HomeMy WebLinkAboutSeptember 16, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, September 16,2004
7:00 p.m.
(Public Meeting 7:30 p.m.—OPA&Rezoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on
Thursday, September 16, 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 and Public Works Superintendent Bob Bartlett were in
attendance to present their respective reports. Mr.McLaughlin was present for the public meeting.
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 None
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held September 2,2004
2004-444 Moved by P Ens
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
September 2,2004 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.-Robert Lozon, Stan Rushton and Wolfram June were in attendance to thank
Council and staff for their support and assistance in making the Coal Flats Blues Festival a
success.
5. INFORMATION ITEMS
2004-445 Moved by M Schafer
Seconded by P Ens
"THAT Information Items 5(a)through 5(c)be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MLNUTES - 185 - September 16,2004
(a) Association of Municipalities of Ontario correspondence dated September 3 and 10,2004
regarding"Province Consults on Ending Mandatory Retirement"and"Government Amends Bill
124 Regulations to Limit Conflicts of Interest and Protect Public Safety".
File: A01
(b) The TaTTLer newsletter of the Thames Talbot Land Trust received September 10,2004
File: M07
(c) Draft minutes of the Edison Museum of Vienna Board held August 23, 2004.
File: C06
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2004-032 regarding Brian Graydon Severance Application E92/04.
File: D10
2004-446 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report D2004-032 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E92/04 be approved subject to:
1. $500 cash-in-lieu payment to the Municipality for one newly created lot
2. Municipal Lot Assessments on the severed parcel
3. rezoning of the severed parcel to remove the Holding(h)symbol."
Disposition: Motion Carried Unanimously
(b) Staff Report D2004-033 regarding Greg Underhill Farms Ltd Severance Application E102/04.
File: D10
2004-447 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report D2004-033 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E102/04 be approved subject to:
1. $500 cash-in-lieu payment to the Municipality for one newly created lot
2. rezoning of the severed parcel to Rural Residential(RR)
3. rezoning of the retained agricultural parcel currently designated
Agriculture(Al)to Special Agriculture(A2)."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 186 - September 16, 2004
(c) Staff Report D2004-034 regarding Cox/Dykstra(571515 Ontario Ltd) Severance Applications
E95/04, E96/04 and E97/04.
File: D10
2004-448 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report D2004-034 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance applications E95/04,E96/04 and E97/04 be approved subject to:
1. $500 cash-in-lieu payment to the Municipality for each of three newly created Jots
2. an adequate supply of potable water can be proven for each lot."
Disposition: Motion Carried Unanimously
(d) Staff Report D2004-031 regarding Pettigrew Rezoning.
File: D14
2004-449 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2004-031 be received;
AND THAT Council approve the rezoning of property owned by Randall&Deborah
Pettigrew described as Concession 3,North Part Lot 15 Plan 54 Part Lots 13 and 14,to
remove the Holding(h) symbol from three proposed lots fronting on Plank Road as
submitted in the rezoning application;
AND THAT Zoning By-law No.Z482-2004 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETINGS
2004-450 Moved by P Ens
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
1.(a) Application:
7:30 p.m.—Application to change future land use designation and zoning on a 1.39 hectare(3.43
acre)parcel of land located in Part Lot 19,Concession 10,on the south side of Green Line, east of
Talbot Line, from the"Agriculture"to the"Rural-Commercial"designation in the Official Plan
and from the Agricultural(Al)to the site specific Rural Commercial(RC-4)Zone in Zoning By-
law Z456-2003, submitted by Edwin Paul &Mandy Jane McLaughlin.
COUNCIL MINUTES - 187 - September 16,2004
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2004-035 was presented by the Planning Co-ordinator.
4. Public Comments
(a) Greg Lohendorf,neighbour, raised concerns regarding traffic safety due to numerous vehicles using
the applicant's site. He also noted that the business being conducted there presently is not in
compliance with the zoning by-law,that the building in its present condition is unsafe and no permits
have been issued for the previously completed renovations.
(b) Brian Graydon, adjacent landowner,noted considerable improvements recently to applicant's site.
(c) Ed McLaughlin, father of applicant and former owner of the site noted that the barn had previously
been leased to repair and certify trailers for hauling tobacco. He added that due to past low traffic
volume,care and maintenance of the road had been neglected.
5. Council Comments and Questions
C Evanitski suggested that the neighbours attempt to address issues of concern.
M Taylor added that he did not wish to deter local business.
6. Adjournment
2004-451 Moved by M Taylor
Seconded by P Ens
"THAT the Public Meeting be adjourned at 8:00 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2004-452 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2004-035 be received;
AND THAT the Official Plan Amendment and Rezoning applications submitted by Edwin
Paul and Mandy Jane McLaughlin be deferred until December 16,2004."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
Y. CORRESPONDENCE&REPORTS
(a) Staff Report T2004-010 regarding Road Activity June—August 2004
File: T06
COUNCIL MINUTES - 188 - September 16,2004
2004-453 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report T2004-010.regarding Public Works activities for the months of June,
July and August 2004 be received for information."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the period ending August 31,2004
File: P10
2004-454 Moved by P Ens
Seconded by M Schafer
"THAT the Building Permit Report for the month ending August 31,2004 be received for
information."
