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HomeMy WebLinkAboutDecember 16, 2004 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O.Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,December 16,2004 7:00 p.m. 7:30 p.m.Public Meeting(O.P.A. & Zoning-Haayema) The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. Thursday,December 16, 2004 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 and Drainage Superintendent Dwayne Daniel were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Lynn Acre called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held December 2,2004 2004—636 Moved by C Evanitski Seconded by M Taylor "THAT the minutes of the regular meeting of the Municipality of Bayham held December 2,2004 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m.—Karen Cummings was in attendance to present concerns regarding flood zoning requirments in Vienna-Item 6.1(a). (b) 7:10 p.m.—James L. Oliver and William Baskerville.Lone Point Region Conservation Authority were in attendance to provide background information and outline the role of the Authority regarding the flood regulations in Vienna-Item 6.1(b). (c) 8:00 a.m.—Bryce Sibbik&Joel Taylor,representatives of Cowan Company and Taylor& Associates,respectively,were in attendance to present a review of the 2005 Insurance Renewal— Item 9.1(b) COUNCIL, MINUTES - 260 - December 16,2004 (d) 8:30 p.m.-Bob Foulds was in attendance regarding confidential personal matters-Item 11.1(a) This was an "In Camera"Session of Committee of the Whole. The Clerk vacated Council Chambers during discussion of this matter. ADDITION OF AGENDA ITEMS 2004-637 Moved by C Evanitski Seconded by M Taylor "THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Report H2004-005 regarding Policy on Hiring of Employees be added to the agenda as item 9.1(i)." Disposition: Motion Carried Unanimously 2004-638 Moved by M Schafer Seconded by M Taylor "THAT in accordance with Section 21 of Procedural By-law 2202-93,correspondence dated December 7,2004 from the Township of Wellington North regarding CRF funding be added to the agenda as item 9.1(j)." Disposition: Motion Carried Unanimously 5. INFORMATION ITEMS 2004-639 Moved by M Taylor Seconded by C Evanitski "THAT Information Items 5(a)through 5(h)be received for information." Disposition: Motion Carried Unanimously (a) Bayham Historical Society minutes of meeting held November 11,2004. File: C06 (b) Ministry of Natural Resources correspondence dated December 2,2004 regarding Bayham's support of the Provincial Transfer Payment Review Report prepared by Conservation Ontario. File: Al 6 (c) Joint Cemeteries Board draft minutes of meeting held December 7, 2004. File: C06 (d) AMO correspondence dated December 2 and 13, 2004 regarding"AMO Resolution on CRF Reconciliation"and"McGuinty Government Announces Domestic Violence Action Plan for Ontario". File: A01 (e) Elgin Group Police Services Board minutes of meeting held November 16,2004. File: C06 COUNCIL MINUTES - 261 - December 16, 2004 (f) Port Burwell Marine Museum draft minutes of meeting held December 7, 2004. File: C06 (g) SOTO correspondence dated December 6, 2004 regarding Re-Visioning process. File: A01 (h) Bayham Community Economic Development&Tourism Committee draft minutes of meeting held December 8,2004. File: C06 6. PLANNING,DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Correspondence from Karen Cummings regarding Vienna Flood Plain. File: D14 2004-640 Moved by M Taylor Seconded by M Schafer "THAT the correspondence from Karen Cummings regarding the Vienna Flood Plain zoning be received for information." Disposition: Motion Carried Unanimously (b) Long Point Region Conservation Authority correspondence dated December 10,2004 regarding Vienna Flood Plain regulations. File: D14 2004-641 Moved by M Schafer Seconded by M Taylor "THAT the Long Point Region Conservation Authority correspondence dated December 10,2004 regarding Vienna Flood Plain regulations be received for information." Disposition: Motion Carried Unanimously (c) Staff Report D2004-55 regarding Fehr Severance Applications E04/124, E04/125,E04/126 for property located in Concession 9,Part Lot 5,west side Culloden Road,north of Eden Line in the Hamlet of North Hall. These applications would create eight(8)new lots. File: D10 COUNCIL MINUTES - 262 - December 16,2004 2004-642 Moved by P Ens Seconded by M Taylor "THAT Staff Report D2004-055 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications E124/04 and E126/04 be approved subject to: 1. $500 cash-in-lieu payment to the Municipality for each newly created lot 2. Municipal Lot Assessment performed on each lot 3. water quality and quantity testing on both Part 1 and 2 of the subject lands." Disposition: Motion Carried Unanimously (d) Correspondence dated December 1,2004 from Paul McLaughlin advising of withdrawal of the Application for Official Plan and Zoning By-law Amendments. See Item 6.1(e) File: D10&D14 2004-643 Moved by M Taylor Seconded by P Ens "THAT the correspondence dated December 1,2004 from Paul McLaughlin be received; AND THAT Council accepts the withdrawal of the application for Official Plan and Zoning By-law Amendments as requested." Disposition: Motion Carried Unanimously (e) Application to change future land use designation and zoning on a 1.39 hectare(3.43 acre)parcel of land located in Part Lot 19,Concession 10, on the south side of Green Line, east of Talbot Line,from the"Agriculture"to the"Rural-Commercial"designation in the Official Plan and from the Agricultural(Al)to the site specific Rural Commercial(RC-4)Zone in Zoning By-law Z456- 2003, submitted by Edwin Paul&Mandy Jane McLaughlin. (From September I6`"meeting) File: D l 0&D 14 2004-644 Moved by P Ens Seconded by M Taylor "THAT the Official Plan Amendment and Rezoning applications submitted by Edwin Paul and Mandy Jane McLaughlin be abandoned due to the request for withdrawal by the applicant." Disposition: Motion Carried Unanimously (f) Copy of correspondence to Minister of Municipal Affairs&Housing and Minister of Natural Resources from Steve Peters,M.P.P.regarding letter from Karen Cummings, Vienna. File: A16/D14 COUNCIL MINUTES -263 - December 16,2004 2004-645 Moved by M Taylor Seconded by P Ens "THAT the correspondence to the Minister of Municipal Affairs &Housing and the Minister of Natural Resources from Steve Peters,M.P.P. regarding Vienna Flood Plain concerns raised by Karen Cummings be received for information." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2004-646 Moved by M Taylor 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.(a) Application: 7:30 p.m.—Proposed Official Plan Amendment Number 3 to change the future land use designation on a 23.74 hectare(58.66 acres)parcel of land from the"Agriculture"designation to the"Rural-Recreational"designation in the Official Plan, and to change the zoning on the same parcel from the Agricultural(A-1)Zone to the Open Space(OS)Zone on lands situated in Part Lot 6,North Gore, on the southeast corner of Culloden Road and Ottergate Line submitted by Richard and Nell Haayema. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff and Planner Presentations Staff Report D2004-056 was presented by the Planning Co-ordinator. No questions or concerns from the public had been received. William Dickie,Planner for the Haayema's,presented relevant background information and a detailed explanation of the proposal. He noted that a similar project in the mid 1990's had been completed successfully by the applicants in Dutton-Dunwich. Mr. Dickie advised that they have been working closely with the various provincial government ministries--Ontario Ministry of Agriculture,Food and Rural Affairs,Ministry of Natural Resources,Ministry of Municipal Affairs&Housing and Ministry Of Environment as well as the Long Point Region Conservation Authority and the municipal Planning Consultant,Wil Pol, Cumming Cockburn Limited,to meet concerns and requirements. Wil Pot,municipal Planning Consultant,recommended support of the application for Official Plan and Zoning By-law amendments. He noted that under Minimum Distance Separation requirements no recreational activities are permitted within 49 metres of a barn capable of housing farm animals. There is however,a barn on the neighbouring Firby property within that distance. COUNCIL MINUTES - 264 - December 16, 2004 Mr.Pol added that a holding provision has been incorporated in the proposed by-law to require a site plan agreement with the municipality prior to removal. 4. Public Comments Frank Green,Tillsonburg raised no objections to the application,however, advised that his family was a previous owner of the property. He noted that the house is one of the oldest in Bayham, having been built in the 1830's from timber on the property and drawn to the site by oxen. Mr. Green suggested local historic connections to the 1837 rebellions,noted that the south side of the property was the site of the former 1850's Herdman School(named after a previous owner)and offered to share newspapers found in the lath of the house for display (one dating 1834). 5. Council Comments and Questions Councillor Evanitski questioned whether a letter from the current owner of the existing barn on the neighbouring property, stating that no animals would be housed there,would suffice. Wil Pol advised that any such agreement would need to be registered on title. 