HomeMy WebLinkAboutSeptember 15, 2005 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O.Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday September 15,2005 7:00 p.m. 7:30& 7:45 p.m.Public Meetings—(Rezoning) The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. Thursday, September 15,2005 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. Planning Co-ordinator Margaret Underhill and Drainage Superintendent/Chief Building Official 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 Deputy Mayor Schafer disclosed an interest in Item 6.3.1(a)as he is the applicant. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held September 1,2005 2005-516 Moved by P Ens Seconded by M Taylor "THAT the minutes of the regular meeting of the Municipality of Bayham held September 1,2005 be approved as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS None ADDITION OF AGENDA ITEMS 2005-517 Moved by M Schafer Seconded by M Taylor "THAT in accordance with Section 21 of Procedural By-law 2002-93,Staff Report PR2005-014 regarding Designation of Lands as Part of Road System,the resolution passed by the Township of North Frontenac on August 18,2005,be added to the agenda as item(s) 8.1(0,9.1(f)respectively." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 285 - Sept. 15, 2005 5. INFORMATION ITEMS 2005-518 Moved by M Taylor Seconded by C Evanitski "THAT Information Items 5(a)through 5(k)be received for information." Disposition: Motion Carried Unanimously (a) Elgin Community Futures Development Corporation invitation to Tourism Investment 101 presentation by the Ontario Ministry of Tourism. File: A04 (b) Ontario Heritage Foundation media release dated September 6, 2005 regarding 2005 Heritage Community Recognition Program. File: M02 (c) The Elgin,Middlesex, Oxford Local Training Board"Dialogue"Newsletter,Fall 2005 edition. File: M07 (d) Union Gas correspondence dated August 30, 2005 regarding Application to the Ontario Energy Board for approval of gas rates beginning January 1, 2006. File: A01 (e) Association of Municipalities of Ontario correspondence dated August 31 and September 9, 2005 regarding"First Wave of Funding Under New Affordable Housing Program Announced&MOU Signed by Canada/Ontario/OMA/City of Toronto","MOE Releases Proposed New Rules and Practice Directions for the Environmental Review Tribunal","Bill 206 OMERS Update"and "Hearings on Bill 123—An Act to Require that Meetings of Provincial and Municipal Boards, Commissions and Other Public Bodies be Open to the Public". File: A01 (f) The Federation of Canadian Municipalities correspondence dated September 8,2005 regarding "Fourth Municipal Leaders Summit on Climate Change". File: Al6 (g) The Port Burwell Marine Museum&Lighthouse 2005 Summer Report. File: C13 (h) The Edison Museum of Vienna 2005 End of Season Report(excerpts) File: C13 (i) Draft minutes of the Edison Museum of Vienna meeting held July 25,2005. File: C06 (j) Cultural Capitals of Canada awards 2007 and 2008 reminder. File: F1l (k) Ontario Southwest Municipal Conference"Global Issues: Local Impacts"Friday November 18/05 in London. File: A04 COUNCIL MINUTES - 286 - Sept. 15,2005 6. PLANNING, DEVELOPMENT,RECREATION & TOURISM I. CORRESPONDENCE&REPORTS (a) Municipality of Grey Highlands correspondence regarding Water Taking as a Land Use. File: Al 6 (b) Staff Report D2005-047 regarding Tupper Official Plan Amendment. File: D09 2005-519 Moved by C Evanitski Seconded by M Taylor "THAT the correspondence submitted by Jamie and Sheila Tupper dated August 18,2005 requesting the withdrawal of their Official Plan Amendment application be received; AND THAT Council accepts the withdrawal of the Official Plan Amendment application as requested." Disposition: Motion Carried Unanimously (c) Staff Report regarding Site Plan Agreements was not available 2. UNFINISHED BUSINESS (a) Staff Report F2005-27 regarding Development Charge Study/Capital Forecast. (No additional information available) File: F 3. PUBLIC MEETINGS 2005-520 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 L(a) Application: 7:30 p.m.—Application to change the zoning on lands located on the west side of Culloden Road,north of Heritage Line as follows: • On a 4.0 hectare(9.9 acre)parcel of land from the Agricultural(Al) Zone to the Estate Residential(ER)Zone and Hazard Lands(HL)Zone; • On a 5.2 hectare (12.8 acre) parcel of land from the Agricultural (Al) Zone to the Estate Residential(ER)Zone and Hazard Lands(HL)Zone • On a 0.7 hectare (1.7 acre) parcel of land from the Agricultural (Al) Zone to the site- specific Agricultural(Al-21)Zone; COUNCIL MINUTES - 287 - Sept. 15, 2005 • On a 13.5 hectare (32.9 acre) parcel of land from the Agricultural (Al) Zone to the Special Agricultural(A2)Zone submitted by Mathew Schafer. 2. Declaration of Pecuniary Interest and the General Nature Thereof Deputy Mayor Schafer vacated Council Chambers during discussion of and vote on this item. 3. Staff Presentation Staff Report D2005-045 was presented by the Planning Co-ordinator. She advised that no verbal or written comments had been received. 4. Public Comments None 5. Council Comments and Questions None b. Adjournment 2005-521 Moved by M Taylor Seconded by C Evanitski "THAT the Public Meeting be adjourned at 7:35 p.m." Disposition: Motion Carried 7. Disposition of Item 2005-522 Moved by P Ens Seconded by M Taylor "THAT Staff Report D2005-045 be received; AND THAT the zoning of those lands located in Concession NTR in Part Lot 113 & 114, owned by Mathew A. Schafer,be changed as follows: • On a 4.0 hectare (9.9 acre) parcel of land from the Agricultural (Al) Zone to the Estate Residential(ER)Zone and Hazard Lands(HL)Zone; • On a 5.2 hectare (12.8 acre) parcel of land from the Agricultural (Al) Zone to the Estate Residential(ER)Zone and Hazard Lands(HL)Zone • On a 0.7 hectare (1.7 acre) parcel of land from the Agricultural (Al) Zone to the site-specific Agricultural(A1-21)Zone; • On a 13.5 hectare (32.9 acre) parcel of land from the Agricultural (A1) Zone to the Special Agricultural(A2)Zone AND THAT Zoning By-law 2511-2005 be presented to Council for enactment." Disposition: Motion Carried COUNCIL MINUTES - 288 - Sept. 15,2005 2005-523 Moved by P Ens 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 1.0) Application:7:45 u.m.—Application to change the zoning on a 6.7 hectare(16.6 acre)parcel of land situated on the south side of Ridge Line, east of Plank Road, in Part Lot 22, Concession 8, in the Municipality of Bayham from the site-specific Agricultural(Al-4)Zone to the site-specific Institutional(I-3)in the Zoning By-law of the Municipality of Bayham No.Z456-2003, submitted by Lloyd and Mryna Cowan. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2005-046 was presented by the Planning Co-ordinator. She advised that no verbal or written comments in opposition to the application had been received. She added that Mr. & Mrs. Cowan were present. 4. Public Comments Mr. Cowan advised there was an error quoted in the report and that it should reflect 3.5 acres not 16.6. The Planning Co-ordinator noted that the mapping and legal description were correct. 5. Council Comments and Questions None 6. Adjournment 2005-524 Moved by C Evanitski Seconded by M Schafer "THAT the Public Meeting be adjourned at 7:48 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2005-525 Moved by M Schafer Seconded by P Ens "THAT Staff Report D2005-046 be received; AND THAT the zoning on a 1.4 hectare (3.5 acre) parcel of land located in Concession 8 in Part Lot 22, south side of Ridge Line, owned by Lloyd and Myrna Cowan, be changed from the site-specific Agricultural (A1-4) Zone to the site-specific Institutional (1-3) Zone in Zoning By-Law Z456-2003; AND THAT Zoning By-law Z512-2005 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 289 - Sept. 15, 2005 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report DR2005—010 regarding Little Jerry Municipal Drain—Beattie Farm Improvement. File: E09 2005-526 Moved by M Schafer Seconded by M Taylor "THAT Staff Report DR2005-010 regarding the Little Jerry Municipal Drain — Beattie Farm Improvement be received; THAT the Council of the Municipality of Bayham hereby extends the period for filing of a report by the Engineer, Spriet & Associates, for a further six (6) month period, namely on or before March 1,2006." Disposition: Motion Carried Unanimously (b) Staff Report DR2005-012 regarding Little Jerry Municipal Drain Revised Maintenance Schedule. File: E09 2005-527 Moved by M Taylor Seconded by M Schafer "THAT Staff Report DR2005-012 regarding the Little Jerry Municipal Drain be received; AND