAT staff be directed to report to Council with further
information on the necessity to maintain a 7.0-metre maximum building height, any
additional explanation to substantiate the established height, and any opportunity to
amend this zoning provision.
CARRIED
B. Deputy Mayor Weisler re Municipally -Owned Lands for Residential Development Purposes
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
WHEREAS the Municipality has been servicing debt associated with the HMCS Ojibwa
since March 2015;
AND WHEREAS the existing ten-year term of the debt expires in March 2025;
AND WHEREAS Council has made a concerted effort over the last nine years to find
efficiencies in the size of the Municipality's non -core portfolio and contribute to the
Guarantorship Loan Transfer Reserve to extinguish the remaining debt in March 2025;
AND WHEREAS Council has continued this approach by deeming lands fronting onto Ann
Street in Vienna surplus for residential development;
AND WHEREAS the net proceeds of sale of the Ann Street Lands may be allocated in
whole or in part to extinguishing the remaining HMCS Ojibwa debt;
AND WHEREAS additional consideration of optimizing the Municipality's balance of non -
core lands versus developable lands may result in additional net proceeds and/or
additional residential development to support future capital and operating needs;
THEREFORE BE IT RESOLVED THAT staff be directed to review and present additional
options to Council regarding the potential surplus of Municipally -owned lands for
residential development purposes.
CARRIED
Council Minutes
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
12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Decision re Minor Variance Application A-12/24 Docheff
B. Notice of Decision re Minor Variance Application A-13/24 Craig
C. Notice of Passing re Zoning By-law Amendment ZBA-15/24 Bergen
D. Notice of Passing re Zoning By-law Amendment ZBA-18/24 Wiebe
September 5, 2024
E. Notice of Passing re Zoning By-law Amendment ZBA-19/24 Giesbrecht
F. Notice of Public Meeting re Proposed Minor Variance A-14/24 Driedger
G. Notice of Public Meeting re Propose Minor Variance A-15/24 Friesen
H. Notice of Public Meeting re Zoning By-law Amendment for the Removal of a Holding
Provision ZBA-23/24 11:28 Properties Inc.
I. Notice of Public Meeting re Zoning By-law Amendment ZBA-22/24 Froese
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT items 12.1.1 A — I be received for information.
CARRIED
12.1.2 Requiring Action
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Council Minutes
12.2 Reports to Council
September 5, 2024
A. Report DR-10/24 by Steve Adams, Manager of Public Works/Drainage Superintendent re
Petition for Drainage — Algar Farms Ltd.
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT Report DR-10/24 regarding the petition for drainage for Algar Farms Ltd. be
received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham acknowledges
the filing with the Clerk of the Petition for drainage works from Del Wakcarius, President of
Algar Farms Ltd;
AND THAT Council wishes to proceed with this matter and appoints Spriet
Associates Ltd., Engineers, to prepare a report on the proposed drainage area pursuant to
Section 5 and Section 8(1) of the Drainage Act, for Council's consideration.
CARRIED
B. Report DS-66/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-23/24 11:28 Properties Inc.
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report DS-66/24 regarding the 11:28 Properties 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
September 5, 2024 associated with this application, there were no written submissions and
no oral presentations 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 11:28 Properties Inc. identified as Concession 8 Part
Lot 22, and subject to Plan of Subdivision 34T-BY2201 from Holding Hamlet Residential
(HR(h2)) to Hamlet Residential (HR) Zone;
AND THAT Zoning By-law No. Z790-2024 be presented to Council for enactment.
