Loading...
HomeMy WebLinkAboutOctober 20, 2011 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville October 20,2011 7:00 PM 7:30PM& 7:40PM Public Meetings—Planning(Zoning) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, October 20,2011 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 Chief Building Official/Drainage Superintendent Bill Knifton were in attendance to present their respective reports. CALL TO ORDER 1. 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 October 6, 2011. 2011-474 Moved by Councilor E Ketchabaw Seconded by Councillor T Southwick "THAT the minutes of the regular meeting held October 6, 2011 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) 2011-475 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Report C2011-09 regarding ALUS Expansion Proposal-Potential Partnership be added to the agenda as item 9 (1)." CARRIED UNANIMOUSLY 4. DELEGATIONS None 5. INFORMATION ITEMS (a) Correspondence received from Thames Valley Education Foundation regarding "2001 - Page 1 of 12 Council Minutes October 20, 2011 2011 A Remarkable 10 Years -Enhancing Opportunities for Students". File: A 16 (b) Correspondence dated September 30, 2011 from Thames Valley District School Board regarding "2010-2011 Report to the Community". File: A16 (c) Bayham Historical Society minutes of meeting held September 8, 2011. File: C06 (d) Long Point Region Conservation Authority minutes of meeting held August 3,2011. File: C06 (e) Correspondence dated September 26, 2011 from County of Brant regarding "Commercial Grain Elevators". File: C10 (1) Correspondence dated October 12 &October 13,2011 from Ontario Provincial Police regarding "Drive Safe-Watch Out for Deer and Impaired Driving-Are You Getting the Message". File: P17 (g) Correspondence received October 17, 2011 from the Office of the Fire Marshall regarding "OFM Seminar: Essentials of Municipal Fire Protection for Municipal Decision Makers". File: P16 Deputy Mayor Taylor requested to be registered to attend the seminar. (h) Correspondence received from Elgin St. Thomas Public Health regarding "St. Thomas and Elgin County Community Influenza Clinics 2011". File: MO1 2011-476 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT information items 5(a)through 5(h)be received for information; AND THAT 5(e)be supported." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2011-47 regarding "Rates&Fees By-Law - Site Plan Agreement Fee". File: D11.Gen 2011-477 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT By-Law 2011-086, a by-law to amend By-Law 2005-102, being a by-law to impose Rates and Fees, be amended to include a $250.00 refundable deposit, and be presented to Council for enactment." CARRIED UNANIMOUSLY Page 2 of 12 Council Minutes October 20, 2011 (b) Staff Report D2011-50 regarding "Nasswetter Consent E104/11 Surplus Farm Dwelling". File: D10.11 Nasswetter 2011-478 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council recommend to the Elgin County Land Division Committee that consent application E104/11, submitted by John and Laurel Anne Nasswetter,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." 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 (c) Staff Report D2011-51 regarding "Agricultural Land Uses/Peters Proposed Bakery". File: D14 Staff noted there are province-wide concerns regarding acceptable secondary agricultural land uses and the term "value-added" for additional agricultural uses. A standard definition for"value added" is to be determined. The Planning Coordinator added the Provincial Policy Statement defines "agriculture-related uses" and "secondary uses" and supports defined additional uses. The Official Plan supports additional uses related to agriculture. The Zoning By-law is more restrictive and lists only those permitted uses as defined in the Al and A2 zone regulations. Staff explained the rezoning process provides opportunity for input from the community and neighbouring landowners for a specific proposal. Staff continued by saying site-specific zoning is used to address concerns such as size, location,noise, odour and number of employees, as well as, address potential negative effects to municipal services and infrastructure such as roads, drainage and fire services. Staff emphasized that rezoning does not preclude such uses, but ensures the impacts are considered and addressed where necessary. Regarding the previously discussed potential bakery on Light Line, staff recommended rezoning to address the site-specific use and stated the entire property is rezoned to permit the use with regulations to restrict it to the existing barn and there would be minimal impact on the property tax assessment. It was mentioned that in order for Public Health to approve the bakery operation,the property must be properly zoned. Page 3 of 12 Council Minutes October 20, 2011 Staff noted that Council can initiate changes to the Zoning By-law at any time or can discuss multiple changes at the time of the