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HomeMy WebLinkAboutNovember 01, 2007 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday November 1,2007 7:00 p.m. 7:30 & 7:40 p.m. Public Meetings—Planning(Zoning) 8:00 p.m. Public Meeting—PIanning(Official Plan) 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, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and Clerk Lynda Millard. Planning Co-ordinator Margaret Underhill, Public and Water/Wastewater Superintendent Ed Roloson 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 Deputy Mayor Evanitski indicated a conflict as he utilizes one of the contractors referred to in item 9.1(c). 3. APPROVAL OF MINUTES Minutes of the open and closed sessions of the regular meeting of Council held October 18, 2007. 2007-575 Moved by W Casier Seconded by M Taylor "THAT the open and closed session minutes of the regular meeting of Council held October 18, 2007 be approved as circulated." Disposition: Motion Carried Unanimously ADDED ITEMS 2007-576 Moved by C Evanitski Seconded by M Taylor "THAT in accordance with Section 21 of Procedural By-law 2002-93, a confidential personal matter be added to the agenda as item(s) 11.1(a)." Disposition: Motion Carried Unanimously Council Minutes - 276 - November 1, 2007 4. DELEGATIONS None 5. INFORMATION ITEMS 2007-577 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) Elgin County Matters newsletter dated October 2007. File: M07 (b) Correspondence dated October 22, 23, 24 and 18, 2007 from the Township of Malahide, Town of Aylmer, Township of Southwold, and County of Elgin regarding"Appointment to the Lake Erie Region Source Protection Committee—Group#7". File: E00 (c) Correspondence dated October 22, 2007 from the Association of Municipalities of Ontario regarding"$64 Million COMRIF Top-up Funding Should Be Accessible To All Rural and Small Urban Municipalities". File: A01 (d) FCM Member Advisory dated October 15 &22 regarding"Municipal Partnership Program" and "FCM's Green Municipal Corporation Opens Carbon Offset Market to Canadian Municipalities". File: A16 (e) News Releases from the Ministry of Municipal Affairs and Housing dated October 18 and 19 regarding"Municipal Affairs and Housing Minister Recognized for Leadership in Brownfield Redevelopment" and"Ontario Approach to Brownfield Redevelopment Gets National Award". File: M06 (f) Correspondence dated October 16, 2007 from Federation of Canadian Municipalities regarding"2008FCM-CH2M HILL Sustainable Community Awards". File: M02 6 PLANNING, DEVELOPMENT,RECREATION & TOURISM I. CORRESPONDENCE&REPORTS (a) Staff Report D2007-50 regarding Toth Water Connection Development Agreement & By-law File: L04 Council Minutes - 277 - November 1, 2007 2007-578 Moved by E Ketchabaw Seconded by W Casier "THAT Staff Report D2007-50 be received; AND THAT By-law No. 2007-099, being a By-law to authorize the execution of a water services development agreement between Louis and Dorothy Toth and the Municipality,be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Correspondence from Don Manion dated October 29, 2007 regarding written concerns previously submitted at the Public Meeting held Oct.18/07 Redsell File: D14 2007-579 Moved by W Casier Seconded by E Ketchabaw "THAT correspondence from Don Manion dated October 29,2007 be received for information." Disposition: Motion Carried Unanimously 2. PUBLIC MEETINGS 2007-580 Moved by E Ketchabaw Seconded by C Evanitski "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) 7:30 p.m. — Rezoning Application: to change the zoning on 10.1 hectare (25.2 acre) parcel of land from the Agriculture (Al-A) to the Agricultural (Al) Zone submitted by Paul DeCloet. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation: Staff Report D2007-047 was presented by the Planning Co- ordinator. She advised that the rezoning is a requirement of a severance application. She added that no written comments or concerns had been received from the public. Council Minutes -278 - November 1, 2007 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2007-581 Moved by C Evanitski Seconded by E Ketchabaw "THAT the Public Meeting be adjourned at 7:31 p.m." Disposition: Motion Carried Unanimously 7 Disposition of Item 2007-582 Moved by E Ketchabaw Seconded by M Taylor "THAT Staff Report D2007-047 be received; AND THAT the zoning on lands owned by Paul DeCloet located in Part Lots 117 & 118 Concession SSTR, subject to County of Elgin Land Division Severance Application E68/07,be changed from Agriculture (Al—A) to Agriculture (Al) in Bayham Zoning By-law Z456-2003, as amended; AND THAT Zoning By-law Z554-2007 be presented to Council for enactment." Disposition: Motion Carried Unanimously 2007-583 Moved by E Ketchabaw Seconded by C Evanitski "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.(b) 7:40 p.m. —Rezoning Application: to change the zoning on 2.02 hectare(5 acre)parcel of land from the Agriculture(Al-A) to the Rural Industrial (M2)Zone submitted by Romain and Simonne Borm File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None Council Minutes -279 - November 1, 2007 3. Staff Presentation: Staff Report D2007-048 was presented by the Planning Co- ordinator. She advised that the rezoning is a requirement of a severance application to convey agricultural land to add to property owned by ETBO to permit industrial expansion. She added that written concerns received were included in the Council package circulated. She added that Mr. David Roe, Planning Consultant, was in attendance on behalf of the applicants. Mr. Roe advised Council that concerns raised at the Land Division Committee resulted in the hiring of a consultant by the applicants to prepare a report to measure noise and vibration at the site. The report is expected to indicate that the measurements will be within ministry guidelines. It was hoped that the report would have been available for this meeting. He added that another neighbour had raised concerns with the outdoor lighting. He suggested the site plan approval process would require lights to be directed within the boundaries of the property. He added that the neighbours had been invited and had spoken with the proponent to answer questions and concerns. Although increased traffic was raised as a concern, he does not anticipate a large increase. He recommended that Council delay a decision pending receipt of the consultant's report. He added that two neighbours have opposed the Land Division Committee decision and this may go to the Ontario Municipal Board. 4. Council Comments and Questions Deputy Mayor Evanitski questioned when the report is expected. Mr. Roe responded it should be available in a couple of weeks and would be provided to Council for review and the public opponents advised. Councillor Casier questioned the status of the site plan agreement. Mr. Roe advised that it has been drafted and that it was submitted with the application but that a more detailed diagram is to be considered after the zoning is in place. Public comments will be considered to address driveway, lighting and berm locations. C Evanitski questioned whether the neighbours have received the site plan agreement. Mr. Roe advised that the neighbours will be advised when the agreement is to be considered by Council and can be provided to them. W Casier requested the neighbours be provided with the report and that the applicants work with the neighbours, then bring back to Council for consideration. C Evanitski noted that it appears all parties are willing to work together. Council Minutes - 280 - November 1, 2007 S. Public Comments Ms. Kathleen Kennedy noted that she is a neighbouring Malahide and Bayham property owner.75 km to the north of ETBO. She advised that she received no notice of the earlier expansion. Ms. Kennedy noted that two additional machines are proposed, with a further two at a later date and requested the report consider current and future noise and vibration levels resulting from such proposed expansion. Reading from her letter, (which she provided to the Planning Co-ordinator), she noted that the giant machines, identified as presses,make a `THUD' approximately every second. She advised that the objectionable noise is very audible at her property. She noted the lighting to be excessive, intruding into her front windows, adding that all but one of the lights have been satisfactorily refocused. She raised increased traffic concerns and road maintenance costs on both Richmond Road and John Wise Line. She also raised issues with decreased property values, environmental concerns such as affects of increased water usage, sewage and other waste disposal. She questioned current and future federal,provincial and local standards,inspections and compliance. She added that she had provided similar correspondence to the Land Division Committee and the Ontario Municipal Board. She also noted that she is agreeable to mediation, particularly in regard to light and property values. Mr. Roger James, a neighbour also to the north, noted submission of his concerns by letter and questioned whether there would be an environmental assessment of the property. Mr. Roe questioned on what basis an Environmental Assessment would be required and advised that he is not aware that it is necessary. Mr. James requested that a Council decision be delayed. He requested the applicants meet with neighbours and staff. Administrator Kyle Kruger noted that the applicants and neighbours would be advised when reconsideration of the matter is scheduled for Council. The applicants, staff and neighbours could meet to co-ordinate, discuss and negotiate. Mr. Roe was agreeable to participate in such arrangements. Mayor Acre noted that the public would be advised when the matter would be scheduled to come back to Council. Mr. James requested that the matter be discussed in open session. Mayor Acre advised that zoning matters are not discussed in closed session. Councillor Ketchabaw questioned whether the study had the ability to make an assessment of larger machine capacity as opposed to the current equipment. Council Minutes - 281 - November 1, 2007 Mr. Roe noted he would need to talk with the consultant regarding the Ministry guidelines. He suggested that once the report is available it would be appropriate to deal with Council. He added that discussion with neighbours would be prior to that. He added that Council is to be aware of neighbours' concerns, any decision is ultimately that of Council. Mr. James requested confirmation that the machines would be running when assessed. Mr. Roe advised the report would consider the vibration and noise concerns while machines are operating. Mrs. Cheryl James commented that earlier that day she had been able to feel the thud when she also had the radio, furnace and vacuum operating. She noted that the expansion will move the operations northward, closer to their property. Ms. Kennedy advised that the thud sound currently carries to the corner of Richmond Road and Calton Line and would be louder at the James property. She added that more noise can be expected with expansion. Council had no further questions or comments. 6. Adjournment 2007-584 Moved by W Casier Seconded by E Ketchabaw "THAT the Public Meeting be adjourned at 8:13 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2007-585 Moved by E Ketchabaw Seconded by C Evanitski "THAT Staff Report D2007-048 be deferred." Disposition: Motion Carried Unanimously 2007-586 Moved by E Ketchabaw Seconded by C Evanitski "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 - 282 - November 1, 2007 I.(c) 8:00 p.m. — Official Plan Amendment Application: to change the designation on 24.37 hectares (60.22 acres) of land to permit the development of the lands for residential use. Submitted by Chateau Wyndemere Ltd. File: D09 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. StaffPresentation: Staff Report D2007-049 was presented by the Planning Co- ordinator. She advised that the application to amend the Official Plan would permit the creation of a 22-unit freehold vacant land condominium. She noted that the applicant has engaged sub-consultants resulting in the submission of three reports: 1. Slope Assessment; 2. Agricultural Impact Study; and 3. Preliminary Environmental Impact Study. Further studies anticipated include: 1. Servicing Options Study; 2. Hydrogeological Report and 3. Archaeological Assessment. She indicated that the Ministry of Municipal Affairs and Housing have concerns regarding consistency with the Provincial Policy Statements and Zoning by-law. She advised that two letters in opposition to the application had been received and distributed to Council since the report was circulated. She recommended deferral pending receipt of additional information. She added that Laverne Kirkness, Kirkness Consulting Inc. and Barry Wade, Design Construction Management were in attendance to make a presentation. Mr. Kirkness advised he was representing Mr. Cameron Cross, estate executor, and indicated his appreciation for the opportunity to work with the public should any adverse concerns arise. He noted that the proposed development has been increased to include 26 units. Mr. Kirkness noted that access to the property is through a 20 foot easement through the field. He suggested that rather than have two-lanes, there be traffic pull-over areas established. He advised that although ownership of the property no longer includes the beach, access to the beach has been retained. He noted there are currently eight residential dwellings and ten septic systems on this 60 acre parcel. He commented that the Class 3 and 6 soil areas represented limited agricultural value. He advised the beautiful heritage buildings on the larger lot would be retained and no changes are proposed for the restricted use areas. He confirmed no disagreement with staff and IBI correspondence and that he had reviewed the two letters received from the public. He noted his disappointment with comments provided in the Ministry of Municipal Affairs &Housing correspondence. Council Minutes - 283 - November 1, 2007 4. Public Comments Jason White,representing 1404504 Ontario Limited,highlighted concerns identified in correspondence dated October 31,2007. He advised that the opponents of the development are the owners of the property surrounding the proposed development area. He raised a major concern of maintaining safe access to the property and to the public. He noted the need for large tractors and equipment to access the agricultural lands, suggesting the easement was not wide enough to include signage or two-lane traffic. He advised that good crop yields per acre on the lands are documented at 150 bu for corn and 40+ for soya beans. He suggested increased residential use may give rise to noise complaint issues in regard to farming activities. He added that an increase in residents would lead to greater trespass problems,particularly regarding recreational uses. Mr. White questioned whether: ❑ there is beach access for the proposed development; ❑ the Provincial government is aware of the proposal and the trespass potential for Park users who are required to pay for access; ❑ the owners of the property are available to discuss the proposal. Mr. Kirkness responded it is understood that: ❑ the easement agreement is broad and wide open,however,will seek a legal opinion as to the free and unencumbered access; ❑ urbanites can have a significant impact in an agricultural area; ❑ access to the beach by the well was returned when property was transferred to the Park; ❑ pre-consulting includes notification to Ontario Parks, the Conservation Authority,MNR etc. He added that the owners are open to discussion and will be available to speak directly to the opponents. 5. Council Comments and Questions Councillor Taylor commented there are lots of reports to come forward. He questioned why one-lane of traffic is proposed. Mr. Kirkness suggested one main 12 foot traffic area with pullover areas is substantial. Councillor Taylor raised safety concerns, suggesting the easement be utilized to provide room to pass. Council Minutes - 284 - November 1, 2007 Barry Wade noted that laneway is almost 2 km in length surrounded by agricultural lands that are cropped up to the easement. Mayor Acre commented that liability lies with the owners,not practical to sever and sell as access is required for growing crops. Mr. Wade responded that severing would divide into two properties. Councillor Casier questioned if the property is land-locked. Mr. Wade responded in the affirmative there being no frontage along the road. Councillor Casier questioned how the property could be severed if no frontage. Mr.Wade noted that under the Condominium Act,the property would be owned by 26 unit owners who gain access over a common element. Mayor Acre commented that the public is able to gain access to the west beach by the boardwalk. Administrator Kruger noted that enforcement is not currently conducted at the Provincial Park. Councilor Taylor commented that there appears to be incredible hurdles to overcome. He questioned access for emergency services,vehicles should not be pulled off into the crops. Mr. Wade responded that the Fire Chief would shut down public access in an emergency. Mr. White questioned arrangements for snow removal. Mr. Kirkness responded that there is four feet along each side of the easement, there is no intent to push snow on to the property of others. Mr. White raised concerns regarding use of salt/de-ice products,noting that there is no ditch, run-off would go directly on the agricultural land. Mr. Kirkness commented there is already traffic and snow removal with the current Institutional use. Mr. White suggested the current use is peaceful in a retreat setting and questioned the expected population growth. Mr. Kirkness responded he expects the peaceful aspect to continue and estimated 3 persons per 26 units totaling 75,of which some may be seasonal. Deputy Mayor Evanitski commented that it was an interesting, well thought out proposal, utilizing respected consultants. He thanked Mr. Kirkness and Mr. Wade for their update and encouraged them to work with the neighbours. Council Minutes -285 - November 1, 2007 6. Adjournment 2007-587 Moved by M Taylor Seconded by E Ketchabaw "THAT the Public Meeting be adjourned at 9:12 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2007-588 Moved by E Ketchabaw Seconded by C Evanitski "THAT Staff Report D2007-049 be received; AND THAT the Official Plan Amendment application received June 15, 2007 be deferred for more information." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Correspondence dated October 11 and 23, 2007 from Port Burwell Bayham Legion Branch 524 regarding Armistice Day Parade scheduled for November 11, 2007,Poppy Campaign and Remembrance Day Service. File: T09/A01 2007-589 Moved by E Ketchabaw Seconded by W Casier "THAT correspondence dated October 11 and 23, 2007 from Port Burwell Legion Branch 524 be received; THAT Council approves a contribution of $50.00 for placement of wreath at the cenotaph; THAT the Municipality acknowledges the change of date for the parade to November 11,2007 at 2:00 p.m. and the parade route will be from the Legion at Elizabeth Street, westerly on Wellington to Erieus and south to the cenotaph in Port Burwell; Council Minutes - 286 - November 1, 2007 AND THAT the Bayham Public Works Department take the necessary precautions for traffic control, safety and signage requirements." Disposition: Motion Carried Unanimously (b) Correspondence dated October 15, 2007 from the Straffordville Santa Claus Parade Committee regarding the Parade scheduled for 10:30 a.m. December 8, 2007 File: T09 2007-590 Moved by W Casier Seconded by C Evanitski "THAT the correspondence from Shirley Biro, dated October 15, 2007 regarding the Straffordville Santa Claus Parade be received for information." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING& PROTECTIVE SERVICES No Items 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#3411 to Cheque#3478, inclusive, except cheque #3448 totaling$260,033.41. 2007-591 Moved by C Evanitski Seconded by W Casier "THAT the Cheque Register being Cheque#3411 to Cheque#3478, inclusive, except cheque#3448 totaling$260,033.41 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated October 22, 2007 from the Township of Malahide regarding"Port Burwell Harbour Potential Ferry Services". File: D02 2007-592 Moved by W Casier Seconded by C Evanitski "That the correspondence dated October 22,2007 from the Township of Malahide regarding 'Port Burwell Harbour Potential Ferry Services' be received for information." Disposition: Motion Carried Unanimously Council Minutes -287 - November 1, 2007 (c) Staff Report PW2007-009 regarding Winter Control Contracts 2007/2008. File: L04 2007-593 Moved by E Ketchabaw Seconded by W Casier "THAT Staff Report PW2007-009 be received; THAT staff be authorized to confirm extensions to contracts for winter control services for the 2007/2008 season, as outlined in report 2007-009; AND THAT By-laws authorizing extension of the contracts with Laemers Trucking, Ron Genetello, Underhill Farms Ltd., Thomas Wilson and Sproul's Lawn maintenance be prepared for Council's approval." Disposition: Motion Carried (d) Staff Memorandum regarding Interpretive Centre Sub-Committee. File: L04 2007-594 Moved by M Taylor Seconded by C Evanitski "THAT Staff Memorandum C2007-015 regarding Interpretive Centre sub- committee be received; AND THAT By-law 2007-092 establishing a Wind Interpretive Centre sub- Committee be presented to Council for enactment." Disposition: Motion Carried Unanimously (e) Aylmer and Area Chamber of Commerce correspondence dated October 17, 2007 requesting participation of Economic Development Committee. File: A01 2007-595 Moved by C Evanitski Seconded by W Casier "THAT the correspondence dated October 17, 2007 from Aylmer and Area Chamber of Commerce be received; THAT the Council of the Municipality of Bayham accepts the invitation to join the Economic Development Committee established by the Aylmer& Area Chamber of Commerce; Council Minutes - 288 - November 1, 2007 AND THAT Lynn Acre be appointed to participate on this committee." Disposition: Motion Carried Unanimously (f) Discussion regarding Coal Flats Blues Fest organization request for confirmation of funding support for 2008 File: C13/R06 (g) Draft By-law 2007-093, to appoint JGM Consulting as Closed Meeting Investigator. 2007-596 Moved by W Casier Seconded by C Evanitski "THAT By-law 2007-093, being a by-law to appoint of JGM Consulting as the Investigator pursuant to Sections 8, 9, 10, and 239.1 of the Municipal Act, 2001, S.O. 2001, Ch. 25, as amended,be presented to Council for enactment." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Port Burwell Wastewater Treatment Plant Annual Compliance Summary for the period ending September 30, 2007 and Daily Process Data Collection Call-Ins. File: E02 2007-597 Moved by M Taylor Seconded by W Casier "THAT the Port Burwell Wastewater Treatment Plant Annual Compliance Summary and Daily Process Data Collection Call-Ins for the period ending September 30,2007 be received for information." Disposition: Motion Carried Unanimously (b) Quarterly Report for the Bayham Water Distribution System for the period ending September 30,2007 and Daily Process Data Collection Call-Ins. File: E08 Council Minutes -289 - November 1, 2007 2007-598 Moved by W Casier Seconded by M Taylor "THAT the Quarterly Report for the Bayham Water Distribution System and Daily Process Data Collection Call-Ins for the period ending September 30,2007 be received for information." Disposition: Motion Carried Unanimously (c) Quarterly Report for the Municipality of Bayham Small Municipal Non-Residential Wells for the period ending September 30, 2007. File: E08 2007-599 Moved by W Casier Seconded by C Evanitski "THAT the Quarterly Report for the Municipality of Bayham Small Municipal Non-Residential Wells for the period ending September 30,2007 be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2007-600 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 9:40 p.m. to discuss personal matters about an identifiable individual, including municipal or local board employees." Disposition: Motion Carried Unanimously 2007-601 Moved by C Evanitski Seconded by M Taylor "THAT the Committee of the Whole do now rise from the"In Camera" session at 9:50 p.m." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Verbal report regarding personal matter. Council Minutes - 290 - November 1, 2007 12. BY-LAWS By-law Z553-2007 A By-law to further amend Bayham Zoning B/L Z456-2003 (Borm) No Action By-law Z554-2007 A By-law to further amend Bayham Zoning B/L Z456-2003 (DeCloet) By-law 2007-092 A By-law to further amend B/L 2006-034 (Bayham Tourism and Community Marketing Committee) By-law 2007-093 A By-law to appoint JGM Consulting as Closed Meeting Investigator By-law 2007-099 A By-law to authorize the execution of a Water Services Development Agreement with Louis and Dorothy Toth By-law 2007-100 A By-law to confirm all actions of Council 2007-602 Moved by C Evanitski Seconded by W Casier "THAT By-laws Z554-2007, 2007-092, 2007-093 and 2007-099 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2007-603 Moved by W Casier Seconded by M Taylor "THAT confirming By-law 2007-100 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2007-604 Moved by C Evanitski Seconded by M Taylor "THAT the Council meeting be adjourned at 9:51 p.m." Disposition: Motion Carried Unanimously 4-rn Set,a MAY `CLERK Date Approved: N(') . IVD 7