Disposition: Motion Carried Unanimously
(b) Council discussion regarding the cat problem in Port Burwell.
(c) Council discussion regarding the structure of Noise By-law 204-57.
9. FINANCE,ADMINISTRATION& PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#8765 to Cheque#8848 inclusive, except cheques#8769, 8772,
8787 and 8830,totaling$915,477.69, Cash Requirements for the period ending September 30th
and Payroll Disbursements for the period ending September 1,2004 totaling$40,861.90
2004-455 Moved by C Evanitski
Seconded by M Schafer
"THAT the Cheque Register being Cheque#8765 to Cheque#8848 inclusive, except
cheques#8769,8772,8787 and 8830,totaling$915,477.69, Cash Requirements for the
period ending September 30th and Payroll Disbursements for the period ending September
1,2004 totaling$40,861.90 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 189 - September 16,2004
(b) Correspondence dated September 2, 2004 from James Oliver,Long Point Region Conservation
Authority regarding Conservation Ontario Submission to the Minister of Natural Resources—
Funding of Conservation Authority Core Functions and Programs.
File: A16
2004-456 Moved by P Ens
Seconded by M Schafer
"THAT the Long Point Region Conservation Authority correspondence dated September 2,
2004 regarding Conservation Ontario Submission to the Minister of Natural Resources—
Funding of Conservation Authority Core Functions and Programs be received;
AND THAT the Council of the Municipality of Bayham supports the recommendations and
request in the summary report;
AND THAT this resolution and the summary report be forwarded to the Honourable David
Ramsay,Minister of Natural Resources and the Honourable Steve Peters,Minister of
Agriculture for consideration and support by the Provincial Government."
Disposition: Motion Carried Unanimously
(c) Wayne Casier,Chairman,Bayham Community Centres Committee Memo# 19 regarding
Straffordville Minor Ball request for use of the Bayham Community Centre.
File: C13
2004-457 Moved by P Ens
Seconded by M Taylor
"THAT the Memo from Wayne Casier,Chairman,Bayham Community Centres
Committee regarding Straffordville Minor Ball Request be received;
AND THAT Council supports the decision of the Committee regarding use of the
Straffordville hall on October 8th;
AND THAT Straffordville Minor Ball be offered use of the hall on either October 1®t or 15th
for a Teen Town Dance;
AND THAT Council approves a fee waiver for use of the Straffordville hall for the Minor
Ball Banquet and the upstairs meeting room for a general meeting on October 17th and 20th
respectively, subject to payment of applicable cleaning fees;
AND THAT Minor Ball make arrangements for use of the kitchen on October 17th with
the Bayham Caterers;
AND THAT Straffordville Minor Ball provide proof of liability insurance coverage to the
Manager as outlined in the rental agreement form."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 190 - September 16, 2004
(d) Canadian Cancer Society correspondence dated August 31, 2004 requesting permission to sell
raffle tickets in Bayham under Provincial License P041299.
File: P09
2004-458 Moved by P Ens
Seconded by C Evanitski
"THAT the Canadian Cancer Society correspondence dated August 31, 2004 be received;
AND THAT Council approves the request for permission to sell raffle tickets in Bayham
under Provincial License P041299 as submitted."
Disposition: Motion Carried Unanimously
(e) Heart and Stroke Foundation of Ontario correspondence dated September 8, 2004 requesting
permission to sell raffle tickets in Bayham under Provincial License P041442.
File: P09
2004-459 Moved by P Ens
Seconded by C Evanitski
"THAT the Heart and Stroke Foundation of Ontario correspondence dated September 8,
2004 be received;
AND THAT Council approves the request for permission to sell raffle tickets in Bayham
under Provincial License P041442 as submitted."
Disposition: Motion Carried Unanimously
(f) F2004-33 regarding Financial Report for the period ending July 31st
File: F03
2004-460 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report F2004-33 regarding financial reporting for the period ending July 31,
2004 be received for information."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
No Items
COUNCIL MINUTES - 191 - September 16,2004
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2004-461 Moved by M Shafer
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 and legal matters."
Disposition: Motion Carried Unanimously
2004-462 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
(a) Verbal Report regarding a confidential personnel matter.
(b) Verbal report regarding a legal matter.
(c) Confidential Staff Report L2004-005 regarding a legal matter.
File: F
2004-463 Moved by M Taylor
Seconded by P Ens
"THAT Council rejects the request from Associated Engineering for additional fees as
filed."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law Z481 —2004 A By-law to Amend B/L Z456-2003 (McLaughlin)—No Action
By-law 2004—081 A By-law to Amend the Official Plan(McLaughlin)—No Action
By-law Z482—2004 A By-law to Amend B/L Z456-2003 (Pettigrew)
By-law 2004—082 A By-law to confirm all actions of Council
2004-464 Moved by M Schafer
Seconded by C Evanitski
"THAT By-Iaw Z482-2004 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 192 - September 16,2004
2004-465 Moved by C Evanitski
Seconded by M Schafer
"THAT confirming By-law 2004-082 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-466 Moved by M Taylor
Seconded by C Evanitski
"THAT the meeting be adjourned at 9:55 p.m."
Disposition: Motion Carried Unanimously
MAYO ,ti CL KK
Date Approved: 7/O I/