HomeMy WebLinkAboutAugust 05, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE,ONTARIO
Thursday,August 5,2004
7:00 p.m.
(Public Meeting 7:30 p.m.-Rezoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on
Thursday,August 5,2004 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, Chief Building Official Dwayne Daniel, Fire Chief Sam
Taylor and Treasurer Suzanna Mantel!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 Councillor Ens declared an interest in Item 8.1(h) as he has options with
a competitor and did not participate in discussion nor vote on this item.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held July 15, 2004
2004-362 Moved by M Taylor
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
July 15,2004 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Harris Teall and William Cutting were in attendance regarding the Yard
Maintenance By-law requirements applicable to vacant lots in Vienna. Concerns were raised that
the grass on these properties traditionally had been cut for hay. As well, it was noted that the
burden to maintain the affected properties according to the by-law could be cost-prohibitive for
the owners. Council agreed that Staff meet with them to discuss appropriate amendments to the
by-law for Council's consideration. Item 8.1(b)
(b) 7:20 p.m.—Bev Hickey and Ron Bradfield regarding the harbour&Item 6.I(b)-
(Removed as had been added to the agenda in error.)
COUNCIL MINUTES - 155 - August 5, 2004
(c) 7:45 p.m.—Dwight Osbourne was in attendance to express his concerns regarding construction
at the Green Acres Trailer Park.
(d) 7:55 p.m,-Alex Dammert was in attendance to express his concerns regarding delays in
construction to his trailer located at the Green Acres Trailer Park.
(e) 8:15 p.m.—Zvgmunt&Rebecca Dvaos were in attendance to voice their concerns regarding a
proposed road closing and conveyance for road allowance property between lots 25 and 26,
concession South Gore. It was agreed that the matter be deferred pending legal opinion.
5. INFORMATION ITEMS
2004-363 Moved by C Evanitsld
Seconded by M Taylor
"THAT Information Items 5(a)through 5(k)be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Community Health Action Committee draft minutes of meeting held June 14,2004.
File: C06
(b) Bayham Community Centres Committee draft minutes of meeting held June 24,2004.
File: C06
(c) Natural Resource Gas Limited correspondence dated July 15,2004 regarding Rate Application.
File: E06
(d) Association of Municipalities of Ontario correspondence dated July 4,2004 regarding"AMO
Board of Directors Nominations".
File: A01
(e) Assessment Review Board correspondence dated July 23,2004 regarding 2000-2002 and 2002-
2003 Annual Report. (Full reports available)
File: F22
(f) Federation of Canadian Municipalities correspondence dated July 20&21,2004 regarding"New
Federal Cabinet Sworn In"and"Cabinet Update".
File: A16
(g) Ontario Trails Council correspondence dated July 25,2004 regarding Membership
File: A01
(h) Ministry of Municipal Affairs and Housing correspondence dated July 23 and 28,2004 regarding
"Air Quality and Climate Change Handbooks (copies&CD available)and"Proposed Regulation
Protects Greenbelt;Allows Previously Approved Development to Proceed",
File: A16
COUNCIL MINUTES - 156 - August 5, 2004
(i) Ontario Heritage Foundation correspondence dated July 12,2004 regarding Heritage Community
Recognition Program 2004.
File: M02
(j) Tillsonburg Community Centre Campaign correspondence dated July 20, 2004 in appreciation of
support.
File: A16
(k) Correspondence dated July 28,2004 from Donna Lunn regarding article in"Canada Connects"
magazine.
File: A03
6. PLANNING, DEVELOPMENT,RECREATION& TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2004-026 regarding Terry&Maria Black severance application E49/04 deferred
by Land Division Committee
File: D I0
2004-364 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report D2004-026 be received;
AND THAT Council recommend to the County of Elgin that severance application E49/04,
as amended,for Terry and Maria Black to sever a residential building lot for retirement
purposes be granted."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2004-365 Moved by P Ens
Seconded by M Taylor
"THAT the 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 zoning on a 4,471 m2(1.1 acre)parcel of land and a 3932 m2
(0.97 acre)vacant parcel of land located at the rear of the subject lands situated in Concession 4,
Part Lot 15,west side of Plank Road, south of Calton Line from Agriculture(Al)to Rural
Residential(RR) submitted by Josephine Froggett.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
COUNCIL MINUTES - 157 - August 5, 2004
3. Staff Presentation
Staff Report D2004-025 was presented by the Planning Co-ordinator. She noted that the severed
parcel would be merged with adjoining property to the north and west.
