HomeMy WebLinkAboutAugust 16, 2007 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday August 16, 2007
7:00 p.m.
7:30, 7:45 & 8:00 p.m.- Public Meetings—Planning(Zoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at
7:00 p.m. on Thursday, August 16, 2007 in Council Chambers. Present were Mayor
Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and
Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard.
Planning Co-ordinator Margaret Underhill was in attendance to present her reports.
1. CALL TO ORDER Mayor Acre called the meeting to order at 7:06 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF None
3. APPROVAL OF MINUTES
Minutes of the open and closed sessions of the regular meeting of Council held July 19,
2007 & Staff Memorandum C2007-010 regarding Amendment to Minutes
2007-420 Moved by W Casier
Seconded by M Taylor
"THAT the open session minutes of the Council meeting held July 19,2007,
under Item 8.1(d), be amended to delete:
'THAT the organizers ensure portable fire extinguishers or such other equipment
and persons trained in the use thereof as deemed necessary by the Fire Chief under
the Ontario Fire Code are on site during the event;'
and insert
'THAT the Lioness Club of Straffordville ensure Type K Portable Fire
Extinguishers are installed in the food booth and at least one person trained in the
proper use of the extinguishers be in the food booth at all times while the food booth
is in operation and preparing food producing grease laden vapors (e.g. bacon,
hamburg patties, french fries);'
Council Minutes - 206 - August 16, 2007
AND THAT the open and closed session minutes of the regular meeting of Council
held July 19, 2007 be approved as amended."
Disposition: Motion Carried Unanimously
ADDED ITEM
2007-421 Moved by M Taylor
Seconded by W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93, a verbal
confidential legal matter be added to the agenda as item 11.1 (c)."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—John & Irene Szakal,Marlene & Ike Taylor were in attendance regarding
the lack of accurate road signage regarding the Lakeshore Road and the transition of
County Road#42 to the Glen Erie Line - Item 7.1(c).
They raised concerns that signage reference to Lakeshore Line as County Road#42 has
not been removed, nor new signage installed to direct people to the Glen Erie as County
Road#42.
It was also noted that 7 guard rail posts on Glen Erie, east of Stafford Road have been
broken for some time.
(b) 7:50 p.m.—Mary Fisher, lst Straffordville BPSC Explorer Group was in attendance
to request permission to conduct a"campfire" at Watermelon Fest using a Turkish grill
to roast the wieners. —Item 8.1(c)
5. INFORMATION ITEMS
2007-422 Moved by M Taylor
Seconded by W Casier
"THAT information items 5(a) through 5(o) except 5(b) be received for
information,"
Disposition: Motion Carried Unanimously
Council Minutes - 207 - August 16, 2007
2007-423 Moved by W Casier
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham supports the
correspondence dated July 19,2007 to the Honourable George Smitherman,
Minister of Health by the City of Kawartha Lakes with respect to `Incentives
to Family Physicians'."
Disposition: Motion Carried Unanimously
(a) Bayham Community Centres Committee draft minutes of meeting held July 26, 2007
File: C06
(b) Copy of correspondence dated July 19, 2007 from City of Kawartha Lakes to the Minister
of Health and Ministry of Health and Long-Term Care regarding"Incentives to Family
Physicians".
File: A16/C10
(c) Correspondence dated July 9 and August 2, 2007 from the Association of Municipalities
of Ontario regarding"AMO/LAS Moving Ahead with Closed Meetings Investigator
Program" and "MTO Amends Hours of Service Regulation".
File: A01
(d) News Release dated July 19, 2007 from City of Kingston regarding"Two New
Affordable Housing Projects Open In Kingston".
File: M06
(e) News Release dated July 30, 2007 from City of Hamilton regarding"Celebration Marks
Construction of New Affordable Housing In Hamilton".
File: M06
(f) News Release dated August 10, 2007 from Ministry of Municipal Affairs and Housing
regarding"McGuinty Government Helping Working Families With Housing Costs".
File: M06
(g) Email correspondence dated July 20, 2007 from Rebecca Canty regarding"Emerald Ash
Borer—Latest Information".
File: A16
(h) Correspondence dated August 2, 2007 from Green Municipal Fund regarding"New
Funding Opportunity for Brownfields and Water Projects".
File: A01
(i) Correspondence dated July 2007 from Ministry of Natural Resources regarding"Wildlife
rabies control operations for 2007".
File: A16
Council Minutes -208 - August 16, 2007
(j) Correspondence dated July 3, 2007 from Environment Canada regarding"State of the
Great Lakes 2007 Highlights"report. Full report available
File: A16
(k) Correspondence dated July 24, 2007 from the Federation of Canadian Municipalities
regarding"Association of Municipalities Conference".
File: A16
(1) Willms & Shier Report Environment, energy&Resources Law newsletter dated July
2007.
File: M07
(m) Correspondence dated July 25, 2007 from the County of Elgin regarding potential ferry
service recommendation adopted at the County of Elgin meeting held July 24, 2007.
File: D00
(n) Correspondence dated August 7, 2007 from the City of London regarding"Port Burwell
Harbour—Potential International Ferry Service".
File: D00
(o) Correspondence dated July 26, 2007 from Ministry of Agriculture, Food and Rural
Affairs regarding"Ontario Biogas Systems Financial Assistance Program". Brochure
available
File: Al6
6 PLANNING, DEVELOPMENT,RECREATION & TOURISM
I. CORRESPONDENCE&REPORTS
(a) Staff Report D2007-036 regarding Harms rezoning to remove holding.
File: D10
2007-424 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report D2007-036 be received;
AND THAT the zoning on lands described as Registered PIan 54 Lots 8, 9, 10 west
side Union Street and Lots 24,25,26,27 and Part of Lots 23,28 and 29 east side
Centre Street, owned by Bernhard and Sara Harms be changed from Village
Residential-Holding(Rl-h)to Village Residential (R1);
AND THAT Zoning By-law Z547-2007 be presented for enactment."
Disposition: Motion Carried Unanimously
Council Minutes -209 - August 16, 2007
(b) Correspondence dated August 9, 2007 from a concerned citizen group regarding
local tourism potential. (copy to be forwarded to the Bayham Tourism &
Community Marketing Committee)
File: M04
2007-425 Moved by M Taylor
Seconded by W Casier
"THAT the correspondence dated August 9, 2007 from Concerned Citizens Group,
Port Burwell regarding tourism potential be received for information."
Disposition: Motion Carried
(c) Staff Report D2007-032 regarding Zoning Application Fees.
File: D14
2007-426 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report D2007-032 regarding Rezoning Application Fees be referred
to staff for further information."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2007-427 Moved by C Evanitski
Seconded by M Taylor
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
(a) 7:30 pm Application: to extend the temporary Al-T4 zoning on a 0.4 hectare (1
acre) parcel of land situated on the south side of Calton Line, east of Toll Gate
Road, submitted by Darlene Chambers.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
Council Minutes - 210- August 16, 2007
3. Staff Presentation
Staff Report D2007-033 was presented by the Planning Co-ordinator. She
advised that no written comments in opposition or concerns had been received.
4. Public Comments None
5. Council Comments and Questions
Councillor Casier questioned the use of the mobile home by the caregiver rather
than the person being cared for.
The Planning Co-ordinator responded that it is the rezoning to permit the
temporary placement of the mobile home that allows the need to be met
6. Adjournment
2007-428 Moved by M Taylor
Seconded by W Casier
"THAT the Public Meeting be adjourned at 7:35 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2007-429 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report D2007-033 be received;
AND THAT the zoning of those lands located at 57361 Calton Line in Concession 4
North Part Lot 23 be changed from Agriculture (Al) to Agriculture-Temporary 4
(A1-T4) Zone to allow for the temporary use of a mobile home for a family member
to care for another family member, for a period not exceeding three (3) years,
ending August 16th, 2010;
AND THAT Zoning By-law No. Z544-2007 be presented for enactment."
Disposition: Motion Carried Unanimously
2007-430 Moved by C Evanitski
Seconded by W Casier
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
Council Minutes -211 - August 16, 2007
(b) 7:45 pm Application: to change the zoning on a 0.4 hectare(1 acre)parcel of land
situated on the north side of Talbot Line, west of Best Line, in the Municipality of
Bayham from the Agricultural (Al) Zone to the Rural Residential (RR) Zone,
submitted by B &B Graydon Enterprises Ltd. -Brian Graydon.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2007-034 was presented by the Planning Co-ordinator. She
advised that no written comments in opposition or concerns had been received.
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2007-431 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT the Public Meeting be adjourned at 7:49 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2007-432 Moved by C Evanitski
Seconded by E Ketchabaw
"THAT Staff Report D2007-034 be received;
AND THAT the zoning on a parcel of land owned by B &B Graydon Enterprises
Ltd. described as Part Lot 13 Concession 9 be changed from Agriculture (Al) Zone
to Rural Residential (RR) on the proposed severed surplus farm dwelling parcel and
from Agricultural(Al) to Special Agriculture Temporary 4 (A2/T4) Zone on the
retained parcel in the Bayham Zoning By-law No. Z456-2003, as amended;
AND THAT Zoning By-law Z545-2007 be presented for enactment."
Disposition: Motion Carried Unanimously
Council Minutes - 212 - August 16, 2007
2007-433 Moved by C Evanitski
Seconded by M Taylor
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
(c) 8:05 pm Application: To change the zoning on a 2590 m2 (0.64 acre) parcel of
land situated at 48 Strachan Street, on the southeast corner of Strachan Street at
Robinson Street, in the Village of Port Burwell from the Village Residential (R1)
Zone to the site-specific Village Residential (R1-8) Zone, submitted by Matthew
Redsell.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2007-03 5 was presented by the Planning Co-ordinator. She
confirmed this application is being considered as a pilot project for a temporary
period of two years and that the proposed By-law addresses height and setback
requirements. She advised that comments had been received and included in the
report from two Bayham residents, one being in support of the application
submitted by Sean Hurley, the other in opposition from Roy Alder, a
neighbouring property owner. She noted that two additional parties submitted
comments since circulation of the report, one being further information from the
applicant,the other in opposition from Mr. Don Manion, a neighbouring property
owner.
4. Public Comments
Mr. Redsell stated that he wished the project to proceed and thanked supporters in
attendance. He stated his own research has found no information indicating radio
and television reception is impacted, and that there is no evidence towers impact
property values. He noted that as he will be living on the site, any noise issues
would affect him and be dealt with. He also noted that his neighbour will not be
able to see the tower from his property, as he rarely uses his backyard. He
welcomes any visitors to his site.
Sean Hurley advised that he had lived in the area for a year, adding that he has
found Mr. Redsell to be very energetic with a sense of perfection, precision and
quality in his innovative ideas, and strongly supports the project. He noted that
the wind towers are seen by some as ugly, others as beautiful, and added that the
people of Bayham are seen as innovative and trailblazers.
Council Minutes - 213 - August 16, 2007
Allan Spicer commented that eighty people had visited the wind towers the
previous day and questioned why Mr. Redsell's project would be shut down
before it has a chance to prove itself He supported an assessment following the
two-year operation with Council decision to follow.
Jean Woon commented that she lives nearby and is eager to see the windmill go
into operation. She added that Council should support saving energy.
Ray Talbot stated that he didn't know Mr. Redsell,however, he added that Mr.
Redsell seems to come up with good innovative ideas and believes his project
should be supported.
Terry Ross noted that he has 30 years experience in wireless work in broadband
and is not aware of radio interference from wind towers. He spoke in support of
the proposal.
Ted Woon spoke in support of the proposal.
Tony Csinos questioned at what height a red light is required on a windmill, to
which Mr. Redsell responded that he didn't believe his 70-foot tower requires it
however,he was not sure of the actual height requirement for such lighting.
Terry Ross noted that the red lights are relative to airport areas.
5. Council Comments and Questions
Councillor Mark Taylor supported the project and suggested that the proposed
generated 24 volts should not create magnetism issues.
Councillor Ed Ketchabaw commented that he admires the pioneering spirit and
support of this pilot project by neighbours. He suggested that neighbours work
with Mr.Redsell and Council to address any related concerns.
Deputy Mayor Evanitski suggested good judgment in the pilot project being the
way to go, allowing assessment of property value changes and associated risk
management. He confirmed that neighbour concerns need to be addressed in a
timely fashion. He added that unique attractions entice more people to visit the
area.
