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HomeMy WebLinkAboutSeptember 01, 2011 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville September 01,2011 7:30 p.m. 7:30 p.m. & 7:40 p.m.Public Meetings-Zoning The regular meeting of the Council of the Municipality of Bayham was held on Thursday, September 1,2011 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 and Fire Chief/By-Law Enforcement Officer Gord Roesch,were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:30 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 August 18,2011. 2011-404 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the minutes of the regular meeting held August 18,2011 be approved as circulated." CARRIED (b) Added Item(s) 2011-405 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT in accordance with Section 21 of Procedural By-law 2002-93,request to discuss how the infrastructure project was billed out,and letter regarding project Ojibwa sent by St.Thomas Mayor to Honorable Peter MacKay be added to the agenda as items 9(d)and 9(e) respectively." CARRIED UNANIMOUSLY 4. DELEGATIONS Page 1 of 10 Council Minutes September 01,2011 5. INFORMATION ITEMS (a) Correspondence from Correctional Service Canada regarding"Restorative Justice Week 2011". File: A01 (b) Correspondence dated August 23, 2011 from Canadian Union of Public Employees regarding "Awareness Day". File: A01 (c) Correspondence from Ministry of the Environment regarding"Notice of Approval of Amendments to the Municipal Engineers Association Municipal Class Environmental Assessment". File: A16 (d) Bayham Harbourfront Committee minutes of meetings held July 19 and August 16, 2011. File: C06 (e) Museums Bayham minutes of meeting held August 10, 2011. File: C06 (f) Copy of correspondence dated August 12, 2011 from Town of Ingersoll to Honourable Jim Bradley regarding"Transfer of Authority of Vehicle Impoundments". File: C10 (g) Correspondence dated August 10, 2011 from City of Belleville regarding "OPP Service Costs". File: C10 (h) Copy of correspondence dated August 22,2011 from Municipality of Brockton to Premier Dalton McGuinty regarding"OPP Wage Settlements and Contract Negotiations". File: C10 (i) Correspondence dated August 17,2011 from County of Lennox and Addington regarding "OPP Service Costs." File: C10 co Copy of resolution passed August 17,2011 by Municipality of Neebing regarding "OPP Service Costs". File: C10 (k) Copy of correspondence dated August 9, 2011 sent to Premier Dalton McGuinty and Commissioner Chris Lewis from County of Peterborough regarding"OPP Service Costs". File: C10 (1) Correspondence dated August 25,2011 from Township of St.Joseph regarding "OPP Service Costs". File: C10 (m) Correspondence dated August 18,2011 from Elgin Group Police Services Board regarding "Police Services Contract". File: C10 (n) Correspondence dated August 29,2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". File: C13 Page 2 of 10 Council Minutes September 01, 2011 (o) Correspondence dated August 12,2011 from Statistics Canada regarding "2011 Census and National Household Survey". File: M04 (p) Correspondence dated August 28,2011 from John Sebok regarding "Noise From Bayham". File: P01 2011-406 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT information items 5(a)through 5(p)be received for information; AND THAT item 5(0 be supported." CARRIED UNANIMOUSLY 2011-407 Moved by Councillor T Southwick Seconded by Councilor E Ketchabaw "THAT the Council of the Municipality of Bayham supports the petition to the Legislative Assembly of Ontario regarding Chronic Lyme Disease." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION&TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2011-36 regarding"Bonn(ETBO) Site Plan Agreement Amendment". File: L04.BORM 2011-408 Moved by Councillor T Southwick Seconded by Councilor W Casier "THAT By-law No.2011-074,being a By-law to authorize the execution of an amended Attachment"C"to the Site Plan Agreement with Etienne&Marie-Louise Borm,be presented to Council for enactment." CARRIED UNANIMOUSLY (b) Staff Report D2011-37 regarding"Bogart Consent E82/11". File: D 10.11 BOGART 2011-409 Moved by Councilor E Ketchabaw Seconded by Councillor W Casier "THAT Council recommend to the Elgin County Land Division Committee the consent application E82/11,submitted by Jeffrey Mark Bogart,be granted subject to the following conditions: 1.copy of the final survey be provided to the municipality Page 3 of 10 Council Minutes September 01,2011 2.Letter of Undertaking providing for the consolidation of the severed parcel with the adjacent property as per the application 3. rezoning of the proposed newly merged lands to conform to the Zoning By-law requirements." 