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Home My WebLink AboutOctober 20, 2005 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday October 20,2005 7:00 p.m. 7:30 p.m.Public Meeting(Rezoning) The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. Thursday, October 20,2005 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,Public Works Superintendent Bob Bartlett,Treasurer Suzanna Mantel and Water/Wastewater Superintendent Ed Roloson 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 October 6,2005 2005-578 Moved by P Ens Seconded by M Schafer "THAT the minutes of the regular meeting of the Municipality of Bayham held October 6, 2005 be approved as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS William Suitor,Corinth resident,was in attendance regarding the proposed placement of streetlights in Corinth. He suggested that placement of the northern light should be in close proximity to the Benoit property. The Public Works Superintendent is to review and determine appropriate placement. ADDITION OF AGENDA ITEM 2005-579 Moved by P Ens Seconded by C Evanitski "THAT in accordance with Section 21 of Procedural By-Iaw 2002-93,Staff memorandum dated October 19,2005 regarding Skateboard Park discussion be added to the agenda as item 6.1(b)." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 310 - October 20, 2005 5. INFORMATION ITEMS 2005-580 Moved by C Evanitski Seconded by P Ens "THAT Information Items 5(a)through 5(1)be received for information." Disposition: Motion Carried Unanimously (a) Ministry of Municipal Affairs&Housing Memorandum dated October 3, 2005 regarding Long- standing Service Recognition of Municipal Officials. File: A16 (b) Federation of Canadian Municipalities Member's Advisory dated October 14, 2005 regarding Canadian Coalition of Municipalities Against Racism. File: Al 6 (c) Gary Brown,MNR email and correspondence dated October 4,2005 regarding the status of the Sunday gun hunting initiative. File: A16 (d) Tillsonburg&District Multi-Service Centre Newsletter"The MSC Voice". File: M07 (e) Association of Municipalities of Ontario correspondence dated October 4, 5,12 and 13, 2005 regarding"Private Member's Bill Could Impose New Prescriptive Rules on Municipal Government Outside of the Municipal Act", "Federal Gas Tax Implementation Update", "Throne Speech Offers Little New for Municipalities"and"OMERS—Costing Information Bill 206— Supplemental Plans". File: A01 (f) Ontario Good Roads Association correspondence dated October 3,2005 regarding Nominations. File: A01 (g) Stewardship Ontario correspondence dated September 30,2005 regarding Second Installment of Stewardship Ontario Funding for 2005. File: A04 (h) Ministry of the Environment correspondence dated September 2005 regarding Waste Reduction Week—October 17-23. (Package available) File: A04 (i) OHA Health Achieve correspondence dated October 12th regarding health care show File: A04 (j) Elgin Group Police Services Board minutes of meeting held September 28, 2005. File: C06 (k) Bayham Community Centres Committee draft minutes of meeting held September 22, 2005. File: C06 (1) Email correspondence from Rebecca Canty regarding Emerald Ash Borer—Latest Information. File: Al 6 COUNCIL MINUTES - 311 - October 20,2005 6. PLANNING, DEVELOPMENT,RECREATION& TOURISM CORRESPONDENCE&REPORTS (a) Sample By-law, draft Site Plan Agreement and proposed individual Site Plans. File: L04 2005-581 Moved by C Evanitski Seconded by P Ens "THAT Council approves the draft Site Plan Agreement; AND THAT By-laws 2005-092,2005-093,2005-095,2005-096,2005-097,2005-098 and 2005-099,being by-laws to authorize the Mayor and Clerk to execute site plan agreements with Robert&Suzanne Carrel,Algar Farms Ltd.,Underhill Farms Ltd.,David&Michelle McCord(2),Gregory Underhill Farms Ltd.and Jammie Underhill Farms Ltd., respectively,be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Staff Memo dated October 19th requesting Skateboard Park discussion. File: ROO 2005-582 Moved by M Taylor Seconded by C Evanitski "THAT Council supports,in principal,the establishment of a skateboard facility in the Straffordville Park." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2005-583 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:The application is for amendments to correct a variety of technical mapping and text errors that have been identified in the comprehensive Zoning By-law of the Municipality of Bayham. 2. Declaration of Pecuniary Interest and the General Nature Thereof Councillor Evanitski declared an interest in this item as he has a family member who owns one of the properties affected by the application. He vacated Council Chambers during discussion and vote on this item. COUNCIL MINUTES - 312 - October 20, 2005 3. Staff Presentation Staff Report D2005-050 regarding Housekeeping Matters was presented by the Planning Co-ordinator. She advised that the original circulated draft copy of zoning by-law Z513-2005 provided to Council in the agenda was revised. Specifically, in Paragraph 14, Section 10.12.5.2 Permitted Uses it had been revised to add the term"truck terminal"to the permitted uses. She added that no written objections to the proposed changes had been received. 