zoning by-law review currently included in the 2012 Budget considerations. Staff stated that Mr. Peters has the option to proceed with rezoning to permit the establishment of the bakery business or delay the bakery start-up until Council has considered any appropriate changes it may wish to incorporate into the zoning by-law. 2011-479 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2011-51 regarding Agricultural Land Uses/Peters Proposed Bakery be received for information." CARRIED UNANIMOUSLY 2. PUBLIC MEETING 2011-480 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 (a) PUBLIC MEETING 7:30 p.m. - Southwick Rezoning-to change the zoning on a parcel of land from Floodway(FW)Zone to the Floodfringe(FF) Zone submitted by Estate of Lloyd Southwick(Pat Southwick) DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None STAFF PRESENTATION Staff Report D2011-48 regarding "Southwick Rezoning". File: D14.SOUT The Planning Coordinator presented her report. She advised the Floodfringe(FF)Zone requires consultation with the Conservation Authority and approval by permit prior to the municipality issuing a building permit. She added the property is in the Floodfringe zoning and any new building must meet LPRCA regulations for placement and construction such as floodproofing requirements. She noted that no written comments or concerns from the public have been received. PUBLIC COMMENTS None COUNCIL COMMENTS AND QUESTIONS Page 4 of 12 Council Minutes October 20,2011 Councillor Casier asked and it was confirmed that there is a buildable envelope restricted to the northeast portion of the property large enough to accommodate a residential structure. ADJOURNMENT 2011-481 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 7:45 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2011-482 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the zoning of those lands located at Part of Block F,north side of Walnut Street,Registered Plan 54 in the village of Vienna, owned by the Estate of Lloyd Southwick be changed from Floodway(FW) to Floodfringe (FF); AND THAT Zoning By-Law Z596-2011 be presented for enactment." CARRIED UNANIMOUSLY 3. PUBLIC MEETING 2011-483 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 (a) PUBLIC MEETING 7:40 p.m. -Graydon Rezoning- Zoning by-law amendment application proposing the rezoning of property located at Part Lot 13, Concession 9, 56084 Talbot Line submitted by B &B Graydon Enterprises Ltd. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None STAFF PRESENTATION Staff Report D2011-49 regarding "Graydon Rezoning". File: D14.GRAY The Planning Coordinator presented her report. She explained that the A2 zoning currently on the property restricts any new residential building on the property. She explained the A2 Zone and the temporary zoning to permit the mobile home to remain was a condition of the 2006 Consent for a surplus farm dwelling from the same parcel. Page 5of12 Council Minutes October 20, 2011 The point was added that the temporary zoning expired in October 2010. Staff advised Council the applicant deferred this application in October 2010 to obtain legal opinion as to whether the existing mobile home has legal non-conforming status and his solicitor is of the opinion that it does. Council was advised that the municipal solicitor's opinion differs and that the history surrounding the original placement of the mobile home does not grant it legal non-conforming status. Staff continued by stating the granting of the zone change to permit a permanent residential use on the parcel would be contrary to the Provincial Policy Statement 2005. The Planning Coordinator noted that no written comments or concerns from the pubic have been received. She advised that David Roe, Planner and Lisa Gilvesy, solicitor for the applicant were present along with the applicant. PUBLIC COMMENTS Mr. Roe, agent for the applicant, presented his planning opinion, which he stated is based on the mobile home having legal non-conforming status. He stated that if deemed legal non- conforming that replacement of the mobile home with a permanent residence is allowable and makes sense. He referred to the written comments provided by the applicant's solicitor that stated in her opinion the mobile home is legal non-conforming. He noted that the applicant now wishes to replace the mobile home with a permanent dwelling. COUNCIL COMMENTS AND QUESTIONS Deputy Mayor Taylor suggested that potential residential taxes that would apply to the property should be considered in the decision. Administrator Kruger advised that residential assessment is the basis for taxes on one acre of farm property,the balance of the farm property is assessed at 25% of this rate. A temporary building for farm help is not assessed on the same basis. Deputy Mayor Taylor commented that after 30 years existence,the mobile home should be removed and replaced with a permanent dwelling. The Administrator reminded Council that another dwelling