HomeMy WebLinkAboutMay 05, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday May 5,2005
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m.
Thursday, May 5, 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 and Chief Building Official / Drainage Superintendent
Dwayne Daniel were in attendance to present their respective 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
Councillor Paul Ens disclosed an interest in Item 6.1(c)as he is one of the applicants,and vacated
Council Chambers during discussion and vote of this item. He advised that his agent David Roe,
Civic Planning Solutions Inc.was present and would respond to questions on his behalf.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held April 21,2005
Minutes of the Special Budget Meeting held April 28,2005
2005-224 Moved by M Schafer
Seconded by M Taylor
"THAT resolution 2005-217 in the minutes of the regular meeting of the Municipality of
Bayham held April 21,2005 be corrected to read:
'THAT By-law 2005-034 be read a first and second time;
AND THAT By-laws Z502-2005,2005-026,2005-029,2005-030,2005-032,2005-033,2005-
035 and 2005-036 be read a first, second and third time and finally passed';
AND THAT the minutes be approved,as amended."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 171 - May 5,2005
2005-225 Moved by P Ens
Seconded by M Taylor
"THAT the minutes of the special budget meeting of the Municipality of Bayham held
April 28,2005 be approved."
Disposition: Motion Carried Unanimously
ADDITION OFAGENDA ITEMS
2005-226 Moved by M Taylor
Seconded by M Schafer
"THAT in accordance with Section 21 of Procedural By-law 2002-93, confidential legal and
personal matters be added to the agenda as items 11.1(b),11.1(c) and 11.1(d)respectively."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:00 p.m.—Mary Zacharias~was in attendance regarding Item 6.1(e).
5. INFORMATION ITEMS
2005-227 Moved by M Taylor
Seconded by M Taylor
"THAT Information Items 5(a)through 5(k)be received for information."
Disposition: Motion Carried Unanimously
(a) Communities in Bloom correspondence dated April 18,2005 regarding Municipal Gateway
Competition.
File: A01
(b) Fair Air Association of Canada fax correspondence dated April21,2005 regarding Government
Data Shows Smoking Bans Devastate Bar Industry Reports Leading Economist.
File: A01
(c) Federation of Canadian Municipalities correspondence dated April 15,2005 regarding "Urge
MP's to Pass the Federal Budget".
File: A16
(d) Ministry of Community Safety and Correctional Services correspondence dated March 31, 2005
regarding"Public Fire Safety Guideline 04-08A-03, Optimizing Rural Emergency Response".
File: A16
COUNCIL MINUTES - 172 - May 5,2005
(e) Copy of Minister of Natural Resources correspondence dated April 21,2005 to Karen Cummings
regarding floodplain regulations.
File: A16
(f) AMO correspondence dated April 19,21,22 and 26 and News Releases dated April 22 and 29,
2005 regarding"Province Seeks Input on Licensing Regulations for Electrical Contractors and
Master Electricians","Correction", "Heritage Amendment Bill Revised","Municipal Leaders are
Urged to Contact their Federal MPs to Support Passage of the Federal Budget Bill", AMO
Responds to the Advisory Council on Drinking Water","MOE Releases New Permit to Take
Water Manual", "Canada and Ontario Announce Approval of COMRIF Funding for 120
Projects","Parliament Urged to Make Passage of Budget a Priority" and"AMO Welcomes
Affordable Housing Breakthrough for Municipalities".
File: A01
(g) CEUDA correspondence dated April 29, 2005 regarding"Follow-up—Requesting Your Support
for a Canadian Border Patrol.
File: A01
(h) City of Chicago United States Fish and Wildlife Service correspondence dated March 30, 2005
regarding the Executive Summary of the Aquatic Invasive Species Summit.
File: A16
(i) MPAC correspondence dated Apri125,2005 regarding 2004 Annual Report&Financial
Statements.
File: Alb
(j) The Elgin,Middlesex, Oxford Local Training Board"Dialogue"newsletter Spring/Summer 2005
edition.
File: M07
(k) Detachment Commander's Report Elgin Group Police Service Board January—March 2005.
File: P17
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report C2005-011 regarding Household Hazardous Waste Day.
File: E07
2005-228 Moved by M Schafer
Seconded by M Taylor
"That the Municipality of Bayham contract Clean Harbors Canada Inc.to manage a
Hazardous Waste Drop-off Day on Saturday,May 28,2005."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 173 - May 5, 2005
(b) Staff Report D2005-020 regarding Abraham and Emma Peters Severance Application.
File: D10
2005-229 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2005-020 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E46/05 be approved subject to:
1. the application being amended to increase the rear yard setback from 3.0 metres to
9.0 metres as required for the existing machine shop
2. $500 cash-in-lieu payment to the Municipality for one created lot
3. a copy of the final survey provided to the municipality."
Disposition: Motion Carried Unanimously
(c) Staff Report D2005-019 regarding Ens Severance Application. (surplus farm dwelling)
File: D10
2005-230 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report D2005-019 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E45/05 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(Al)to Rural Residential(RR)
3. rezoning of the retained parcel from Agriculture(Al)to Special Agriculture(A2)
4. the purchase of a 911 identification sign for the retained parcel
5. a copy of the final survey be provided to the municipality,and
6. the partially collapsed cement kiln foundations be removed."
Disposition: Motion Carried Unanimously
(d) Staff Report D2005-021 regarding Kool Severance Application.
File: D10
2005-231 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report D2005-021 be received;
COUNCIL MINUTES - 174 - May 5,2005
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E49/05 be approved subject to:
1. the severed parcel to be merged in title with the adjoining property owned by
Wilson Eugene and Joy Marie Morse, Concession 10 South Part Lots 13 & 14
2. a copy of the final survey provided to the municipality."
Disposition: Motion Carried Unanimously
(e) Correspondence dated April 23,2005 from Mary Zacharias requesting a buffer strip waiver.
File: D14
2005-232 Moved by M Schafer
Seconded by M Taylor
"THAT the correspondence dated April 23, 2005 from Mary Zacharias requesting a buffer
strip waiver be received for information."
Disposition: Motion Carried
(f) Staff Report D2005-022 regarding Zacharias Buffer Strip.
File: D14
2005-233 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report D2005-022 regarding the Zacharias buffer strip requirement
be received;
AND THAT the Council of the Municipality of Bayham acknowledges the appeal
and rules that compliance has not been achieved;
AND THAT further work be completed by Mr. and Mrs. Zacharias to meet the
requirements for a buffer strip, as defined in the Township of Bayham Zoning By-
law 2387, no later than June 30,2005."
Disposition: Motion Carried
2. UNFINISHED BUSINESS
(a) Staff Report D2005-010 regarding Jamie Underhill Severance Application(surplus farm dwelling
-from March I7`h).
Staff Report D2005-017 providing revised application information.
File: D10
2005-234 Moved by M Schafer
Seconded by M Taylor
"THAT Council acknowledges that Staff Report D2005-017 replaces Staff Report
D2005-010;
COUNCIL MINUTES - 175 - May 5, 2005
AND THAT Council recommends to the Elgin County Land Division Committee
that severance application E13/05, as amended, 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. a copy of the final survey be provided to the municipality."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE &DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Request from Bob Graham,Edison Fest Parade Committee for closure of streets in Vienna on
June 4th for parade and festivities.
File: T09
2005-235 Moved by M Taylor
Seconded by P Ens
"THAT permission be granted to use Municipal streets in Vienna for the Edison Fest on
June 4,2005, subject to provision of proof of liability insurance coverage;
AND THAT closure of North Street and Chapel Street between North Street and Plank
Road,be approved as necessary;
AND THAT the Municipality hereby requests permission from the County of Elgin to use
County Road portions for the following parade route: Plank Road from Water Street east
to Edison Drive,Edison Drive north to Ann Street,westerly on Ann Street to Elm Street,
southerly to Plank Road and westerly on Plank Road returning to Water Street,for a
parade in Vienna on June 4111,beginning at 10:00 a.m.;
AND THAT the Bayham Public Works Department provide the necessary traffic control
and signage requirements to maintain public safety."
