The Corporation of the Municipality of

Chatham-Kent

Chatham-Kent Council Meeting

-
John D. Bradley Convention Centre
565 Richmond St, Chatham
Present:
  • Mayor Canniff, 
  • Councillor Allin, 
  • Councillor Anderson, 
  • Councillor Bondy, 
  • Councillor Ceccacci, 
  • Councillor Crew, 
  • Councillor Doyle, 
  • Councillor Finn, 
  • Councillor Hall, 
  • Councillor Harrigan, 
  • Councillor Jubenville, 
  • Councillor McGrail, 
  • Councillor B. McGregor, 
  • Councillor C. McGregor, 
  • Councillor Storey, 
  • Councillor Thompson, 
  • Councillor Wright, 
  • and Morena McDonald 

Councillor Crew, Closed Session Chair

That Council moved into a Closed Session Meeting of Council pursuant to Section 239 of the Municipal Act, 2001, as amended, for the following reasons:

  • Personal matters about identifiable individuals with regard to Library Board Appointment. Section 239(2)(b), Municipal Act, 2001.
  • Proposed disposition of land by the municipality with regard to Offer to Purchase - Part of Property Identification Number 00830 0040, Wheatley Road, Community of Tilbury. Section 239(2)(c), Municipal Act, 2001.
  • Potential litigation, advice that is subject to solicitor-client privilege and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on by the municipality with regard to Contract Performance Issues. Section 239(2)(e), (f) & (k), Municipal Act, 2001.
  • Personal matters about identifiable individuals with regard to Respectful Workplace Update. Section 239(2)(b), Municipal Act, 2001.

There was no supplementary agenda. 

The Clerk explained that Item 12(c) was being removed from the agenda.

  • MovedCouncillor Wright
    SecondedCouncillor Thompson

    "That

    1. Consent application File B-24/24 to sever a surplus dwelling (2759 Talbot Trail), three (3) outbuildings and two (2) steel bins, on a new 1.27 ha (3.16 ac.) lot, shown as Parts 1 & 2 on the applicant’s sketch, in Part of Lot 195, Concession Talbot Road Survey, in the Community of Romney, be approved, subject to the following conditions:
      1. that the Chatham-Kent Zoning By-law be amended to:
        1. rezone the residential surplus dwelling lot to a site-specific Agricultural-1173 (A1-1173) Zone that permits a surplus dwelling on a lot greater than 0.8 ha (1.98 ac.); and,
        2. rezone the retained parcel to a site-specific Agricultural-1 (A1-1) Zone to prohibit future dwellings,
      2. that the applicant pay $100 for the cost associated with the apportionment of assessment under the Drainage Act related to the subject lands;
      3. that the applicant demonstrate the septic system on the severed parcel is functioning in accordance with Municipal Protocol;
      4. that a hard copy and AutoCAD.dwg version of the final reference plan projected to the NAD 83/UTM Zone 17N coordinate system be submitted to the Municipality; and,
      5. that the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed (no photo copies). It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed for the issuance of the Certificate (stamping of deeds)."
    Yes (17)Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Morena McDonald
    Conflict (1)Councillor Storey
    Motion Carried (17 to 0)
  • MovedCouncillor Thompson
    SecondedCouncillor Doyle

    "That

    1. Consent application File B-25/24 to sever a surplus dwelling (19699 Erieau Road) and three (3) outbuildings, on a new 1.03 ha (2.54 ac.) lot, shown as Part 1 on the applicant’s sketch, attached as Appendix C, in Part of Lot 11, Concession 3, in the Community of Harwich, be approved, subject to the following conditions:
      1. that the Chatham-Kent Zoning By-law be amended to:
        1. rezone the residential surplus dwelling lot to a site-specific Agricultural-1173 (A1-1173) Zone that permits a surplus dwelling on a lot greater than 0.8 ha (1.98 ac.); and,
        2. rezone the retained parcel to a site-specific Agricultural-1720 (A1-1720) Zone to prohibit future dwellings and recognize the reduction in lot area from 20 ha (49.4 ac.) to 9.35 ha (23.11 ac.),
      2. that the applicant pay $100 for the cost associated with the apportionment of assessment under the Drainage Act related to the subject lands;
      3. that the severed and retained parcel be transferred to Neil Wammes Farms Ltd., as outlined in the Agreement of Purchase & Sale, dated January 16, 2024;