6. Adjournment 2004-647 Moved by P Ens Seconded by M Taylor "THAT the Public Meeting be adjourned at 8:15 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2004-648 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report D2004-056 be received; AND THAT By-law 2004-109,being a by-law to approve Official Plan Amendment Number 3 permitting development of a nine-hole golf course,be presented to Council for enactment; AND THAT Staff be directed to forward the by-law and the necessary documentation to the Ministry of Municipal Affairs and Housing for approval; AND THAT,subject to provincial approval of the Official Plan Amendment Number 3,the zoning designation on the subject lands be changed from Agricultural(Al-A)Zone to the site specific Open Space-Holding(OS-8(h))zone designation; AND THAT Zoning By-law 2496-2004 be presented to Council for first and second reading." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 265 - December 16,2004 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report DR2004-003 regarding the Corinth Drain. File: E09 2004-649 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report DR2004-003 regarding the Corinth Area Drainage be received for information." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit Report for the month ending November 30, 2004 File: P10 2004-650 Moved by C Evanitski Seconded by M Taylor "THAT the Building Permit Report for the month ending November 30,2004 be received for information." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2004-651 Moved by M Schafer Seconded by P Ens "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 December 16,2004." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#9244 to Cheque#9345 inclusive,except cheque#s 9314 and 9319,totaling$ 1,006,008.25 and Payroll Disbursements for the period ending December 8,2004 totaling$71,793.19. COUNCIL MINUTES - 266 - December 16, 2004 2004-652 Moved by P Ens Seconded by C Evanitski "THAT the Cheque Register being Cheque#9244 to Cheque#9345 inclusive, except cheques#9314 and 9319 totaling$ 1,006,008.25 and Payroll Disbursements for the period ending December 8,2004 totaling$71,793.19 be approved." Disposition: Motion Carried Unanimously (b) Frank Cowan Company fax correspondence dated November 19,2004 regarding Insurance Renewal for 2005. File: L06 2004-653. Moved by M Schafer Seconded by C Evanitski "THAT the Frank Cowan Company fax correspondence dated November 19,2004 regarding insurance renewal be received; AND THAT the 2005 Municipal insurance coverage needs be obtained from Frank Cowan Company Limited at a premium of$85,721.00 plus applicable taxes." Disposition: Motion Carried Unanimously (c) Request from the Canadian Red Cross Society to sell raffle tickets in Bayham under Provincial Lottery License#P042148. File: P09 2004-654 Moved by P Ens Seconded by C Evanitski "THAT Council approves the request from the Canadian Red Cross Society to sell raffle tickets in Bayham under Provincial Lottery License#P042148 as submitted." Disposition: Motion Carried Unanimously (d) Bayham Community Centres draft minutes of meeting held November 25, 2004. File: C06 2004-655 Moved by C Evanitski Seconded by P Ens "THAT the Bayham Community Centres Committee draft minutes of the meeting held November 25,2004 be received; AND THAT Council supports the recommendation of the Committee to waive the rental fee for the spaghetti supper held by the Straffordville School Grade 8 students on December Disposition: Motion Carried Unanimously COUNCIL MINUTES - 267 - December 16,2004 (e) LPRCA correspondence dated December 16, 2004 regarding the 2005 Long Point Region Conservation Authority Draft Budget. File: F05/A16 2004-656 Moved by P Ens Seconded by M Schafer "THAT the LPRCA correspondence dated December 16,2004 regarding the 2005 LPRCA Draft Budget be received for information." Disposition: Motion Carried Unanimously (f) Staff Report F2004-50 regarding Payroll Services. File: F04 2004-657 Moved by C Evanitski Seconded by P Ens "THAT Staff Report 2004-50 regarding payroll services be received; AND THAT By-Law 2004-110,being a by-law to authorize the execution of an agreement between the Municipality of Bayham and ADP Canada Co.for payroll services,be presented to council for enactment." Disposition: Motion Carried Unanimously (g) Staff Report F2004-51 regarding Debit Card Machine. File: F04 2004-658 Moved by M Taylor Seconded by P Ens "THAT Staff Report 2004-51 regarding debit cards be received; AND THAT By-Law 2004-112,being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Moneris Solutions Corp.for debit machine services,be presented to council for enactment." Disposition: Motion Carried Unanimously (h) Staff Report F2004-52 regarding Financial Reporting for the period ending November 30, 