HomeMy WebLinkAboutSeptember 20, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Council Chambers
9344 Plank Road, Straffordville
Thursday, September 20, 2012
7:00 PM
Regular Council Public Meeting
7:30 p.m.—Public Meeting—Planning(Zoning)—Agricultural Amendments
7:45 p.m.—Public Meeting—Planning (Zoning)—Richmond Holding Zone
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
September 20,2012 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor
Mark Taylor, Councillors Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and
Clerk Lynda Millard.
Councillor Tom Southwick was absent.
Planning Coordinator/Deputy Clerk Margaret Underhill and Chief Building Official/Drainage
Superintendent Bill Knifton were in attendance to present their respective 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 September 6, 2012.
2012-454
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the minutes of the regular meeting held September 6, 2012 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Items-None
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. -David Roe, Civic Planning Solutions Inc., appointed Agent for Brent
Stewart regarding Stewart Consents E73-77/12. [Item 6.1(b)]
Mr. Roe explained that the lands to be severed to create five new residential lots are
designated"Specific Policy Area No. 4 -New England"with the retained lands
designated "Agriculture" in the Official Plan. In the previous Bayham Official Plan the
whole area was designated as "agricultural".
Page 1 of 12
Council Minutes September 20,2012
With the review of the OP, the area was recognized as being unique and was identified as
a settlement area comprised of commercial, residential and mobile home park properties.
Comments from the public at that time indicated they did not want to be designated
"hamlet"which would include further commercial development, but rather wanted only
residential development. The Ministry of Municipal Affairs and Housing compromised to
create a"special policy area"that allows the Land Division Committee to create five new
smaller residential lots.
Mr. Roe suggested that the proposal is complementary to the surrounding development
and the Long Point Region Conservation Authority will provide written comments in
support of the development, especially in regard to lot# 5, relative to top of bank and
watercourse requirements. He added that Council has the authority to create or adapt a
site specific zone to accommodate this particular situation.
Other than lot# five, Council raised concerns that the four lots to be created are too small
and may not accommodate a replacement septic system or water source should there be a
failure.
Mr. Roe advised that the applicant will be proceeding with a rezoning application prior to
severance.
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping,particularly along Plank Road, not necessarily being correct.
2. STATEMENTS BY COUNCIL
Councillor Casier noted that he had attended the Elgin Police Services Board meeting on
September 19 and was advised by the Commander that the Federal Government will no
longer fund two constables. This loss is in addition to the two that were earlier cut from the
local budget to save money.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
The Administrator advised that one test well contains significant nitrates and is not
suitable for use. The 2nd one has sodium issues,however may be blended with the initial
well to meet necessary criteria. Staff and the Engineer will be meeting with the MOE and
Public Health and,if they are satisfied, works may proceed and be completed within the
deadline.
(b) Acquisition/Disposition of land- Port Burwell Harbour
The Administrator advised that Small Craft Harbours has provided a response that will be
considered in closed session.
5. INFORMATION ITEMS
(a) Correspondence dated September 11, 2012 from SCOR Economic Development
Corporation regarding "2012 Annual Report". (full report available on request)
File: A01
Page 2 of 12
Council Minutes September 20, 2012
(b) Correspondence dated August 28, 2012 from CUPE regarding "12th Anniversary of
Awareness Day for Early Childhood Educators and Child Care Staff'.
File: A01
(c) Correspondence dated September 4, 2012 from Elgin St. Thomas Public Health
regarding "Healthy Communities Partnership".
File: A16
(d) Correspondence received from Active Elgin regarding "Active Elgin Day- September
29. 2012".
File: A16
(e) Correspondence dated September 11, 2012 from Minister Kathleen Wynne regarding
"Collective Bargaining Expectations and OPP Costs".
File: A16
(f) Correspondence dated September 6, 2012 from Andrea Doherty, Species at Risk
Biologist regarding "Comments Requested for Proposed Recovery Strategy for Eastern
Sand Darter".
File: D06
The Administrator noted that no concerns regarding dredging have recently been raised
regarding the species at risk.
(g) Elgin County OPP media release dated September 17, 2012 regarding Project
Eradication.
File: M06
2012-455
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT information items 5(a)through 5(g)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2012-041 regarding the County Draft Official Plan.
File: D08
Staff advised that the municipal planner's letter was submitted for consideration at the
public meeting. Three of the six areas of concern were addressed by resolution of County
Council and included in the adopted Official Plan submitted to the Ministry of Municipal
Affairs and Housing.
Subsequently,municipal staff and planner met again with the County planner to discuss
the remaining three items regarding secondary uses, settlement areas and agricultural lot
sizes.
2012-456
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT staff prepare a submission to request modifications to the County of Elgin
Adopted Official Plan as outlined in Staff Report D2012-041 in cooperation with
County planning staff."
CARRIED UNANIMOUSLY
Page 3 of 12
Council Minutes September 20, 2012
(b) Staff Memorandum D2012-05 and Report D2012-36 regarding Stewart Consent
Applications E73 - 77/12
File: D10
No action regarding Mr. Roe's delegation was taken on this item.
2. PUBLIC MEETING
2012-457
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"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. -Agricultural Amendments to Zoning By-law Z456-2003 to broaden uses
in agricultural areas and permit more "value-added"uses of right.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None
STAFF PRESENTATION
Staff Report D2012-039 regarding Agriculture Amendments to By-law Z456-2003.
File: D14
The Planning Co-ordinator noted that the proposed by-law revisions are those identified
by the Agricultural Advisory Group to broaden permitted uses in the agricultural areas of
the municipality and permit more value-added uses. Staff and the Planning Consultant
support the revisions.
PUBLIC COMMENTS
No written or verbal comments from the public were received.
COUNCIL COMMENTS AND QUESTIONS
None
ADJOURNMENT
2012-458
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the public meeting be adjourned at 7:35 p.m.
CARRIED UNANIMOUSLY
Page 4 of 12
Council Minutes September 20, 2012
DISPOSITION OF ITEM
2012-459
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Comprehensive Zoning By-law Z456-2003 be amended to broaden the
permitted uses in the agricultural areas of the Municipality and permit more
"value-added" uses as of right,while ensuring the scale of such uses remains small
in nature;
AND THAT Zoning By-law Z610-2012 be presented for enactment."
CARRIED UNANIMOUSLY
3. PUBLIC MEETING
2012-460
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the Planning Act."
CARRIED UNANIMOUSLY
PUBLIC MEETING
7:45 p.m. -Public Meeting-Richmond Holding Zone
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None
STAFF PRESENTATION
Staff Report D2012-040 regarding Hamlet of Richmond-Holding Provision.
File: D14
The Planning Co-ordinator advised that the proposed by-law amends the Zoning By-law
to place a Holding Symbol on all properties in the Hamlet of Richmond to prevent new
residential development until such time as an agreement with the municipality is in place
or conditons of severance to address impacts on the water system are addressed.
She noted that an emailed letter of support had been received from the Elgin St. Thomas
Public Health.
PUBLIC COMMENTS
No written comments from the public were received.
Mr. Max Ward questioned and the Administrator advised of the status of the water project as
noted in the update to the Richmond Community Water System under item 4.
COUNCIL COMMENTS AND QUESTIONS
None
Page 5 of 12
Council Minutes September 20,2012
ADJOURNMENT
2012-461
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:50 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2012-462
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Comprehensive Zoning By-law Z456-2003 be amended to apply a Holding
(h) symbol to all lands within the settlement area boundary of the Hamlet of
Richmond;
AND THAT Zoning By-law Z611-2012 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report PR2012-09 regarding "Road Closure Application- Saxton Road".
File: T09
The Administrator presented his report and advised that no comments from the public
that their lands would be prejudicially affected were received.
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct and did not support the resolution.
2012-463
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-law No. 2012-098,being a by-law to stop up, close and convey part of
the road allowance known as Saxton Road described as Part of Lots 3 and 4 in
Concession 1,geographic Township of Bayham,now Municipality of Bayham,in
the County of Elgin, designated as Parts 1 and 2 on Plan 11R-9534, be presented to
Council for enactment."
CARRIED
(b) Staff Report PR2012-10 regarding "Road Closure Application-Elgin Street".
File: T09
The Administrator presented his report and advised that no comments from the public
that their lands would be prejudicially affected were received.
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct and did not support the resolution.
Page 6 of 12
Council Minutes September 20,2012
2012-464
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-law No. 2012-099, being a by-law to stop up, close and convey the
unopened road allowance known as Elgin Street(formerly West Street) according
to Registered Plan 205 of the Municipality of Bayham,formerly Township of
Bayham,in the County of Elgin, designated as Part 1 on Plan 11R-9440,be
presented to Council for enactment."
CARRIED
(c) Staff Report PR2012-11 regarding "Road Closure Application- Concession 3 and 4,
Lot 6".
File: T09
The Administrator advised that the applicants are aware of the costs associated with the
application and acquisition of the lands and wish to proceed.
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct and did not support the resolution.
2012-465
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT staff be directed to initiate required procedures pursuant to the Municipal
notice by-law to close a portion of the unopened road allowance between
Concessions 3 and 4 in Lot 6,designated as Part 2 on Plan 11R-5255, provided the
applicants pay required expenses, and that upon closure of the road,the lands be
conveyed to the applicant at the appraised value."
CARRIED
(d) Staff Memorandum 2012-12 regarding County of Elgin Road Maintenance Agreement.
File: L04
The Administrator advised that the draft agreement follows a review by a joint committee
comprised of staff representatives from the County and other Elgin municipalities. It was
noted that staff have concerns regarding the new agreement proposed by County staff and
would appreciate additional time to provide comments.
2012-466
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council of the Municipailty of Bayham request that the County of
Elgin defer the deadline for submission of comments on the Road Maintenance
Agreements until October 18th, 2012 to allow further review of the document, and
submit any concerns and/or requests to County Council."
CARRIED UNANIMOUSLY
Page 7 of 12
Council Minutes September 20, 2012
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2012-021 regarding Vienna Community Centre Renovations and draft
minutes of the Community Centres Committee meeting held September 13, 2012.
File: A19VCC/C06
The Chief Building Official noted that changing the colour of paint applied would not
increase the proposed painting costs. There are sufficient funds in the Vienna Reserve
Fund to cover the additional costs recommended by the committee.
Committee Chairman,Wayne Casier, noted that the committee has discussed the options
and agree that deferral of the flooring and drywall replacement will allow Council to
budget additional monies and consider completion in 2013.
2012-467
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Council accepts the quote from Ed Matthews for repainting existing
painted surfaces at the Vienna Community Centre,with two coats of paint in the
basement,including stairwells, and in the upper hall,including stage,bar and cloak
room at a total cost of$9,892.63. plus HST;
THAT Council accepts the quote submitted by Carpet Department for floor
covering replacement of the front entrance stair treads and risers with brown Vinyl
stair treads at a cost of$1,100.20 plus HST;
THAT the costs for the painting of the existing painted surfaces and installing vinyl
stair treads on the main entrance stairs be drawn from the Vienna Community
Centre Reserve Fund;
AND THAT Council consider flooring installation in the basement and front and
back hallways and drywall installation on the basement walls in 2013."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#013095 to Cheque#013145 inclusive totaling
$56,974.77 and Payroll Disbursements for the period ending September 2, 2012
totaling $56,979.07.
2012-468
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#013095 to Cheque#013145 inclusive
totaling $56,974.77 and Payroll Disbursements for the period ending September 2,
2012 totaling $56,979.07 be approved."
CARRIED UNANIMOUSLY
Page 8 of 12
Council Minutes September 20, 2012
(b) Correspondence dated September 6, 2012 from EnviroSolutions regarding "Support for
Renewable Energy Production".
File: E06
The Administrator noted that no municipal approval of the proposed Biogas project is
required at this time, however, municipal support does provides the applicant with
additional points that affect the ranking of an application submitted to the Ontario Power
Authority.