located on the property had earlier been deemed surplus to the farm needs, severed and the remaining property rezoned to restrict further residential development. The mobile home had been originally placed as a supplementary farm help dwelling and as a condition of consent was permitted to remain for an additional three-year term only to allow the existing tenant opportunity to find another place to live. Mayor Ens stated there was a condition to remove the mobile home by a specific date on the prior severance E106/06. The Planning Coordinator advised that once the severance was completed the mobile home was no longer supplementary to anything and that mobile homes are not intended to be primary residences,hence the temporary zoning approved by Council was only to allow the tenant to make alternate housing arrangements in the three year period. Page 6 of 12 Council Minutes October 20, 2011 Mayor Ens suggested the applicant should have appealed the condition of the consent if he didn't intend to remove the mobile home after three years. Councillor Ketchabaw commented that the mobile home had existed since the 1980's and he supports the rezoning. Councillor Southwick agreed with Mayor Ens that if the applicant hadn't agreed with the condition,the original severance may not have been approved. Councillor Casier added that mobile homes are meant for additional temporary seasonal farm help use,this is not the case as the primary residence was severed. He believes supporting the rezoning would be going against the intent of a previous Council decision that only allowed it to stay for three years. ADJOURNMENT 2011-484 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 8:10 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2011-485 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the rezoning application of those lands located in Concession 9 Part Lot 13 municipally known as 56084 Talbot Line, owned by B & B Graydon Enterprises Ltd., be refused." CARRIED 7. ROADS,AGRICULTURE & DRAINAGE (a) Correspondence dated October 14, 2011 from Straffordville(Lions) Santa Claus Parade Committee regarding "Annual Santa Claus Parade". File: T09 2011-486 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT the Council of the Municipality of Bayham approves the request by the Straffordville (Lions) Santa Claus Parade Committee to use streets within Straffordville for the Santa Claus Parade to be held Saturday,December 10,2011 at 10:30 a.m.,subject to the provision of proof of liability insurance coverage; THAT Old Chapel Street be temporarily closed during the parade; THAT the County of Elgin be requested for permission to use Plank Road and Heritage Line between 10:30 a.m. and 1:00 p.m.for the parade; Page 7 of 12 Council Minutes October 20, 2011 AND THAT the Bayham Public Works Manager be directed to provide the necessary provisions for traffic control and safety." CARRIED UNANIMOUSLY (b) Memorandum C2011-12 regarding "Legion Armistice Day Parade". File: T09 Mayor Ens indicated he would like to place a wreath at the Vienna Cenotaph as well as Port Burwell. 2011-487 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the Council of the Municipality of Bayham approves the request by the Royal Canadian Legion Port Burwell-Bayham Branch 524 for permission to use the streets within Port Burwell for the Armistice Day Parade to be held Sunday, November 6, 2011 at 2:00 p.m.,subject to the provision of proof of liability insurance coverage in the amount of$2 million; THAT Wellington,Robinson and Pitt Streets from the Legion to the Cenotaph be temporarily closed during the parade between 2:00 and 2:30 p.m.; THAT the County of Elgin be requested to approve use of Wellington Street from Victoria to Robinson; AND THAT the Bayham Public Works Manager be directed to provide the necessary provisions for traffic control and safety." CARRIED UNANIMOUSLY (c) Correspondence received October 17, 2011 from Bill Guenther regarding "No Parking Signs". File: T07 Staff noted the municipality has no issues with parking in this area and suggested there is no justification for any changes. It was requested that staff request the school board to review whether any on-site parking can be accommodated. 2011-488 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Council does not approve the request from Bill Guenther for no parking signs." CARRIED UNANIMOUSLY (d) Staff Report D2011-008 regarding "Mueller Drain Improvements". File: E09 The Drainage Superintendent advised that the Mueller Drain is too small to accommodate runoff that comes mainly from the road. Page 8 of 12 Council Minutes October 20,2011 2011-489 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council appoints Spriet Associates as the Engineers to make an examination of the drainage area regarding the Mueller Municipal Drain and prepare a preliminary report for Council's consideration." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING& PROTECTIVE SERVICES No items. 