THAT in accordance with Section 76 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby appoints Spriet Associates to prepare a report to vary the assessment schedule for the Little Jerry Municipal Drain." Disposition: Motion Carried Unanimously (c) Staff Report D2005-013 regarding Shonberger Municipal Drain—Wetland Drain Restoration Project. File: E09 2005-528 Moved by C Evanitsld Seconded by P Ens "THAT Staff Report DR2005-013 regarding the Schonberger Municipal Drain — Wetland Drain Restoration Project,be received;, AND THAT in accordance with Section 76 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby appoints Spriet Associates to prepare a report for the Schonberger Municipal Drain—Wetland Restoration Project." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 290 - Sept. 15,2005 8. PROPERTY, BUILDING& PROTECTIVE SERVICES I. CORRESPONDENCE&REPORTS (a) Building Permit Report for the month ending August 31, 2005. File: P10 2005-529 Moved by P Ens Seconded by C Evanitski "THAT the Building Permit Report for the period ending August 31, 2005 be received for information." Disposition: Motion Carried Unanimously (b) Staff Report PR2005-012 regarding Closed Alley Conveyance—Part 4 RP 11R-5413. File: L07 2005-530 Moved by P Ens Seconded by C Evanitski "THAT Staff Report PR2005-012 be received; AND THAT By-law 2005-082, being a by-law to authorize the Mayor and Clerk to execute documents to convey property being Part 4 RP 11R-5413 to the Estate of Madelyn Beatrice Louise Soper,be presented to Council for enactment." Disposition: Motion Carried Unanimously (c) Correspondence dated September 6,2005 from Country Camping requesting feedback. File: C13 2005-531 Moved by M Schafer Seconded by P Ens "THAT the correspondence dated September 6,2005 from Country Camping be received; AND THAT Country Camping be advised that Council appreciates the progress in noise by-law compliance that has been demonstrated during the 2005 camping season and encourages the continuation of their efforts in this regard." Disposition: Motion Carried Unanimously (d) Petition/correspondence dated September 2,2005 regarding east beach concerns. File: M04 COUNCIL MINUTES - 291 - Sept, 15,2005 2005-532 Moved by M Schafer Seconded by P Ens "THAT petition/correspondence dated September 2,2005 regarding east beach concerns be received for information." Disposition: Motion Carried Unanimously (e) Staff Report PR2005-013 regarding White Construction Inc—Use of Lakeshore Line. File: L04 2005-533 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report PR2005-013 and the correspondence from White Construction, Inc. regarding use of Lakeshore Line be received; AND THAT By-law No.2005-083,being a by-law to Authorize the Execution of an Agreement with H.B.White Canada Corporation for the lease of portions of Lakeshore Line,be presented to Council for enactment." Disposition: Motion Carried Unanimously (f) Staff Report PR2005-014 regarding Fifth Street, Straffordville. File: L07 2005-534 Moved by P Ens Seconded by C Evanitski "THAT Staff Report PR2005-014 be received; AND THAT By-law No. 2005-085, being a By-law to assume and establish lands in the Municipality of Bayham as part of the open public highway system (Fifth Street), be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Application for Noise By-law Exemption dated August 25, 2005 submitted by Mike Whitcroft. File: C13 2005-535 Moved by M Taylor Seconded by P Ens "THAT,there being no concerns raised,the Council of the Municipality of Bayham hereby approves the Noise By-law exemption requested by Mike Whitcroft for property at#55013 Heritage Line during the period between 11:00 p.m. September 17 and 1:00 a.m. September 18/05. " Disposition: Motion Carried Unanimously COUNCIL MINUTES - 292 - Sept. 15, 2005 9. FINANCE,ADMINISTRATION & PERSONNEL CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 10775 to Cheque# 10812 inclusive,totaling$57,344.92, Cash Requirements for the period ending September 21st and Payroll Disbursements for the period ending August 28, 2005 totaling$42,130.45. 