HomeMy WebLinkAboutAugust 15, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
August 15, 2013
Regular Council Public Meeting
7:00 p.m.
7:30 p.m. & 7:40 p.m.—Public Meetings—Planning (Zoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
August 15, 2013 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Cliff
Evanitski, Councillors Wayne Casier, Tom Southwick, and Ed Ketchabaw and Clerk Lynda
Millard.
Planning Co-ordinator/Deputy Clerk Margaret Underhill was in attendance to present her
reports.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
None.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held August 1, 2013.
2013-348
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the minutes of the regular meeting held August 1,2013 be approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. - Roselyne Chues regarding "Requested Amendment to Open Air Burn
Permit".
File: C13
Ms. Chues noted that she is a cancer survivor and raised concerns regarding smoldering
smoke created by the constant burning of wood waste on a neighbouring commercial
zoned property. She reported that an OPP officer suggested that the Municipality of
Bayham burn by-law would require amendments to setbacks in order for them to lay
charges. She suggested the owner be required to use a waste disposal bin or that the
setback distances from residential properties be increased.
Page 1 of 8
Council Minutes August 15, 2013
Deputy Mayor Evanitski commented that her request was not unreasonable and suggested
that stiffer restrictions be placed on residential property owners who may be burning
commercially generated waste.
It was agreed that the matter be referred to staff to investigate the impacts of burning
commercial waste on neighbouring residents and report back to Council with
recommendations.
2. STATEMENTS BY COUNCIL
Mayor Ens noted that he, Deputy Mayor Evanitski and Treasurer David Aristone met with
Jeff Yurek, MPP earlier in the day to discuss options on how best to support the success of
the Ojibwa Project.
The project, which is of provincial and national interest and of cultural and historic
significance, has created local jobs, increased tourism and encouraged other business
ventures.
Areas of potential support discussed included various federal and provincial grant
opportunities, promotion and marketing and assumption of loan guarantor responsibility.
It was also noted that a similar meeting is being arranged with local MP Joe Preston.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System - There was no update.
(b) Harbour Divestiture- There was no update.
5. INFORMATION ITEMS
(a) Long Point Region Conservation Authority minutes of meeting held June 5, 2013.
File: A16
(b) Correspondence dated August 1, 2013 from Ministry of Agriculture and Food
regarding "Township of Wainfleet's resolution regarding proposed wind turbines".
File: A16
(c) Joint Statement from the Elgin Area Water Supply System, the Middlesex-London
Health Unit and Elgin-St. Thomas Public Health regarding "Sodium in Drinking
Water.
File: A16
(d) Tillsonburg&District Multi Service Centre(MSC) E-Letter dated August, 2013.
File: M07
(e) Correspondence dated July 30, 2013 from Ontario Provincial Police regarding "Elgin
County OPP - Changes to Paid Duty Policy".
File: P17
Councillor Southwick questioned whether any Municipal by-laws are affected by the
change in OPP policy regarding Special Occasion Permits.
Page 2 of 8
Council Minutes August 15, 2013
Staff was requested to check into this and report back to Council.
(0 South West Community Care Access Centre 2012 - 2013 Report to the Community.
File: S08
(g) Elgin County e-Blast newsletter dated August 2013.
File: M07
(h) Correspondence dated June 26, 2013 and August 12, 2013 from Ministry of Natural
Resources to Mr. John Walker regarding "Approved Minor Site Plan Amendment
under the Aggregate Resources Act".
File: DO5Walk10
2013-349
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT information items 5(a) through 5(h) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report C2013-05 regarding Current Economic Development Initiatives.
File: D02
Concerns were raised whether Elgin County will participate in initiatives with SCOR,
who continues to be involved in Economic Development programs in Bayham.
It was noted that the Sand Plains program, a significant backer of the Ojibwa project, is
separate from SCOR. When monies, distributed through the Elgin Business Development
Centre are repaid, they are re-distributed to new initiatives throughout the region.
2013-350
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report C2013-05 regarding Current Economic Development
Initiatives be received for information;
AND THAT Staff confirm whether Elgin County will formally participate in
SCOR;
AND THAT Staff simultaneously contact SCOR re the cost and benefits of the
Municipality of Bayham joining SCOR as a lower-tier participant."
CARRIED UNANIMOUSLY
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Council Minutes August 15, 2013
2. PUBLIC MEETING
2013-351
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
PUBLIC MEETING
7:30 p.m. - Siemens Rezoning -to change the zoning on a parcel of land from Village
Residential (R1) Zone to site-specific Village Residential (R1-10) Zone submitted by
Jacob, Melodie and Henry Siemens.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF—None.
STAFF PRESENTATION
Staff Report D2013-026 regarding Siemens Rezoning.
File: D4.SIEM
The Planning Co-ordinator advised that the purpose of the application is to change the
zoning on a residential lot to permit a woodworking shop as a small-scale secondary use
in an existing building.
She added that the applicants,Jake Siemens and Lester Gingrich were present and that
there were no written public submissions received.
PUBLIC COMMENTS
Roselyne Chues commented that woodworking saws and equipment can be very loud, high-
pitched and irritating to neighbours.
COUNCIL COMMENTS AND QUESTIONS
Councillor Casier questioned the distance between the shed and the side yard lot line.
The applicant responded that it is 10 feet away.
The Planning Co-ordinator noted that the minimum setback is 1 metre.
Deputy Mayor Evanitski noted there are hazard lands at the rear of the property and
questioned whether the application had been circulated to the Long Point Region
Conservation Authority, to which the response from the Planning Co-ordinator was yes.
Deputy Mayor Evanitski asked how the waste material is to be disposed of.
The applicant responded that wood waste would be burned in the furnace.
Councillor Casier inquired whether there is a buffer strip along the side-yard.
The applicant responded that there is an existing fence,no trees.
Councillor Ketchabaw asked what the operating hours would be.
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Council Minutes August 15, 2013
The applicant replied that working hours would be 8:00 a.m. to 5:30 p.m. It is not intended
that work be done at night.
ADJOURNMENT
2013-352
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT the Public Meeting be adjourned at 7:42 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2013-353
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the zoning of the parcel described as Part Lot 14 Concession 4 at 55304
Light Line, owned by Jacob,Melodie and Henry Siemens, be changed from Village
Residential(R1) to site-specific Village Residential(R1-11);
AND THAT Zoning By-law Z621-2013 be presented for enactment."
CARRIED UNANIMOUSLY
3. PUBLIC MEETING
2013-354
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Council Meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
PUBLIC MEETING
7:40 p.m. -Marlax Rezoning-to change the zoning on a parcel of land from Local
Commercial (C2) Zone to Village Residential (R1) Zone submitted by Marlax Services
Ltd.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF—None.
STAFF PRESENTATION
Staff Report D2013-027 regarding Marlax Rezoning.
File: D14.MARL
The Planning Co-ordinator advised that the purpose of the application is to change the
zoning on a commercial property to residential in Port Burwell allowing the conversion
of an existing medical office building to a residential dwelling.
She noted that there were no written public submissions received.
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Council Minutes August 15, 2013
PUBLIC COMMENTS
There were no public comments.
COUNCIL COMMENTS AND QUESTIONS
Councillor Southwick commented that a residence is permitted on commercial property and
questioned the need to rezone.
The Planning Co-ordinator responded that the property must be rezoned to conform with the
Official Plan.
ADJOURNMENT
2013-355
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Public Meeting be adjourned at 7:47 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2013-356
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the zoning of the parcel municipally known as 61 Victoria Street, owned by
Marlax Services Ltd., be changed from Local Commercial(C2) to Village
Residential(R1);
AND THAT Zoning By-law Z622-2013 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE -No Items.
8. PROPERTY,BUILDING & PROTECTIVE SERVICES—No items.
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#015034 to Cheque#015089 inclusive, except Cheque
#014966 totaling $101,538.94 and Payroll Disbursements for the period ending August
4, 2013 totaling $58,223.32.
Council was concerned with the invoices and cost for repairs to the two John Deere
tractors.
The PW Manager was requested to report on the John Deere tractor repairs.
Page 6 of 8
Council Minutes August 15, 2013
2013-357
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT Cheque Register being Cheque#015034 to Cheque#015089 inclusive,
except Cheque#014966 totaling $101,538.94 and Payroll Disbursements for the
period ending August 4, 2013 totaling$58,223.32 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence date August 9, 2013 from Grace Community Church requesting the
use of the Port Burwell East Beach on September 22, 2013.
File: C13
2013-358
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the request from Grace Community Church to use the Port Burwell East
Beach and to have a bon fire on Sunday, September 22, 2013 from 5:30 p.m. to 9:30
p.m. be approved, subject to provision of proof of liability insurance coverage
naming the Municipality of Bayham as an additional insured in the minimum
amount of$2,000,000;
THAT a burn permit be provided with the permit fee of$25.00 to be charged;
AND THAT clean up and repair of any damage to the beach area be the
responsibility of the organizers".
CARRIED UNANIMOUSLY
(c) Correspondence dated August 7, 2013 from Symen &Faye Salverda requesting use of
Memorial Park for a wedding on October 19, 2013.
File: C13
2013-359
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the request from Symen & Faye Salverda to use the Memorial Park in Port
Burwell for a wedding on October 19, 2013 from 2:30 p.m. to 4:00 p.m. be
approved, subject to provision of proof of liability insurance coverage naming the
Municipality of Bayham as an additional insured in the minimum amount of
$2,000,000;
AND THAT clean up and repair of any damage to the park area be the
responsibility of the organizers."
CARRIED UNANIMOUSLY
10. ENVIRONMENT—No items.
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Council Minutes August 15, 2013
11. COMMITTEE OF THE WHOLE
In the absence of the Administrator, Council declined to go into the Committee of the Whole.
(a) In Camera
(b) Closed session minutes of the regular meeting of Council held July 4, 2013.
(c) Confidential Report regarding a proposed or pending acquisition or disposition of land
by the municipality or local board. (Harbour Divestiture)
(d) Out of Camera
12. BY-LAWS
(a) By-Law Z621-2013 A By-Law to further amend By-Law Z456-2003 (Siemens)
(b) By-Law Z622-2013 A By-Law to further amend By-Law Z456-2003 (Marlax)
2013-360
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT By-Laws Z621-2013 and Z622-2013 be read a first, second and third time
and finally passed."
CARRIED UNANIMOUSLY
(c) By-Law 2013-075 A By-Law to confirm all actions of Council
2013-361
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"That confirming By-Law 2013-075 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-362
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned at 8:07 p.m."
CARRIED UNANIMOUSLY
i , . fir'"'
M_• YOR CLERK
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