4. Public Comments Jacob Bergen questioned the change for his property as indicated in Z513-2005 Paragraph 8 from the Al-A designation to the Al. The Planning Co-ordinator advised that his property is less than 100 acres. Therefore,the"—A"designation is not appropriate as it is used for large lot Agricultural parcels over 100 acres in size. 5. Council Comments and Questions None 6. Adjournment 2005-584 Moved by M Taylor Seconded by P Ens "THAT the Public Meeting be adjourned at 7:45 p.m." Disposition: Motion Carried 7. Disposition of Item 2005-585 Moved by M Taylor Seconded by P Ens "THAT Staff Report D2005-050 regarding Housekeeping Matters be received; AND THAT Zoning By-law No. Z513-2005,being a by-law to further amend Zoning By-law Z456-2003,be presented to Council for enactment." Disposition: Motion Carried 7. ROADS,AGRICULTURE &DRAINAGE I. CORRESPONDENCE&REPORTS (a) Staff Report PW2005-007 regarding Public Works Activities for the months of July,August and September. File: T06 2005-586 Moved by P Ens Seconded by C Evanitski "THAT Staff Report PW2005-007 regarding Public Works Activities for the months of July,August and September be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 313 - October 20,2005 (b) Royal Canadian Legion—Port Burwell-Bayham Branch 524 request for temporary road closing in Port Burwell to permit a Remembrance Day Parade on November 6 beginning at 2:00 p.m. File: T09 2005-587 Moved by P Ens Seconded by C Evanitski "THAT the Royal Canadian Legion request for use of streets for the Remembrance Day Parade be received; AND THAT the Municipality of Bayham grants permission to use Robinson and Pitt Streets in Port Burwell for the annual Armistice Parade,subject to providing proof of liability insurance coverage; AND THAT the Council of the Municipality of Bayham request permission from the County of Elgin to use Wellington Street in Port Burwell between 1:45 p.m.and 2:30 p.m. for the Armistice Day Parade on Sunday November 6,2005; AND THAT the Public Works Superintendent be directed to make the necessary arrangements for traffic control and safety; AND THAT Council authorizes the Legion to conduct the annual Poppy Campaign in Bayham beginning October 21,2005; AND THAT Council authorizes a donation toward the placement of wreaths at the Port Burwell(and Vienna)cenotaph(s)in the amount of$75." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES No Items 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 10940 to Cheque# 11030 inclusive, except cheques# 10981, 10995 and 10996,totaling$140,130.94,Cash Requirements for the period ending October 17th and Payroll Disbursements for the period ending October 9, 2005 totaling$ 36,786.03. 2005-588 Moved by P Ens Seconded by C Evanitski "THAT the Cheque Register, being Cheque # 10940 to Cheque # 11030 inclusive, except cheques# 10981, 10995 and 10996, totaling$140, 130.94, Cash Requirements for the period ending October 17th and Payroll Disbursements for the period ending October 9, 2005 totaling$36,786.03 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2005-34 regarding Building Permit Fees. File: Flt COUNCIL MINUTES - 314 - October 20, 2005 2005-589 Moved by M Schafer Seconded by C Evanitski "THAT Staff be authorized to proceed with developing building permit fees as outlined in Report 2005-34; AND to provide for a public meeting to present and discuss the Building Permit Fees By- law at the first meeting November." Disposition: Motion Carried Unanimously (c) Staff Report F2005-32 regarding Rates&Fees. File: F 2005-590 Moved by M Taylor Seconded by P Ens "THAT Staff be authorized to proceed with developing rates and fees as outlined in Report F2005-32 and to provide for a public meeting to present and discuss the Rates& Fees By-law at the first meeting in November." Disposition: Motion Carried Unanimously (d) Staff Report F2005-35 regarding Financial Reporting for the period ending September 30, 2005. File: F03 2005-591 Moved by P Ens Seconded by C Evanitski "THAT Staff Report F2005-35 regarding financial reporting for the period ending September 30th be received for information." Disposition: Motion Carried Unanimously (e) East Elgin Community Assistance Program and Corner Cupboard correspondence dated October 2005 requesting a financial assistance. File: FII 2005-592 Moved by M Schafer Seconded by P Ens "THAT the correspondence dated October, 2005 from the East Elgin Community Assistance Program and Corner Cupboard requesting financial assistance be received; AND THAT an application for municipal assistance be forwarded to the organization for completion and return for Council's consideration during the 2006 budget deliberations." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 315 - October 20, 2005 (f) Port Burwell Community Childcare Centre correspondence dated October 14, 2005 and Business Plan. File: Fl i 2005-593 Moved by M Taylor Seconded by M Schafer "THAT the correspondence dated October 14, 2005 from the Port Burwell Community Childcare Centre requesting financial assistance be received for information." Disposition: Motion Carried Unanimously (g) Children's Health Foundation correspondence dated October 12,2005 requesting permission to sell raffle lottery tickets in Bayham under City of London License#M457625. File: P09 2005-594 Moved by P Ens Seconded by M Taylor "THAT the correspondence dated October 12,2005 from the Children's Health Foundation be received; AND THAT the Council of the Municipality of Bayham acknowledges notification that raffle tickets may be sold in Bayham under City of London Municipal Lottery License No.M457625." Disposition: Motion Carried Unanimously (h) Edison Museum of Vienna Board draft minutes of meeting held September 19,2005 and draft By-law 2005-101 regarding resignations. Councillor Taylor advised that he attends meetings as time and schedule permit and requested his name be left on the by-law as the Council representative. The draft By-law 2005-101 was amended to reflect his request. File: C06 2005-595 Moved by P Ens Seconded by M Taylor "THAT the draft minutes of the Edison Museum of Vienna Board for the meeting held September 19,2005 be received; AND THAT By-law No.2005-101 as amended,being a by-law to further amend appointments By-law 2005-001, as amended,be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report F2005-33 regarding Port Burwell Community Childcare Center correspondence dated September 20,2005 requesting tax relief. File: C13 COUNCIL MINUTES - 316 - October 20, 2005 2005-596 Moved by M Schafer Seconded by M Taylor "THAT the Staff Report F2005-33 regarding Port Burwell Community Childcare Centre correspondence dated September 20,2005 requesting tax relief be received." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Bayham Water Distribution System and Small Municipal Non-Residential Wells Quarterly Reports for the period ending September 30, 2005. File: E05 2005-597 Moved by C Evanitski Seconded by M Taylor "THAT the Bayham Water Distribution System and Small Municipal Non-Residential Wells Quarterly Reports for the period ending September 30,2005 be received for information." Disposition: Motion Carried Unanimously (b) Port Burwell Wastewater Treatment Plant Annual Compliance Summary Report for the period ending September 30, 2005. File: E05 2005-598 Moved by P Ens Seconded by M Schafer "THAT the Port Burwell Wastewater Treatment Plant Annual Compliance Summary Report for the period ending September 30,2005 be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2005-599 Moved by C Evanitski Seconded by M Schafer "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss: u the security of the property of the municipality or local board; ❑ personal matters about an identifiable individual,including municipal or local board employees; Disposition: Motion Carried Unanimously COUNCIL MINUTES - 317 - October 20, 2005 2005-600 Moved by M Schafer Seconded by C Evanitski "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously I. CORRESPONDENCE&REPORTS (a) Confidential information regarding a personal matter. File: 1111 12. BY-LAWS By-law Z513-2005 A By-law to Further Amend Zoning Z456-2003 (Housekeeping) By-law 2005—090 A By-law to Authorize the Mayor and Clerk to Execute an Employment Agreement with Paul Groeneveld(Fire Chief/B/L Enforcement Officer) By-law 2005 -092 A By-law to Authorize Execution of a Site Plan Agreement with Carrel (Wind Tower) By-law 2005 -093 A By-law to Authorize Execution of a Site Plan Agreement with Algar Farms(Wind Tower) By-law 2005 -095 A By-law to Authorize Execution of a Site Plan Agreement with Underhill Farms(Wind Tower) By-law 2005 -096 A By-law to Authorize Execution of a Site Plan Agreement with McCord (Wind Tower) By-law 2005 -097 A By-law to Authorize Execution of a Site Plan Agreement with McCord (Wind Tower) By-law 2005 -098 A By-law to Authorize Execution of a Site Plan Agreement with Gregory Underhill Farms Ltd(Wind Tower) By-law 2005 -099 A By-law to Authorize Execution of a Site Plan Agreement with Jammie Underhill Farms Ltd. (Wind Tower) By-law 2005— 101 A By-law to Further Amend Appointments By-law 2005-001 By-law 2005—091 A By-law to confirm all actions of Council 2005-601 Moved by M Taylor Seconded by M Schafer "THAT By-laws 2005-090,2005-092,2005-093,2005-095,2005-096,2005-097,2005-098, 2005-099 and 2005-101 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 318 - October 20, 2005 2005-602 Moved by C Evanitski Seconded by M Taylor "THAT confirming By-law 2005-091 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2005-603 Moved by M Taylor Seconded by C Evanitski "THAT the meeting be adjourned at 10:35 p.m." Disposition: Motion Carried Unanimously MAYOR I : I,/ CLERK e jd Date Approved: