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HomeMy WebLinkAboutJune 16, 2005 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday June 16,2005 7:00 p.m. (Public Meetings—Zoning 7:30 & 8:00 p.m.) The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. Thursday, June 16, 2005 in Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Mathew Schafer(arrived at 7:45 p.m.),Councillors Mark Taylor,Paul Ens and Cliff Evanitski,Administrator Kyle Kruger and Clerk Lynda Millard. Planning Co-ordinator Margaret Underhill was in attendance to present her 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 June 2,2005 2005-317 Moved by M Taylor Seconded by M Schafer "THAT the minutes of the regular meeting of the Municipality of Bayham held June 2,2005 be approved as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m.—Chuck Archer,resident,was in attendance to request the installation of a streetlight on Sandytown Road. ADDITION OF AGENDA ITEMS 2005-318 Moved by M Taylor Seconded by M Schafer "THAT in accordance with Section 21 of Procedural By-law 2002-93,correspondence from Fran Southwick,Staff Memorandum C2005-004,correspondence from Hennessey Gibson Hogan and the resolution from the City of Cambridge regarding Volunteer and Municipal Trails be added to the agenda as item(s) 8.1(f),9.1(h),9.1(i)and 9.1(j) respectively." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 210 - June 16,2005 5. INFORMATION ITEMS 2005-319 Moved by M Taylor Seconded by M Schafer "THAT Information Items 5(a)through 5(m)be received for information." Disposition: Motion Carried Unanimously (a) Bayham Culture Committee minutes of meetings held May 16 and 30, 2005. File: C06 (b) Bayham Historical Society"History in the Making"newsletter and minutes of meeting held May 12,2005. File: C06 (c) John Yakabuski,MPP News Release dated June 3,2005 regarding"Yakabuski Demands Fair Share of Gas Tax Rebates for Rural Ontario". File: M06 (d) Bayham Joint Health& Safety Committee minutes of meeting held May 17,2005. File: C06 (e) Alzheimer Advocate Newsletter June 2005 edition. File: M07 (f) AMO correspondence dated May 30 and June 1, 3 and 9,2005 regarding"COMRIF Intake Two Launch Planned for Mid-June", "Province Introduces OMERS Devolution Bill", "Federal Government to Provide an Additional$310 Million for Municipal Transit in Ontario", "Environmental Penalties and Municipalities"and"Legislative Updates: Bill 128 re: Marijuana Home Grow Operations and Legislation to End Mandatory Retirement". File: A01 .(g) AMO News Releases dated May 31 and Junel,2005 regarding"AMO Please by the Results of Drinking Water Progress Report","Federal Government to Provide Additional$800 Million for Municipal Transit"and"OMERS Devolution Bill will Mean Higher Costs for Municipalities and Municipal Employees". File: M06 (h) Ministry of Municipal Affairs&Housing Fact Sheet dated June 2,2005 regarding"Greenbelt Council Members"and News Releases dated June 1, 2, 7, 8 and 9 regarding"Sixty Days to a New Era in Protecting Consumers and Businesses","McGuinty Government Takes Next Step on Plan for Greenbelt Protection","McGuinty Government Introduces Legislation to End Mandatory Retirement", "Ontario and Toronto Seek Public Input on Toronto Legislation"and"Government Supports Growth of Local Business". File: A16/M06 (i) Federal Leader of the Opposition correspondence dated May 6,2005 regarding Federation of Canadian Municipalities correspondence related to passage of the federal budget. File: A16 COUNCIL MINUTES - 211 - June 16,2005 (j) OMERS correspondence dated May 24,2005 regarding the OMERS 2004 Annual Report. File: A01 (k) Elgin St.Thomas health Unit correspondence dated June 7,2005 regarding West Nile Virus testing. File: A16 (1) Ontario Mayors for the Future of Agriculture minutes of meeting held June 1, 2005 in Simcoe. File: A16 (m) Ministry of Consumer and Business Services News Release dated June 13,2005 regarding "Ontario Government Improving Services to the Public". File: M06 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS (a) Staff Report D2005-026 regarding Griesbach Severance Application to create a lot. (Deferred from May 19th) File: D10 (b) Staff Report D2005-029 regarding Blondeel Severance Application. (lot adjustment-deferred from May 10) Staff Report D2005-031 providing amended E42/05 application information. File: D10 2005-320 Moved by P Ens Seconded by M Taylor "THAT Council acknowledges that Staff Report D2005-031 replaces Staff Report D2005-029; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E42/05,as amended,be approved subject to: 1. the severed parcel being merged in title with the adjacent property owned by Siegfried and Margaret Blondeel, assessment roll#34-01-000-003-14400,as a Iot addition 2. rezoning of the severed parcel and the residential parcel from Agriculture(A1)to Rural Residential(RR) 3. copy of the final survey being provided to the municipality." Disposition: Motion Carried Unanimously COUNCIL MINUTES -212 - June 16,2005 3. PUBLIC MEETING 2005-321 Moved by C Evanitski 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.(a) Application: 7:30 p.m.—Application to change the zoning on a parcel of land comprising 3370.6m(.83 acre) situated on the south side of Green Line,east of Talbot Line in Part Lot 20,Concession 10,from the Agricultural(Al)Zone to the site specific Agricultural(A1-20)Zone submitted by Jamie Tupper. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2005-033 was presented by the Planning Co-ordinator. She advised that no written or verbal comments or objections from the public had been received. 4. Public Comments Mr.David Roe,planning consultant representing the applicant,was in attendance and provided his comments in support of passage of the proposed rezoning. 5. Council Comments and Questions None 6. Adjournment 2005-322 Moved by M Taylor Seconded by C Evanitski "THAT the Public Meeting be adjourned at 7:44 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2005-323 Moved by M Schafer Seconded by C Evanitski "THAT Staff Report D2005-033 be received; AND THAT Staff be directed to prepare a By-Law to rezone the property for Council's consideration." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 213 - June 16,2005 2005-324 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 1.(b) Application: 8:00 a.m.—Application to change the zoning on a parcel of land comprising 1.39 hectare(3.43 acre) situated on the south side of Green Line, east of Talbot Line in Part Lot 19, Concession 10, from the Agricultural(Al)Zone to the site specific Farm Commercial(FC-1)Zone submitted by Edwin Paul&Mandy Jane McLaughlin. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. StaffPresentation Staff Report D2005-032 was presented by the Planning Co-ordinator. She advised that additional comments from Cumming Cockburn Ltd.regarding the potential for only agricultural warehousing had been circulated to Council members prior to the meeting. She added that the current use as a truck terminal is not in compliance with the present zoning requirements. She advised that written objection from Greg Loehndorf had been received and were included in the Council package. In addition, comments received from the Ministry of Transportation indicated realignment of Highway#3 and Green Line would be required,and that the Municipality would require upgrades to Green Line at the expense of the applicant. The Planning Co-ordinator noted that Mr. &Mrs.McLauglin,Mr.Loehndorf and Mr.Roe were in attendance. 4. Public Comments Mr.David Roe,planning consultant representing the applicant, suggested that the proposed uses for: (1) Agriculturally based trucking and trailer repair and storage, (2) MTO inspection site for trucks and trailers, and (3) Warehousing for agricultural products and equipment, could be downsized to accommodate agricultural related utilization of the building. Mr.Loehndorf voiced his concerns that the operation is too large, is not agricultural based and is a threat to pedestrian and vehicular traffic safety. 5. Council Comments and Questions Councillor Evanitski commented that there seemed to be potential for compromise and suggested a traffic/safety study be undertaken. The Administrator advised that Council has flexibility in the uses it wishes to permit. COUNCIL MINUTES - 214 - June 16,2005 It was suggested that the comments dated June 15/05 from Cumming Cockburn Ltd.could be used as guidelines in regard to the size,number of vehicles and determination of what is considered agricultural related. C.Evanitski suggested that comparison as a terminal depot vs truck repair vs agricultural related warehousing be the basis for a traffic study to determine the impact of each. 6. Adjournment 2005-325 Moved by C Evanitski Seconded by P Ens "THAT the Public Meeting be adjourned at 9:00 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2005-326 Moved by M Schafer Seconded by M Taylor "THAT Staff Report D2005-032 be received; ANI)THAT the rezoning application received April 22,2005 as submitted by Edwin Paul McLaughlin and Mandy Jane McLaughlin be deferred." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE CORRESPONDENCE&REPORTS (a) Correspondence received June 10,2005 from Paul Ens, Chairman, Straffordville Community Committee requesting support for placement of a Watermelon Fest road banner across Plank Road. File: C13 2005-327 Moved by M Schafer Seconded by C Evanitski "THAT the correspondence received June 10,2005 from Paul Ens,Chairman, Straffordville Community Committee be received; AND THAT the Council of the Municipality of Bayham supports the placement of a Watermelon Fest banner(approximately 20') across Plank Road between#9405 and#9406 Plank Road, Straffordville." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 215 - June 16,2005 2. UNFINISHED BUSINESS (a) Report from Elgin County Council dated May 12, 2005 regarding Financial support for dredging the Port Burwell Harbour. Also Staff Memorandum dated June 9/05. File: E10/A16 2005-328 Moved by M Schafer Seconded by M Taylor "THAT the Report to County Council dated May 12,2005 regarding financial support for dredging the Port Burwell Harbour be received; AND THAT the Council of the Municipality of Bayham hereby requests that Elgin County Council support dredging of the Port Burwell Harbour in accordance with the Staff Report dated May 12,2005 and presented to County Council" Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING&PROTECTIVE SERVICES I. CORRESPONDENCE&REPORTS (a) Building Permit Report for the period ending May 31St. File: P10 2005-329 Moved by M Schafer Seconded by C Evanitski "THAT the Building Report for the period ending May 31, 2005 be received for information." Disposition: Motion Carried Unanimously (b) Ministry of Municipal Affairs&Housing correspondence dated June 1,2005 regarding"Status of Changes to the Building Code Act, 1992 and Building Code resulting from the Building Code Statute Law Amendment Act, 2002(Bill 124). File: A16 2005-330 Moved by C Evanitski Seconded by M Schafer "THAT the Ministry of Municipal Affairs&Housing correspondence dated June 1,2005 regarding the status of changes to the Building Code Act, 1992 and Building Code resulting from the Building Code Statute LawAmendmentAct,2002(Bill 124)be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 216 - June 16, 2005 (c) Staff Report P2005-013 regarding 2005 Yard Enforcement Contract. File: P01 2005-331 Moved by M Taylor Seconded by M Schafer "THAT Staff Report#P2005-013 regarding Yard Maintenance Contract Services be received; THAT Council accept the proposal submitted by Ron Genetello Property&Building Maintenance; AND THAT By-law#2005-055,being a by-law to authorize the Mayor and Clerk to execute the agreement with Ron Genetello,be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Staff Report PR2005-009 regarding Harbour Facilities 2005. File: L04 2005-332 Moved by M Taylor Seconded by M Schafer "THAT Staff Report PR2005-009 be received; AND THAT By-law No. 2005-054 to authorize execution of an agreement with Ron Bradfield, Bradcranex Inc. to operate the municipal Black Docks, boat launch, and finger docks for 2005 be presented to Council for enactment." Disposition: Motion Carried Unanimously (e) Staff Report 2005-regarding AIM easement agreement. File: L04 2005-333 Moved by M Schafer Seconded by M Taylor "THAT By-Iaw 2005-056, being a by-law to authorize the Mayor and Clerk to execute an easement agreement with the Town of Tillsonburg and Erie Shores Wind Farm General Partner Trust,be presented to Council for enactment." Disposition: Motion Carried Unanimously (f) Correspondence from Fran Southwick dated June 15, 2005 requesting exemption from the Noise By-law. File: C13 COUNCIL MINUTES - 217 - June 16,2005 2005-334 Moved by M Taylor Seconded by P Ens "THAT the correspondence from Fran Southwick dated June 15,2005 be received; AND THAT Council grants an exemption to the Noise by-law as requested,subject to notice and final approval by Council." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION& PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 10255 to Cheque# 10307 inclusive,except Cheques# 10256 and 10283,totaling$44,748.83 and Payroll Disbursements for the period ending June 5,2005 totaling$43,112.04. 2005-335 Moved by M Taylor Seconded by M Schafer "THAT the Cheque Register,being Cheque#10255 to Cheque#10307 inclusive, except Cheques#10256 and 10283,totaling$44,748.83 and Payroll Disbursements for the period ending June 5,2005 totaling$43,112.04 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated June 6,2005 from David and Irmgard Sinunonds regarding property in Vienna. File: C13 2005-336 Moved by M Taylor Seconded by P Ens "THAT correspondence dated June 6, 2005 from David and Irmgard Simmonds be received; AND THAT the correspondence be forwarded to the Edison Museum of Vienna Board for comment and response back to Council." Disposition: Motion Carried Unanimously (c) Correspondence dated March 24,2005 from the County of Elgin regarding an agreement to allow the Town of Aylmer to enforce parking and other matters within their boundaries. File: A16 COUNCIL MINUTES -218 - June 16, 2005 2005-337 Moved by C Evanitsld Seconded by M Schafer "WHEREAS the Municipal Act 2001,permits the transfer of all or any part of an upper tier power from an upper tier municipality to any one or more of the lower tier municipalities forming part of the upper tier municipality for municipal purposes; and WHEREAS the Corporation of the Town of Aylmer is,for municipal purposes, a lower tier municipality forming part of the Corporation of the County of Elgin as the upper tier municipality; and WHEREAS the Corporation of the County of Elgin and the Corporation of the Town of Aylmer have reached agreement for the transfer of specified powers for the regulation of traffic upon certain public highways under the jurisdiction of the Corporation of the County of Elgin but lying within the geographic territory of the Town of Aylmer from the said Corporation of the County of Elgin to the said Corporation of the Town of Aylmer; and WHEREAS the Council of the Corporation of the Town of Aylmer has enacted a by-law providing for the transfer of such powers from the Corporation of the County o Elgin to the Corporation of the Town of Aylmer; and WHEREAS the Municipal Act, 2001,requires that such by-law receive a certain level of consent from all other lower tier municipalities forming part of the upper tier municipality for municipal purposes. NOW THEREFORE the Council of The Corporation of the Municipality of Bayham resolves as follows: 1. THAT The Corporation of the Municipality of Bayham consents to the transfer of specified powers for the regulation of traffic upon John Street,Elm Street,and Beech Street within the geographic boundaries of the Town of Aylmer to the Corporation of the Town of Aylmer; 2. THAT The Corporation of the Municipality of Bayham consents to By-Law No. 25-05 for the Corporation of the Town of Aylmer,being a by-law to provide for the delegation of certain powers from the Corporation of the County of Elgin to the Corporation of the Town of Aylmer regarding John Street,EIm Street and Beech Street in the Corporation of the Town of Aylmer." Disposition: Motion Carried Unanimously (d) Staff Report F2005-019 regarding Mileage Rates—Council and Staff. File: F09 COUNCIL MINUTES -219 - June 16, 2005 2005-338 Moved by M Taylor Seconded by M Schafer "THAT Staff Report F2005-019 be received; AND THAT the reimbursement rate to Council and staff for the use of personal vehicles for municipal purposes be established at $0.45 per actual kilometer, beginning with the June 20th pay period." Disposition: Motion Carried Unanimously (e) Staff Reports H2005-002 regarding Code of Conduct—Building Officials. File: A09 2005-339 Moved by M Schafer Seconded by P Ens "THAT Staff Report H2005-002 be received; AND THAT By-law No.2005-052,being a by-Iaw to adopt a Code of Conduct for the Chief Building Official and Building Inspectors for the Municipality of Bayham,be presented to Council for enactment." Disposition: Motion Carried Unanimously (f) Draft By-law 2005-047 to further amend Non-Union Personnel Policy By-law 2002-98. File: C10 2005-340 Moved by P Ens Seconded by M Taylor "THAT By-law No.2005-047,being a by-law to further amend the non-union personnel policy By-law 2002-98,be presented to Council for enactment." Disposition: Motion Carried Unanimously (g) Staff Memorandum C2005-003 regarding Bayham Culture Committee Recommendations. File: A01 —BCC 2005-341 Moved by M Taylor Seconded by M Schafer "THAT Staff Memorandum C2005-003 be received; THAT the Council of the Municipality of Bayham approves the submission of an application to the Ontario Trillium Foundation, with the Municipality of Bayham as the lead applicant; COUNCIL MINUTES - 220- June 16, 2005 THAT Council directs staff to prepare and submit an Ontario Trillium Foundation grant application, prior to the July let deadline, to pursue the following goals identified in the Bayham Cultural Plan: Marketing&Advertising Plan $50,000 Banner Poles/Brackets for Bayham Villages $10,000 Curator(1 year, shared by 2 museums) $40,000 Festival Venue $50,000 (includes Critical Evaluation of Future Use Study for East Beach Improvements&Portable Stage& Electric Upgrades) TOTAL GRANT $150,000; AND THAT Council directs staff to prepare and submit an application for a Feasibility and Costing Study for the Edison Museum Complex under the Cultural Spaces grant as soon as possible." Disposition: Motion Carried Unanimously (h) Staff Memorandum C2005-004 regarding Bayham Culture Committee Balance of OTF Funds. File: A01 —BCC 2005-342 Moved by M Schafer Seconded by P Ens "THAT Staff Memorandum C2005-004 be received; AND THAT Council authorize utilization of the Edison Museum 2005 operating budget for the hiring of a student under the Summer Job Service program to assist with the additional marketing and advertising project for the Bayham Culture Committee." Disposition: Motion Carried Unanimously (i) Hennessey Gibson Hogan correspondence dated June 10, 2005 regarding Nancy Lee Vince claim of ownership. File: L07 2005-343 Moved by M Schafer Seconded by M Taylor "THAT the correspondence from Hennessey Gibson Hogan dated June 10,2005 be received; AND THAT the matter be referred to staff and the municipal solicitor for comment; AND THAT a by-law be prepared to authorize the Mayor and Clerk to execute the necessary transfer documents,subject to any changes recommended by the solicitor." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 221 - June 16, 2005 (U) City of Cambridge correspondence dated May 17,2005 requesting support for their resolution passed May 16th regarding Volunteer and Municipal Trails. 2005-344 Moved by M Taylor Seconded by M Schafer "THAT the Council of the Municipality of Bayham supports the resolution passed by the City of Cambridge regarding Volunteer and Municipal Trails passed on May 16,2005." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2005-345 Moved by M Taylor Seconded by C Evanitski "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 June 16,2005." Disposition: Motion Carried Unanimously 10. ENVIRONMENT No Items 11. COMMITTEE OF THE WHOLE 2005-346 Moved by P Ens Seconded by C Evanitski "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 2005-347 Moved by C Evanitski Seconded by P Ens "THAT the Committee of the Whole do now rise from the"In Camera"Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Correspondence dated June 6,2005 regarding a potential litigation matter. File: P01 COUNCIL MINUTES -222 - June 16,2005 (b) Verbal report regarding a confidential personal matter. 2005-348 Moved by M Taylor Seconded by P Ens "THAT the resignation of Sam Taylor as Bayham Fire Chief be accepted,effective July 10, 2005 with regret." Disposition: Motion Carried Unanimously 12. BY-LAWS By-law 2005—047 A By-law to Further Amend Non-Union Personnel Policy B/L 2002-98 By-law 2005 -052 A By-law to Adopt a Chief Building Official/Building Inspectors Code of Conduct By-law 2005—054 A By-law to Authorize the Execution of a Lease Agreement with Ronald Bradfield,Bradcranex Inc. By-law 2005—055 A By-law to Authorize the Execution of an Agreement for Yard Maintenance Services(Ron Genetello) By-law 2005—056 A By-law to Authorize the Mayor and Clerk to Execute an Easement Agreement with the Town of Tillsonburg and AIM PowerGen Corporation By-law 2005—053 A By-law to confirm all actions of Council 2005-349 Moved by P Ens Seconded by M Schafer "THAT By-laws 2005-047,2005-052,2005-054,2005-055 and 2005-056 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2005-350 Moved by P Ens Seconded by C Evanitski "THAT confirming By-law 2005-053 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 223 - June 16, 2005 13. ADJOURNMENT 2005-351 Moved by C Evanitski Seconded by M Taylor "THAT the meeting be adjourned at 11:00 p.m." Disposition: Motion Carried Unanimously ON - tlicYA410 44 MA Aj CL Date Approved: -7, coca�5"