HomeMy WebLinkAboutJune 15, 2006 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday June 15, 2006
7:00 p.m.
7:30, 7:45 & 8:00 p.m. -Public Meetings
The regular meeting of the Council of the Municipality of Bayham was held in Council Chambers.
Present were Mayor Lynn Acre, Deputy Mayor Mathew Schafer, Councillors Mark Taylor, Paul Ens
and Cliff Evanitski, Administrator Kyle Kruger and Clerk Lynda Millard. Planning Co-ordinator
Margaret Underhill, Treasurer Suzanna Mantel, Public Works Superintendent Bob Bartlett and Drainage
Superintendent Dwayne Daniel were in attendance to present their respective reports.
1. CALL TO ORDER& PRESENTATION
Mayor Acre called the meeting to order at 7:00 p.m.
The Mayor invited Kelvin Vaughan forward and presented him with a gold watch in recognition
of his 25 years of service with the Bayham Fire Department, Straffordville Station from which he
recently retired.
Mr. Vaughan responded with a few words of appreciation to the Mayor, Council, volunteer
firefighters and others present.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
There was no disclosure.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held June 1, 2006
Minutes of the Special Meeting of Council held June 7, 2006
Minutes of the Public Meeting regarding water/sewer rates held June 8, 2006
2006-347 Moved by M Taylor
Seconded by M Schafer
"THAT the minutes of the regular meeting of Council held June 1, 2006 be approved as
circulated."
Disposition: Motion Carried Unanimously
Council Minutes - 154 - June 15, 2006
2006-348 Moved by M Taylor
Seconded by C Evanitiski
"THAT the minutes of the special meeting held on June 7,2006 be approved as circulated."
Disposition: Motion Carried Unanimously
2006-349 Moved by P Ens
Seconded by M Schafer
"THAT the minutes of the public meeting regarding water/sewer rates held June 8, 2006 be
approved as circulated."
Disposition: Motion Carried Unanimously
ADDITION OF AGENDA ITEMS
2006-350 Moved by M Taylor
Seconded by M Schafer
"THAT in accordance with Section 21 of Procedural By-law 2002-93,discussion regarding
Canada Day parade in Port Burwell and an Environmental Opportunity to partner with
the Township of Malahide and East Elgin Secondary School Environmental Sciences Class
to clean up the North Shore of Lake Erie be added to the agenda as item(s) 7.1(g) and
10.1(g),respectively."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—John Scott. Graham Scott Ens, Chartered Accountants was in attendance to
present the audited financial statements for the year 2005. Mr. Scott noted that the audit
indicated the financial records to be in order for 2005 and that due to the receipt of unexpected
grant finds a surplus of$120,933 was created. Item 9.1(b)
(b) 8:15 p.m. —David Roe, Planning Consultant was in attendance regarding the McLaughlin
Rezoning application and advised that the Traffic Study requested has been completed and
forwarded to IBI Group, the Municipality's planning consultant, for comment.
He suggested additional alternative uses for the building be considered to provide the owner with
more flexibility. Mr. Roe advised that an amended application to rezone to Industrial/
Commercial is to be submitted and requested a new Public meeting be held.Item 6.1(e)
Council Minutes - 155 - June 15, 2006
5. INFORMATION ITEMS
2006-351 Moved by C Evanitski
Seconded by M Taylor
"THAT information items 5(a) through 5(j) be received for information."
Disposition: Motion Carried Unanimously
(a) Member Communication FYI from the Association of Municipalities of Ontario (AMO) dated
May 31, June 6 and June 8, 2006 regarding"AMO Report on Brownfields Redevelopment Now
Online", "AMO Supports McGuinty's Fiscal Imbalance Efforts" and "MOE Improves Drinking
Water Regulation 170."
File: A01
(b) Correspondence from the Canadian Federation of Independent Business dated May 24, 2006
regarding their survey of Ontario's municipal leaders.
File: A01
(c) Invitation from the Board of Directors & Staff of Tillsonburg& District Multi-Service Centre to
their 28th Annual General Meeting on June 22, 2006.
File: A01
(d) The June 2006 issue of the Thames Talbot Land Trust newsletter"the TaTTler".
File: M07
(e) Correspondence from the Regional Municipality of York dated May 26, 2006 regarding the
Family Physician Shortage.
File: C10
(f) Governments of Canada, Ontario and the City of Hamilton news release dated June 2, 2006
regarding"Affordable Housing Project for Seniors Opens in Hamilton."
File: M06
(g) Correspondence from Mac Harb, Senate of Canada dated May 18, 2006 regarding a motion for a
Smoke-Free Canada.
File: A16
(h) Spring Issue of the Alzheimer Advocate. (Also invitation to Annual General Meeting June 26th)
File: M07
(i) Bayham Historical Society minutes of meeting held on May 11, 2006.
File: C06
(j) Spring 2006 Issue of Lifestyle Link.
File: S06
Council Minutes - 156 - June 15, 2006
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
I. CORRESPONDENCE&REPORTS
(a) Staff Report D2006-034 regarding a Beausoleil Severance(598013 Ontario Ltd.)
File: D10.06
2006-352 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2006-034 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance applications E35/06, E36/06, E37/06 and E38/06, submitted by 598013 Ontario
Ltd.,be approved subject to:
1. $500 cash-in-lieu for each created lot
2. rezoning to remove the"holding"provision
3. grading plan provided for each created lot
4. copy of the final survey be provided to the municipality."
Disposition: Motion Carried Unanimously
(b) Correspondence from the College of Physicians and Surgeons of Ontario dated June 1,
2006 regarding access to family physicians in Ontario.
File: S08
2006-353 Moved by M Taylor
Seconded by C Evanitiski
"THAT the correspondence from the College of Physicians and Surgeons of Ontario
dated June 1,2006 regarding access to family physicians in Ontario be received and
copied to the Bayham Community Health Action Committee for information."
Disposition: Motion Carried Unanimously
(c) Norfolk County Notice of Public Meeting on Tuesday, June 27, 2006 regarding the
proposed Norfolk County Improvement Plan.
File: A16
Council Minutes - 157 - June 15, 2006
2006-354 Moved by M Schafer
Seconded by M Taylor
"THAT the Norfolk County Notice of Public Meeting on Tuesday,June 27,2006
regarding the proposed Norfolk County Improvement Plan be received for
information."
Disposition: Motion Carried Unanimously
(d) Correspondence dated May 15, 2006 from Deb Travis,Recreation Society&Paul Vyse,
Port Burwell/Ottervalley Optomist Club regarding Port Burwell Tub Daze.
File: R06
2006-355 Moved by M Taylor
Seconded by C Evanitiski
"THAT the correspondence dated May 15, 2006 from Deb Travis,Recreation
Society& Paul Vyse, Port Burwell/Ottervalley Optimist Club regarding Port
Burwell Tub Daze activities be received;
AND THAT Council approves use of the east beach by the Port Burwell Recreation
Society and the Otter Valley/Port Burwell Optimist Club for Tub Daze celebration
activities to be held August 4, 5 and 6, 2006,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 and/or sign permit be obtained from the Chief
Building Official and the necessary inspections undertaken;
• any required permit fees 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 Public Works Superintendent to provide Staff
assistance for installation of fence and stage assembly and removal;
Council Minutes - 158 - June 15, 2006
THAT the Public Works Superintendent make the necessary arrangements for traffic
control and safety;
THAT for purposes of Section 7 of Noise By-law No. 2001-57, as amended and the
acquisition of an Outdoor Special Occasion Permit, this event is designated as a
Community Festival;
AND THAT the Notice of Intention to seek exemption from the Noise By-law be
published by the organizers in a local newspaper prior to consideration for approval
at the next Council meeting to be held July 13th."
Disposition: Motion Carried Unanimously
(e) Staff Report D2006-033 regarding McLaughlin Rezoning&Traffic Study
File: D14
2006-356 Moved by C Evanitiski
Seconded by M Taylor
"THAT Staff Report D2006-033 be received;
AND THAT the applicants submit their amended rezoning application with supporting
documentation for consideration at a second advertised public meeting."
Disposition: Motion Carried Unanimously
(f) Staff Report D2006-029 regarding Griesbach Severance E54/05
File: D10.05
2006-357 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report D2006-029 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E54105, submitted by Robert Griesbach and Christina Anton-
Griesbach, be approved subject to:
1. a development agreement with the municipality for access and for the provision
of municipal services to the proposed severed lot
2. $500 cash-in-lieu payment to the municipality for one created lot
1 rezoning to remove the holding provision
4. copy of the final survey be provided to the municipality."
Disposition: Motion Carried Unanimously
Council Minutes - 159 -- June 15, 2006
(g) Correspondence dated June 2 and 9, 2006 from the Port Burwell Legion Branch 524 regarding
access to Nevada lottery funds. (Additional information was circulated to Council by staff)
File: P09
2006-358 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Memorandum C2006-014 be received;
AND THAT Council approves of the Royal Canadian Legion Branch 524
designating 23% of the net lottery proceeds to the branch's building maintenance
and general operating costs for a period of one year from their next municipal
lottery license issue date;
AND THAT the allowable percentage be reviewed by the licensing authority prior
to the one year expiry."
Disposition: Motion Carried Unanimously
(h) Staff Report D2006-035 regarding Eden Golf Club Site Plan Agreement and Rezoning to
Remove Holding Symbol.
File: D11/D14
2006-359 Moved by M Taylor
Seconded by C Evanitski
THAT Staff Report D2006-035 be received;
AND THAT By-law No.2006-064,being a By-law to authorize the execution of a site plan
agreement with Richard and Nell Haayema,Eden Golf Club, be presented to Council for
enactment;
AND THAT Zoning By-law Z529-2006 to remove the Holding provision be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
6.2 PUBLIC MEETINGS
2006-360 Moved by M Taylor
Seconded by M Schafer
"THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to
the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
Council Minutes - 160 - June 15, 2006
1. (a) 7:30 p.m. Application: To change the zoning on a 1.3 hectare(3.2 acre)parcel of land
situated on the east side of Plank road, north of Jackson Line from the Agricultural (Al)
Zone to the Rural Residential (RR) Zone, submitted by Siegfried and Margaret Blondeel.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation—Staff Report D2006-030 was presented by the Planning Co-
ordinator. She advised that no written comments or objections had been received. She
added that the Blondeel's were unable to attend.
4. Public Comments There were no public comments.
5. Council Comments and Questions None
6. Adjournment
2006-361 Moved by M Taylor
Seconded by M Schafer
"THAT the Public Meeting be adjourned at 7:35 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2006-362 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2006-030 be received;
AND THAT the zoning on a property owned by Siegfried and Margaret Blondeel described
as South Part Lot 124, Concession 6 STR, be changed from Agriculture (Al) to Rural
Residential(RR) as submitted in the rezoning application;
AND THAT Zoning By-law No. Z526-2006 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2006-363 Moved by M Schafer
Seconded by M Taylor
"THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to
the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
Council Minutes 161 - June 15, 2006
1. (b) 7:45 p.m. -Application: To change the zoning on an 800 rn2 (8610 ft.2)parcel of land
situated on the west side of Snow Street, south of Fulton Street, in the Village of Vienna
from the Village Residential (R1)Zone to the Local Commercial (C2) zone, submitted by
Henry and Helen Klassen.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation— Staff Report D2006-032 was presented by the Planning Co-
ordinator. She advised that no written comments or objections had been received.
She advised that a site plan agreement is required that will limit outdoor activities, noting
that all storage and repairs must be within the building itself. She added that Mr. Klassen
was present to respond to any questions.
4. Public Comments
Rob Thompson commented that the area is all residential and suggested that a garage and
the noise generated by commercial activity should be located in the commercial zone on
Plank Road.
Dean Franklin agreed and suggested the rezoning would lower property values and would
not enhance the museum site.
Henry Klassen suggested that the building would be a low level structure with decorative
steel covering, fitting in well with the surrounding properties. He added that activity
would be small scale.
R. Thomas responded that ownership changes and small businesses can become large
businesses. He also noted that there would be an increase in vehicular traffic.
Cindy Franklin commented that there are lots of kids in the neighbourhood and increased
traffic would cause concerns.
Janet Zerdin expressed that a business belongs on Plank Road.
5. Council Comments and Questions
Paul Ens questioned whether Mr. Klassen had spoken with his neighbours about ways to
buffer to which Mr. Klassen responded no.
Cliff Evanitski noted that similar situations where small businesses in the middle of
residential areas became huge have been experienced in both Corinth and Eden and
suggested that an alternate site be considered by the applicant.
Mark Taylor agreed that business should be located in a commercial area.
Council Minutes - 162 - June 15, 2006
6. Adjournment
2006-364 Moved by M Taylor
Seconded by P Ens
"THAT the Public Meeting be adjourned at 7:56 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2006-365 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report D2006-032 be deferred to the July 13/06 meeting."