         

      4. that a new drain crossing over the Allison Drain be installed on the retained parcel, to the satisfaction of the Municipality;

         

      5. that the applicant demonstrate the septic system on the severed parcel is functioning in accordance with Municipal Protocol;
      6. that a hard copy and AutoCAD.dwg version of the final reference plan projected to the NAD 83/UTM Zone 17N coordinate system be submitted to the Municipality; and,
      7. that the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed (no photo copies). It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed for the issuance of the Certificate (stamping of deeds)."
    Yes (17)Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Morena McDonald
    Conflict (1)Councillor Storey
    Motion Carried (17 to 0)
  • MovedCouncillor B. McGregor
    SecondedCouncillor Bondy

    "That

    1. Zoning By-law Amendment application File D-14 C/18/24/D, concerning lands known as 861 & 863 Charing Cross Road, in Part of Lot 1, Concession 3, Western Boundary (Harwich), to amend Special Zone Provision No. 20, to permit all uses in the the UC(HC1) Zone, be approved, and the implementing by-law be adopted."
    Yes (18)Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    Motion Carried (18 to 0)

The Clerk noted that one deputation was received from Doug Dodman. Mr. Dodman was not able to attend the meeting but his comments were emailed to Council.

  • MovedCouncillor Bondy
    SecondedCouncillor Allin

    "That

    1. Zoning By-law Amendment Application File D-14 C/13/24/O, to rezone the lands known as 118 Sheldon Avenue, in Part of Lot 17, Plan 305, to a site-specific Residential High Density Second-1721 (RM2-1721) Zone, to recognize the existing single detached dwelling with two (2) Additional Dwelling Units as a permitted use, and to permit a Multiple Dwelling subject to the following regulations:
      1. maximum number of residential units – seven (7);
      2. minimum building setback from the northerly lot line – 1.22 m (4 ft.);
      3. minimum building setback from the southerly lot line – 2.44 m (8 ft.);
      4. minimum building setback from front lot line – 7.62 m (25 ft.);
      5. minimum building setback from rear lot line – 7.62 m (25 ft.);
      6. despite Section 4.19(j), Access to Parking, a minimum driveway width of 3.66 m (12 ft.) be permitted;

         

        be approved, and the implementing by-law be adopted."

         

    Yes (18)Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    Motion Carried (18 to 0)
  • MovedCouncillor Storey
    SecondedCouncillor Crew

    "That

    1. Council approve Zoning By-law Amendment application File D-14 C/02/24/O, to rezone the lands known as 430 Indian Creek Road West, Lot 6, Plan 476, from Residential Low Density First (RL1) to a site-specific Residential Medium Density First-1709 (RM1-1709) Zone, to permit medium density residential uses and to establish site-specific regulations for a Row House Dwelling use, be approved, and the implementing by-law be adopted."
    Yes (18)Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    Motion Carried (18 to 0)

Council received the following deputations for items on the current agenda

Read by person at the meeting:

Item – 17 (a) – Summary of Submissions to the Environmental Registry of Ontario regarding York1 Environmental Waste Solutions Ltd.’s proposed landfill and waste transfer and processing facility at 29831 Irish School Road.

  • Martha Fehr
  • Amanda Lackie
  • Angie Mills
  • Marie Carter
  • Michelle Ross
  • Mike Yankovitch
  • Robert Simpson
  • Wendy Vercauteren
  • Liz Kominek

Emailed only:

Item – 17 (a) – Summary of Submissions to the Environmental Registry of Ontario regarding York1 Environmental Waste Solutions Ltd.’s proposed landfill and waste transfer and processing facility at 29831 Irish School Road.

