HomeMy WebLinkAboutOctober 18, 2007 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday October 18,2007
7:00 p.m.
7:30 - Public Meeting—Planning (Zoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at
7:00 p.m. on Thursday, October 18, 2007 in Council Chambers. Present were Mayor
Lynn Acre, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator
Kyle Kruger and Clerk Lynda Millard. Deputy Mayor Cliff Evanitski was absent.
Planning Co-ordinator Margaret Underhill, Public Works Superintendent Bob Bartlett and Fire
Chief/Emergency Manager/By-Law Enforcement Paul Groeneveld were in attendance to
present their respective reports.
1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 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 October
4,2007. It was noted that information recorded under Item 6.2(a)should be under
Item 6.1(a), the minutes to be amended accordingly.
2007-544 Moved by W Casier
Seconded by E Ketchabaw
"THAT the open and closed session minutes of the regular meeting of Council held
October 4,2007 be approved,as amended."
Disposition: Motion Carried Unanimously
ADDED ITEMS
2007-545 Moved by W Casier
Seconded by E Ketchabaw
"THAT in accordance with Section 21 of Procedural By-law 2002-93,Tourism&
Community Marketing Committee draft minutes of meeting held September 19,
Council Minutes - 262 - October 18, 2007
2007, Township of Wellington North, City of Cornwall,Municipality of Central
Elgin correspondence regarding Source Protection Committee appointment and
Closed Session verbal report and discussion regarding legal and personal matters be
added to the agenda as item(s) 6.1(a), 9.1(e), 9.1(f), 10.1(c), 11.1(b) and 11.1(c)
respectively."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Dan Graham & Wolf Jung made a powerpoint presentation regarding the
Coal flats Blues Fest and requested confirmation of municipal financial support by
December 31st for 2008. The importance of local support was noted as critical in order to
attract sponsors and secure grants from other levels of government. A five year
commitment,based on the Bayham Culture Plan was requested,with a minimum of
$10,000, plus 'in kind' contributions for 2008.
(b) 8:00 p.m.—Tony Csinos was in attendance in regard to enforcement of the Bayham
Zoning and Property Standards By-Laws. He noted properties that accumulate various
deteriorating"storage"facilities in addition to derelict built structures, such as cargo bins,
truck trailers and vans, cube vans,house trailers/mobile homes, many of which still have
the wheels attached and are sinking into the ground. He noted with dismay that active
enforcement of zoning and property standards by-laws is not visibility evident.
He added that the Municipality must"clean up"in order to be successful in attracting
people- visitors and businesses, to Bayham. He suggested Council review these by-laws
and implement policy and achievable enforcement measures that result in compliance.
Mayor Acre noted that Municipal policy is to enforce the by-laws on a complaint basis.
Item 8.1(a)
5. INFORMATION ITEMS
2007-546 Moved by E Ketchabaw
Seconded by W Casier
"THAT information items 5(a) through 5(1) be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Historical Society draft minutes of meeting held September 13, 2007.
File: C06
(b) Correspondence dated October 1, 2007 from Ontario Good Roads Association regarding
"2008—2009 Board of Directors".
File: A0l
Council Minutes - 263 - October 18, 2007
(c) Correspondence dated October 2, & 9 2007 and Fall 2007 from the Association of
Municipalities of Ontario regarding"Information on MHSW Program Plan &MHSW
Tendering""British Columbia—Alberta Trade,Investment and Labour Mobility
Agreement (TILMA)", "2007/08 AMO/LAS Municipal Energy Management
Workshops", "Natural Gas Newsflash" and"Electricity Newsflash".
File: A01 /A04/M07
(d) Elgin St. Thomas Health Unit newsletter"Lifestyle Link" Fall 2007 edition.
File: S08
(e) Hydro One Networks Inc Newsflash dated September 2007 regarding"CSA Overhead
Lines Standards Have Been Revised".
File: E06
(f) Elgin Group Police Services Board minutes of meeting held October 10,2007.
File: C06
(g) Long Point Region Conservation Authority Full Authority minutes of meeting held
August 1, 2007 and Special Full Authority minutes of meeting held September 24, 2007.
File: C06
(h) Correspondence from KidSport regarding"A New Chapter of Kids Sport for St.
Thomas".
File: Fl l /R06
(i) Correspondence from Communities in Bloom regarding"CIB Info Session".
File: A04
(j) Correspondence dated October 10, 2007 from Federation of Canadian Municipalities
regarding"Help Make the Case for Federal Investments in Municipal Infrastructure
Survey.
File: A16
(k) Correspondence from Ontario Backflow Prevention Association Inc. regarding"5`h
Annual Backflow Conference".
File: A04
(1) Play Works Youth Friendly Community Recognition Program.
File: M02
Council Minutes -264 - October 18, 2007
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Bayham Tourism&Community Marketing Committee draft Minutes of meeting held
September 19, 2007.
File: CO6
2007-547 Moved by W Casier
Seconded by M Taylor
"THAT the Tourism& Community Marketing Committee draft minutes of meeting
held September 19, 2007 be received;
AND THAT a by-law be prepared to amend the committee structure by-law to
include a Wind Centre sub-committee for Council's support."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2007-548 Moved by E Ketchabaw
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
1.(a) 7:30p.m. —Application: To rezone property at 48 Strachan Street, Port Burwell to
permit reduced setbacks for the temporary placement of a personal wind turbine,
submitted by Matthew Redsell.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation: Staff Report D2007-046 was presented by the Planning Co-
ordinator. She noted that staffs main concern is to maintain the safety of the
public should the tower fall down. She added that correspondence had been
received in opposition to the rezoning and was circulated to Council members
prior to the meeting.
She advised that since distribution of the agenda staff had further discussions
regarding setback requirements and received further comment from the municipal
Council Minutes -265 - October 18, 2007
planning consultant, IBI Group. She added that the consultant would support a
reduction in the setback requirements to 50 feet from Robinson Street,
maintaining a 70 foot setback from all other property lines. However, she noted
that the 70 foot setback may not be workable from the east side lot line and with
further explanation from Mr. Redsell in his upcoming presentation there would be
further discussion as to the most appropriate setback dimension.
The Planning Co-ordinator explained that the tower and turbine are not designated
structures under the Building Code and that no municipal permits or inspections
are required.
4. Public Comments
Mr. Matthew Redsell detailed the proposed construction suggesting that the three
guywires to be placed on each side will maintain a 4000 pound load each and
stated that it will be impossible for the tower to fall down. He also noted the base
of the tower is designed to only be lowered in one direction and with the tower in
the desired area this could be done totally within his property.
He added that there are problems with electrical power in Port Burwell and the
success of the project could create business and job opportunities. He also
indicated he is uncertain regarding the setback measurements as he has no
property survey to indicate the property lines along the road allowances.
Allan Spicer suggested the Municipality should hire the expertise to review the
design plans.
5. Council Comments and Questions
Councillor Ed Ketchabaw questioned how the tower would be installed.
Mr. Redsell indicated there is a 6 to 8' reinforced concrete base and that two sets
of winches and a pulley would be used to raise/lower the tower.
Councillor Casier commented that it might not fall, however, for the safety of the
public,he would prefer to have an Engineer's stamp on the design.
Mr. Redsell responded that to do that would be an unnecessary cost of$30,000.
Councillor Casier questioned whether he had described the project to an Engineer.
Mr. Redsell responded that it wasn't necessary to go that route as he designs
airplanes and he is confident in his design. He suggested checking the local TV
towers, trees and hydro lines for safety issues.
Councillor Taylor questioned Mr. Redsell how it would affect his insurance
coverage if the tower fell over.
Mr. Redsell responded that he had enough money to cover anything.
Council Minutes - 266 - October 18, 2007
Councilor Taylor questioned what would be the municipal liability if there was an
agreement for Mr. Redsell to accept full responsibility.
Administrator Kyle Kruger responded that the Municipality would most likely be
named in a claim, adding that a certificate of insurance would lesson the exposure.
He added that being proven 1%liable could result in payment of 100% of a claim.
Councillor Ketchabaw asked Mr. Redsell whether the tower base is where he
wants it, to which he responded yes.
Mr. Redsell advised that a hurricane will not take the tower down, the metal pipe
is 3"inside and 31/2"outside measurements. He added that it would be raised by
two winches, slowly, to minimize stress.
The Planning Co-ordinator questioned what safety precautions are being taken
to ensure the turbine doesn't fall off the tower.
Mr. Redsell advised that the turbine is made of carbon fibre which is stronger than
metal and extremely light and that the fasteners will hold. He added that it needs
to be able to flex.
Councillor Casier questioned how the turbine speed would be regulated.
Mr. Redsell noted that a larger turbine blade is quieter and turns slower regulating
the speed. He would take down and change the blade size until the desired speed
is achieved.
Mark Taylor noted that concerns regarding impact on birds and migration were
addressed in the wind farm project.
