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HomeMy WebLinkAboutMay 19, 2005 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O.Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday May 19,2005 7:00 p.m. Public Meetings 7:30 & 7:40 p.m. 8:00 p.m. Court of Revision-Drainage The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. Thursday, May 19, 2005 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. The Clerk vacated Council Chambers during discussion of added item 11.1(b) Planning Co-ordinator Margaret Underhill, Drainage Superintendent Dwayne Daniel, Treasurer Suzanna Mantel and Ed Roloson Water/Wastewater Superintendent were in attendance to present their respective reports. 1. CALL TO ORDER Mayor 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 May 5, 2005 Minutes of the Special Budget Meeting held May 10,2005 2005-259 Moved by M Taylor Seconded by C Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held May 5,2005 be approved as circulated." Disposition: Motion Carried Unanimously 2005-260 Moved by C Evanitski Seconded by M Taylor "THAT the minutes of the special budget meeting of the Municipality of Bayham held May 10,2005 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m.—John Scott, Graham Scott Enns,Auditor was in attendance to present the 2004 Financial Statements for the Municipality of Bayham. Item 9.1(b). COUNCIL MINUTES - 186 - May 19,2005 (b) 7:15 p.m.—Andrea Dunn,resident,was in attendance to raise concerns regarding dangerous dogs in Eden and fears for the safety of her children and other visitors. She questioned the effectiveness of the Dog Control By-law requirements. ADDITION OF AGENDA ITEM 2005-261 Moved by M Taylor Seconded by M Schafer "THAT in accordance with Section 21 of Procedural By-law 2002-93,the report from County Council re: Financial Support for dredging Port Burwell Harbour be added to the agenda as item 7.1(b)." Disposition: Motion Carried Unanimously 5. INFORMATION ITEMS 2005-262 Moved by M Taylor Seconded by C Evanitski "THAT Information Items 5(a)through 5(m)be received for information." Disposition: Motion Carried Unanimously (a) Long Point Region Conservation Authority minutes of meeting held April 6,2005. File: A16 (b) Bayham Historical Society"History in the Making"newsletter and minutes of meeting held April 14, 2005. File: C06 (c) Office of the Leader of the Opposition News Release dated May 6,2005 "Open Letter to Canadian Municipalities from Stephen Harper." File: M06 (d) Federation of Canadian Municipalities correspondence dated May 6,2005 regarding "Response to Today's Letter from the Leader of the Official Opposition". File: A16 (e) AIM PowerGen Corporation Erie Shores Wind Farm Newsletter April 2005 edition. File: D03 (f) AMO correspondence dated May 2,4, 11, 12 and 13 regarding"Ontario is Back in the Business of Affordable Housing","Minister of the Environment's Decision on CAN/OCNA","Update on Federal New Deal for Municipalities","Ontario and the Government of Canada Sign Agreement in Principle on Early Learning and Child Care", "2005 Provincial Budget Offers Little for Municipalities", "AMO Report on Alternative Voting Methods now Online"and Energy Awareness Makes Sense workshop. (AMO Conference information available.) File: A01 COUNCIL MINUTES - 187 - May 19, 2005 (g) Jerry J. Ouellette,MPP correspondence dated April 11,2005 regarding private member's proposed legislation Bill 165, The Elected Officials Immunity Act 2004. File: A16 (h) Ministry of Community Safety and Correctional Services correspondence dated May 3, 2005 regarding ability of firefighters to travel on closed roads when responding to an emergency. File: Al6 (i) Summer Active correspondence received May 3, 2005 regarding Ontario Communities Challenge. File: A01 (j) St. Thomas—Elgin Ontario works correspondence dated May 5,2005 regarding one step application process. File: A01 (k) Joe Preston MP correspondence dated April 20 and May 2, 2005 regarding Bayham correspondence regarding Private Members Bill C273. File: P16 (1) Ministry of Agriculture and Food correspondence dated May 11, 2005 regarding retirement farm lots. File: A16/D10 (m) Pest Management Regulatory Agency correspondence dated March 11,2005 regarding regulation of pesticides information package. (Package available) File: E00 6. PLANNING,DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2005-023 regarding Haayema—Eden Golf Club and Peters Severance Update. File: D14/D10 2005-263 Moved by P Ens Seconded by M Taylor "THAT Staff Report D2005-023 be received; AND WHEREAS Official Plan Amendment No.3 was approved by the Ministry of Municipal Affairs and Housing on May 6,2005, Council recommends to the Elgin County Land Division Committee that severance application E14/05 submitted by Abraham Peters be approved; AND THAT Zoning By-law Z496-2004,as amended,be presented to Council for third and final reading." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 188 - May 19, 2005 (b) Staff Report D2005-026 regarding Griesbach Severance Application to create a lot. File: D10 2005-264 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report D2005-026 be received; AND THAT severance application E54/05,submitted by Robert Griesbach and Christina Anton-Griesbach, be deferred pending further information; AND THAT staff be directed to forward a written request to EIgin County Land Division Committee that this application be deferred at their May 26,2005 meeting." Disposition: Motion Carried Unanimously (c) Staff Report D2005-029 regarding Blondeel Severance Application. (lot adjustment) File: D10 2005-265 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report D2005-029 be deferred." Disposition: Motion Carried Unanimously (d) Staff Report D2005-028 regarding Blondeel Severance Application to create two lots. File: D10 2005-266 Moved by P Ens Seconded by C Evanitski "THAT Staff Report D2005-028 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications E43/05 and E44/05 be approved subject to: 1. $500 cash-in-lieu payment to the Municipality for each created lot 2. provision of potable water through water quantity and quality testing(including testing for nitrates) on each of the lots 3. approval of a drainage grading plan for both severed parcels submitted to the municipality 4. rezoning to remove holding provision 5. a copy of the final survey provided to the municipality" Disposition: Motion Carried Unanimously COUNCIL MINUTES - 189 - May 19, 2005 (e) Correspondence submitted by Cheryle McQuiggan on behalf of the Canadian Sweet Potato Ethanol Alliance regarding a potential ethanol plant. Paul McQuiggan was in attendance to respond to Council questions. File: D02 2005-267 Moved by P Ens Seconded by C Evanitski "THAT the correspondence from the Canadian Sweet Potato Ethanol Alliance be received; AND THAT Staff be directed to prepare a letter of support and forward to the Alliance pending assurances that the product will be Ontario-grown and purchased locally." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2005-268 Moved by P Ens 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.—Application to change the zoning on a parcel of land comprising 1.2 hectares (2.9 acres) situated on the west side of Murray Road, south of Talbot Line in Part Lot 13, Concession 9, from the Agriculture(Al)Zone to the Rural Residential(RR)Zone submitted by Murray& Mildred Ketchabaw. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2005-025 was presented by the Planning Co-ordinator. She advised that no written comments or concerns had been received. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2005-269 Moved by C Evanitski Seconded by P Ens "THAT the Public Meeting be adjourned at 7:31 p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 190 - May 19, 2005 7. Disposition of Item 2005-270 Moved by C Evanitski Seconded by P Ens "THAT Staff Report D2005-025 be received; AND THAT the zoning on a parcel 1.2 hectare(2.9 acres)located at Concession 9 in Part Lot 13, 10997 Murray Road,owned by Murray and Mildred Ketchabaw be changed from Agricultural(Al)to Rural Residential(RR) Zone to permit the establishment of a farm retirement lot; AND THAT Zoning By-law Z503-2005 be presented for enactment." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2005-271 Moved by C Evanitski Seconded by P Ens "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.(b) Application: 7:40 n.m.—Application to change the zoning on a parcel of land comprising 6.7 hectares(16.6 acres) situated on the west side of Plank Road, south of the Village of Vienna in Part Lot 15, Concession 2, from the Agriculture(Al)Zone to the site specific Agricultural(A1-19)Zone submitted by George&Darya Rousseau. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2005-024 was presented by the Planning Co-ordinator. She advised that the requirement for a site plan agreement has been added to her recommendation. She added that no written comments or concerns had been received. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2005-272 Moved by P Ens Seconded by C Evanitski "THAT the Public Meeting be adjourned at 7:50p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 191 - May 19, 2005 7. Disposition of Item 2005-273 Moved by P Ens Seconded by M Taylor "THAT the zoning of the parcel of land owned by George and Darya Rousseau on the south side of Water Street and east of Plank Road, being Part of Lot 15,Concession 2,be changed from Agricultural(Al) Zone to Site Specific Agricultural(A1-19)to permit the establishment of a fruit winery with accessory retail sales in addition to all other uses permitted in the Al Zone; THAT a site plan agreement be required prior to issuance of any building permit; AND THAT By-law No.Z504-2005 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE CORRESPONDENCE&REPORTS (a) Staff Memorandum dated May 13,2005 regarding Request to Close Road Allowance—Don Manion. File: T09 2005-274 Moved by M Taylor Seconded by C Evanitsld "THAT the Staff Memorandum dated May 13,2005 be received for information; Disposition: Motion Carried Unanimously (b) Report from Elgin County Council dated May 12,2005 regarding Financial support for dredging the Port Burwell Harbour. File: El0/A16 2. 8:00 p.m. —PUBLIC MEETING- COURT OF REVISION Appointments&Affirmations 2005-275 Moved by C Evanitski Seconded by P Ens "THAT in accordance with the provisions of the Drainage Act,the Council of the Municipality of Bayham appoints Mayor Lynn Acre,Deputy Mayor Mathew Schafer, Councillors Mark Taylor,Paul Ens and Cliff Evanitski to sit as members of the Court of Revision; COUNCIL MINUTES - 192 - May 19,2005 AND THAT Mayor Acre act as Chairman; AND THAT the Council Meeting be adjourned for the purpose of holding a Court of Revision pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously I. Application: (a) Court of Revision regarding the assessment of properties in regard to Drainage Report No. 98134-1 prepared by Spriet Associates and referred to as the County Road No.43 Drain Extension 2005. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report DR2005-006 regarding the Court of Revision was presented by the Drainage Superintendent. 4. Public Comments None 5. Council Comments and Questions None 6. Disposition of Item 2005-276 Moved by M Taylor Seconded by P Ens "WHEREAS in accordance with Section 58,Chap.D.17 of the Drainage Act,R.S.O. 1990 the appeal period which allows any owner of land assessed for drainage works to appeal that road or land has been assessed too high or too low or that any land or road that should be assessed has not been assessed,or that due consideration has not been given as to type of use of land,may personally,or by agent, appeal to the Court of Revision by giving notice in writing to the Clerk of the Municipality has expired and no appeals have been received; THEREFORE the Court of Revision for the County Road#43 Drain Extension 2005, hereby confirms the assessments as per the Engineer's Report 98134-1 dated March 18, 2005; AND THAT Provisional By-law 2005-034,being a by-law to provide for drainage works for the construction of the County Road#43 Drain Extension 2005 be presented to Council for third reading and enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 193 - May 19,2005 7. Adjournment 2005-277 Moved by C Evanitski Seconded by M Taylor "THAT the Court of Revision be adjourned at 8:07 p.m." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Fire Chief Memorandum#019 dated May 9,2005 regarding Long Service Awards. File: P16 2005-278 Moved by M Taylor Seconded by P Ens "THAT Memorandum 019 from Sam Taylor,Fire Chief regarding Long Service Awards be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated May 13,2005 from Fran Southwick regarding various concerns. File: C13 2005-279 Moved by M Taylor Seconded by P Ens "THAT the correspondence dated May 13,2005 from Fran Southwick regarding various concerns be received; AND THAT Staff be directed to report on any actions taken at the next meeting." Disposition: Motion Carried Unanimously (c) Correspondence dated May 9,2005 from Marilyn Heffren,Ontario Early Years Centre,Elgin- Middlesex-London requesting use of the Straffordville Community Centre Park. File: A01 2005-280 Moved by P Ens Seconded by M Taylor "THAT the Correspondence dated May 9,2005 from Marilyn Heffren,Ontario Early Years Centre,Elgin-Middlesex-London be received; COUNCIL MINUTES - 194 - May 19,2005 AND THAT Council approves the use of the Straffordville Community Centre Park for 2005 children's activities on Thursday mornings from 10:00—11:00 a.m.,commencing July 7th until August 25th,subject to provision of proof of liability insurance coverage; AND THAT the clean up of the Park area used be the responsibility of the organizers." Disposition: Motion Carried Unanimously (d) Port Burwell Recreation Society and Optimist Club of Ottervalley correspondence dated May 1, 2005 regarding Tub Daze requirements. File: R06 2005-281 Moved by M Taylor Seconded by P Ens "THAT the correspondence dated May 1,2005 from the Port Burwell Recreation Society and the Otter Valley 1 Port Burwell Optimist Club of regarding 2005 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 July 29,30 and 31,2005,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 and parade route mapping); 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; THAT Council grants permission to use municipal streets within Port Burwell and directs that the County of Elgin be requested to grant permission for use of the County street portions for parade purposes; COUNCIL MINUTES - 195 - May 19, 2005 THAT the Public Works Superintendent make the necessary arrangements for traffic control and safety for the parade; AND THAT for purposes of Section 7 of Noise By-law No.2001-57, as amended,this event is designated as a Community Festival." Disposition: Motion Carried Unanimously (e) Staff Report PR2005-008 regarding County Land Acquisition—CP Rail Lands File: L07 2005-282 Moved by P Ens Seconded by C Evanitski "THAT staff be authorized execute the Agreement to Sell Land to the County of Elgin as attached to Report PR2005-008,with note included that the transfer is conditional upon the Municipality receiving confirmation that the lands will remain accessible for future utility use, and trail designation." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION& PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 10109 to Cheque#10191 inclusive, except Cheque# 10186, totaling$88,294.86 and Payroll Disbursements for the period ending May 8, 2005 totaling $38,704.65. 2005-283 Moved by C Evanitski Seconded by P Ens "THAT the Cheque Register,being Cheque# 10109 to Cheque# 10191 inclusive,except Cheque#10186,totaling$88,294.86 and Payroll Disbursements for the period ending May 8th totaling$38,704.65 be approved." Disposition: Motion Carried Unanimously (b) 2004 Financial Statements for the Municipality of Bayham prepared by Graham Scott Enns, Chartered Accountants. File: F10 2005-284 Moved by M Taylor Seconded by P Ens "THAT the 2004 audited Financial Statements for the Municipality of Bayham,as prepared by Graham Scott Enns be accepted as presented." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 196 - May 19,2005 (c) Staff Report regarding Provincial Offences Fines Revenue Sharing Agreement. File: L04 2005-285 Moved by P Ens Seconded by C Evanitski "THAT By-law No. 2005-043, being a By-law to Approve Execution of an Agreement for the Disbursement of Provincial Offences Fines Collected in Default,be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Financial Report F2005-15 for the period ending April 30,2005. File: F03 2005-286 Moved by P Ens Seconded by C Evanitski "THAT the Financial Staff Report F2005-15 for the period ending April 30, 2005 be received for information." Disposition: Motion Carried Unanimously (e) Staff Report F2005-17 regarding Water Meter Changeout Quotations. File: F22.05 • 2005-287 Moved by C Evanitski Seconded by P Ens "THAT Staff Report F2005-17 regarding Water Meter Change-out Program be received; AND THAT the proposal submitted by Neptune Technology Group Ltd.be accepted; AND THAT staff be directed to contact Neptune Technology Group Ltd.to negotiate a start date; AND THAT staff be directed to prepare the necessary contract and by-law documents required for presentation at the next regular meeting of Council." Disposition; Motion Carried Unanimously (f) 2005 Applications for Municipal Assistance for consideration. 