  • Billy Maguire
  • Jim Coutts
  • Kait Morrison

Item 18 (a) -Council Flag and Bridge Lighting Policies

  • Jane Wright

The following items were placed aside for discussion and voting:

  • 17(a) - Summary of Submissions to the Environmental Registry of Ontario regarding York1 Environmental Waste Solutions Ltd.’s proposal
  • 18(a) - Council Flag and Bridge Lighting Policies
  • 18(b) - Urban Backyard Chicken Options
  • 18(d) - Motion by Councillor Jubenville re Chatham-Kent Ward Boundary Review
  • 19(a) - RideCK Former Route S1 (Beach Bus)
  • 19(b) - Update on Linear Infrastructure Capital Construction Projects for 2024
  • MovedCouncillor C. McGregor
    SecondedCouncillor Jubenville

    “That the following items be approved as presented: 15(a), 16(a), 16(b), 16(c), 16(d), 17(b), 17(c), 17(d), 17(e), 17(f), 18(c).”

    Yes (18)Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    Motion Carried (18 to 0)
  • MovedCouncillor Crew
    SecondedCouncillor Hall

    "That:

    1. The Chatham-Kent Council Flag Policy (Appendix A) be approved with the amendment to remove, in its entirety, the concept of one community flag pole. Flags will be flown on the same pole as the municipal flag in adherence with the amended policy.
    2. The Chatham-Kent Bridge Lighting Display Policy (Appendix D) be approved."
    Yes (13)Mayor Canniff, Councillor Ceccacci, Councillor Crew, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Storey, and Morena McDonald
    No (5)Councillor Bondy, Councillor Finn, Councillor Anderson, Councillor Doyle, and Councillor Jubenville
    Motion Carried (13 to 5)
  • MovedCouncillor Doyle

    "That Council approve Option # 2 (pilot project) for Rural and Village Residential."

    Yes (11)Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Hall, Councillor Harrigan, Councillor B. McGregor, Councillor Thompson, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Morena McDonald
    No (6)Mayor Canniff, Councillor Finn, Councillor C. McGregor, Councillor Wright, Councillor Allin, and Councillor Storey
    Conflict (1)Councillor McGrail
    Motion Carried (11 to 6)
  • MovedCouncillor Doyle
    SecondedCouncillor Jubenville

    "That the pilot project include residential properties over 1 acre." 

    Yes (8)Councillor Bondy, Councillor Crew, Councillor Harrigan, Councillor B. McGregor, Councillor Anderson, Councillor Doyle, Councillor Jubenville, and Morena McDonald
    No (9)Mayor Canniff, Councillor Ceccacci, Councillor Finn, Councillor Hall, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, and Councillor Storey
    Conflict (1)Councillor McGrail
    Defeated (8 to 9)
  • MovedCouncillor Doyle
    SecondedCouncillor Jubenville

    That administration draft a by-law that may include, but not limited to:

    1. Chickens must stay on your own property. If you do not have a fence around your property, you must keep them in a chicken coop.
    2. No roosters.
    3. Require a minimum set back from your property lines, or from neighbouring homes buildings. Distance the coop need to be located from the property lines depending on the size of the yard;
    4. Feed must be stored in a rodent proof container.
    5. Only a one time application and fee. The fee helps cover some of the costs. Before someone is allowed to have chickens, they would apply with the application, if their property is approved for one (based on the criteria we use), they are then able to set up their coop. Before they are able to have chickens, a by-law officer goes to inspect the yard and coop. If it passes inspection, they are good to get the chickens. After that, the only time we would visit the property again is if there is a by-law complaint about the property.
    6. A limit on number chickens (that might depend on lot size) or how the property is zoned.
    7. Demerit points."
    Yes (13)Councillor Bondy, Councillor Crew, Councillor Hall, Councillor Harrigan, Councillor B. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    No (4)Mayor Canniff, Councillor Ceccacci, Councillor Finn, and Councillor C. McGregor
    Conflict (1)Councillor McGrail
    Motion Carried (13 to 4)

The Clerk explained that this motion is a reconsideration the previous decision of Council on RFP R24-211 Council Composition and Ward Boundary Review. Councillor Jubenville cannot bring this motion forward as she did not vote on the prevailing side on that motion. 

  • MovedCouncillor Ceccacci
    SecondedCouncillor Doyle

    “That council to direct administration to proceed with Option three funded  as an operational  variance and (implement the Beach Bus 1 day per month for 3 months for a one-year period).

    Staff  to include the summary use of this transit service in a future report or as part of mollify  Master Plan, to inform future decisions regarding transit service levels and routes.

    And that if the user-ship is low and the continuation is  still not cost effective or feasible that staff proceed to terminate  the service based low ridership and include a simple information report to council.”

    Yes (18)Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Thompson, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    Motion Carried (18 to 0)

Councillor Ceccacci presented a notice of motion regarding Support of Primary Health Care Access Points. This motion will be added to the June 10, 2024 Council Agenda for discussion and voting.

Councillor Crew noted that she had a motion that she wanted voted on at this meeting regarding the Ward Boundary Review. The Clerk explained that this would require a motion to waive notice and a motion to reconsider. Both motions would required a 2/3 vote.

  • MovedCouncillor Crew
    SecondedCouncillor C. McGregor

    “That Council waive the notice requirement to allow a motion by Councillor Crew to be voted on at this meeting.”

    Yes (17)Mayor Canniff, Councillor Bondy, Councillor Ceccacci, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor McGrail, Councillor B. McGregor, Councillor C. McGregor, Councillor Wright, Councillor Allin, Councillor Anderson, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    No (1)Councillor Thompson
    Motion Carried (17 to 1)
  • MovedCouncillor Crew
    SecondedCouncillor C. McGregor

    “That Council reconsider the previous decision on RFP R24-211 Council Composition and Ward Boundary Review.”

    Yes (14)Mayor Canniff, Councillor Bondy, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor B. McGregor, Councillor C. McGregor, Councillor Wright, Councillor Anderson, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    No (4)Councillor Ceccacci, Councillor McGrail, Councillor Thompson, and Councillor Allin
    Motion Carried (14 to 4)
  • MovedCouncillor Crew
    SecondedCouncillor C. McGregor

    “That Council direct the contract for RFP R24-211 Council Composition and Ward Boundary Review be awarded to Strategy Corp in the amount of $68,251.50 (including HST) and funded from the Strategic Development Reserve (Account #17266).”

    And that this includes recommendations for Composition of Council that will best serve the Ward Boundary recommendations presented in the report for Councils consideration.

    That administration prepare a report once every term of Council within the first year with the information on how ward boundaries might change if they are based on population by ward, and what those populations would be.”

    Yes (14)Mayor Canniff, Councillor Bondy, Councillor Crew, Councillor Finn, Councillor Hall, Councillor Harrigan, Councillor B. McGregor, Councillor C. McGregor, Councillor Wright, Councillor Allin, Councillor Doyle, Councillor Jubenville, Councillor Storey, and Morena McDonald
    No (4)Councillor Ceccacci, Councillor McGrail, Councillor Thompson, and Councillor Anderson
    Motion Carried (14 to 4)

There was no closed session report.

Councillor Ceccacci referenced Item 3(a) - Update on Ridge Landfill Community Trust Project in South Kent. He noted that the Lower Thames Valley Conservation Authority, in partnership with Ridge Landfill Community Trust, has been able to restore 190.91 acres of wetland, tall grass prairie and trees. This included the planning of 48,951 trees to enhance air quality, reduce erosion and create wildlife habitat. He requested that this information be shared with the Ministry of Environment, Conservation and Parks to show them the habitat restoration happening in South Kent and how that may affect decisions with the Blenheim Business Park and species at risk. The General Manager of Development Services noted that administration will share this information.

  • "That the Council Information Package be received for information."

    Motion Carried

Councillor Storey questioned when the next report on the former Sears building will be coming back to Council and what that report will contain. The General Manager of Infrastructure and Engineering Services explained that the project is currently in the concept design phase. There is still stakeholder engagement and public consultation that will be conducted during the summer. It is anticipated that the next report will come to Council in the fall with a floor plan and cost estimates. If Council approves the concept, the project will move on to the detailed design phase.

