HomeMy WebLinkAboutMarch 03, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday March 3,2005
Public Meeting 7:30 (Zoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m.
Thursday,March 3,2005 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Mathew
Schafer, Councillors Mark Taylor and Paul Ens,Administrator Kyle Kruger and Clerk Lynda Millard.
Councillor Cliff Evanitski was absent.
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 February 17,2005
2005-101 Moved by P Ens
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
February 17,2005 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS None
ADDITION OF AGENDA ITEMS
2005-102 Moved by P Ens
Seconded by M Taylor
"THAT in accordance with Section 21 of Procedural By-law 2002-93,By-Iaw Z498-2005,be
added to the agenda under Item 12; correspondence dated March 1,2005 from
Straffordville Minor Ball to Paul Ens,and a confidential potential legal matter be added to
the agenda as items 9.1(b)and 11.1(a)respectively."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 40 - March 3, 2005
5. INFORMATION ITEMS
2005-103 Moved by P Ens
Seconded by M Schafer
"THAT Information Items 5(a)through 5(i)be received for information;
AND THAT Mayor Lynn Acre be authorized to attend the St. Thomas—Elgin Tourist
Association Annual General meeting on March 29th on behalf of the municipality."
Disposition: Motion Carried Unanimously
(a) Response correspondence to Karen Cummings from David Ramsey,Minister of Natural
Resources regarding Vienna Zoning. Also media article prepared by Ms. Cummings.
File: D
(b) Minutes of the Health&Safety Committee meeting held February 22,2005.
File: C06
(c) Federation of Canadian Municipalities dated February 23,2005 regarding"Today's Budget
Makes"New Deal"A Real Deal".
File: A16
(d) Minister of Municipal Affairs and Housing correspondence dated February 24,2005 regarding
the Greenbelt Act,2005 receives Royal Assent.
File: A16
(e) AMO correspondence dated February 15, 17, 18,23 and News Releases dated February 3.and 21,
2005 regarding"AMO Members to Receive Discounts for New Infrastructure Management
Certificate Program""AMO Responds to Source Water Implementation Committee","AMO
Responds to the Places to Grow Act", "AMO Report to Members: Recent MOU Meeting with
Province", and"Newspaper Stewards Special In-Kind Blue Box Contribution","Municipalities
Make Gains in Federal Budget","Premier Commits to Reconsidering CRF Decision","AMO
Regrets"Toronto's Withdrawal from Ontario's Municipal Association"and"Plan to Replace
$656 Million Community Reinvestment Fund Appears to Leave Province's Bills Unpaid in
2004". Also email dated February 25,2005 re"AMO Announces New Website".
File: A01
(f) St.Thomas—Elgin Tourist Association invitation dated February 2005 regarding Notice of
Annual General Meeting to be held March 29`h.
File: A01
(g) Bayham Culture Committee draft minutes of meeting held February 24,2005.
File: C06
(h) Willms& Shier Environmental Law February 2005 edition.
File: M07
(i) Bayham Community Centres Committee draft minutes of meeting held February 24,2005.
File: C06
COUNCIL MINUTES -41 - March 3,2005
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2005-006 regarding Harms Rezoning(remove holding symbol).
File: D14
2005-104 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2005-006 be received;
AND THAT Council approve the rezoning of property owned by Bernhard and Sara
Harms described as Part Lot 8 Concession 8,south side of Eden Line in the Hamlet of
North Hall,to remove the Holding(h)symbol from one proposed residential lot fronting on
Eden Line as submitted in the rezoning application;
AND THAT Zoning By-law No.Z498-2005 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report D2005-008 regarding Ketchabaw Severance Application.
File: D10
2005-105 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2005-008 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E3/05 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(A1)to
Rural Residential(RR)."
Disposition: Motion Carried Unanimously
(c) Staff Memorandum C2005-002 regarding BCHAC Comments regarding the Petition about health
clinic funding.
File: S08
2005-106 Moved by P Ens
Seconded by M Taylor
"THAT Staff Memorandum C2005-002 be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -42 - March 3, 2005
2. PUBLIC MEETING
2005-107 Moved by M Taylor
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.(a) Application:
7:30 p.m.—Application to change the zoning on a parcel of land comprising 5.5 hectares(13.5
acres) situated on the northeast corner of Springer Hill Road and Eden Line in Part Lot 1,
Concession 9, from the Agriculture(Al)Zone to the site specific Agricultural(A1-18)Zone
submitted by John&Sarah Martin.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2005-007 was presented by the Planning Co-ordinator. She noted that written
comments had been received from neighbouring landowner Jonathan Baxter and Jennifer
McQueen in opposition to the application, and verbal support had been received from Donald
Baldwin,neighbour.
She noted that the applicant was present if there were any questions.
4. Public Comments
Donald Baldwin was in attendance and confirmed his support of the application,noting that he
has been neighbours with the applicant for six years and there have been no issues.
5. Council Comments and Questions
Q. Councillor Ens questioned how unwanted barking would be dealt with.
A. The applicant responded that he would place a special collar on the misbehaving dog which
deters the animal from barking.
Q. Deputy Mayor Schafer questioned whether the applicants lived on site and what type of
housing he would provide.
A. The applicant confirmed that he does live at this location and added that he has 8' x 8'pens
with fenced runs.
The Administrator advised that routine inspections of kennels are carried out by OMAF staff.
Deputy Mayor Schafer suggested that the by-law could be amended to allow ten dogs in the first
year and twenty in the following years and that issues could be addressed through the annual
Kennel License renewal.
