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Home My WebLink AboutJuly 21, 2011 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road,Straffordville July 21,2011 7:00 PM 6:30 PM—Committee of Adjustment—Guetter 7:30,7:40 & 7:50 PM—Public Meetings—Planning(Zoning) The regular meeting of the Council of the Municipality of Bayham was held on Thursday,July 21,2011 in the Council Chambers. Present were Mayor Paul Ens,Deputy Mayor Mark Taylor, Councillors Tom Southwick,Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and Clerk Lynda Millard. Planning Coordinator/Deputy Clerk Margaret Underhill,Public Works Manager Gerry LeMay, Fire Chief/By-Law Enforcement Officer Gord Roesch and Water Wastewater Superintendent Ed Roloson were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:29 p.m.due to the Committee of Adjustment running late. 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 July 7,2011. 2011-328 Moved by Councillor T Southwick Seconded by Councilor E Ketchabaw "THAT the minutes of the regular meeting held July 7,2011 be approved as circulated." CARRIED UNANIMOUSLY 4. DELEGATIONS (a) 7:05 p.m. -Karen Cummings regarding Outback Camping RAM Rodeo Event. Item 9(b) It was noted that the delegation and item 9(b)requesting support for the Outback Camping event was withdrawn. (b) 8:00 p.m. -Drew Annable regarding AGM Estherville Cemetery Report. Item 9(c) Mr.Drew Annable presented his report and reviewed the investigation undertaken in determining the property boundary. He highlighted that the investigation looked at the whole history to when the property was first laid out on the ground in the early 1800's. Page 1 of 14 Council Minutes July 21,2011 He noted the creation of the Baptist cemetery lot in 1835 and the corner lot created in 1845. Other noted items and evidence cited were the highway widening surveyed in 1934,the 1973 survey done by Weston, a letter to the Clerk in 1967 that indicated two separate parcels, and the archaeological assessment done in 2008. Mr. Amiable reviewed his conclusion that the evidence shows two separate parcels have continued to exist with two different owners per the title documents,and that the east boundary of the cemetery has been confirmed, at the location of the existing fence. Questions were raised by members of Council regarding a number of items in the report and plan provided, including the use of an approximate lot line between lots 12 and 13 shown on the plan,and the approximate deed line for the westerly boundary of the cemetery lot. Concerns were raised regarding whether it was possible or appropriate to define only the east boundary of the cemetery and not all boundaries and that deeds do not show the change to parcels resulting from expropriation to move Plank Road. It was also noted that the report states that Council members participating in the interviews done were representing the Pilgrims of Estherville when they were not. Further concerns were expressed with the report defming only the east cemetery boundary when the issue is the movement of the highway boundary and that this should have been defined. Further inquiries were made regarding costs to complete a survey of the cemetery,the land registry process, and deed numbers shown on registry office records. 5. INFORMATION ITEMS (a) Ontario Good Roads Association board brief dated June 2011. File: A01 (b) Correspondence dated July 8,2011 from Association of Municipalities of Ontario regarding "2011 Ontario Provincial Election". File: A01 (c) Correspondence dated June 23,2011 from Lupus Foundation of Ontario regarding"October is Lupus Awareness Month". File: A01 (d) Correspondence dated June 17,2011 from Play Works regarding "2011 Youth Friendly Community Recognition Program". File: A01 (e) Correspondence from County of Elgin regarding "Elgin County Official Plan Open Houses". File: A 16 (f) Long Point Region Conservation Authority Board of Directors minutes of meeting held June 1,2011. File: A 16 (g) Elgin Group Police Services Board minutes of meetings held March 23 and May 18, 2011. File: C06 Page 2 of 14 Council Minutes July 21,2011 (h) Museums Bayham minutes of meeting held July 13,2011. File: C06 (i) Correspondence dated July 8,2011 from Township of Malahide regarding"County Maintenance Agreement and Fuel Surcharge Request". File: C10 (j) Lake Erie Region Source Protection Commitee minutes of meeting held June 16,2011. File: E00 2011-329 Moved by Councillor t Southwick Seconded by Councillor M Taylor "THAT information items 5(a)through 5(j)be received for information." CARRIED UNANIMOUSLY 6. PLANNING.DEVELOPMENT.RECREATION&TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2011-27 regarding"Grewal Rezoning to Remove Holding Provision". File: D14.GREW 2011-330 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the zoning of the lands subject to Consent Applications E65-68/09 submitted by Nariender Grewal be changed from Village Residential—Holding (Rl-h)to Village Residential(R1); AND THAT Zoning By-law Z588-2011 be presented