Disposition: Motion Carried Unanimously
2006-366 Moved by M Schafer
Seconded by C Evanitski
"THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to
the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
1. (c) 8:00 p.m. Application: To change the zoning on a 39.4 hectare(97.75 acre)parcel of
land situated on the west side of Plank road,north of Glen Erie Line, in Part Lot 12,
Concession 2 from the Special Agricultural (A2)Zone to the site-specific Special
Agricultural (A2-4)Zone, submitted by Jammic Underhill.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation—Staff Report D2006-031 was presented by the Planning Co-
ordinator. She noted that storage of old and abandoned vehicles is not intended as the
zoning clearly specifies storage of licensed recreational vehicles, boats and travel trailers.
A site plan agreement is required and a holding provision can be applied if desired. She
advised that written objections received were included with the report. She added that
Jammie Underhill and his consultant Mr. Roe were in attendance to answer any
questions.
4. Public Comments
Michelle McLean commented that she was not aware of the proposal in 2005 when her
property was purchased and questioned why placement was not in the less visible low
Council Minutes - 163 - June 15, 2006
lying area. She added that she understood from the applicant that he intends to expand
the trailer park.
Tony Csinos commented that he was unable to hear the Planning Co-ordinator's
comments, however, suggested that Mr. Underhill has severed several residences from
local farm parcels and is developing commercial and industrial sites devaluing residential
properties. He added that there are opportunities to discuss with neighbours willing to
work with Mr. Underhill to find satisfactory solutions. He suggested the application be
deferred to allow time to work out the issues or risk legal action.
Mr. Roe advised that the proposal and the Planner's report had been reviewed with Staff.
He referred to a Haldimand County example where no concerns have been raised. He
suggested that provision needs to be made to utilize barns off-season, as well as, provide
farmers with opportunity to collect rental fees to offset taxes.
He added that there is no intention to expand the outside compound area to the entire
property and that the application complies with Provincial requirements. He noted that
conditions contained in a site plan control agreement ensure compatibility and the storage
area is specified on the zoning by-law.
Jammie Underhill advised that he had purchased the property in February 2006 and had
been approached by the owner of Otter's Edge to provide a storage area. He added that
the proposed placement would have the least impact on use of workable land.
Tony Csinos commented that he wasn't notified with regard to the communication tower
on Underhill's property. He indicated that he was unclear whether the intent of the
rezoning notice included the parking of unlicensed and derelict vehicles.
Michelle McLean suggested that Mr. Underhill did not want to place the storage area on
the other side of the hill as it would interfere with future expansion.
Mr. Roe advised that the rezoning application applies only to the compound area.
Patrick Dougharty raised concerns about visual access to scenery and wildlife and
stressed the need to work together to clear up the issues.
5. Council Comments and Questions
C. Evanitski questioned notification regarding the communications tower and the
Planning Co-ordinator advised that the tower is a federal matter and the municipality has
no jurisdiction,however, a building permit was issued for the accessory building.
C. Evanitski asked whether a lot line adjustment could be made.
The Planning Co-ordinator responded that a specific area is defined and would come
under the site plan agreement.
Council Minutes - 164 - June 15, 2006
Mr. Roe noted that the rezoning application must include the whole property, however,
the by-law restricts to a specific area of the property only.
C. Evanitski added that he had visited the site,noting the property had been cleaned up
and suggested Mr. Underhill sit down with neighbours to consider buffering that will
alleviate the concerns.
Mr.Roe suggested deferral of the application in.order for a site plan to be prepared for
review by the neighbours and then back to Council. He added that expansion of the
Trailer Park can only be done at the time of the Official Plan five-year review.
M. McLean suggested the tower should have been at the back.
It was requested that the Municipality notify the neighbours when the application is back
on the agenda.
T. Csinos raised concerns that the berm is being removed at the sub-station site.
K. Kruger,Administrator responded that there has been no change to the site plan
agreement, berming is still required and there is a one-year period within which to
comply.
6. Adjournment
2006-367 Moved by C Evanitski
Seconded by M Schafer
"THAT the Public Meeting be adjourned at 8:25 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2006-365 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report D2006-031 be received;
AND THAT approval of the rezoning application of Jammie Underhill from Agricultural
(A2) to site-specific Special Agriculture (A2-4) be deferred until such time as a site plan
agreement between the municipality and the property owner is approved and the
authorizing by-law enacted."
Disposition: Motion Carried Unanimously
Council Minutes - 165 - June 15, 2006
7. ROADS,AGRICULTURE &DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Correspondence from the Coal Flats Blues Festival dated June 7, 2006 regarding concerns about
the closing of streets for a farmer's market.
File: C13
2006-369 Moved by M Taylor
Seconded by P Ens
"THAT correspondence from the Coal Flats Blues Festival dated June 7, 2006 regarding
concerns about the closing of streets for a farmer's market be received;
AND THAT confirmation be received from the Port Burwell Business Development
Association that the road closure will cease at loam on July 1St."
Disposition: Motion Carried Unanimously
(b) Staff Report DR2006-010 regarding the Little Jerry Creek Municipal Drain—Beattie Farm
Improvement.
File: E09
2006-370 Moved by P Ens
Seconded by M Schafer
THAT Staff Report DR2006-010 regarding the Little Jerry Municipal Drain—
Beattie Farm Improvement be received;
THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#204135 dated May 15,2006 for the Little Jerry Creek Municipal Drain, as
prepared by the Engineer, Spriet Associates, and filed with the Clerk on May 25,
2006;
THAT the Municipality agrees to proceed with the Little Jerry Creek Municipal
Drain—Beattie Farm Improvement and updated maintenance schedule Report;
THAT Council set a date for a Public Meeting to be held on July 13, 2006 at 8:00 p.m. to
consider the Report;
AND THAT Staff be directed to mail a Notice of Public Meeting and a copy of the Report
to all persons assessed to this drainage works in accordance with the Drainage Act."
Disposition: Motion Carried Unanimously
Council Minutes - 166 - June 15, 2006
(c) Staff Report#DR2006-008 regarding the Bartley Municipal Drain, Branch"C".
File: E09
2006-371 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report DR2006-008 regarding the Bartley Municipal Drain,Branch
"C" be received;
AND THAT the Council of the Municipality of Bayham hereby approves the extension of
the period for filing of a report for the Bartley Municipal Drain,Branch"C", by the
Engineer, Spriet Associates, for a further six (6) month period,namely on or before
December 15, 2006."
Disposition: Motion Carried Unanimously
(d) Staff Report DR2006-009 regarding the Peters Municipal Drain, 2006 Extension
File: E09
2006-372 Moved by M Schafer
Seconded by M Taylor
THAT Staff Report DR2006-009 regarding the Peters Municipal Drain, 2006
Extension be received;
THAT the Council of the Municipality of Bayham hereby approves the extension of the
period for filing of a report for the Peters Municipal Drain, 2006 Extension,by the
Engineer, Spriet Associates, for a further six (6) month period,namely on or before
December 15,2006."
Disposition: Motion Carried Unanimously
(e) Correspondence dated June 8, 2006 from Country Camping regarding a drainage issue.
File: E09
2006-373 Moved by M Taylor
Seconded by M Schafer
"THAT correspondence dated June 8, 2006 from Country Camping regarding a drainage
issue be received;
AND THAT the matter be referred to Staff for investigation and report back to Council."
Disposition: Motion Carried Unanimously
Council Minutes - 167 - June 15, 2006
(f) Staff Report PW2006-005 regarding Public Works Activities and Purchase of Truck.
File: T06
2006-374 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report PW2006-005 regarding Public Works activities for the month of May
2006 be received;
AND THAT the 2007 Sterling Truck be purchased from Highway Sterling, providing the
quotation provided in the amount of$85,794 can be guaranteed."
Disposition: Motion Carried Unanimously
(g) Consideration of street closure for Canada Day Parade in Port Burwell.
2006-375 Moved by M Taylor
Seconded by M Schafer
"THAT Municipal streets in Port Burwell be used for a Canada Day Parade on July 1,
2006 beginning at 11:00 a.m.;
AND THAT the Municipality hereby requests permission from the County of Elgin to use
Wellington Street from Elizabeth Street,west to Robinson Street;
AND THAT The Bayham Public Works Department take the necessary precautions for
traffic control, safety and signage requirements."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
L CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month of May 2006.
File: P10
2006-376 Moved by M Taylor
Seconded by P Ens
"THAT the Building Permit Report for the month ending April 30,2006 be received for
information."
Disposition: Motion Carried Unanimously
Council Minutes - 168 - June 15, 2006
(b) Correspondence dated June 7, 2006 from Lori King requesting to use the Municipal Office Sign
for a Craft Sale and Car Show on June 24, 2006 in Corinth.
File: C13
2006-377 Moved by C Evanitski
Seconded by P Ens
"THAT the correspondence dated June 7,2006 from Lori King be received;
AND THAT Council approves the request to use the Municipal Office Sign to advertise :a
community Craft Sale and Car Show on June 24, 2006 in Corinth, subject to Municipal
needs."
Disposition: Motion Carried Unanimously
(c) Request for Exemption of By-Law No. 2001-57 to Regulate and Control Noise from Larry&
Beverly Grigg for wedding.
File: P01
2006-378 Moved by M Taylor
Seconded by P Ens
"THAT the request for Exemption from Noise Control By-law No. 2001-57 submitted by
Larry and Beverly Grigg for a wedding being held at 56076 Tunnel Line, Lot 18,
Concession 3, Bayham on August 5th until 1:00 a.m. August 6th be approved."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#683 to Cheque#780 inclusive totaling$296,038.24 and
Cash Requirements for the period ending June 9th and Payroll Disbursements for the
period ending June 4th totaling $48,663.72.
2006-379 Moved by C Evanitski
Seconded by M Taylor
"THAT Cheque Register being Cheque#683 to Cheque#780 inclusive totaling
$296,038.24 and Cash Requirements for the period ending June 9th and Payroll
Disbursements for the period ending June 4th totaling$48,663.72 be approved."
Disposition: Motion Carried Unanimously
Council Minutes - 169 - June 15, 2006
(b) Municipality of Bayham Financial Statements for the year ending December 31, 2005
prepared by Graham Scott Enns, Auditors.
File: F10
2006-380 Moved by P Ens
Seconded by C Evanitski
"THAT the Municipality of Bayham Financial Statements for the year ending
December 31,2005 as prepared by Graham Scott Enns, Chartered Accountants be
received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report F2006-16 regarding Water& Sewer Rates By-Law.
File: F05.06
2006-381 Moved by M Schafer
Seconded by C Evanitski
THAT the Water and Wastewater Rate Study prepared by C.N. Watson and
Associates Ltd. be accepted;
AND THAT by-law 2006-061, being a by-law to amend by-law 2004-015 being a by-
law to set water and sewer rates in the Municipality of Bayham, be presented to
council for enactment."
Disposition: Motion Carried Unanimously
(d) Draft By-Law 2006-058, a by-law to amend By-law 2006-003, a By-law establishing governance
and structure for the Museums Bayham Board.
File: CO1
2006-382 Moved by C Evanitski
Seconded by M Schafer
"THAT By-Law 2006-058, being a by-law to amend By-law 2006-003, a By-law establishing
governance and structure for the Museums Bayham Board, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(e) Draft By-Law 2006-059, a by-law to amend By-law 2006-034, a By-law establishing the
Bayharn Tourism and Community Marketing Committee.
File: CO1
Council Minutes - 170 - June 15, 2006
2006-383 Moved by M Schafer
Seconded by M Taylor
"THAT By-Law 2006-059, being a by-law to amend By-law 2006-034, a By-law establishing
the Bayham Tourism and Community Marketing Committee be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(f) Staff Memorandum C2006-013 regarding Additional Applications for Appointments to Business
& Commerce and Tourism& Community Marketing Committees and Sub Group
File: C12
2006-384 Moved by C Evanitski
Seconded by P Ens
"THAT By-law 2006-063,being a by-law to further amend appointments By-law
2006-005 by appointing Jonathan Sebok to the Bayham Business & Commerce
Committee as a representative of Ward 2, be presented to Council for enactment."
AND THAT the names of Tom/Deb Benner be included with the list of persons
interested in appointment to the respective sub-committees being provided to the
Bayham Business & Commerce Committee and the Bayham Tourism&Community
Marketing Committee for consideration and appointment as appropriate."
Disposition: Motion Carried Unanimously
(g) Email dated June 9th from the Port Burwell Business Development Association requesting
permission to use the new Bayham logo.
File: C13
2006-385 Moved by M Taylor
Seconded by M Schafer
"THAT the email dated June 9th from the Port Burwell Business Development Association
requesting permission to use the new Bayham logo be received;
THAT Council authorizes the use of a web link from the Association website to the
Bayham Municipal website;
AND THAT Council consider approval of any use of the new Bayham logo by the Port
Burwell Business Development Association upon submission of a draft sample individual
item basis only and subject to fmal approval by Council."