COUNCIL MINUTES -43 - March 3, 2005
6. Adjournment
2005-108 Moved by P Ens
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 7:45p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2005-109 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report D2005-007 be received;
AND THAT the zoning of those lands located in Part Lot 1 Concession 9, 11062 Springer
Hill Road,owned by John and Sarah Martin be changed from Agricultural(Al)to Site-
Specific Agriculture(A1-18)to allow an animal kennel as a permitted use,with a limit of 10
adult dogs in year one,and a limit of 20 adult dogs in year two and beyond;
AND THAT Zoning By-law Z497-2005,as amended,be presented for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
Y. CORRESPONDENCE&REPORTS
(a) Staff Report PR2005-001 regarding Road Closure Between Concession 10 and 11.
File: T09
2005-110 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report PR2005-001 be received;
AND THAT staff be directed to initiate any required procedures pursuant to the Municipal
Act to close portions of the road allowance between Concessions 10 and 11 in lot 9 of the
former Township of Bayham, and convey such to the abutting property owners."
Disposition: Motion Carried Unanimously
(b) Staff Report PR2005-002 regarding Abandoned Roadway Transfer—Lots 119 and 120.
File: L07
COUNCIL MINUTES -44 - March 3, 2005
2005-111 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report PR2005-002 be received;
AND THAT Mr. Scott Campbell be advised that the Municipality will accept the proposed
conveyance process outlined in his letter dated February 8th, 2005, provided his client
reimburses the Municipality's administrative costs."
Disposition: Motion Carried Unanimously
(c) Staff Report PR2005-003 regarding Land Acquisition—Coyle Road Widening.
File: L07
2005-112 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report PR2005-003 be received;
AND THAT By-law No.2005-017,being a by-law to authorize the acquisition of lands from
Wallace Sandham, and By-law No. 2005-018,being a by-law to authorize the acquisition of
lands from Grant and Mary Ann Harvey,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
I. CORRESPONDENCE&REPORTS
(a) Ministry of Public Safety and Security correspondence dated February 15, 2005 regarding
emergency management program.
File: P15
2005-113 Moved by P Ens
Seconded by M Taylor
"THAT the Ministry of Public Safety and Security correspondence dated February 15,2005
advising that the establishment of the Essential Emergency Management Program has been
achieved be received for information."
Disposition: Motion Carried Unanimously
(b) Elgin Group Police Services Board correspondence to the Ministry of Community Safety&
Correctional Services, Office of the Fire Marshall dated February 11,2005 regarding access to
closed roads by volunteer firefighter using personal vehicles.
File: P16
COUNCIL MINUTES -45 - March 3,2005
2005-114 Moved by P Ens
Seconded by M Taylor
"THAT the Elgin Group Police Services Board correspondence to the Ministry of
Community Safety& Correctional Services,Office of the Fire Marshall dated February 11,
2005 be received;
AND THAT the Council of the Municipality of Bayham supports the request to the
Provincial government for amendments to the appropriate legislation to permit access to
closed roads by volunteer firefighter using personal vehicles." •
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION& PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#9725 to Cheque#9794 inclusive,totaling$123,846.90 and
Payroll Disbursements for the period ending February 13,2005 totaling$41,907.08.
2005-115 Moved by M Schafer
Seconded by P Ens
"THAT the Cheque Register being Cheque#9725 to Cheque#9794 inclusive,totaling$
123,846.90 and Payroll Disbursements for the period ending February 13/05 totaling.
$41,907.08 be approved."
Disposition: Motion Carried Unanimously
(b) Correspondence dated March 1,2005 from Straffordville Minor Ball to Paul Ens regarding use of
the Municipal office sign.
File: C13
2005-116 Moved by P Ens
Seconded by M Schafer
"THAT the correspondence dated March 1,2005 from Straffordville Minor Ball be
received;
AND THAT the advertising for Minor Ball registration be put onto the Municipal sign"
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 46 March 3, 2005
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Correspondence received February 21, 2004 from Cindy Stewart regarding Household Hazardous
Waste/Large Item Drop-off Day.
File: C13
2005-117 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence received February 21, 2004 from Cindy Stewart regarding
Household Hazardous Waste/Large Item Drop-off Day be received;
AND THAT Bayham residents be permitted to place unwanted items at the curb the week
prior to their Drop off at the Public Works Yard on May 28, to permit"shoppers" to pick
up desired items for their own use, as suggested."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2005-118 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:
g litigation or potential litigation,including matters before administrative
tribunals,affecting the municipality or local board."
Disposition: Motion Carried Unanimously
2005-119 Moved by M Schafer
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) Verbal Report regarding a confidential potential legal matter.
COUNCIL MINUTES -47 - March 3,2005
12. BY-LAWS
By-law Z497-2005 A By-law to Amend Zoning By-law Z456-2003, as amended(Martin)
By-law Z498 -2005 A By-law to Amend Zoning By-law Z456-2003, as amended(Harms)
By-law 2005—017 A By-law to Authorize the Purchase of Property&Dedicate for
Highway Purposes(Sandham/Coyle Road)
By-law 2005 018 A By-law to Authorize the Purchase of Property&Dedicate for
Highway Purposes(Harbey/Coyle Road)
By-law 2005—019 A By-law to confirm all actions of Council
2005-120 Moved by P Ens
Seconded by M Schafer
"THAT By-laws Z497-2005,Z498-2005,2005-017 and 2005-018 be read a first,second and
third time and finally passed."
Disposition: Motion Carried Unanimously
2005-121 Moved by P Ens
Seconded by M Taylor
"THAT confirming By-law 2005-019 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2005-122 Moved by M Taylor
Seconded by P Ens
"THAT the meeting be adjourned at 8:35p.m."
Disposition: Motion Carried Unanimously
/ \--P3i<. 1.
MAYOR
e
Ad\Li
CLERK
Date Approved 4 )7/155