2005-536 Moved by P Ens Seconded by M Taylor "THAT the Cheque Register,being Cheque#10775 to Cheque#10812 inclusive,totaling $57,344.92,Cash Requirements for the period ending September 215t and Payroll Disbursements for the period ending August 28th totaling$42,130.45 be approved." Disposition: Motion Carried Unanimously (b) Royal Canadian Legion Branch 524 correspondence dated August 5, 2005 requesting donation toward Car Rally. File: C13/A01 2005-537 Moved by M Schafer Seconded by M Taylor "THAT the correspondence dated August 5,2005 from the Royal Canadian Legion Branch 524 be received for information." Disposition: Motion Carried Unanimously (c) Bayham Culture Committee draft minutes of meeting held September 7,2005. File: C06 2005-538 Moved by M Taylor Seconded by P Ens "THAT the draft minutes of the Bayham Culture Committee meeting held September 7th be received; AND THAT the Council of the Municipality of Bayham supports the request and directs the Port Burwell Marine Museum and the Edison Museum of Vienna Boards to take steps to: • form a joint museum board,to be in place as soon as possible and no later than March 31,2006; • that policies be prepared to meet the provincial standards for community museums as soon as possible,to be completed no later than June 30,2006; • prepare a 2006 budget for the combined museum sites; • support the appointment of a curator to oversee the lighthouse and two museum sites, COUNCIL MINUTES - 293 - Sept. 15, 2005 subject to Ontario Trillium Foundation funding approval." Disposition: Motion Carried Unanimously (d) Staff Report F2005-031 regarding COMRIF Intake#2. File: Fll 2005-539 Moved by M Schafer Seconded by M Taylor "WHEREAS the Council of the Municipality of Bayham has received and considered the Canada-Ontario Rural Infrastructure Fund(COMRIF) Guidebook for Intake Two; AND WHEREAS Council has assessed the capital priorities of the Municipality against the requirements as set out in the COMRIF Intake Two Guidebook; NOW THEREFORE Council considers the Joint Port Burwell Area Road Reconstruction Project, as delineated in the completed COMRIF Application form,to be its highest priorities for COMRIF Intake Two; FURTHER,THAT Council endorses and directs staff to submit the application to the COMRIF Joint Secretariat under Intake Two by September 30,2005." Disposition: Motion Carried Unanimously (e) Staff Report C2005-019 regarding Heritage Conservation Easement. File: A01 2005-540 Moved by M Taylor Seconded by P Ens "THAT Staff Report C2005-019 be received for information." Disposition: Motion Carried Unanimously (f) Resolution passed August 18t by the Township of North Frontenac. 2005-541 Moved by M Taylor Seconded by P Ens "THAT the Council of the Municipality of Bayham supports the resolution of the Township of North Frontenac passed August 18,2005 requesting the Ontario Government to develop and institute minimum capital program funding thresholds, as per Appendix A attached to the resolution,for the smallest rural Ontario municipalities." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 294 - Sept. 15, 2005 10. ENVIRONMENT No Items 11. COMMITTEE OF THE WHOLE 2005-542 Moved by M Taylor Seconded by P Ens "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." Disposition: Motion Carried Unanimously 2005-543 Moved by P Ens Seconded by M Taylor "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously I. CORRESPONDENCE&REPORTS (a) Confidential item regarding a personal matter. 12. BY-LAWS By-law Z511-2005 A By-law to Further Amend BIL Z456-2004(Schafer) By-law Z512-2005 A By-law to Further Amend B/L Z456-2004 (Cowan) By-law 2005—082 A By-law to Authorize the Mayor&Clerk to Execute Documents(Alley to Soper Estate) By-law 2005—083 A By-law to Authorize the Mayor&Clerk to Execute a Lease Agreement with White Construction(Portion Lakeshore Line) By-law 2005—085 A By-law to Establish Lands as Public Highway(Fifth Street) 2005-544 Moved by C Evanitski Seconded by P Ens "THAT By-laws Z511-2005,Z512-2005,2005-082,2005-083 and 2005-085 be read a first, second and third time and finally passed." Disposition: Motion Carried COUNCIL MINUTES -295 - Sept. 15,2005 By-law 2005—084 A By-law to confirm all actions of Council 2005-545 Moved by C Evanitski Seconded by P Ens "THAT confirming By-law 2005-084 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2005-546 Moved by P Ens Seconded by C Evanitski "THAT the meeting be adjourned at 8:55pm." Disposition: Motion Carried Unanimously MAYOR /, i a L. A i CLER Date Approved: - , cu2-150-0 S