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HomeMy WebLinkAboutJuly 17, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers — HYBRID Thursday, July 17, 2025 7:00 p.m. 7:30 p.m. Statutory Planning Meeting — 4 Applications 8:00 p.m. Grewal Drain Court of Revision The July 17, 2025 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 MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT CHIEF BUILDING OFFICIAL FIRE CHIEF 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 pm. ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL LORNE JAMES STEVE ADAMS SCOTT SUTHERLAND HARRY BARANIK 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Froese declared a pecuniary interest to item 12.2 E as he is the applicant. Councillor Emerson declared a pecuniary interest to item 13.1.2 A as he is the requester. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 6. A Susanne Schlotzhauer re Residential Building Height (document added) 13.2 A Report TR-16/25 by Lorne James, Treasurer re 2025 Q2 Variance Report 4. ANNOUNCEMENTS Councillor Chilcott reminded residents of the upcoming Car Show and Poker Run at the Vienna Memorial Park on Saturday, July 19, 2025. Councillor Chilcott also noted another upcoming speaker at the Edison, Vienna & Area Museum on Saturday, July 26, 2025. Council Minutes July 17, 2025 CAO Thomas Thayer reminded residents that the municipal office will be closed Monday, August 4, 2025 for the Civic Holiday. 5. PRESENTATIONS A. Nathan Maclntyre re Understanding Rip Currents Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the presentation by Nathan Maclntyre re Understanding Rip Currents be received for information. CARRIED 6. DELEGATIONS A. Susanne Schlotzhauer re Residential Building Height Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the delegation by Susanne Schlotzhauer re Residential Building Height be received for information. CARRIED The Council Meeting recessed at 7:29 pm to hold a Statutory Planning Meeting and a Court of Revision Meeting. The Council Meeting resumed at 8:14 pm with a break until 8:23 pm. 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Development Charges Public Meeting held June 19, 2025 B. Regular Meeting of Council held June 19, 2025 C. Public Drainage Meeting held June 19, 2025 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Development Charges Public Meeting held June 19, 2025, the minutes of the Regular Meeting of Council held June 19, 2025 and the minutes of the Public Drainage Meeting held June 19, 2025 be approved as presented. CARRIED N Council Minutes July 17, 2025 8. MOTIONS AND NOTICE OF MOTION A. Councillor Emerson re Harassment Moved by: Councillor Emerson Seconded by: Councillor Chilcott WHEREAS public sector employees and representatives serve the community with professionalism, dedication and accountability, performing essential duties in accordance with established laws, polices and standards; AND WHEREAS the nature of public sector duties places employees and representatives in regular interaction with members of the public, often involving sensitive matters; AND WHEREAS all member of the public have a right to freedom of expression, including the right to express opinions and concerns about public services, decisions and individual experiences; AND WHEREAS this right is fundamental in a democratic society but it must be exercised in a manner that respects the rights, safety and dignity of others; AND WHEREAS harassment, intimidation or targeted personal attacks against public employees or representatives whether in person, in writing or through social media constitutes unacceptable behaviour that goes beyond the bounds of free expression; NOW THEREFORE BE IT RESOLVED: 1. THAT the Municipality of Bayham Council affirms the right of every individual to share feedback, opinions and concerns regarding government services in a constructive and respectful manner; 2. THAT Council acknowledges that public sector employees and representatives are entitled to a safe, respectful and harassment -free work environment and condemns all forms of harassment and/or abuse; 3. THAT staff be directed to engage legal counsel to investigate options for how to enhance harassment and/or abuse protections and provisions in municipal policy; 4. AND THAT this resolution be circulated to the other Elgin County municipalities. CARRIED 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 Council Minutes 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 July 17, 2025 A. Notice of Passing re Zoning By-law Amendment ZBA-27/24 1498855 Ontario Inc. (Emerson) B. Notice of Passing re Zoning By-law Amendment ZBA-15/25 Neufeld C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-14/25 Countryside Communities Inc. D. Notice of Public Meeting re Proposed Amending By-law to Remove Holding Symbol ZBA- 16/25 Nezezon & Howlett E. Notice of Public Meeting re Proposed Official Plan Amendment OPA-01/25 and Proposed Zoning By-law Amendment ZBA-17/25 Dujardin F. Notice of Public Meeting re Proposed Official Plan Amendment OPA-02/25 and Proposed Zoning By-law Amendment ZBA-18/25 Vyn Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 12.1.1 A — F be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-08/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2025 2nd Quarter Drainage Report Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DR-08/25 re 2025 2nd Quarter Drainage Report be received for information. CARRIED B. Report DS-19/25 (revised) by Margaret Underhill, Planning Coordinator/Deputy Clerk & Harry Baranik, Fire Chief re Supplementary Staff Report — Residential Maximum Building Height Regulations Council Minutes July 17, 2025 Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report DS-19/25 regarding Residential Maximum Building Height Regulations be received for information; AND THAT Council amend Zoning By-law No. Z456-2003 Sections 10.5 and 11.6, Maximum Building Height regulations to increase the height to 8 meters. CARRIED C. Report DS-31/25 by Scott Sutherland, Chief Building Official re 2025 2nd Quarter Building Report Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Staff Report DS-31/25 re 2nd Quarter Report be received for information. CARRIED D. Report DS-32/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E45-25 2757886 Ontario Inc. (Neil Hiebert) 9407 Elgin Street Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-32/25 regarding the Consent Application E45-25 submitted by 2757886 Ontario Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E45-25 proposing to create a residential lot be granted subject to the following conditions and considerations: 1. That the Owner obtains approval from the Municipality of Bayham for the installation of a new private well on the proposed Retained and Severed Lots 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. z. That the Owner obtains a permit from the Municipality of Bayham for the installation of a new municipal sanitary service connection to the proposed Retained and Severed Lots; 3. 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; 4. That the Owner provides an engineered 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. - That the Owner initiates and assumes, if required, all engineering costs associated with the preparation of a revised assessment schedule for Straffordville Drain No. 8 in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid Council Minutes July 17, 2025 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 provides a digital copy of a survey of the subject lands. 7 That the Owner applies and pays all fees to the Municipality with respect to Civic Addressing/signage for the severed lot. 8. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon the granting of the consent. �:: e Councillor Froese left the table at 9:15 pm E_ Report DS-33/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E43-25 Dan Froese Farms, Plank Road Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report DS-33/25 regarding the Consent Application E43-25 submitted by Dan Froese Farms Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E43-25 proposing to create a residential parcel within the Straffordville settlement boundary be granted subject to the following conditions and considerations: 1. That the Owner applies for a Minor Variance for the retained lands to address the minimum Lot Area requirement deficiency resulting from this severance. 2. That the Owner provides a digital copy of a survey of the subject lands. 3. That the Owner provides a Planning Report Fee payable to the Municipality of Bayham upon the granting of the consent. 4. That the Owner applies and pays all fees to the Municipality with respect to Civic Addressing/signage for both the severed and retained parcels. CARRIED Councillor Froese returned to the table at 9:18 pm F. Report DS-34/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-15/25 Nezezon Howlett Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report DS-34/25 regarding the Nezezon Howlett 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 July 17, 2025 associated with this application, there were no written submissions and no oral presentations b Council Minutes July 17, 2025 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 portion of the lands owned by John Nezezon and Danielle Howlett identified as Parts 2, 3, 4, 5 of Registered Plan 11 R-11177, and subject to Consent Applications E46-23, E47-23, E48-23 and E49-23 from Holding Village Residential 1 (R1(h1/h4)) Zone to Village Residential 1 (R1) Zone; AND THAT Zoning By-law No. Z810-2025 be presented to Council for enactment. WITATUNW91 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. The Honourable Robert Black re Soil Health in Canada B. City of Guelph re Special Economic Zones Act, 2025 C. Long Point Region Conservation Authority re June 4, 2025 Meeting Minutes D. Long Point Region Conservation Authority re June 4, 2025 Hearing Meeting Minutes E. Elgin OPP Detachment Board re 2024 Annual Report F. Elgin County re Joint Annual Accessibility Status Report 2023/2024 G. Municipality of Bayham re 2025 Museum Summer Programs Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A — G be received for information. CARRIED Councillor Emerson left the table at 9:29 pm 13.1.2 Requiring Action A. Tim Emerson re AGCO Endorsement Request Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT upon confirmation of all applicable planning and/or municipal approvals, the Council of The Corporation of the Municipality of Bayham has no objection to 1498855 7 Council Minutes July 17, 2025 Ontario Inc. applying to the Alcohol and Gaming Commission of Ontario for a Manufacturer's Limited Liquor Sales licence (also known as a "By the Glass" licence) for a tasting room/retail store located at 92 Edison Drive, Vienna. CARRIED Councillor Emerson returned to the table at 9:31 pm 13.2 Reports to Council A. Report TR-16/25 by Lorne James, Treasurer re 2025 Q2 Variance Report Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report TR-16/25 re 2025 Q2 Variance Report be received for information; AND THAT the current cash on -hand from matured investments be left in the current operating account; AND THAT staff be directed to report back in Q3 on recommended investment strategies. CARRIED 14. BY-LAWS A. 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 B. By-law No. 2025-048 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and the Corporation of the County of Elgin for transitioning IT services C. By-law No. Z810-2025 Being a by-law to amend By-law No. Z456-2003 — Nezezon Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT By-law No 2025-046 be read a third time and finally passed; AND THAT By-law Nos. 2025-048 and Z810-2025 be read a first, second and third time and finally passed. ley —Al VCNII107 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera :8 Council Minutes Moved by: Councillor Emerson Seconded by: Councillor Froese July 17, 2025 THAT the Council do now rise to enter into an "In Camera" Session at 9:44 p.m. to discuss: A. Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; 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 of Local Board (Municipal Property) B. Personal matters about an identifiable individual; Labour relations, employee negotiations (Human Resources) CARRIED 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 10:52 and report on Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; 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 (Municipal Property) and Personal matters about an identifiable individual; Labour relations, employee negotiations (Human Resources). CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confidential Item re Advice that is subject to solicitor -client privilege, including communications necessary for that purpose; 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 (Municipal Property) be received for information. AND THAT staff proceed as directed. CARRIED Moved by: Councillor Emerson Seconded by: Councillor Chilcott 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. CARRIED M Council Minutes July 17, 2025 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-049 Being a by-law to confirm all actions of Council Moved by'. Councillor Emerson Seconded by: Councillor Froese THAT Confirming By-law No. 2025-049 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 10:54 p.m. CARRIED MAYOR 4CLER 10