for enactment." CARRIED UNANIMOUSLY (b) Staff Report D2011-29 regarding"Wiebe Consent E70/11". File: D10.11 Wiebe 2011-331 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Council recommend to the Elgin County Land Division Committee the consent application E70/11,submitted by Johan and Anna Wiebe,be granted subject to the following conditions: 1.copy of the final survey be provided to the municipality 2.Letter of Undertaking providing for the consolidation of the severed parcel with the adjacent property as per the application 3.rezoning of the severed and retained parcels." Page 3 of 14 Council Minutes July 21,2011 Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct and requested a recorded vote. In Favour Opposed Councillor Casier Deputy Mayor Taylor Mayor Ens Councillor Ketchabaw Councillor Southwick Motion Carried on a vote of 4 to 1 in favour 2. PUBLIC MEETING 2011-332 Moved by Councillor T Southwick Seconded by Councilor E Ketchabaw "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY PUBLIC MEETING 7:30 p.m. -Rezoning Application: to change the zoning on two parcels of land from Agriculture(Al-A)and Agriculture(Al)to site-specific Agricultural(A1-25/A1-A-25) submitted by Douglas and Cindy Dennis. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. STAFF PRESENTATION Staff Report D2011-30 regarding"Dennis Rezoning". File: D14.DENN The Planning Co-ordinator noted that the application is to accommodate the four existing dwelling units on the two properties only. The applicants will be responsible for obtaining any permits. She added that Mr. Douglas Dennis was present and advised that no written or verbal comments in opposition to the rezoning have been received. PUBLIC COMMENTS None. COUNCIL COMMENTS AND QUESTIONS None. Page 4 of 14 Council Minutes July 21,2011 ADJOURNMENT 2011-333 Moved by Councilor E Ketchabaw Seconded by Councillor T Southwick "THAT the Public Meeting be adjourned at 7:37 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2011-334 Moved by Councilor E Ketchabaw Seconded by Councillor T Southwick "THAT the zoning of the lands be changed from Agricultural(Al-A)and Agriculture(Al)to site-specific Agricultural(Al-A-25/A1-25)to permit a"Bed & Breakfast Lodging or Tourist Home"accommodation to support an agri-tourism use on the subject lands as requested by Douglas and Cindy Dennis; AND THAT Zoning By-law Z589-2011 be presented for enactment." CARRIED UNANIMOUSLY 3. PUBLIC MEETING 2011-335 Moved by Councilor W Casier Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY PUBLIC MEETING 7:40 p.m. -Rezoning Application: to change the zoning on 1.7 acre of land from Rural Residential(RR)to a site-specific Rural Residential(RR-16)Zone submitted by Roger and Cheryl Ann James. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. Page 5 of 14 Council Minutes July 21,2011 STAFF PRESENTATION Staff Report D2011-31 regarding"James Rezoning". File: D14.JAMES The Planning Co-ordinator noted that the application is to permit the existing home occupation to occupy within a future expanded accessory building. She added that the applicants were present and advised that no written or verbal comments in opposition to the rezoning have been received. PUBLIC COMMENTS None. COUNCIL COMMENTS AND QUESTIONS None. ADJOURNMENT 2011-336 Moved by Councillor E Ketchabaw Seconded by Councilor W Casier "THAT the Public Meeting be adjourned at 7:45 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2011-337 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the zoning of the lands be changed from Rural Residential(RR)to Site- specific Rural Residential(RR-16)Zone to permit an existing home occupation use into an accessory building and to add floor space to an existing accessory building for the use as requested by Roger and Cheryl Ann James; AND THAT Zoning By-law Z590-2011 be presented for enactment." CARRIED UNANIMOUSLY 4. PUBLIC MEETING 2011-338 Moved by Councilor T Southwick Seconded by Councillor E Ketchabaw Page 6 of 14 Council Minutes July 21, 2011 "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 7:50 p.m. -Rezoning Application: to change the zoning on 8.9 acres of land from Agricultural(Al)Zone to a site-specific Agricultural(A1-26)Zone submitted by Kathy Davis. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. STAFF PRESENTATION Staff Report D2011-32 regarding'Davis Rezoning". File: D14.DAVI The Planning Co-ordinator presented the report noting that comments had been received from the Long Point Region Conservation Authority.The property requires a permit, through which property use concerns will be addressed and will allow the existing structure to be raised to accommodate larger equipment access. The by-law has been amended to limit open storage of material to an area buffered 5 metres from the top of bank, as requested by the conservation authority. She advised that no written or verbal comments in opposition to the rezoning had been received. PUBLIC COMMENTS None. COUNCIL COMMENTS AND QUESTIONS Councillor Southwick questioned how restricted outdoor storage could be enforced. He was advised that rezoning cannot be repealed,rather that enforcement would be through the zoning or property standards by-laws. ADJOURNMENT 2011-339 Moved by Councilor E Ketchabaw Seconded by CouncillorT Southwick "THAT the Public Meeting be adjourned at 7:58 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM Page 7 of 14 Council Minutes July 21, 2011 2011-340 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the zoning of the lands be changed from Agriculture(Al)to Site-specific Agriculture(A1-26) Zone to permit a secondary use of a small-scale automobile and boat repair shop in the existing accessory building as requested by Kathy Davis; AND THAT Zoning By-law Z591-2011 be presented for enactment." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE &DRAINAGE (a) Staff Report PW2011-07 regarding "Semi Annual Report". File: T06 2011-341 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Staff Report PW2011-07 regarding Semi Annual Report be received for information." CARRIED UNANIMOUSLY (b) Staff Report DR2001-007 regarding"No. 1 Municipal Drain". File: E09 2011-342 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Drainage Superintendent's reassessment as set out in "Agreement between Property Owners for Drainage Apportionment due to Land Severance or Sale"as executed by Colin & Teresa Heckman is hereby filed and accepted by Council; AND THAT By-law#2011-058 being a By-law to amend the drainage assessment for those lands identified as Assessment Roll#34-01-000-003-33405 in the watershed of the No. 1 Municipal Drain referred to in Engineer's Report forming part of the Municipality of Bayham By-law#2009-112, be presented to Council for enactment." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING& PROTECTIVE SERVICES (a) Staff Report P2011-014 regarding"Optimist Noise Exemption". File: P01 Page 8 of 14 Council Minutes July 21, 2011 2011-343 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT Council approves use of the east beach by the Port Burwell/Otter Valley Optimist for Tub Daze celebration activities to be held July 29,30 and 31,2011, including a beer tent,subject to meeting the requirements of the Municipal Alcohol Policy including a minimum of six(6) STP trained personnel and two (2)off-duty Police Officers or equivalent being on site during all hours for which the beer tent is open and those listed on the Outdoor Special Occasion Permit Application, and also subject to: •the applicable municipal building permit,sign and/or tent permits be obtained from the Chief Building Official and the necessary inspection undertaken; • any required permit fees to be paid to the Municipality of Bayham, except for a tent; •providing the municipality with proof of certification for the pyrotechnician who will be responsible for the fireworks; •providing the municipality with proof of liability insurance to cover all events including naming the municipality as an additional insured; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief, as per completion of the Municipal Event Notice; THAT all other terms and conditions of the municipal rental agreement remain in effect; THAT the clean up of the east beach area and any costs thereof,be the responsibility of the organizers; THAT arrangements be made with the Manager of Public Works to provide staff assistance for installation of fence assembly and removal,picnic tables,garbage cans,9 portable washrooms and 2 wash stations; THAT the Manager of Public Works makes the necessary arrangements for traffic control and safety; AND THAT an exemption from By-Law 2001-057 for Friday July 29,2011 from 11pm until midnight, Saturday July 30,2011 from 11pm until midnight and Sunday July 31,2011 from 11 pm until midnight upon notification by the group that the ad has been placed in the local newspaper as required." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION&PERSONNEL (a) Cheque Register being Cheque#10711 to Cheque#10749 inclusive totaling $742,927.31 and Payroll Disbursements for the period ending July 10,2011 totaling $60,329.79. Page 9 of 14 Council Minutes July 21, 2011 2011-344 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor Taylor "THAT Cheque Register being Cheque#10711 to Cheque#10749 inclusive totaling $742,927.31 and Payroll Disbursements for the period ending July 10,2011 totaling $60,329.79 be approved." CARRIED UNANIMOUSLY (b) Correspondence dated July 6,2011 from Outback Camping regarding"RAM Rodeo". File: P01 This item was withdrawn. (c) Correspondence dated June 13,2011 from AGM Surveying-Engineering regarding "Estherville Cemetery". File: S09 2011-345 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT AGM Report regarding Estherville Cemetery be received for infomation." CARRIED (d) Memorandum regarding"Beach Concern/Issues". File: R05 Due to recent problems with the washrooms it was agreed that portables be kept available on the east beach. It was requested that staff get quotes to remove the shingles and repair the roof on the old change rooms building. Signage is to be placed for the designated swim area on the east beach. 2011-346 Moved by Councilor W Casier Seconded by Deputy Mayor M Taylor "THAT Memorandum regarding Beach Concern/Issues be received/for information." CARRIED UNANIMOUSLY (e) Verbal request from Trinity Anglican Church for 5 -6 picnic tables to be delivered to the Parish Hall for a fundraiser being held August 27. Page 10 of 14 Council Minutes July 21, 2011 2011-347 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT Staff be directed to deliver 5-6 picnic tables to the Parish Hall for August 27." CARRIED (1) Request from Museums Bayham to use the Public Works Building in Port Burwell to work on the Barn Quilts display. 2011-348 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT Museums Bayham be permitted to use the Public Works Building in Port Burwell to work on the Barn Quilts display." CARRIED UNANIMOUSLY (g) Land Use Planning Report received from IBI Group regarding Project Ojibwa. File: D06 2011-349 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT the Land Use Planning Report received from IBI Group regarding Project Ojibwa be received; AND THAT Council initiate the zoning by-law amendment to remove the Holding (H)symbol on the subject lands based on the review,analysis and recommendations of this Planning Study." CARRIED UNANIMOUSLY 2011-350 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT in accordance with Section 12 of Procedural By-law 2002-93,Council shall deal with business until 11 p.m. at its meeting of July 21,2011." CARRIED UNANIMOUSLY Page 11 of 14 Council Minutes July 21,2011 10. ENVIRONMENT (a) Quarterly Report for the Bayham Water Distribution System and call ins for period ending June 30,2011. File: E08 2011-351 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT the Quarterly Report for the Bayham Water Distribution System and call ins for period ending June 30, 2011 be received for information." CARRIED UNANIMOUSLY (b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the period ending June 30, 2011. File: E08 2011-352 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT the Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the period ending June 30,2011 be received for information." CARRIED UNANIMOUSLY (c) Quarterly Report for the Richmond Community Water System and call ins for the period ending June 30, 2011. File: E08 2011-353 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT the Quarterly Report for the Richmond Community Water System and call ins for the period ending June 30,2011 be received for information." CARRIED UNANIMOUSLY (d) Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary and call ins for the period ending June 30, 2011. File: E08 2011-354 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor Page 12 of 14 Council Minutes July 21,2011 "THAT the Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary and call ins for the period ending June 30,2011 be received for information." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2011-355 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 10:59 p.m.to discuss: • 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; • advice that is subject to solicitor-client privilege,including communications necessary for that purpose." CARRIED UNANIMOUSLY (b) Closed session minutes of the regular meeting of Council held June 16,2011. (c) Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (NRG) (d) Correspondence regarding a proposed or pending acquisition or disposition of land by the municipality or local board. (Harbour Divestiture) (e) Confidential Staff Report regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. (Outback Camping) (f) Out of Camera. 2011-356 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the Committee of the Whole do now rise from the "In Camera" session at 11:20 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law Z588-2011 A By-Law to further amend Bayham Zoning By-Law Z456- 2003 (Grewal) Page 13 of 14 Council Minutes July 21,2011 (b) By-Law Z589-2011 A By-Law to further amend Bayham Zoning By-Law Z456- 2003 (Dennis) (c) By-Law Z590-2011 A By-Law to further amend Bayham Zoning By-Law Z456- 2003 (James) (d) By-Law Z591-2011 A By-Law to further amend Bayham Zoning By-Law Z456- 2003 (Davis) (e) By-Law 2011-058 A By-Law to amend By-Law 2009-112 (No. 1 Municipal Drain) 2011-357 Moved by Councilor W Casier Seconded by Councillor T Southwick "THAT By-Laws Z588-2011,Z589-2011,Z590-2011,Z591-2011 and 2011-058 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY (fl By-Law 2011-066 A By-Law to confirm all actions of Council 2011-358 Moved by Councillor T Southwick Seconded by Councilor W Casier "That confirming By-Law 2011-066 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY • 13. ADJOURNMENT (a) Adjournment 2011-359 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT the Council meeting be adjourned at 11:22 p.m." CARRIED UNANIMOUSLY fa � �jj t1 OR CLERK Page 14 of 14