2005-288 Moved by P Ens Seconded by M Taylor "THAT the applications for Municipal Assistance be supported as discussed; AND THAT Staff be directed to incorporate the allocation of cash support into the 2005 budget document for approval at the meeting to be held June 2,2005." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 197 - May 19, 2005 2. UNFINISHED BUSINESS (a) Draft minutes of the Edison Museum of Vienna Board meeting held March 21,2005. (From April 21"-Section 7 for Council consideration—deferred pending Culture Plan Report) File: C06 (b) Staff Report C2005-010 regarding Council Expense Reimbursement Policy. File: A09 A Recorded Vote on the following motion was requested by Councillor Ens: 2005-289 Moved by M Schafer Seconded by M Taylor "THAT Staff Report C2005-010 be received; AND THAT Council adopts the Expense Reimbursement Policy as follows: • the current mileage rate reimbursement, and Conference and Convention Allowance; • phone/fax/computer lines to homes while serving on Council (if additional lines are required) • e-mail services • fax machine& computer supplies(toner,printer cartridges,paper) • answering service/machines AND THAT these items be reimbursed upon completion of an appropriate claim form." In favour Opposed Mayor Acre Councillor Ens Councillor Evanitski Deputy Mayor Schafer Councillor Taylor Disposition: Motion defeated on a Recorded Vote 4 to 1 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Ontario Municipal Water Association correspondence dated December 1,2004 regarding Councillors Handbook 2004—Statutory Standard of Care,"Ontario Drinking Water Stewardship Responsibilities. File: E05 COUNCIL MINUTES - 198 - May 19, 2005 2005-290 Moved by P Ens Seconded by C Evanitski "THAT the Ontario Municipal Water Association correspondence dated December 1,2004 and the Councillors Handbook 2004 — Statutory Standard of Care, "Ontario Drinking Water Stewardship Responsibilities be received for information." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2005-291 Moved by M Taylor Seconded by P Ens "THAT in accordance with Section 12 of Procedural By-Law 2002-93, Council shall deal with business until 11:00p.m. at its meeting of May 19,2005." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2005-292 Moved by C Evanitski Seconded by M Taylor "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss: u 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 2005-293 Moved by C Evanitski Seconded by M Taylor "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously CORRESPONDENCE&REPORTS (a) Council member request regarding a confidential potential litigation matter. (b) Verbal report regarding a personal matter. COUNCIL MLNUTES - 199 - May 19,2005 2. UNIFNISHED BUSINESS (a) Verbal report regarding a confidential potential litigation matter. (b) Correspondence dated April 8, 2005 regarding a confidential potential litigation matter. File: E01 12. BY-LAWS By-law Z496—2004 A By-law to Amend Zoning B/L Z456-2003 (Haayema-3rd Reading) By-law Z503—2005 A By-law to Amend Zoning B/L Z456-2003 (Ketchabaw) By-law Z504—2005 A By-law to Amend Zoning B/L Z456-2003 (Rousseau) By-law 2005—034 A By-law to Provide for Drainage Works(County Road#43 Drain Extension 2005—31d Reading) By-law 2005 -043 A By-law to Authorize the Mayor&Clerk to Execute an Agreement with the County of Elgin for Distribution of Fines(POA) By-law 2005—046 A By-law to confirm all actions of Council 2005-294 Moved by P Ens Seconded by C Evanitski "THAT By-laws Z496-2004,and 2005-034 be read a third time and finally passed." Disposition: Motion Carried Unanimously 2005-295 Moved by P Ens Seconded by M Taylor "THAT By-laws Z503-2005,Z504-2005 and 2005-043 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 2005-296 Moved by P Ens Seconded by M Taylor "THAT confirming By-law 2005-046 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES -200 - May 19, 2005 13. ADJOURNMENT 2005-297 Moved by M Taylor Seconded by C Evanitski "THAT the meeting be adjourned at 11:00 p.m." Disposition: Motion Carried Unanimously M ' '0 ' _ 7<7;1'11-Lf4-/ /„I CLERK Date Approved: � �.9-ca