6. Adjournment
2007-549 Moved by W Casier
Seconded by E Ketchabaw
"THAT the Public Meeting be adjourned at 8:09 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2007-550 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report 1)2007-046 be received;
AND THAT the minimum yard setbacks to the edge of the turbine be reduced from
30.5 metres (100') to:
• 15.24 metres (50') from north side lot line (Robinson Street)
Council Minutes - 267 - October 18, 2007
• 21.3 metres (70') from the south side lot line and front lot line (Strachan
Street)
• 13.72 metres (45') from the rear lot line;
AND THAT Zoning By-law Z552-2007 be presented to Council for enactment as
amended."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
Y. CORRESPONDENCE&REPORTS
(a) Staff Report PW2007-008 regarding Road Activity Report September 2007. Council
requested a road tour be arranged for them in late November.
File: T06
2007-551 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report PW2007-008 regarding Public Works activities for the month
of September 2007 be received for information."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
Y. CORRESPONDENCE&REPORTS
(a) Correspondence dated October 9, 2007 from Tony Csinos regarding"Zoning By-Laws"
and"Property Standards".
File: D001 P00
2007-552 Moved by M Taylor
Seconded by W Casier
"THAT the correspondence dated October 9, 2007 from Tony Csinos
regarding `Zoning By-Laws' and `Property Standards' be received;
AND THAT the correspondence be referred to staff for review and report
back to Council."
Disposition: Motion Carried Unanimously
Council Minutes -268 - October 18, 2007
(b) Staff Report P2007-019 regarding Sale of Fire Department Boats.
File: P16
2007-553 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report P2007-019 be received;
AND THAT Council approves the disbursement of the funds generated from the
sale of the boats as per Option 2, being that the Municipality transfer the funds to
the Port Burwell Firefighters Association as requested by the Port Burwell Legion,
providing that the funds be used for the purchase or donation of funds for the
purchase of training or a specific piece of water rescue equipment, as approved by
the Fire Chief."
Disposition: Motion Carried Unanimously
(c) Staff Report P2007-024 regarding Fire Department Response to Structure Fires.
File: P16
2007-554 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report P2007-024 be received;
AND THAT Council approves Option 1,being automatic simultaneous dispatching
of all members of primary and secondary stations to all reported structure fires;
and
Automatic simultaneous dispatching of all members of the primary station, and
secondary station specialty team members to specialized emergencies (water rescue,
rope rescue only)."
Disposition: Motion Carried
(d) Staff Report P2007-025 regarding Fire Department/EMP 2007 Third Quarter
Report.
File: P16
2007-555 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report 2007-025 regarding the Fire Department and Emergency
Management Programs for the 3ra Quarter 2007 (July lgt—September 30t1) be
received for information."
Disposition: Motion Carried Unanimously
Council Minutes - 269 - October 18, 2007
(e) Staff Report P2007-026 regarding By-Law enforcement Program—2007 Third Quarter
Report.
File: P16
2007-556 Moved by M Taylor
Seconded by E Ketchabaw
"THAT Staff Report 2007-026 regarding the By-law Enforcement Program 3rd
Quarter Report 2007 (July 1"—September 30th) be received for information".
Disposition: Motion Carried Unanimously
(f) Staff Report P2007-027 regarding Fire Apparatus (Truck) Purchase.
File: P16
2007-557 Moved by E Ketehabaw
Seconded by M Taylor
"THAT Staff Report 2007-027 regarding a Fire Truck Purchase be received;
AND THAT Council authorizes staff to develop a specifications document and
tender quotes for a new Pumper/Rescue apparatus to replace the fire departments'
1984 Pumper and 1992 Rescue vehicles."
Disposition: Motion Carried Unanimously
(g) Correspondence dated October 1, 2007 from the Office of the Fire Marshall regarding
"Essentials of Municipal Fire Protection—A Decision Makers' Guide".
File: A16
2007-558 Moved by W Casier
Seconded by E Ketchabaw
"THAT the correspondence dated October 1,2007 from the Office of the Fire
Marshall regarding `Essentials of Municipal Fire Protection--A Decision Makers'
Guide' seminar be received for information."
Disposition: Motion Carried Unanimously
(h) Correspondence dated October 11,2007 from the Ministry of Community Safety&
Correctional Services.
File: A16
Council Minutes - 270 • October 18, 2007
2007-559 Moved by W Casier
Seconded by M Taylor
"THAT the correspondence dated October 11, 2007 from the Ministry of
Community Safety& CorrectionaI Services be received for information."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION& PERSONNEL
L CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 3348 to Cheque#3410, inclusive, totaling
$153,351.55 and Payroll Disbursements for the period ending October 7th,totaling
$48,701.16.
2007-560 Moved by W Casier
Seconded by M Taylor
"THAT the Cheque Register being Cheque#3348 to Cheque#3410,
inclusive, totaling $153,351.55 and Payroll Disbursements for the period
ending October 7th,totaling $48,701.16 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2007-34 regarding detailed financial report to September 30, 2007,
File: F03
2007-561 Moved by M Taylor
Seconded by W Casier
"That Staff Report 2007-34 regarding financial reporting for the period ending
September 30,2007 be received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated October 12, 2007 from The Municipality of West Elgin regarding
"Meeting Investigator".