9. FINANCE,ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#011250 to Cheque#011343 inclusive,totaling $261,754.01 and Payroll Disbursements for the period ending October 2, 2011 totaling $50,925.48. 2011-490 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Cheque Register being Cheque#011250 to Cheque#011343 inclusive, totaling$261,754.01 and Payroll Disbursements for the period ending October 2, 2011 totaling$50,925.48 be approved." CARRIED UNANIMOUSLY (b) Correspondence dated October 13, 2011 from Vienna Lioness Club requesting use of Municipal sign regarding "Vienna Lioness Annual Christmas Craft Show and Treasure Hunt". File: C13 2011-491 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT Council grants permission to the Vienna Lioness Club to use the Municipal sign as requested, subject to Municipal needs." CARRIED UNANIMOUSLY (c) Staff Memorandum regarding "OPP Policing Costs". File: P17 Councillor Casier, local representative on the Elgin Police Services Board, commented that the recommendation made is believed to be the best option available. Councillor Southwick commented that Option(d),reducing the number of constables to 3.29 offers the least impact on the Bayham budget over the term of the contract. This will cost$250,000 over the current budget during the five year term. Page 9 of 12 Council Minutes October 20, 2011 2011-492 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Municipality of Bayham hereby agrees with the recommendation of the Elgin Group Police Services Board for a new five year contract for OPP services at an estimated annual policing cost of$5,860,043.00 representing a reduction of two full-time equivalent constables; AND THAT the Mayor and Clerk be authorized to sign the new agreement." CARRIED (d) Staff Report PW2011-16 regarding "County Road Maintenance Agreement/Funding". File: L04 2011-493 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the County of Elgin be advised that the Municipality of Bayham does not object to the proposed funding allocations as outlined in the letter dated July 27, 2011 from Warden Dave Mennill; AND THAT the Municipality continues to support the resolution relative to a new road maintenance agreement adopted September 1,2011." CARRIED UNANIMOUSLY (e) Staff Report C2011-08 regarding "Port Burwell Pier Redevelopment-Trillium Fund Application". File: F05 2011-494 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff and Harbourfront Committee members be authorized to make application to the Ontario Trillium Foundation for an east pier pavilion construction as outlined in Report C2011-08." CARRIED UNANIMOUSLY (1) ADDED ITEM Norfolk ALUS Expansion Proposal -Potential Partnership for Bayham File: F05 2011-495 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Municipality of Bayham support in principle the proposed ALUS Expansion Project as outlined by Ontario Nature and express interest in participating as a project site subject to confirmation of grant sources and municipal budget considerations." CARRIED UNANIMOUSLY Page 10 of 12 Council Minutes October 20, 2011 10. ENVIRONMENT (a) Staff Report E2011-06 regarding "Richmond Community Water Inc. System - Status Update". File: L04 2011-496 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT Staff be authorized to approach the MOE for extension to the deadline date for implementation of supply and treatment solutions for Richmond Community Water provided in the Order issued January 20,2010." CARRIED UNANIMOUSLY 2011-497 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "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 October 20,2011." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2011-498 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 10:30 p.m. to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board; CARRIED UNANIMOUSLY (d) Out of Camera. 2011-499 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 10:43 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law Z596-2011 A By-Law to further amend By-Law Z456-2003 (Southwick) (b) By-Law 2011-086 A By-Law to further amend By-Law 2005-102 (Imposing Rates and Fees) (c) By-Law 2011-087 A By-Law to authorize the execution of an agreement (Reid& Page 11 of 12 Council Minutes October 20, 2011 Deleye) (d) By-Law 2011-088 A By-Law to authorize the execution of an agreement (GIS/GPS Services) (e) By-Law 2011-089 A By-Law to authorize the execution of an agreement (East Elgin Concrete Forming Limited) 2011-500 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT By-Laws Z596-2011,2011-086,2011-087,2011-088 and 2011-089 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (fl By-Law 2011-090 A By-Law to confirm all actions of Council 2011-501 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "That confirming By-Law 2011-090 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2011-502 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 10:49 p.m." CARRIED UNANIMOUSLY .73.VzsTh teti YOR CLERK Page 12 of 12