Disposition: Motion Carried Unanimously
Council Minutes - 171 - June 15, 2006
(h) Parks and Recreation Ontario (PRO) email correspondence dated June 8th requesting support
seeking recreation infrastructure funding.
File: A01
2006-386 Moved by M Taylor
Seconded by C Evanitski
"WHEREAS the Council of the Municipality of Bayham recognizes that community
recreation and sport facilities are a priority in building strong, healthy and vibrant
communities in Ontario; and
WHEREAS the Municipality of Bayham also recognizes the need for a dedicated national/
Provincial infrastructure funding program supporting recreation and sport;
THEREFORE BE IT RESOLVED THAT the Municipality of Bayham respectfully solicits
the support of the Government of the Province of Ontario to work together with the
Government of Canada, the Canadian Parks and Recreation Association and Parks and
Recreation Ontario (PRO)in the establishment of a national/provincial Infrastructure
funding program that will financially assist municipalities in providing adequate sport
activities and recreational facilities to meet the needs of our residents."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Request from Mayor Acre to discuss consideration of a partnership with the Township of
Malahide and the Environmental Sciences class at East Elgin Secondary School in Aylmer
regarding beach cleanup.
2006-387 Moved by M Taylor
Seconded by M Schafer
"THAT the Municipality of Bayham partner with the Township of Malahide and the East
Elgin Secondary School Environmental Sciences class for the clean-up of the local Lake
Erie shore beach areas;
AND THAT permission be obtained from private land owners along the shoreline to access
lands along the Lake."
Disposition: Motion Carried Unanimously
Council Minutes - 172 - June 15, 2006
MOTION TO EXTEND LENGTH OF MEETING
2006-388 Moved by P Ens
Seconded by C Evanitski
"THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall
deal with business until 11:00 p.m. at its meeting of June 15, 2006."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2006-389 Moved by C Evanitski
Seconded by P Ens
"THAT the Council do now rise to enter into an"In Camera" Session of Committee of the
Whole to discuss litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board."
Disposition: Motion Carried Unanimously
2006-390 Moved by P Ens
Seconded by C Evanitski
"THAT the Committee of the Whole do now rise from the"In Camera" session."
Disposition: Motion Carried Unanimously
(a) Discussion regarding a confidential legal matter.
(b) Verbal Report regarding a confidential potential litigation matter.
(c) Discussion regarding a confidential legal matter.
12. BY-LAWS
Z527-2006 A By-law to amend Zoning B/L Z456-2003 (Klassen) Deferred
Z528-2006 A By-law to amend Zoning B/L Z456-2003 (Underhill)Deferred
Council Minutes - 173 - June 15, 2006
Z526-2006 A By-law to amend Zoning BIL Z456-2003 (Blondeel)
Z529-2006 A By-law to amend Zoning B/L Z456-2003 (Eden Golf Club)
By-law 2006-057 A By-law to confirm all actions of Council for the meeting held
June 8th
By-law 2006-058 A By-law to amend Museums Bayham Governance B/L 2006-003
By-law 2006-059 A By-law to amend B/L 2006-034 establishing the Bayham
Tourism & Community Marketing Committee
By-law 2006-061 A By-law to amend B/L 2004-015 setting water&sewer rates
By-law 2006-063 A By-law to further amend appointments B/L 2006-005
By-law 2006-064 A By-law to authorize the execution of a site plan agreement with Richard
&Nell Haayema (Eden Golf Club)
By-law 2006-060 A By-law to confirm all actions of Council.
2006-391 Moved by C Evanitski
Seconded by P Ens
"THAT By-laws Z526-2006, Z529-2006,2006-057, 2006-058,2006-059,2006-061,
2006-063 and 2006-064 be read a first, second and third time and fmally passed."
Disposition: Motion Carried Unanimously
2006-392 Moved by P Ens
Seconded by C Evanitski
"THAT confirming By-law 2006-060 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2006-393 Moved by C Evanitski
Seconded by P Ens
"THAT the meeting be adjourned at 11:55 p.m."
Disposition: Motion Carried Unanimously
MAYOR it, ./ L A.A_1 iLERK e, ./ile
Date Approved: `. / d
V