2004. File: F03 2004-659 Moved by P Ens Seconded by M Taylor "THAT Staff Report 2004-52 regarding financial reporting for the period ending November 30,2004 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 268 - December 16, 2004 (i) Staff Report H2004-005 regarding Policy on Hiring of Employees. File: A09 2004-660 Moved by C Evanitski Seconded by P Ens "THAT Council adopt the Policy on the Hiring of Employees for the Municipality of Bayham as attached to Staff Report H2004-005; AND THAT By-law 2004-113,being a by-law to adopt a policy for the Hiring of Employees, be presented to Council for enactment." Disposition: Motion Carried Unanimously (j) Correspondence from Township of Wellington North regarding Community Reinvestment Funding. File: C10 2004-661 Moved by M Schafer Seconded by M Taylor "THAT the Council of the Municipality of Bayham supports the Township of Wellington North regarding CRF funding." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Correspondence dated November 26th from Carol Judd on behalf of the Edison Museum Board regarding purchase of a laptop computer. File: F 2004-662 Moved by M Schafer Seconded by C Evanitski "THAT Council supports the request from the Edison Museum of Vienna Board to purchase a laptop computer from the 2004 operating budget." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Correspondence dated December 2,2004 from Associated Engineering regarding Sewage Works Engineering Fees. File: E01/F COUNCIL MINUTES - 269 - December 16,2004 2004-663 Moved by M Schafer Seconded by P Ens "THAT the correspondence dated December 2,2004 from Associated Engineering regarding Sewage Works Engineering Fees be referred to the"In Camera"Session of Committee of the Whole for discussion." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE CORRESPONDENCE&REPORTS 2004-664 Moved by M Schafer Seconded by M Taylor "THAT the Council do now rise to enter into an"In Camera"Session of Committee of the Whole to discuss ❑ personal matters about an identifiable individual,including municipal or local board employees; ❑ litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." Disposition: Motion Carried Unanimously 2004-665 Moved by C Evanitski Seconded by M Schafer "THAT the Committee of the Whole do now rise from the"In Camera"Session." Disposition: Motion Carried Unanimously (a) Memorandum dated December 11, 2004 regarding confidential personal matters. File: H05 (b) Confidential correspondence regarding a personal matter. File: 1107 2004-666 Moved by P Ens Seconded by M Schafer "THAT Council approves the terms as outlined in the confidential correspondence dated December 4,2004." Disposition: Motion Carried Unanimously COUNCIL MMUTES - 270 - December 16,2004 (c) Staff Report H2004-005 regarding confidential personal matters. File: H03 2004-667 Moved by M Taylor Seconded by M Schafer "THAT Council hereby authorizes all hours outlined in Staff Report H2004-005 be carried over into 2005." Disposition: Motion Carried Unanimously (d) Correspondence dated December 2,2004 from Associated Engineering regarding Sewage Works Engineering Fees. File: E01/F 2004-668 Moved by M Schafer Seconded by C Evanitski "THAT the correspondence dated December 2,2004 from Associated Engineering regarding Sewage Works Engineering Fees be received; AND THAT Council approves payment in the amount of$22,032.07, subject to confirmation that the amount is accepted as paid in full." Disposition: Motion Carried Unanimously 12. BY-LAWS By-law Z481-2004 A By-law to Further Amend Zoning B/L Z456-2003 (McLaughlin) (No Action) By-law 2004—081 A By-law to Amend the Official Plan—Amendment No 6 (McLaughlin) (No Action) By-law Z496-2004 A By-law to Further Amend Zoning B/L Z456-2003 (Haayema) By-law 2004— 109 A By-law to Amend the Official Plan—Amendment No. 3 (Haayema) By-law 2004— 110 A By-law to Authorize the Mayor&Clerk to Execute an Agreement with ADP Canada Co. for Payroll Services By-law 2004- 112 A By-law to Authorize the Mayor&Clerk to Execute an Agreement with Moneris for Debit Card Services By-law 2004— 111 A By-law to confirm all actions of Council 2004-669 Moved by C Evanitski Seconded by P Ens "THAT By-law Z496-2004 be read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 271 - December 16,2004 2004-670 Moved by C Evanitski Seconded by M Schafer "THAT By-laws 2004-109,2004-110,2004-112 and 2004-113 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2004-671 Moved by M Schafer Seconded by P Ens "THAT confirming By-law 2004-111 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2004-672 Moved by P Ens Seconded by M Schafer "THAT the meeting be adjourned at 10:55 p.m." Disposition: Motion Carried Unanimously "11( a°11j2—.." MAYO ° j, / V CLQ RK Date Approved: