HomeMy WebLinkAboutDecember 01, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday December 1,2005
7:00 p.m.
7:30,7:40&8:00 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, December 1, 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 By-law Enforcement Assistant
Carol Judd were in attendance to present their respective reports. The Clerk vacated Council Chambers
during discussion of item 11.1(a)
1. CALL TO ORDER Mayor Lynn Acre called the meeting to order at 7:06 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF None
3. APPROVAL OF MINUTES
Minutes of the Special Meeting of Council held November 17,2005
Minutes of the Regular Meeting of Council held November 17, 2005
2005-661 Moved by M Taylor
Seconded by C Evanitski
"THAT the minutes of the special meeting of the Municipality of Bayham held November
17,2005 be approved as circulated."
Disposition: Motion Carried Unanimously
2005-662 Moved by C Evanitski
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held November
17,2005 be approved as circulated."
Disposition: Motion Carried Unanimously
ADDITION OF AGENDA ITEM
2005-663 Moved by C Evanitski
Seconded by M Schafer
"THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Report
regarding a confidential personal matter be added to the agenda as item 11.1(b)."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 345 - December 1, 2005
4. DELEGATIONS
(a) 7:05 a.m.—Donna Lunn,President.,Elgin Federation of Agriculture was in attendance to make
a presentation regarding current trends in agriculture in Elgin County. Item 9.1(b)
5. INFORMATION ITEMS
2005-664 Moved by C Evanitski
Seconded by M Taylor
"THAT Information Items 5(a)through 5(h) be received for information."
Disposition: Motion Carried Unanimously
(a) Federation of Canadian Municipalities correspondence dated November 17, 2005 regarding
"Impact of an early election on Federal transfers for municipalities".
File: A16
(b) Ontario Good Roads/Rural Ontario Municipalities Association Conference"Fiscal Fairness:
Fueling the Partnership Funding the Future"to be held February 19—22, 2006.
File: A04
(c) Steve Peters,M.P.P.Press Release dated November 15th regarding Recognizing individual
excellence with The Order of Ontario.
File: M02
(d) Ontario Seniors' Secretariat information package regarding Elder Abuse nomination invitation
dated October 2005.
File: M02
(e) Association of Municipalities of Ontario correspondence dated November 15, 16, 21 and 22,
2005 regarding"OMERS—Bill 206 AMO's Standing Committee Presentation","MOE
Announces Process for Consultation on Environmental Penalties Regulations","MOE Announces
Monitoring and Reporting Requirements of the New Water Taking and Transfer Regulation
(O.Reg. 387/01)","Trust and Partnership: A One-Day Biosolids Seminar for Generating and
Receiving Municipalities","Historic Canada-Ontario Immigration Agreement Recognizes
Municipal Interests","Ontario Association of Non-Profit Homes and Services for Seniors Calls
on Government to Fulfill Election Promise","OMB Reform"and"Consultations set for
December 8`h on Stewardship Ontario's Funding Formula".
File: A01
(f) Ministry of Citizenship and Immigration correspondence dated November 21,2005 regarding
Immigration Agreement.
File: Al 6
(g) Ministry of Culture correspondence dated November 23,2005 regarding Strengthening Ontario's
Heritage: An Introductory guide to identifying,protecting and promoting your community's
heritage. (Guide available)
File: AI6
(h) Social Development Canada correspondence dated November 2, 2005 regarding nominations for
the 2006 Therese Casgrain Volunteer Award.
File: M02
COUNCIL MINUTES - 346 - December 1, 2005
6. PLANNING,DEVELOPMENT, RECREATION& TOURISM
I. CORRESPONDENCE&REPORTS
(a) Staff Report D2005-057 regarding A. &E. Peters Severance E106/05.
File: D10
2005-665 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report D2005-057 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E106/05 as submitted by Abraham and Emma Peters,which replaces
severance application E72/05,be approved subject to:
1. $500 cash-in-lieu payment to the municipality
2. a copy of the final survey provided to the municipality."
Disposition: Motion Carried Unanimously
(b) Staff Report D2005-058 regarding Hermann Severance of Surplus Farm Dwelling.
File: D10
2005-666 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report D2005-058 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E107/05,as submitted by Fred,Susan and Keith Hermann,be
approved subject to:
1. $500 cash-in-lieu payment to the Municipality for one created lot
2. rezoning of the severed parcel from Agriculture(Al)to Rural Residential
(RR)
3. rezoning of the retained parcel from Agriculture(Al)to Special Agriculture
(A2)
4. copy of the final survey be provided to the municipality
5. garden shed be removed."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETINGS
2005-667 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
COUNCIL MINUTES - 347 - December 1, 2005
1. (a) 7:30 n.m.-Application:The purpose of the amendment is to change the zoning on a .4lhectare
(1.04 acre)parcel of land situated on the south side of Light Line,east of Toll Gate Road from the
Agricultural(Al)Zone to the Rural Residential(RR)Zone and on a 19.42 hectare(48 acre)
parcel in the same location from the Agricultural(Al)Zone to the Special Agricultural(A2)Zone
submitted by Nez Farms Ltd.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2005-059 regarding Nez Farms Ltd.Rezoning was presented by the Planning Co-
ordinator. She advised that no written comments or concerns from the public had been received.
File: D14
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2005-668 Moved by P Ens
Seconded by C Evanitsld
"THAT the Public Meeting be adjourned at 7:32 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2005-669 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report D2005-059 be received;
AND THAT the zoning of those lands located in Concession 3 Part Lot 22,owned by Nez
Farms Ltd.,be changed from Agricultural(AI)to Rural Residential(RR)Zone on the
proposed severed surplus farm dwelling parcel and from Agricultural(Al)to Special
Agriculture(A2)Zone on the retained agricultural parcel;
AND THAT Zoning By-law Z515-2005 be presented for enactment."
Disposition: Motion Carried Unanimously
2005-670 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 - 348 - December 1,2005
1. (b) 7:40 n.m.-Application:The purpose of the amendment is to change the zoning on a 4.5 hectares
(11.1 acre)parcel of land situated on the west side of Plank Road, south of Carson Line from the
Mobile Home Park(MH)Zone to a site-specific Mobile Home Park(MH-2)Zone submitted by
Highway Meadows.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2005-061 regarding Highway Meadows Rezoning was presented by the Planning
Co-ordinator. She advised that no written comments or concerns had been received from the
public. The Co-ordinator indicated there are outstanding concerns that need to be addressed i.e.
layout of the park, size and placement of the modular homes, lot sizes,parking and servicing.
She recommended that the municipality enter into a site plan agreement for the existing park with
Highway Meadows Inc. in order for the issues to be addressed and deferral of the zoning
application and by-law. She added that David Roe,Planning consultant for the applicant and the
applicant were in attendance to address any questions.
File: D14
4. Public Comments
David Roe, agent for the applicant noted that there are currently forty-one(41)mobile homes and
the applicant would like to add fourteen(14). He suggested that the boundaries of the mobile
home park are not clearly defined and any expansion of those boundaries would have to be
considered in a similar manner as any expansion of the village or hamlet boundaries at the time
of the municipal five-year Official Plan review. He added that extension of the sewer line from
Eden be considered. He noted that modular homes are of a higher quality,durability and possess
improved aesthetics to mobile homes. He added that the applicant wishes to promote a retirement
lifestyle community,suggesting floor space would be limited to 1250 sq. ft. and include two
bedrooms only,no basements or garages permitted. Mr.Roe indicated that as a result of
discussions with the Planning Coordinator and the municipal planner at Cumming Cockburn
Ltd.,the next step would be to prepare a Site Plan and submit it at a later date for consideration.
5. Council Comments and Questions None
6. Adjournment
2005-671 Moved by C Evanitski
Seconded by M Schafer
"THAT the Public Meeting be adjourned at 7:54 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 349 - December 1, 2005
7. Disposition of Item
2005-672 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report D2005-061 be received;
AND THAT the rezoning application submitted by Highway Meadows Inc., Siegfried and
Margaret Blondeel,be deferred pending further information."
Disposition: Motion Carried Unanimously
2005-673 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
I. (c) 8:00 p.m. -Application: The purpose of the amendment is to change the zoning on 21.9 hectare
(54.22 acre) parcel of land from the Agriculture (Al) Zone to Agricultural - Temporary 4 (Al-
T4) Zone. The subject lands are located in Part Lot 26, South Gore, on the northeast corner of
Jackson Line and Coyle Road.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2005-060 regarding Dygos Temporary Rezoning was presented by the Planning
Co-ordinator. She advised that no written comments or concerns had been received from the
public.
File: D14
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2005-674 Moved by P Ens
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 8:01 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 350 - December 1,2005
7. Disposition of Itent
2005-675 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report D2005-060 be received;
AND THAT the zoning on those lands Iocated in Concession South Gore Part Lot 26,57346
Jackson Line,owned by Zygmunt,Rebecca,Troy and Allan Dygos,be changed from
Agriculture(AI)to Agriculture—Temporary 4(A1/T4)for period not exceeding six(6)
months, ending May 31,2006;
AND THAT zoning by-law Z516-2005 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE No Items
8. PROPERTY, BUILDING&PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Staff ReportP2005-018 regarding 2006 Dog License Agent Contract.
File: P14/L04
2005-676 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report#P2005-018 regarding Dog License Agent services for 2006 be
received;
AND THAT Council accept the proposal submitted by Rodger Martin;
AND THAT By-law 2005-122,being a by-law to authorize the Mayor and Clerk to execute a
contract agreement with Rodger Martin for Dog Licensing services for 2006 be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report P2005-019 regarding 2006 Canine Control Contract.
File: P14/L04
COUNCIL MINUTES - 351 - December 1, 2005
2005-677 Moved by P Ens
Seconded by M Taylor
"THAT staff report P2005-019 regarding Canine Control services be received;
AND THAT Council accept the proposal submitted by Rodger Martin;
AND THAT By-law#2005-123 being a by-law to authorize the Mayor and Clerk to execute
a contract agreement with Rodger Martin for Canine Control/Pound Keeper Services be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 11133 to Cheque# 11189 inclusive, except cheques# 11133,
11146 and 11150 totaling$163,260.55, Cash Requirements for the period ending December 5th
and Payroll Disbursements for the period ending November 20th,totaling$ 39,454.42.
2005-678 Moved by M Taylor
Seconded by P Ens
"THAT the Cheque Register, being Cheque # 11133 to Cheque # 11189 inclusive, except
cheques # 11133, 11146 and 11150,totaling $163,260.55, Cash Requirements for the period
ending December 5th and Payroll Disbursements for the period ending November 20th.
totaling$39,454.42 be approved."
Disposition: Motion Carried Unanimously
(b) Elgin Federation of Agriculture correspondence dated October 18,2005 regarding current trends
in agriculture in Elgin County presentation.
File: A01
2005-679 Moved by M Taylor
Seconded by M Schafer
"THAT the Elgin Federation of Agriculture correspondence dated October 18, 2005
regarding current trends in agriculture in Elgin County be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Memorandum C2005-009 regarding the December and January meetings.
File: A09
COUNCIL MINUTES - 352 - December 1,2005
2005-680 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Memorandum C2005-009 be received;
AND THAT the regular meeting of Council scheduled for December 15,2005 be held
at the Vienna Community Centre beginning at 6:00 pm;
THAT the Volunteer Recognition Awards be presented following the Council
meeting;
AND THAT the regular January 2006 Council meetings be rescheduled to allow for
one meeting only on Thursday January 12,2006 at 7:00 p.m."
Disposition: Motion Carried Unanimously
(d) Staff Memorandum 2005-010 regarding Community Centre Management and the Janitorial
Services Agreements.
File: L04
2005-681 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Memorandum 2005-010 regarding Community Centre Management and the
Janitorial Services Agreements be received;
AND THAT By-law 2005-119,2005-120 and 2005-121,being by-laws to authorize the
Mayor and Clerk to execute renewal agreements with Jacqueline Bootle and Ramona
Peidl for Vienna Community Centre Management and Community Centres Janitorial
Services,respectively,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Request by Councillor Ens for discussion of the establishment of a reserve for a skateboard
facility.
2005-682 Moved by M Schafer
Seconded by C Evanitski
"THAT Council approve the establishment of Straffordville and Vienna skateboard facility
reserves and others as they come forward."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 353 - December 1,2005
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Elgin Area Primary Water Supply system correspondence dated November 2, 2005 regarding
funding support.
File: Fi l
2005-683 Moved by P Ens
Seconded by C Evanitski
"THAT the Elgin Area Primary Water Supply system correspondence dated November 2,
2005 regarding CSIF funding support be received;
AND THAT a letter be sent by the Municipality of Bayham to the federal Minister of
Finance requesting continued funding support for the Canada Strategic Infrastructure
Fund."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2005-684 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:
❑ personal matters about an identifiable individual,including municipal or local
board employees."
Disposition: Motion Carried Unanimously
2005-685 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
CORRESPONDENCE&REPORTS
(a) Staff Report regarding a confidential personal matter.
(b) Staff Report H2005-003 regarding a confidential personal matter.
2005-686 Moved by C Evanitski
Seconded by P Ens
"THAT Council hereby authorizes vacation time outlined in Staff Report H2005-003 be
carried over into 2006 as discussed in closed session."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 354 - December 1,2005
12. BY-LAWS
By-law Z515-2005 A By-law to Further Amend Zoning B/L Z456-2003 (Nez Farms Ltd.)
By-law Z516-2005 A By-law to Further Amend Zoning B/L Z456-2003 (Dygos)
By-law 2005— 119 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with J Bootle for Management Services(Vienna Community Centre)
By-law 2005— 120 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with R Peidl for Janitorial Services(Vienna CC)
By-law 2005—121 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with R Peidl for Janitorial Services (Straffordville CC)
By-law 2005— 122 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Dog Licensing Services
By-law 2005— 123 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Canine Control Services
By-law 2005— 125 A By-law to confirm all actions of Council
2005-687 Moved byP Ens
Seconded by M Taylor
"THAT By-laws Z515-2005,Z516-2005,2005-119,2005-120,2005-121,2005-122,and
2005-123,be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
2005-688 Moved by M Taylor
Seconded by P Ens
"THAT confirming By-law 2005-125 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2005-689 Moved by C Evanitski
Seconded by P Ens
"THAT the meeting be adjourned at 10:36 p.m."
Disposition: Motion Carried Unanimously
MAYOR A Alk ji j CLERK v / JJ€ d
Date Approved: /SID J