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 Mayor Ens Councillor Ketchabaw Councillor Southwick Deputy Mayor Taylor CARRIED on a vote of 4 to 1 in favour (c) Staff Report D2011-40 regarding"Hiemstra Site Plan Agreement/By-Law 2011-075". File: Dl1.HIEM 2011-410 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT By-law No. 2011-075, being a By-law to authorize the execution of a Site Plan Agreement with Brian and Jeanette Hiemstra and the Municipality of Bayham be presented for enactment." CARRIED UNANIMOUSLY 2. PUBLIC MEETING 2011-411 Moved by Councillor W Casier Seconded by Councillor T Southwick "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. -Best Line Farms/Vanleeuwen Surplus Farm Dwelling Rezoning -to change the zoning on a parcel of land from Agricultural(Al)Zone to a Special Agricultural(A2)Zone and to a site-specific Rural Residential(RR-17)Zone. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. Page 4 of 10 Council Minutes September 01,2011 STAFF PRESENTATION Staff Report D2011-38 regarding"Best Line Farms/Vanleeuwen Surplus Farm Dwelling Rezoning". File: D14.BEST The report was presented by the Planning Co-ordinator. She advised that no written comments or objections from the public had been received. PUBLIC COMMENTS None. COUNCIL COMMENTS AND QUESTIONS None. ADJOURNMENT 2011-412 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the Public Meeting be adjourned at 7:37 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2011-413 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the zoning of those lands located on Best Line in Concession 10 Lot 9 owned by Best Line Farms and Antonia VanLeeuwen,subject to Elgin County Land Division Consent Application E13/11,be changed from Agricultural(Al-A)to Special Agricultural(A2) on the retained parcel and Site-Specific Rural Residential (RR-17) Zone on the severed parcel to permit the severance of a surplus farm dwelling; AND THAT Zoning By-law Z594-2011 be presented for enactment." CARRIED UNANIMOUSLY 3. PUBLIC MEETING 2011-414 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY Page 5of10 Council Minutes September 01,2011 PUBLIC MEETING 7:40 p.m. -Wintermute Rezoning-to change the zoning on a parcel of land by adding additional regulations pertaining to 'Accessory Buildings,maximum floor area'to the site specific Estate Residential(ER-7)and Hazard Land zone. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. STAFF PRESENTATION Staff Report D2011-39 regarding"Wintermute Rezoning". File: D14.WINT The report was presented by the Planning Co-ordinator. She noted that the zoning designation is being changed to ER-8 rather than ER-7 as indicated in her report. The rezoning will permit the proposed accessory building to have a maximum floor area of 93 m2 rather than the 55m2 currently permitted. She confirmed that amendments are included for site-specific regulations regarding minimum side yard and rear yard setbacks from top-of-bank of 4.0 metres and 8.0 metres respectively, as required by LPRCA. She advised that no written comments or objections from the public had been received. PUBLIC COMMENTS Don Zerbes, abutting property owner,raised concerns regarding potential damage to nearby trees during excavation for the proposed building, causing them to die and fall on his house. He suggested the trees should be removed prior to excavation. He is also concerned about storm water runoff causing erosion on his property. He questioned the property boundary and the accuracy of the mapping provided by the applicant. COUNCIL COMMENTS AND QUESTIONS Councillor Casier asked whether the building could be placed closer to the applicant's house and questioned the accuracy of the mapping. Staff confirmed that the building could be placed closer to the house adding that the survey provided indicates the top of bank. Councillor Ketchabaw suggested Staff meet with the applicant to address tree removal and storm water drainage concerns. DM Taylor agreed that comments from the applicant regarding the trees should be obtained. It was agreed that staff seek clarification regarding concerns raised. ADJOURNMENT 2011-415 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 7:55 p.m." Page 6 of 10 Council Minutes September 01,2011 CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2011-416 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick THAT Zoning application D14,Wintermute, be deferred to the next meeting of Council, September 15,2011." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE&DRAINAGE 8. PROPERTY.BUILDING& PROTECTIVE SERVICES (a) Staff Report P2011-016 regarding"Semi Annual Report-By-Law". File: P01 2011-417 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Staff Report P2011-016,regarding the 2011 Semi-Annual Report-By-Law be received for information." CARRIED UNANIMOUSLY (b) Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 2011-418 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT Staff Report P2011-017 regarding the 2011 Semi Annual Report for the Bayham Fire and Emergency Services be received for information." CARRIED UNANIMOUSLY (c) Photos of the Railway Building at the Corinth Park regarding "Vandalism and Safety Concerns". File: R04 Vandalism, safety concerns and the condition of the building were discussed. It was suggested that the building may not be adequate for the intended purpose. Staff was directed to arrange a public meeting in the Corinth area to obtain input regarding both the railway building and the proposed pavilion. (d) Correspondence from By-Law Review Committee regarding"Property Standards and Gardens By-Law Survey". File: P01 Page 7 of 10 Council Minutes September 01,2011 2011-419 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT Council approves release of the survey prepared by the By-Law Review Committee." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION&PERSONNEL (a) Cheque Register being Cheque#10989 to Cheque#11043 inclusive totaling $210,530.97 and Payroll Disbursements for the period ending August 21,2011 totaling $59,827.31. 2011-420 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Cheque Register being Cheque#10989 to Cheque#11043 inclusive totaling $210,530.97 and Payroll Disbursements for the period ending August 21,2011 totaling$59,827.31 be approved." CARRIED UNANIMOUSLY (b) Staff Report PW2011-09 regarding"County Road Maintenance Agreement/Funding". File: L04 2011-421 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the current escalation of the lump sum payments under County of Elgin Road Maintenance Agreement being based on the Consumer Price Index(CPI)for Ontario(All goods)be supported; THAT the implementation of an additional invoicing system,upon acceptance of the new agreement,for major maintenance activities be supported subject to the establishment of agreed upon service levels that clearly delineate the responsibilities of both the local municipality and the County insofar as they relate to maintenance of the road network vs.capital improvements,and further,that such service levels be appended as a schedule to the new Agreement; THAT the Municipality of Central Elgin being considered as a pilot/test site for the use of unit price/invoice system of compensation for the maintenance of County of Elgin roads continue to be supported; AND THAT the term of the new agreement be no more than 5 years in order to permit a comprehensive review and consider the feasibility of implementing an invoice system of payment once the pilot/test has been completed by the Municipality of Central Elgin." CARRIED UNANIMOUSLY Page 8 of 10 Council Minutes September 01,2011 (c) Correspondence dated August 18,2011 from Otter Valley Naturalists regarding "Municipal Beach Improvement Project-Request for Municipal Charitable Receipt". File: C13 2011-422 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Council approves request from Otter Valley Naturalists to issue a charitable receipt for funds to the Municipal Beach Improvement Project." CARRIED UNANIMOUSLY (d) Request to discuss how the infrastructure project was billed out. Discussion of water infrastructure billing concerns Concerns raised by the owner of a recently constructed house regarding invoicing for water infrastructure works were discussed. Staff was directed to meet with the individual to explain the methodology and principle for recouping the costs associated with the project. (e) Correspondence dated August 31,2011 sent to the Honorable Peter MacKay,Minister of National Defence regarding status of the Ojibwa project by Mayor Heather Jackson- Chapman of St. Thomas. Following discussion of the correspondence,there was consensus that staff prepare a letter to the Minister regarding concerns and delays to the project for circulation to other municipalities for suport. 10. ENVIRONMENT 11. COMMITTEE OF THE WHOLE 12. BY-LAWS (a) By-Law Z594-2011 A By-Law to further amend By-Law Z456-2003 (Best Line Farms/VanLeeuwen) (b) By-Law Z595-2011 A By-Law to further amend By-Law Z456-2003 (Wintermute) (c) By-Law 2011-072 A By-Law to further amend By-Law 2011-001 (appointing members to boards and committees) (d) By-Law 2011-074 A By-Law to authorize the execution of an agreement (Borm/ ETBO) (e) By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra/Wieler's Furniture Gallery) 2011-423 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier Page 9 of 10 Council Minutes September 01,2011 "THAT By-Laws Z594-2011,2011-072,2011-074 and 2011-075 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (fl By-Law 2011-076 A By-Law to confirm all actions of Council 2011-424 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "That confirming By-Law 2011-076 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2011-425 Moved by Councillor W Casier Seconded by Councilor E Ketchabaw "THAT the Council meeting be adjourned at 9:25 p.m." CARRIED UNANIMOUSLY /4'1 tlietA AYOR CLERK K Page 10 of 10