Councillor Wayne Casier commented he supports the pilot project,however,
respects that the concerns raised need to be resolved.
Council Minutes - 214 - August 16, 2007
6. Adjournment
2007-434 Moved by W Casier
Seconded by C Evanitski
"THAT the Public Meeting be adjourned at 8:38 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2007-435 Moved by M Taylor
Seconded by W Casier
"THAT Staff Report D2007-035 be received;
AND THAT the zoning on a parcel of land owned by Matthew Redsell as described
as Plan 12 Lot 36 E/S Strachan and block north of Lot 36 be changed from village
Residential(R1) to Village Residential Temporary(R1/T4) Zone in the Bayham
Zoning By-law No.Z456-2003,as amended;
AND THAT Zoning By-law No. Z546-2007 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report DR2007-012 regarding Godo Municipal Drain—Norfolk County Report
filed.
File: E09
2007-436 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Report DR2007-012 be received;
AND THAT Council of the Municipality of Bayham acknowledges the filing with
the Clerk of the Notice of Drainage Works and amended Engineer's Report (Project
#04-057) for the drainage works of the Godo Drain, affecting the former railway
that is now known as the Bayham Tillsonburg Utility Corridor."
Disposition: Motion Carried Unanimously
Council Minutes -215 - August 16, 2007
(b) Staff Report DR2007-013 regarding Otters Edge Municipal Drain—6 Month Extension.
File: E09
2007-437 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report DR2007-013 be received;
AND THAT the Council of the Municipality of Sayham hereby extends the period
for filing of a report for the Otters Edge Municipal Drain, by the Engineer, Spriet
Associates, for a further six (6) month period,namely on or before February 2,
2008."
Disposition: Motion Carried Unanimously
(c) Correspondence received August 8,2007 from John and Irene Szakal and Marlene and
Ike Taylor regarding road signs for Elgin County 42(Lakeshore/Glen Erie Line).
File: T07
2007-438 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT the correspondence from John and Irene Szakal and Marlene and
IkeTaylor regarding road signage for Elgin County 42 (Lakeshore/Glen Erie Line)
be received;
AND THAT the matter be referred to Staff for appropriate action."
Disposition: Motion Carried Unanimously
(d) Staff Report DR2007-014 regarding Richmond Road Drain.
File: E09
2007-439 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report DR2007-014 be received;
AND THAT the previous decision, ending the practice of allowing property owners
to manage the hiring of Drainage Contractors, be continued."
Disposition: Motion Carried Unanimously
Council Minutes - 216 - August 16, 2007
S. PROPERTY, BUILDING & PROTECTIVE SERVICES
I. CORRESPONDENCE&REPORTS
(a) Building Permit report for the month ending July 31, 2007.
File: P10
2007-440 Moved by C Evanitski
Seconded by M Taylor
"THAT Building Permit report for the month ending July 31,2007 be received for
information."
Disposition: Motion Carried Unanimously
(b) Request to post Tillsonburg Memorial Hospital's Extravaganza information on municipal
sign.
File: C13
2007-441 Moved by M Taylor
Seconded by C Evanitski
"THAT the request to post Tillsonburg Memorial Hospital's Extravaganza
information on the Municipal sign be received;
AND THAT Council approves the request to use the municipal sign for
posting prior to the event, subject to municipal requirements."
Disposition: Motion Carried Unanimously
(c) Correspondence received August 13, 2007 from Mary Fisher, Group Scouter, l'
Straffordville BPSC Ontario regarding activities for Watermelon Fest.
File: C13
2007-442 Moved by C Evanitski
Seconded by W Casier
"THAT the correspondence received August 13,2007 from Mary Fisher regarding
scouting activities at Watermelon Fest be received;
THAT Council grants permission for the 1d Straffordville BPSC group to conduct a
`campfire' as outlined in the correspondence;
Council Minutes -217 - August 16, 2007
AND THAT the organizers ensure two portable Fire Extinguishers and at least one
person trained in the proper use of the extinguishers be on site at all times while the
food cooking grill is in operation."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
Y. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#2941 to Cheque# 3038, inclusive, except
Cheques #2921, #2951 and#3006 totaling $140,151.45 and Payroll
Disbursements for the periods ending July 15th &29th totaling$52,012.18 &
$52,758.32.