 

Councillor Storey noted that May 26st to June 1st National Accessibility Week. She thanked the Accessibility Advisory Committee for their dedication to the work that they do.

 

Councillor Anderson explained that the Great Lakes St. Lawrence Cities Initiative is a bi-national committee of Mayors from Canada and the USA that advocate and provide pressure for funding from upper levels of government to protect, preserve, strengthen, and enhance the St. Lawrence and Great Lakes water basin. She had the opportunity to proxy for Mayor Canniff as a member on this committee. She provided a summary from a recent meeting she attended.

 

Councillor Doyle sought clarification on how residents put in complaints for long grass and weeds. The General Manager of Infrastructure and Engineering Services noted that complaints can be put through to 311 and a By-law Enforcement Officer will review the complaint.

 

Councillor Doyle questioned how any future vacancies on Council would be handled since Council has set the precedent of appointing the next runner up. The Clerk explained that each situation is unique and should another vacancy occur administration will review the options and bring it to Council for a decision.

 

Councillor McDonald thanked former Councillor Steve Pinsonneault for his years of services to the residents of Ward 3 and Chatham-Kent as a whole and congratulated him on being elected at the Member of Provincial Parliament for Lambton-Kent Middlesex.

 

Councillor McGrail invited everyone to the grand opening of the Dresden Dog Park.

 

Councillor Wright congratulated Councillor McDonald for being appointed as a Ward 3 Councillor.

  • MovedCouncillor McGrail
    SecondedCouncillor Ceccacci

    "That the by-laws be taken as read for a fist time."

    Motion Carried
  • MovedCouncillor McGrail
    SecondedCouncillor Ceccacci

    "That the by-laws be taken as read for a second time."

    Motion Carried
  1. By-law to Amend Zoning By-law 216-2009 of the Municipality of Chatham-Kent (1000042787 Ontario Limited) CityView # PL202400053
  2. By-law to Amend Zoning By-law 216-2009 of the Municipality of Chatham-Kent (Olive Mary Cross) CityView # PL202400058
  3. By-law to Amend Zoning By-law 216-2009 of the Municipality of Chatham-Kent (Murray Malott) CityView # PL202400043
  4. By-law to Amend Zoning By-law 216-2009 of the Municipality of Chatham-Kent (Tom Dalios) CityView # PL202400062
  5. By-law to Amend Zoning By-law 216-2009 of the Municipality of Chatham-Kent (1000126008 Ontario Incorporated) CityView # PL202400047
  6. By-law to Amend Zoning By-law 216-2009 of the Municipality of Chatham-Kent (1268236 Ontario Inc.) CityView # PL202400014
  7. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Fourth Concession Pumping Works, Community of Dover – Third and Final Reading
  8. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Traxler Drain, Community of Camden Gord – Third and Final Reading
  9. By-law to provide for drainage work in the Municipality of Chatham-Kent for the Robert Wands Drain – Ducharme Access Culvert (4604 Badder Line), Community of Tilbury East – Third and Final Reading
  10. By-Law to Amend By-law # 24-2024, to Provide Appointment of By-Law Enforcement Officers for the Corporation of the Municipality of Chatham-Kent
  11. By-law to provide for the appointment of a person in the office of a Member of Council representing Ward 3
  12. By-law to confirm proceedings of the Council of The Corporation of the Municipality of Chatham-Kent at its meeting held on the 27th day of May, 2024
  • MovedCouncillor Harrigan
    SecondedCouncillor Wright

    "That the by-laws be taken as read for a third time and finally passed."

    Motion Carried

The meeting adjourned at 9:37 p.m.

  • MovedCouncillor Crew
    SecondedMorena McDonald

    "That Chatham-Kent Council adjourn to its next Meeting to be held on Monday, June 10, 2024 and that Chatham-Kent Council authorize itself to meet in closed session on that day to discuss any matters permitted by The Municipal Act."

    Motion Carried
No Item Selected