4. Public Comments None
5. Council Comments and Questions
C Evanitski questioned whether this was basically a lot line adjustment.
This was confirmed by the Planning Co-ordinator.
6. Adjournment
2004-366 Moved by P Ens
Seconded by M Taylor
"THAT the meeting be adjourned at 7:35 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2004-367 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report D2004-025 be received;
AND THAT the zoning of those lands located at 7461 Plank Road in Concession 4 North
Part Lot 15 be changed from Agriculture(Al)to Rural Residential(RR)Zone;
AND THAT Zoning By-law No.Z478-2004 be presented for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
(a) County of Elgin correspondence dated July 16, 2004 regarding County Road#19, former Village
of Vienna.
File: A16/T04
2004-368 Moved by P Ens
Seconded by M Taylor
"THAT the County of Elgin correspondence dated July 16,2004 regarding County Road
#19,former Village of Vienna be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 158 - August 5,2004
(b) Ministry of Agriculture and Food correspondence dated July 27,2004 regarding drainage grants
phase out.
File: Al 6/E09
2004-369 Moved by M Schafer
Seconded by C Evanitski
"THAT the Ministry of Agriculture and Food correspondence dated July 27,2004
regarding drainage grants phase out under the Municipal Outlet Drainage Program(MOD)
be received;
AND THAT a letter be sent to the Minister of Agriculture and Food voicing Council's
displeasure ands requesting that the grants be re-instated immediately;
AND THAT this resolution be circulated to AMO,ROMA and the OFA for support."
Disposition: Motion Carried Unanimously
(c) Staff Report C2004-010 regarding Robinson Street Closure.
File: T09
2004-370 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report C2004-010 be received;
AND THAT By-law 2004-072,being a by-law to close Robinson Street from Brock Street to
the east beach during the Port Burwell Coal Flats Festival on September 4,2004,be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
S. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending July 31, 2004.
File: P10
2004-371 Moved by P Ens
Seconded by C Evanitski
"THAT the Building Permit Report for the month ending July 31,2004 be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 159 - August 5, 2004
(b) Request from Harris Teall regarding Yard Maintenance by-law regulations.
File: P17
2004-372 Moved by M Taylor
Seconded by P Ens
"THAT the request from Harris Tea11 regarding Yard Maintenance by-law regulations be
received."
Disposition: Motion Carried Unanimously
(c) Staff Report regarding Green Acres Trailer Park.
File: P01
2004-373 Moved by M Taylor
Seconded by P Ens
"THAT the Staff Report regarding Green Acres Trailer Park Building Permit be deferred."
Disposition: Motion Carried Unanimously
(d) Staff Report P2004-018 regarding Fire Apparatus Purchase-Request for Proposal.
File: P16
2004-374 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report#P2004-018 regarding the Request For Proposal for the purchase of a
Fire Department Pumper Truck be received;
AND THAT Council directs Staff to issue the Request For Proposal#2004-01 to the
Apparatus Manufacturers listed on page 6 of the RFP."
Disposition: Motion Carried Unanimously
(e) Correspondence dated July 28,2004 from Christine Churchill regarding noise by-law
compliance.
File: P01
2004-375 Moved by M Schafer
Seconded by C Evanitski
"THAT the correspondence dated July 28 and August 5,2004 from Christine Churchill
regarding noise by-law compliance be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 160 - August 5, 2004
(f) Consideration of Noise By-law exemption for Country Camping on September 3—6,2004.
2004-376 Moved by M Taylor
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham grants exemption from Noise By-law
No.2001-57,as amended,for Mr.Brian Hamilton(Country Camping)for the purpose of
allowing musical entertainment after 11:00 pm., at Country Camping Inc.,6679
Woodworth Road,for the dates of September 3rd to September 6th,2004,such exemption to
permit musical entertainment to continue at the site until 1:00 a.m. on such dates."
Disposition: Motion Carried Unanimously
(g) Staff Report P2004-020 regarding Oliveira Property Development
File: P01
2004-377 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report P2004-020 regarding Oliveira Property Development be received;
AND THAT the trailer be allowed to be stored and not occupied on the property while the
zoning and the permits are put in place."
Disposition: Motion Carried Unanimously
(h) Staff Report PR2004-012 regarding Options Agreement with AIM PowerGen Lease of Utility
Corridor Property.
File: L04
(i) Request from Councillor Ens for discussion regarding non-profit/charitable organizations fund-
raising efforts related to food preparation regulations.