2007-443 Moved by W Casier
Seconded by C Evanitski
"THAT Cheque Register being Cheque# 2941 to Cheque# 3038, inclusive,
except Cheques#2921, #2951 and#3006 totaling $140,151.45 and Payroll
Disbursements for the periods ending July 15th&29th totaling$52,012.18 &
$52,758.32 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2007-32 regarding renewal of CIBC Loan Agreement.
File: L04
2007-444 Moved by W Casier
Seconded by C Evanitski
"THAT By-law 2007-080, being a by—law to authorize the execution of an agreement
with Canadian Imperial Bank of Commerce, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(c) Staff Memorandum C2007-011 dated August 13, 2007 regarding Volunteer
Recognition Night 2007.
File: M08
Council Minutes -218 - August 16, 2007
2007-445 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Memorandum C2007-011 dated August 13,2007 be received;
AND THAT the Volunteer Recognition Awards 2007 be presented at the
Vienna Community Centre on Thursday,November 29th, beginning at 7:00
p.m., following the format for previous years;
AND THAT Staff be directed to make the necessary preparations."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Correspondence dated July 23 and August 9, 2007 from the Township of Malahide
regarding"Source Protection Committee Appointments".
File: E00
2007-446 Moved by W Casier
Seconded by E Ketchabaw
"THAT the correspondence dated July 23 and August 9, 2007 from the
Township of Malahide be received for information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated July 18, 2007 from the Ministry of the Environment regarding
"Ontario Drinking Water Stewardship Program"..
File: A16
2007-447 Moved by M Taylor
Seconded by C Evanitski
"THAT the correspondence dated July 18,2007 from the Ministry of the
Environment be received for information."
Disposition: Motion Carried Unanimously
(c) Copy of correspondence dated July 26, 2007 to the City of Toronto from the County of
Elgin regarding"Green Lane Landfill—Elgin County Municipalities"
File: A16/E07
Council Minutes -219 - August 16, 2007
2007-448 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the correspondence dated July 18, 2007 to the City of Toronto from the
County of Elgin regarding Green Lane Landfill be received for information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2007-449 Moved by M Taylor
Seconded by C Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 9:10 p.m. to discuss:
❑ personal matters about an identifiable individual,including municipal
or local board employees;
u litigation or potential litigation,including matters before
administrative tribunals, affecting the municipality or Iocal board."
Disposition: Motion Carried Unanimously
2007-450 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the Committee of the Whole do now rise from the"In Camera"
session at 9:40 p.m."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Verbal staff report regarding a confidential legal matter.
(b) Staff Report regarding a confidential personal matter.
(c) Verbal report regarding a confidential legal matter.
Council Minutes 220 - August 16, 2007
12. BY-LAWS
By-law Z544-2007 A By-law to further amend Zoning B/L Z456-2003 (Chambers)
By-law Z545-2007 A By-law to further amend Zoning B/L Z456-2003 (Graydon)
By-law Z546-2007 A By-law to further amend Zoning B/L Z456-2003 (Redsell)
By-law Z547-2007 A By-law to further amend Zoning B/L Z456-2003 (Harms)
By-law 2007-080 A By-law to Authorize the Mayor& Clerk to Execute a Credit
Agreement(CIBC)
By-law 2007-081 A By-law to confirm all actions of Council
2007-451 Moved by W Casier
Seconded by M Taylor
"THAT By-laws Z544-2007, Z545-2007,Z546-2007,Z547-2007 and 2007-080
be read a first,second and third time and finally passed."
Disposition: Motion Carried Unanimously
2007-452 Moved by M Taylor
Seconded by W Casier
"THAT confirming By-law 2007-081 be read a first,second and third time
and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2007-453 Moved by C Evanitski
Seconded by M Taylor
"THAT the Council meeting be adjourned at 9:41 p.m."
Disposition: Motion Carried Unanimously
Q
LU
MAYOR AT ER.K
Date Approved:j5".t ('/Z' 7