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HomeMy WebLinkAboutJune 19, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, June 19, 2025 7:00 p.m. 8:00 p.m. Grewal Drain Public Meeting The June 19, 2025 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DANFROESE ABSENT: SUSAN CHILCOTT STAFF PRESENT CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS FIRE CHIEF HARRY BARANIK 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:02 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Emerson declared a pecuniary interest to item 12.2 D as he is the applicant. Later in the meeting Councillor Emerson also excused himself from item 14. D. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 13.1.2 A Warden Grant Jones, County of Elgin & Mayor Joe Preston, City of St. Thomas re Community Safety and Well -Being Review and Update Removal of item 12.2 A Report DS-19/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Supplementary Staff Report — Residential Maximum Building Height Regulations 4. ANNOUNCEMENTS Mayor Ketchabaw noted he attended the Elgin -Middlesex Regional Fire School graduation on June 18, 2025 where 3 of Bayham's recruits graduated. Council congratulated the new recruits. Council Minutes June 19, 2025 5. PRESENTATIONS 6. DELEGATIONS A. Barry Wade re Residential Building Height Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the delegation from Barry Wade re Residential Building Height be received for information. CARRIED The Council Meeting recessed at 7:15 pm to address a technical issue. The Council Meeting resumed at 7:20 pm. 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held June 5, 2025 B. Statutory Planning Meeting held June 5, 2025 Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT the minutes from the Regular Meeting of Council held June 5, 2025 and the minutes from the Statutory Planning Meeting held June 5, 2025 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 Council Minutes 11.2 Reports to Council June 19, 2025 A. Report PS-07/25 by Ed Roloson, Manager of Capital Projects / Water/Wastewater re Wastewater Treatment Plant Capacity Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report PS-07/25 re: Wastewater Treatment Plant Capacity be received for information. CARRIED 12. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing re Zoning By-law Amendment ZBA-02/25 Van Ittersum Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT item 12.1.1 A be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-19/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Supplementary Staff Report — Residential Maximum Building Height Regulations This item was removed and not considered B. Report DS-28/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E24-25 Heritage Grown Inc. 57238 Light Line Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-28/25 regarding the Consent Application E24-25 Heritage Grown Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E24-25 proposing to create a residential lot for the existing dwelling surplus to the needs of the farm operation be granted subject to the following conditions and considerations: 1. That the Owner obtains approval of a Zoning By-law Amendment for the proposed severed parcel from an Agricultural (Al -A) zone to a Site -Specific Rural Residential (RR-XX) Zone to permit a Minimum Lot Area of 0.26 ha, a Minimum Lot Frontage of 34.5 m, and a Minimum Rear Yard Depth as measured to the covered attached porch, Council Minutes June 19, 2025 the exact distance of which will need to be provided. That the Owner obtains approval of a Zoning By-law Amendment for the proposed retained lands from an Agricultural (Al -A) zone to a Site -Specific Special Agricultural (A2-XX) Zone to prohibit new dwellings and to permit a Minimum Side Yard Width of 7.7 metres. �n. That the Owner removes the southwesterly greenhouse in its entirety from the proposed retained lands. That the Owner demonstrates legal access to the retained lands either through a registered easement over the driveway on the severed lands or through an access permit from the Municipality for a new driveway access to the retained lands 5. That the Owner provides copy of a registered easement for the overhead utilities crossing the severed lands to service the structures on the retained lands. 6. That the Owner disconnects the barn from the existing well and installs an independent well on the proposed retained lands to service the barn with written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. i That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon the conditional granting of the consent. 8 That the Owner provides a digital copy of a survey of the subject lands. 9 That the Owner purchase a civic number sign for the retained lands. CARRIED C. Report DS-29/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-15/25 Neufeld, 56132 Howey Line Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT Report DS-29/25 regarding the Neufeld rezoning application ZBA-15/25 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 5, 2025 associated with this application, there were no public oral presentations and no public written submissions 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 lands located in South Part Lot 20 Concession 8, municipally identified as 56132 Howey Line, from Estate Residential (ER) Zone to Site -specific Estate Residential (ER-15)Zone to permit the construction of a second accessory building for personal storage which requires provisions: • to permit a Maximum Cumulative Floor Area for Accessory Buildings of 210m2; where a Maximum of 95m2 or 8 percent Lot Coverage (whichever is lesser) is required under Section 8.10.2, and; • to permit a Minimum Lot Area of 0.27 ha; whereas 0.4 ha is required under Section 8.3 Council Minutes June 19, 2025 AND THAT Zoning By-law No. Z809-2025 be presented to Council for enactment. CARRIED D. Report DS-30/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re OPA No. 39 and Zoning By-law Amendment ZBA-27/24 1498855 Ontario Inc. 92 Edison Drive Councillor Emerson left the table at 7:45 pm. Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Staff Report DS-30/25 regarding the Official Plan Amendment No. 39 and Zoning By- law No. Z807-2025 for 1498855 Ontario Inc. be received for information; AND THAT that no further public meeting is required per Section 34(17) of the Planning Act; AND THAT the zoning be changed on the south-western portion of the subject property from the current 'Holding Village Residential 1 (R1 (h2))'Zone to a 'Site -Specific Tourist Commercial (C3-2)' Zone, limiting the proposed use to a Maximum Floor Area of 450.0 m2 (4,843.76 ft2) in order to permit the proposed Micro Distillery use with an ancillary Interpretation and Information Centre on private services; AND THAT Zoning By-law No. Z811-2025 be presented for enactment. CARRIED Councillor Emerson returned to the table at 8:00 pm. The Council Meeting recessed to hold a Public Drainage Meeting at 8:00 pm. The Council Meeting resumed at 8:07 pm. The Council Meeting recessed for a break at 8:07 pm. The Council Meeting resumed at 8:18 pm. 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Township of Georgian Bay re Floating Accommodations — Position Paper B. County of Elgin re Elgin County Economic Development Update Moved by: Councillor Froese Seconded by: Councillor Emerson THAT items 13.1.1 A & B be received for information. CARRIED 13.1.2 Requiring Action S Council Minutes June 19, 2025 A. Warden Grant Jones, County of Elgin & Mayor Joe Preston, City of St. Thomas re Community Safety and Well -Being Review and Update Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT the correspondence from Warden Grant Jones, County of Elgin & mayor Joe Preston, City of St. Thomas re Community Safety and Well -Being Review and Update be received for information; AND THAT the Council of the Municipality of Bayham hereby endorses the Aylmer -Elgin -St. Thomas Community Safety and Well -Being Plan update; AND THAT a copy of the Aylmer -Elgin -St. Thomas Community Safety and Well -Being Plan and the 2025 update be posted on the Municipality of Bayham website. CARRIED 13.2 Reports to Council A. Report CL-04/25 by Meagan Elliott, Clerk re 2025 Municipal Assistance Requests — Second Intake Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CL-04/25 re 2025 Municipal Assistance Requests — Second Intake be received for information; AND THAT the facility and road closure request for the Port Burwell Legion 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 material requests be approved with a deposit of $10/per item to be provided to the Municipality prior to the event; AND THAT staff be directed to conduct lawn and facility maintenance as necessary prior to the event; 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 CARRIED !.4 Council Minutes June 19, 2025 B. Report CAO-29/25 by Thomas Thayer, CAO re Site Plan and Development Agreement Patieo Group Inc. C/O Erica Patenaude — 32 Robinson Street, SPA-03/25 Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report CAO-29/25 re Site Plan and Development Agreement — Patieo Group Inc. c/o Erica Patenaude — 32 Robinson Street, Port Burwell (Application No. SPA-03/25) be received for information. CARRIED C. Report CAO-30/25 by Thomas Thayer, CAO re 2026 Garbage Bag Tag Program Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT Report CAO-30/25 re 2026 Garbage Bag Tag Program be received for information; AND THAT the bag tag program moves towards non -expiring tags with allowing 2025 tags to be used in 2026; AND THAT the free bag tag packages continue as currently administered; AND THAT the price of bag tags be increased to $2.50 per tag; AND THAT the approved changes come into effect on January 1, 2026. CARRIED 14. BY-LAWS A. By-law No. 2025-045 Being a by-law to amend By-law No. 2024-050 being a by-law to appoint municipal officers and employees for the Municipality of Bayham B. By-law No. 2025-046 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Grewal Drain C. By-law No. Z809-2025 Being a by-law to amend By-law No. Z456-2003, as amended — Neufeld D. By-law No. Z811-2025 Being a by-law to amend By-law No. Z456-2003, as amended — 1498855 Ontario Inc. (Emerson) Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT By-law No. 2025-046 be read a first and second time; Council Minutes June 19, 2025 AND THAT By-law Nos. 2025-045 and Z809-2025 be read a first, second and third time and finally passed. CARRIED Councillor Emerson left the table at 9:06 pm. Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT By-law No. Z811-2025 be read a first, second and third time and finally passed. Councillor Emerson returned to the table at 9:06 pm. 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an "In Camera" Session at 9:06 p.m. to discuss: A. Confidential Item re Personal matters about an identifiable individual (Administration) B. Confidential Item re Personal matters about an identifiable individual (Advisory Committees) 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 10:40 p.m. and report on Confidential Item re Personal matters about an identifiable individual (Administration) and Confidential Item re Personal matters about an identifiable individual (Advisory Committees). CARRIED Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler .a Council Minutes June 19, 2025 THAT Confidential Item re Personal matters about an identifiable individual (Administration) be received for information. CARRIED Moved by: Deputy Mayor Weisler 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 Serge Pieters to the Waterfront Advisory Committee be rescinded; AND THAT staff be directed to advertise a call for applications to consider applicants for the vacant Waterfront Advisory Committee position. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-047 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT Confirming By-law No. 2025-047 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 10:42 p.m. CARRIED 'MA R CLERK 01