2004-378 Moved by C Evanitski
Seconded by M Taylor
"THAT a letter be sent to the Minister of Health expressing concerns with food preparation
regulations and the effects on local charitable and non-profit organizations."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 161 - August 5,2004
9. FINANCE,ADMINISTRATION & PERSONNEL
CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#8521 to Cheque# 8600 inclusive, except cheques# 8521, 8523,
8529 and 8539,totaling$ 112,586.47,Cash Requirements for the period ending August 15th and
Payroll Disbursements for the period ending July 21, 2004 totaling$40,370.53.
2004-379 Moved by P Ens
Seconded by C Evanitski
"THAT the Cheque Register being Cheque#8521 to Cheque#8600 inclusive, except
cheques#8521,8523,8529 and 8539,totaling$ 112,583.47, Cash Requirements for the
period ending August 15th and Payroll Disbursements for the periods ending July 21,2004
totaling $40,370.53 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2004-030 regarding Drain Maintenance.
File: P22
2004-380 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report F2004-030 regarding Drain Maintenance be received;
AND THAT By-Law 2004-070, being a by-law to provide for the maintenance of drains
within the municipality and to raise the sum of$4,121.29 to cover the costs,be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report C2004-009 regarding Board Appointments By-law Amendment.
File: C12
2004-381 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report C2004-009 regarding Committee/Board Appointments be received;
AND THAT By-law 2004-071,being a by-law to further amend Appointments By-law
2004-001,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report C2004-011 regarding Volunteer Recognition. It was agreed that Council consider an
annual recognition in 2005 and that appointed volunteers recognize those who have assisted them
during 2004. File: C11
COUNCIL MINUTES - 162 - August 5, 2004
(e) Staff Report F2004-31 regarding Folding Machine. Amendment to Budget
File: F05
2004-382 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report F2004-31 be deferred."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
None
2. UNFINISHED BUSINESS
(a) Township of Malahide correspondence dated June 24,2004 regarding Biosolids.
File: A16/C10
2004-383 Moved by M Taylor
Seconded by M Schafer
"THAT the Township of Malahide correspondence dated June 24,2004 be deferred."
Disposition: Motion Carried Unanimously
(b) Staff Report E2004-008 regarding Sewage Treatment Plant—Exfiltration Gallery.
File: E01
2004-384 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report E2004-008 be received;
AND THAT Council direct staff to proceed to request tenders for installation of a collection
trench at the sewage treatment plant exfiltration gallery pursuant to the amended
Certificate of Approval."
Disposition: Motion Carried
COUNCIL MINUTES - 163 - August 5,2004
MOTION TO EXTEND LENGTH OF MEETING
2004-385 Moved by P Ens
Seconded by M Taylor
"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 August 5,2004."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2004-386 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 confidential personnel matters."
Disposition: Motion Carried Unanimously
2004-387 Moved by P Ens
Seconded by M Taylor
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
(a) Verbal Report regarding a confidential personnel matter.
File: H
2004-388 Moved by M Taylor
Seconded by M Schafer
"THAT By-Iaw 2004-068,being a by-law to authorize the Mayor and Clerk to execute the
Letter of Understanding with CUPE and its Local 35.4,be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
2004-389 Moved by M Schafer
Seconded by M Taylor
"THAT By-Iaw 2004-069,being a by-law to authorize the Mayor and Clerk to execute the
Memorandum of Agreement with CUPE and its Local 35.4,be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 164 - August 5,2004
12. BY-LAWS
By-law Z478—2004 A By-law to Amend B/L Z456-2003 (Froggett)
By-law 2004—068 A By-law to Authorize Execution of a Letter of Understanding with
CUPE&Local 35.4
By-law 2004—069 A By-law to Authorize Execution of a Memorandum of Agreement with
CUPE&Local 35.4
By-law 2004—070 A By-law to Provide for Drain Maintenance Costs
By-law 2004—071 A By-law to Amend Appointments B/L 2004-001
By-law 2004—072 A By-law to Temporarily Close a Portion of Robinson Street
By-law 2004—073 A By-law to confirm all actions of Council
2004-390 Moved by M Taylor
Seconded by M Schafer
"THAT By-laws Z478-2004,2004-068,2004-069,2004-070,2004-071 and 2004-072 be read a
first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
2004-391 Moved by C Evanitski
Seconded by M Taylor
"THAT confirming By-law 2004-073 be read a first, second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-392 Moved by P Ens
Seconded by M Taylor
"THAT the meeting be adjourned at 10:55 p.m."
Disposition: Motion Carried Unanimously
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MA O C ARK
Date Approved: 11,t.y