Disposition: Motion.Carried Unanimously
(b) Correspondence received April 22,2005 from Jim Elliot regarding sidewalk/grass cutting in Port
Burwell.
File: C13
2005-236 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence dated April 18,2005 from Jim Elliot be received;
COUNCIL MINUTES - 176 - May 5, 2005
AND THAT the Public Works Department be directed to level the ground and spread grass
seed at the corner of Wellington and Victoria Streets in Port Burwell."
Disposition: Motion Carried Unanimously
(c) Staff Report DR2005-005 regarding the Little Jerry Drain Crossing.
File: E09
2005-237 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report DR2005-005 regarding a petition for construction of drainage works
for the Little Jerry Drain Crossing be received;
AND THAT the Council of the Municipality of Bayham acknowledges the filing with the
Clerk of the petition on April 28,2005 by Simon L. Swartzentruber;
AND THAT Council agrees to proceed with this matter and appoints Spriet Associates,
Engineers,to prepare a preliminary report on the proposed drainage area,pursuant to
Section 5 of the Drainage Act,for Council's consideration;
AND THAT Staff be directed to mail Notices for the"On-Site Meeting"to be held with the
engineers,to all persons assessed to this drainage works,and in accordance with the
Drainage Act."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending April 30,2005.
File: P10
2005-238 Moved by P Ens
Seconded by M Taylor
"THAT the Building Permit Report for the month of April 2005 be received for
information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated April 20,2005 from Glenn Alward regarding Memorial Park in Port
Burwell.
File: C13
COUNCIL MINUTES - 177 - May 5,2005
2005-239 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence dated April 20,2005 from Glenn Alward regarding Memorial
Park in Port Burwell be received;
AND THAT the Public Works Superintendent inspect the site and make repairs
deemed necessary."
Disposition: Motion Carried Unanimously
(C) Correspondence dated April 22, 2005 from Karen Cummings regarding Edison Rest Activities.
File: R06
2005-240 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence dated April 22,2005 from.Karen Cummings be received;
THAT Council approves use of the Vienna Memorial Park for the Edison Fest activities to
be held June 4,2005,including a beer tent,between 9:00 a.m.and 11:00 p.m.,subject to
meeting the requirements of the L.C.B.O. and the Municipal Alcohol Policy including those
listed on the Outdoor Special Occasion Permit Application,and also subject to:
• the applicable municipal building permit and/or sign permit be obtained from the Chief
Building Official and the necessary inspections undertaken;
• any required municipal permit fees be waived by Council;
• providing the municipality with proof of liability insurance to cover all events as
appropriate;
• obtaining the necessary approvals from the Ontario Provincial Police and the Bayham
Fire Chief(as per completion of the Municipal Event Notice);
THAT all other terms and conditions of the municipal rental agreement remain in
effect;
THAT the Public Works Superintendent make the necessary arrangements for
traffic control and safety and provide municipal assistance, additional portable
washroom facilities, snow fence, barricades,picnic tables and extra garbage bins;
AND THAT the clean up of the Memorial Park area and any costs thereof,be the
responsibility of the organizers."
Disposition: Motion Carried Unanimously
(d) Ministry of Community Safety and Correctional Services correspondence dated April 25,2005
regarding Essential Level Emergency Management Program.
File: A16
COUNCIL MINUTES - 178 - May 5,2005
2005-241 Moved by P Ens
Seconded by M Taylor
"THAT the Ministry of Community Safety and Correctional Services dated April 25, 2005
advising of compliance with the Essential Level Emergency Management Program be
received for information."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 10037 to Cheque# 10108 inclusive, except Cheque# 10040 and
10046 totaling$184,020.35,cash requirements for the period ending April 28th and Payroll
Disbursements for the period ending April 24,2005 totaling$38,772.11.
2005-242 Moved by P Ens
Seconded by M Schafer
"THAT the Cheque Register, being Cheque# 10037 to Cheque# 10108 inclusive, except
Cheque#10040 and 10046,totaling$ 184,020.35,Cash Requirements for the period ending
April 28th and Payroll Disbursements for the period ending April 24th totaling$38,772.11
be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2005-12 regarding Request for Waiver.
File: F03
2005-243 Moved by M Taylor
Seconded by M Schafer
"That Staff Report 2005-12 regarding a request for waiver of invoice 2005-013 be received;
AND THAT Council does not support the request for a waiver;
AND THAT payment arrangements be made monthly for 7 months and the penalties&
interest be waived."
Disposition: Motion Carried Unanimously
(c) Port Burwell Marine Museum draft minutes of meeting held April 5,2005.
File: C06/C01
COUNCIL MINUTES - 179 - May 5,2005
2005-244 Moved by M Schafer
Seconded by M Taylor
"THAT the draft minutes of the Port Burwell Marine Museum Board be received;
AND THAT the resignation of Dwight Osborn be accepted with regret;
AND THAT By-law 2005-038,being a by-law to further amend appointments By-law
2005-001,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report C2005-010 regarding Council Expense Reimbursement Policy.
File: A09
2005-245 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report C2005-010 be deferred."
Disposition: Motion Carried Unanimously
(e) Staff Report C2005-012 regarding Edison Museum Collection&Records Policy.
File: A09
2005-246 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report C2005-012 be received;
AND THAT By-Law 2005-039, being a by-law to establish a Collections and Records
Management Policy for the Edison Museum of Vienna, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(f) Staff Report C2005-013 regarding Records Transfer Agreement—Elgin County Archives.
File: L04
2005-247 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report C2005-013 be received;
AND THAT By-Law 2005-040, being a by-law to authorize the execution of an agreement
with the Elgin County Archives,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 180- May 5, 2005
2. UNFINISHED BUSINESS
(a) Draft minutes of the Edison Museum of Vienna Board meeting held March 21,2005. (Deferred
from April 21'-Section 7 requires Council consideration)
File: C06
2005-248 Moved by M Taylor
Seconded by P Ens
"THAT the draft minutes of the Edison Museum of Vienna Board be deferred."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT No Items
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2005-249 Moved by M Taylor
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 personal matters about an identifiable individual,including municipal or local board
employees;
u litigation or potential litigation,including matters before administrative tribunals,
affecting the municipality or local board;
Disposition: Motion Carried Unanimously
2005-250 Moved by M Taylor
Seconded by M Schafer
"THAT the Committee of the Whole do now rise from the"In Camera"Session."
Disposition: Motion Carried Unanimously
(a) Confidential Staff Report 112005-01 regarding a confidential personal matter.
File: 1108
(b) Staff Report regarding a confidential personal matter.
(c) Verbal report regarding a confidential potential litigation matter.
COUNCIL MINUTES - 181 - May 5, 2005
(d) Correspondence dated April 8,2005 regarding a confidential potential litigation matter.
File: E01
12. BY-LAWS
By-law 2005—038 A By-law to Further Amend Appointments By-law 2005-001
By-law 2005 -039 A By-law to Adopt a Collections&Records Management Policy for the
Edison Museum of Vienna
By-law 2005—040 A By-law to Authorize the Mayor&Clerk to Execute a Records Transfer
Agreement with the Elgin County Archives
By-law 2005—041 A By-law to confirm all actions of Council
2005-251 Moved by M Taylor
Seconded by M Schafer
"THAT By-laws 2005-038,2005-039 and 2005-040 be read a first,second and third time and
finally passed."
Disposition: Motion Carried Unanimously
2005-252 Moved by M Schafer
Seconded by P Ens
"THAT confirming By-law 2005-041 be read a first, second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2005-253 Moved by M Taylor
Seconded by M Schafer
"THAT the meeting be adjourned at 10:10 p.m."
Disposition: Motion Carried Unanimously
MAYOR egliter'sN)-Prtxlie-/-4
Date Approved: p 197 -r, 6-