Comments included that these projects provide economic benefits by supplying electrical
energy to the grid with minimal risk exposure,providing energy credits to producer and
waste by-products are improved for land use.
2012-469
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"WHEREAS Springerhill Farms Inc. proposes to construct and operate a Biogas
Fueled Power Generator on 53777 Talbot Line in the Municipality of Bayham
under the Province's FIT Program;
AND WHEREAS the applicant has requested that Council of the Municipality of
Bayham indicate by resolution Council's support for the construction and operation
of the Project on the Property;
AND WHEREAS,pursuant to the rules governing the FIT Program,Applications
whose Projects receive the formal support of local municipalities will be awarded
Priority Points, which may result in the Applicant being offered a FIT Contract
prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham supports without reservation the construction and operation of the Project
on the lands;
AND THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose of any
other form of municipal approval in relation to the Application or Project or any
other purpose."
CARRIED
(c) Staff Report F2012-19 regarding "Enabling Accessibility Fund".
File: Fl i
The Administrator noted that a Bayham Community Centre project application was
previously submitted. More than one application at a time can be submitted under this
program.
Council requested staff to seek information on the status of the previous application for
the next agenda and whether an additional application should be made prior to the
October 5th deadline.
Page 9 of 12
Council Minutes September 20,2012
2012-470
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff be authorized to prepare the necessary documentation for application
for accessibility improvements at the Vienna Community Centre under the
Enabling Accessibility Fund."
CARRIED UNANIMOUSLY
(d) Staff memorandum C2012-07 regarding Cemetery By-law Amendment.
File: S09
2012-471
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT By-law 2012-101 to amend Schedule "A" to Cemeteries By-law 2012-066 be
presented for enactment."
CARRIED UNANIMOUSLY
(e) Ojibwa Update-Report to Council, Extension of Guarantor Agreement.
The Administrator advised that the Elgin Military Museum is seeking an extension to the
Guarantor agreement September deadline. Vice-Chairman Lynn Acre and Museum
Director Ian Raven were in attendance.
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2012-472
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 8:55 p.m. to discuss:
• the security of the property of the municipality or local board;
• personal matters about an identifiable individual,including municipal or local
board employees;
• a proposed or pending acquisition or disposition of land by the municipality or
local board;
• litigation or potential litigation,including matters before administrative
tribunals, affecting the municipality or local board."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held September 6, 2012.
(c) Confidential Staff Memorandum dated September 12, 2012 regarding a property
standards by-law enforcement matter(litigation or potential litigation).
File: L00
Page 10 of 12
Council Minutes September 20,2012
(d) Confidential Staff Memorandum 2012-11 regarding acquisition/disposition of land
(Harbour Divestiture).
File: L07
(e) Confidential Report regarding an identifiable individual.
File: A21
(f) Confidential Report regarding the security of the property of the Municipality or local
Board(Project Ojibwa)
File: L04
(g) Out of Camera.
2012-473
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:45 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-law Z610-2012 A By-law to amend Z456-2003, as amended(Agricultural
Amendments).
(b) By-law Z611-2012 A By-law to amend Z456-2003, as amended(Richmond
Holding)
(c) By-Law 2012-098 A By-Law to stop up, close and convey part of road allowance
(Saxton Road)
(d) By-Law 2012-099 A By-Law to stop up, close and convey part of unopened road
allowance (Elgin Street)
(e) By-law 2012-101 A By-law to amend cemeteries management B/L 2012-066
(f) By-law 2012-102 A By-law authorizing purchase of property(Smuck Cemetery)
2012-474
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-laws Z610-2012,Z611-2012,2012-098, 2012-099, 2012-101 and 2012-102
be read a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(g) By-Law 2012-103 A By-Law to confirm all actions of Council
2012-475
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"That confirming By-Law 2012-103 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
Page 11 of 12
Council Minutes September 20, 2012
13. ADJOURNMENT
(a) Adjournment
2012-476
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 9:46 p.m."
CARRIED UNANIMOUSLY
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