CARRIED
C} Report DS-67/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-21/24 Municipality of Bayham
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
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Council Minutes
September 5, 2024
THAT Report DS-67/24 regarding the Municipality of Bayham Housekeeping Amendments
for Bill 23 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
August 15, 2024 associated with this application, there was one (1) written submission and
two (2) oral presentations 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;
AND THAT Zoning By-law No. Z789-2024 be presented to Council for enactment.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Township of Russell re Resolution to Support AMCTO Provincial Updates to the Municipal
Elections Act
B. Township of Terrace Bay re NOMA Resolution — Support for Ontario Immigrant Nominee
Program
C. Township of Terrace Bay re Ontario Long Service Medals
D. Whitewater Region re Mental Health and Addictions
E. City of Cambridge re Mental Health and Addictions Crisis
F. Township of Stirling-Rawdon re Public Sector Salary Disclosure
G. Western Ontario Wardens' Caucus, Eastern Ontario Wardens' Caucus and Eastern
Ontario Mayors' Caucus re Rural Municipal Leaders Support "Solve the Crisis" Campaign
to Address Homelessness and Mental Health
H. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Bayham Housing
Market Update for July 2024
Elgin County re August 13, 2024 County Council Highlights
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT items 13.1.1 A — I be received for information;
AND THAT Council for the Municipality of Bayham supports items D, E and G.
CARRIED
Council Minutes
13.1.2 Requiring Action
13.2 Reports to Council
September 5, 2024
A. Report CAO-35/24 by Thomas Thayer, CAO re Amendment to Site Plan Agreement Phil
Mauer and Associates/M.G. Leasing Inc. 56954 Eden Line — SPA-03/23
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report CAO-35/24 re Amendment to Site Plan Agreement — Phil Mauer and
Associates/M.G. Leasing Inc. — 56954 Eden Line, Eden (Application No. SPA-03/23) be
received for information.
CARRIED
B. Report CAO-36/24 by Thomas Thayer, CAO re Housing Enabling Water Systems Fund
(HEWSF) Application — Second Intake — Eden Pumping Station Expansion
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report CAO-36/24 re Housing Enabling Water Systems Fund (HEWSF) Application
— Second Intake — Eden Pumping Station Expansion be received for information;
AND THAT staff proceed with Capital Item WW-04 as outlined in the 2024-2033 Capital
Budget;
AND THAT the Council of The Corporation of the Municipality of Bayham is supportive of
an application to the second intake of the Housing Enabling Water Systems Fund
(HEWSF) for a second phase expansion of the Eden Pumping Station for an additional
100 dwelling units in Eden.
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14. BY-LAWS
A. By-law No. 2024-053 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Vandenberk Construction Inc.
for the rehabilitation of the Stewart Road Bridge
B, By-law No. 2024-054 Being a by-law to authorize the conveyance of part of the
road allowance known as Faye Street in the Village of Port Burwell, Municipality of
Bayham, in the County of Elgin, designated as Part 2 on Plan 11 R-11164
C. By-law No. Z789-2024 Being a by-law to amend By-law No. Z456-2003, as
amended — Housekeeping
D. By-law No. Z790-2024 Being a by-law to amend By-law No. Z456-2003, as
amended — 11:28 Properties Inc
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Council Minutes September 5, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT By-law Nos. 2024-053, 2024-054, Z789-2024 and Z790-2024 be read a first,
second, third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
Moved by: Councillor Froese
Seconded by: Councillor Emerson
THAT the Council do now rise to enter into an "In Camera" Session at 8:51 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 (Residential Lands)
B. 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 (Road Allowances)
CARRIED
16.2 Out of Camera
Moved by: Councillor Emerson
Seconded by: Councillor Froese
THAT the Council do now rise from the "In Camera" Session at 9:23 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 (Residential Lands) and 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 (Road Allowances)
CG1s1:1c11MID7
Moved by: Councillor Emerson
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 (Residential Lands);
Council Minutes
AND THAT staff proceed as directed
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
September 5, 2024
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 (Road Allowances);
AND THAT staff proceed as directed.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-055 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Confirming By-law No. 2024-055 be read a first, second and third time and finally
passed.
W&THOWD
18. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 9:25 p.m.
CARRIED _
MAYOR CLERK
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