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HomeMy WebLinkAboutSeptember 15, 2011 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville September 15, 2011 7:00 PM 7:30 PM Public Meeting—Planning(Zoning) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, September 15,2011 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, Public Works Manager Gerry LeMay, Fire Chief/By-Law Enforcement Officer Gord Roesch and Treasurer Denis Duguay were in attendance to present their respective reports. David Roe,planning consultant, agent for the applicants, commented on and responded to questions in regard to planning matters. 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 1, 2011. 2011-426 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the minutes of the regular meeting held September 1, 2011 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) There were no items added to the agenda. 4. DELEGATIONS- (a) 7:05 p.m. -Erica Arnett, Health Promotor,Elgin St. Thomas Public Health and Jackie Anger,YWCA St. Thomas Elgin regarding "Active Elgin". Erica Arnett introduced Jackie Anger of the YWCA. They presented a power point providing information on Active Elgin, a program established in 2008 through 2012, encouraging healthy activities and active lifestyle choices. On the website Page 1 of 12 Council Minutes September 15, 2011 www.activeelgin.ca and in the annual publication, individuals, organizations and businesses offering healthy recreational activities in the Elgin St. Thomas area are listed. They can list activities of interest to all ages for free and keep the website information up to date. Their publication and handouts offering free or discounted activities for Active Elgin Day on Saturday, September 17th were provided. 5. INFORMATION ITEMS (a) Correspondence dated September 1, 2011 from Ministry of Community Safety and Correctional Services regarding "Ontario Police College Tornado Fun Run". File: A01 (b) Bayham Community Centres Committee minutes of meeting held August 25, 2011. File: C06 (c) Bayham Historical Society minutes of meeting held June 9, 2011. File: C06 (d) Copy of letter dated August 23,2011 from Town of Petrolia to Town of Goderich regarding "resolution to donate funds to the Town of Goderich to assist with replacing trees lost in the tornado". File: C10 (e) Correspondence dated August 31, 2011 from Hastings County regarding "Escalating OPP Service Costs". File: C10 (f) Correspondence dated September 1, 2011 from the United Counties of Prescott and Russell regarding "Escalating OPP Service Costs". File: C10 2011-427 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT information items 5(a) through 5(1)be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION& TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2011-41 regarding "Tenk Consent E95/11". File: D10.11 TENK 2011-428 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Council recommend to the Elgin County Land Division Committee the consent application E95/11, submitted by Matthew and Marcie Tenk,be granted subject to the following conditions: 1. copy of the final survey be provided to the municipality 2. Road Access Permit 3. Sewer Services connection Permit Page 2 of 12 Council Minutes September 15,2011 4. $500 cash-in-lieu parkland dedication fee payable to the municipality 5. grading plan for the entire subject lands 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 CARRIED ON A VOTE OF 3 TO 1 IN FAVOUR (b) Staff Report D2011-42 regarding "Kutama Consent Application E83/11". File: D10.11 KUTAMA The Planning Co-ordinator noted that the septic field bed and accessory buildings are to be removed. She added that the existing field bed is located partially on both the severed and retained lands. Item 7 in the resolution was amended to add "and the existing field bed be decommissioned". 2011-429 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council recommends to the Elgin County Land Division Committee that severance application E83/11, submitted by F. Kutama,be granted subject to conditions: 1. water quantity testing report meeting the Provincial standards for the created lot 2. water quality testing report for nitrates and bacteria content meeting the Provincial standards for the created lot 3. $500 cash-in-lieu of parkland dedication fee 4. municipal lot assessment 5. lot grading plan 6. confirmation of permitted County Road access 7. retained land maintains adequate area to accommodate a private septic system to service the existing residence and the existing field bed be decommissioned 8. copy of the final survey 9. removal of two sheds from the proposed severed parcel 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 Councilor Casier Deputy Mayor Taylor Mayor Ens Councillor Ketchabaw Page 3 of 12 Council Minutes September 15,2011 CARRIED BY A VOTE OF 3 TO 1 IN FAVOUR (c) Staff Report D2011-43 regarding "Friesen Consent Application E5/11". File: D10.11 FRIESEN The Planning Co-ordinator advised that the consent application as previously supported by Council had not been approved by the Elgin County Land Division Committee but rather the applicant amended it to suit the Committee's request and returned for further municipal comment. The proposed severed lot has been reduced in size and now includes the existing dwelling, well, septic system, the woodburning furnace and the small barn. It was commented that the retained parcel will have no access off Light Line. The resolution was amended to add that"a road access permit on Light Line be obtained for the retained parcel". 2011-430 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Council recommends to the Elgin County Land Division Committee that severance application E5/11, submitted by Mark and Myra Friesen, be granted subject to conditions: 1. copy of the final survey be provided to the municipality 2. $500 cash-in-lieu of parkland dedication fee 3. rezoning of the severed and retained parcels 4. water quantity testing report meeting the Provincial standards for the retained dwelling 5. water quality testing report for nitrates and bacteria content meeting the Provincial standards for the retained dwelling 6. a road access permit on Light Line be obtained for the retained parcel." 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 Mayor Ens Councillor Casier Councillor Ketchabaw Deputy Mayor Taylor MOTION DEFEATED ON TIE VOTE OF 2 -2 (d) Staff Report D2011-44 regarding "Hiemstra Consent E91/11". File: D10.11 HIEMSTRA The Planning Co-ordinator advised that the industrial portion of this property has been the subject of an earlier minor variance and site plan agreement. Permanent access to the off-site fire pond to provide fire protection to the industrial lands will need to be confirmed. Page 4 of 12 Council Minutes September 15,2011 2011-431 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council recommend to the Elgin County Land Division Committee the consent application E91/11, submitted by Brian and Jeanette Hiemstra, be granted subject to the following conditions: 1. copy of the final survey be provided to the municipality 2. $500 cash-in-lieu parkland dedication fee payable to the municipality 3. confirmation of permanent access to the off-site fire pond required to provide fire protection to the industrial lands 4. water quantity testing report meeting the Provincial standards 5. water quality testing report for nitrates and bacteria content meeting the Provincial standards 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 MOTION CARRIED ON A VOTE OF 3 TO 1 IN FAVOUR (e) Staff Report D2011-46 regarding "Peters Consents E71/11 and E72/11". File: D10.11 PETERS The Planning Co-ordinator advised that the Peters' wish to develop a further five lots directly south of their recent five lot Plan of Subdivision. She noted that staff and the municipal planner agree that there are water quality and quantity, drainage and storm water management concerns to address. Mr. David Roe, agent for the applicant, noted his disagreement and confirmed, in his opinion, that the requirements of the Planning Act and the Provincial Policy Statements 2005 are being met in that it supports private servicing and qualifies as infilling. This is supported by recent approvals in the neighbouring municipalities of Norfolk,Brant and Oxford. He added that the engineering study would be completed should the application for consent be approved by the Land Division Committee. He suggested that the quantity and quality of potable water available is sufficient and lot sizes and the type of septic systems proposed are sufficient to address high nitrate levels. He also suggested the requirements of the new lots would be similar to those imposed on the plan of subdivision lots. Mr. Abraham Peters acknowledged that underground hydro servicing has been installed in preparation for these additional lots and he would be willing to include street lighting as Council requested. Page 5 of 12 Council Minutes September 15,2011 2011-432 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council recommend to the Elgin County Land Division Committee the consent applications E71/11 and E72/11,submitted by Abraham and Emma Peters, be granted subject to the following conditions: 1. Development Agreement 2. $500 cash in lieu of parkland dedication fee per lot 3. civic numbering for each lot 4. copy of the final survey be provided to the municipality 5. rezoning to remove the "holding" provision subject to other conditions." 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 MOTION CARRIED 3 TO 1 IN FAVOUR 2. PUBLIC MEETING (a) PREVIOUSLY DEFERRED FROM REGULAR COUNCIL MEETING HELD SEPTEMBER 1, 2011. 2011-433 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "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. -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-8) and Hazard Land zone. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. Page 6 of 12 Council Minutes September 15, 2011 STAFF PRESENTATION Staff Report D2011-45 regarding "Wintermute Rezoning". File: D14.W1NT A new report was presented by the Planning Co-ordinator for this item, deferred at the previous meeting of Council. She noted that the application and the by-law have been further revised to permit the proposed accessory building to have a maximum floor area of 80.19 m2 rather than the 93 m2 as previously requested. She confirmed that issues raised by Mr. Don Zerbes at the previous meeting had been resolved and that the applicant has provided a letter of intent to address removal of certain trees prior to construction. She advised that no written comments or objections from the public had been received. PUBLIC COMMENTS Mr. Don Zerbes, abutting property owner, confirmed that the applicant, Mr. Wintermute, has verbally addressed his concerns. COUNCIL COMMENTS AND QUESTIONS Councillor Casier asked whether the zoning could include the condition to remove the trees or would staff check to be sure the trees were cut prior to issuance of a building permit. The Planning Co-ordinator responded that the owner has submitted in writing his intent to do what is required to satisfy the neighbour's concerns. She added that rezoning couldn't be made conditional. ADJOURNMENT 2011-434 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 7:40 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2011-435 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the zoning of those lands located on Tollgate Road in Concession 4 Part Lot 21 owned by Brent Wintermute be changed from Estate Residential(ER-7) to Estate Residential(ER-8); AND THAT Zoning By-law Z595-2011 as amended be presented for enactment." CARRIED UNANIMOUSLY Page 7 of 12 Council Minutes September 15,2011 7. ROADS,AGRICULTURE & DRAINAGE (a) Staff Report PW2011-09 regarding "Purchase Truck Unit#3". File: TOO 2011-436 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff be directed to proceed with the purchase of 2012 International Dump Truck from Carrier Centres in London in accordance to the price submitted." CARRIED UNANIMOUSLY (b) Staff Report PW2011-11 regarding "Purchase GPS System". File: TOO 2011-437 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff be directed to proceed with the purchase of the GPS system from R.J. Burnside & Associates Limited in accordance to the price submitted." CARRIED UNANIMOUSLY (c) Staff Report PW2011-12 regarding "Winter Control Contracts 2011/2012". File: L04 2011-438 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff be authorized to confirm contract arrangements for Winter Control Services for the 2011-2012 season as outlined in the Attachement to Staff Report PW2011-12; AND THAT By-laws be prepared to confirm the renewal of Winter Control Contracts at the next meeting." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING& PROTECTIVE SERVICES (a) Building Permit Report for month ending August 31, 2011. File: P10 2011-439 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw Page 8of12 Council Minutes September 15, 2011 "THAT Building Permit Report for month ending August 31, 2011 be received for information." CARRIED UNANIMOUSLY (b) Staff Report P2011-019 regarding "Communications Agreement". File: L04 2011-440 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council is agreeable in principle to renewing the agreement with the Town of Tillsonburg for fire dispatch services effective July 2012 subject to the satisfactory negotiation of a new service agreement including costs,inflationary indexing and population adjustment." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#011044 to Cheque#011125 inclusive totaling $122,562.10 and Payroll Disbursements for the period ending September 4, 2011 totaling$58,838.20. 2011-441 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Cheque Register being Cheque#011044 to Cheque#011125 inclusive totaling$122,562.10 and Payroll Disbursements for the period ending September 4, 2011 totaling$58,838.20 be approved." CARRIED UNANIMOUSLY (b) Staff Report F2011-14 regarding "Financial Report". File: F03 Council indicated an interest in undertaking 2012 budget discussions as early as mid November. 2011-442 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report F2011-14 regarding Financial Report be received for information." CARRIED UNANIMOUSLY Page 9 of 12 Council Minutes September 15, 2011 (c) Staff Report F2011-15 regarding "Enabling Accessibility Fund". File: F11 It was suggested that installation of a sound system in Council Chambers be considered for next year. 2011-443 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff be authorized to prepare the necessary documentaion for application for accessibility improvements at the Straffordville Community Centre and Straffordville Branch Library and a sound system for Council Chambers under the Enabling Accessibility Fund." CARRIED UNANIMOUSLY 10. ENVIRONMENT 11. COMMITTEE OF THE WHOLE (a) In Camera. 2011-444 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 9:55 p.m. to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board; • labour relations or employee negotiations; • 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 August 18, 2011. (c) Confidential Report regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. (Backhoe purchase) (d) Confidential Item regarding labour relations or employee negotiations. (Personnel Matter) (e) Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board. (Harbour Divestiture) (0 Out of Camera. 2011-445 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Page 10 of 12 Council Minutes September 15, 2011 "THAT the Committee of the Whole do now rise from the "In Camera" session at 10:45 p.m." CARRIED UNANIMOUSLY 2011-446 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT the Municipality purchase the Case backhoe from Strongco in the approximate amount of$85,874.35 inclusive of taxes and trade-in allowances." CARRIED UNANIMOUSLY 2011-447 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Stantec Consulting Ltd.be retained to conduct a Peer Review for the Port Burwell harour area, as outlined in their proposal dated September 9, 2011, subject to confirmation of funding from Small Craft Harbours." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law Z595-2011 A By-Law to further amend By-Law Z456-2003 (Wintermute) 2011-448 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT By-Law Z595-2011 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (b) By-Law 2011-077 A By-Law to confirm all actions of Council 2011-449 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "That confirming By-Law 2011-077 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY Page 11 of 12 Council Minutes September 15, 2011 13. ADJOURNMENT (a) Adjournment 2011-450 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council meeting be adjourned at 10:47 p.m." CARRIED UNANIMOUSLY MA OR CLERK Page 12 of 12