File: C 10
Council Minutes - 271 • October 18, 2007
2007-562 Moved by W Casier
Seconded by M Taylor
"THAT the correspondence dated October 12, 2007 from The Municipality
of West Elgin be received for information."
Disposition: Motion Carried Unanimously
(d) Staff Report C2007-009 regarding Municipal Statute Law Amendment Act Items.
File: L00
2007-563 Moved by M Taylor
Seconded by W Casier
"THAT Staff Report C2007-009 be received;
AND THAT staff be authorized to proceed with discussions with Mr. John Maddox
to fmalize a contract agreement for the provision of services as the Closed Meeting
Investigator for the Municipality of Bayham."
Disposition: Motion Carried Unanimously
(e) Correspondence dated October 3, 2007 from the Township of Wellington North
regarding a resolution passed October 1, 2007.
2007-564 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham supports the resolution of
the Township of Wellington North passed October 1, 2007 regarding the
number of annual lead samples to be taken per drinking water system as per
Regulation 170/03."
Disposition: Motion Carried Unanimously
(f) Correspondence dated August 23, 2007 from the City of Cornwall regarding a resolution
passed August 13, 2007.
2007-565 Moved by E Ketchabaw
Seconded by W Casier
"THAT the Council of the Municipality of Bayham supports the resolution of
the City of Cornwall regarding the cost of downloading provincially
mandated programs passed August 13,2007."
Disposition: Motion Carried Unanimously
Council Minutes - 272 - October 18, 2007
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated October 5, 2007 from County of Elgin regarding"Proposed
Woodlands Clearing on Part Lot 15, Concession 2".
File: A16
2007-566 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the Correspondence dated October 5, 2007 from County of Elgin
regarding `Proposed Woodlands Clearing on Part Lot 15, Concession 2' be
received for information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated September 30, 2007 from Stewardship Ontario/Waste Diversion
Ontario regarding"Industry's Stewardship of Municipal Blue Box Recycling Program".
File: E07
2007-567 Moved by M Taylor
Seconded by E Ketchabaw
"THAT the correspondence dated September 30,2007 from Stewardship Ontario/
Waste Diversion Ontario be received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated October 15,2007 from The Municipality of Central Elgin
regarding"Appointment of Municipal Representative Lake Erie Source Protection
Committee, Group 7 Municipalities".
File: E00
Councillor Casier commented that he did not have a problem with the selection of an
alternate representative for the Committee and thanked Council for their trust in
previously supporting his appointment.
2007-568 Moved by M Taylor
Seconded by E Ketchabaw
"THAT the Council of the Municipality of Bayham supports the appointment of
Mr.Lloyd J.Perrin to represent the Group 7 municipalities on the Lake Erie
Source Protection Committee."
Disposition: Motion Carried Unanimously
Council Minutes - 273 - October 18, 2007
MOTION TO EXTEND LENGTH OF MEETING
2007-569 Moved by M Taylor
Seconded by E Ketchabaw
"THAT in accordance with Section 12 of Procedural By-law 2002-93,
Council shall deal with business until 11 pm. at its meeting of October 18,
2007."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2007-570 Moved by M Taylor
Seconded by W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee of
the Whole at 10:30 p.m.to discuss:
u personal matters about an identifiable individual,including municipal or
local board employees;
a litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board."
Disposition: Motion Carried Unanimously
2007-571 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the Committee of the Whole do now rise from the"In Camera"
session at 11:11 p.m."
Disposition: Motion Carried Unanimously
I. CORRESPONDENCE&REPORTS
(a) Confidential matter regarding a By-law enforcement legal matter.
(b) Verbal report regarding legal matter.
(c) Verbal report regarding personal matter.
Council Minutes -274- October 18, 2007
12. BY-LAWS
By-law Z552-2007 A By-law to further amend Bayharn Zoning B/L Z456-2003
(Redsell)
By-law 2007-090 A By-law to confirm all actions of Council
2007-572 Moved by W Casier
Seconded by M Taylor
"THAT By-law Z552-2007 be read a first, second and third time and fmally
passed."
Disposition: Motion Carried Unanimously
2007-573 Moved by W Casier
Seconded by M Taylor
"THAT confirming By-law 2007-090 be read a first, second and third time
and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2007-574 Moved by M Taylor
Seconded by W Casier
"THAT the Council meeting be adjourned at 11:12 p.m."
Disposition: Motion Carried Unanimously
{-3MAYOR CLER1(
Date Approved: /V D u k-1 /1 ) 7