HomeMy WebLinkAboutOctober 07, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, October 7,2004
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, October 7,2004 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 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 16, 2004
2004-467 Moved by M Schafer
Seconded by M Taylor
"THAT the minutes of the regular meeting of the Municipality of Bayham held
September 16,2004 be approved."
Disposition: Motion Carried Unanimously
ADDITON OF AGENDA ITEM
2004-468 Moved by M Schafer
Seconded by M Taylor
"THAT in accordance with Section 21 of the Procedural By-law 2002-93,correspondence
dated September 22,2004 from the City of Woodstock be added to the agenda as item
9.1(g)."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Andy Valickis,Project Manager, OCWA was in attendance in regard to additional
fees requested in relation to the Sewer Projects(Item 9.1(b)).
COUNCIL MINUTES - 194 - October 7, 2004
(b) 7:45 p.m.—Marion Paterson.was in attendance regarding stray cats in Port Burwell. She
advised that local residents have taken an interest in the animals and that with the help of
volunteer veterinary services many have been neutered. (Item 8.1(b)).
5. INFORMATION ITEMS
2004-469 Moved by P Ens
Seconded by M Taylor
"THAT Information Items 5(a)through 5(j)be received for information."
Disposition: Motion Carried Unanimously
(a) Port Burwell Marine and Edison Joint Museums meeting minutes of meeting held September 15,
2004.
File: C06
(b) Edison Museum of Vienna Board draft minutes of meeting held September 20, 2004.
File: C06
(c) Edison Museum of Vienna Student Year-End Report Summary excerpts.
File: C l i
(d) Port Burwell Marine Museum Student Summer Report 2004.
File: C11
(e) Ministry of Consumer and Business Services News Release dated September 24,2004 regarding
"Ontario Government Improves Access to Civil Marriages".
File: M06
(f) Federation of Canadian Municipalities correspondence dated September 28,2004 regarding
"FCM Web Site Tracks Growth of national Infrastructure Deficit".
File: A16
(g) Copy of correspondence dated September 14,2004 to Country Camping from Lana Fleming and
Marilyn Main,Violence Against Women, Services Elgin County.
File: MOO
(h) Responses from the Ministers of the Environment and Finance received by the Honourable Steve
Peters,M.P.P.regarding tire concerns raised by Mr. Glen White.
File: A16
(i) Detachment Commander's Report Elgin Group Police Services Board—June—August 2004
excerpts.
File: P17
(j) Media Release"Ontario Heritage Foundation seeks nominations of local heritage champions.
File: M06
COUNCIL MINUTES - 195 - October 7, 2004
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
Y. CORRESPONDENCE&REPORTS
(a) Staff Report D2004-037 regarding Estate of Roy Anderson Severance Application E113/04.
File: D10
2004-470 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2004-037 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E113/04 be approved subject to:
1. severed parcel being merged in title with the adjacent property owned by Diane
Robinson."
Disposition: Motion Carried Unanimously
(b) Staff Report D2004-039 regarding David and Elizabeth Penner Severance Application E109/04.
File: D10
2004-471 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2004-039 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E109/04 be approved subject to:
1. $500 cash-in-lieu payable to the municipality
2. severed parcel being rezoned to Special Rural Residential(RR-nn)to prohibit the
keeping of livestock
3. retained parcel being rezoned to Special Agricultural(A2)."
Disposition: Motion Carried Unanimously
(c) Staff Report A2004-001 regarding Municipal Outdoor Signage Quotes.
File: M09
2004-472 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report A2004-001 be deferred."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 196 - October 7,2004
(d) Correspondence dated September 27,2004 from Robert Gregson regarding placement of fence
gates.
File: C13
2004-473 Moved by P Ens
Seconded by M Taylor
"THAT the correspondence dated September 27, 2004 from Robert Gregson regarding
placement of fence gates be received;
AND THAT Council supports the request."
Disposition: Motion Carried Unanimously
(e) Draft By-law 2004-084 authorizing the acquisition of lands.
File: CO1
2004-474 Moved by M Schafer
Seconded by P Ens
"THAT By-law 2004-084,being a by-law to authorize the acquisition of lands from
Marianne Beausoleil,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(0 Staff Report D2004-038 regarding David and Peggy Shelly Severance Application E105/04.
File: D10
2004-475 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2004-038 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E105/04 be approved subject to:
1. the severed parcel being merged in title with the adjacent property owned by the
Incorporated Synod Huron Diocese(St.Luke's Anglican Church Cemetery
Board)."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETINGS
2004-476 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
COUNCIL MINUTES - 197 - October 7,2004
There were no signed in attendees.
1.(a) Application:
7:30 p.m.—Proposed Zoning By-law Amendment to correct technical mapping and text errors
identified in the Municipality of Bayham comprehensive Zoning By-law Z456-2003.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2004-036 was presented by the Planning Co-ordinator.
File: D14
The Planning Co-ordinator reported that the rezoning application was necessary to correct
mapping errors/omissions discovered in recent months. She added that there are no changes to
land use for the properties affected.
She advised that correspondence had been received from Mary Taylor(copy provided with
councillors' agendas)and that Ms.Taylor had been provided with a copy of the staff report,
maps,the memo from Cumming Cockburn,by-law and by-law schedules and legal descriptions
prior to the meeting.
The Planning Co-ordinator added that correspondence from Andy&Geertje Vryburg had also
been received(and subsequently faxed to Council). Mr. &Mrs. Vryburg wrote in objecting to
the proposed change on their property from Al-A to A-1 to recognize the property as being less
than 100 acres. The Vryburgs'property is 89 acres. She added that properties over 100 acres are
zoned as Al-A.
4. Public Comments
Q. Mary Taylor questioned whether the errors affected the assessment and taxes levied on a
property that was missed.
A. M.Underhill responded that the properties have been assessed and taxed. The current
mapping does not reflect the proper zoning for a property or.
The Administrator added that the proposed by-law incorporates these mapping errors into
the Comprehensive Zoning by-law for the municipality.
5. Council Comments and Questions
Deputy Mayor Schafer added that the error regarding the Vryburg property needs to be addressed
and Council should support the correction.
6. Adjournment
2004-477 Moved by M Taylor
Seconded by P Ens
"THAT the Public Meeting be adjourned at 7:38 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 198 - October 7,2004
7. Disposition of Item
2004-478 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report D2004-036 be received;
AND THAT Zoning By-law No.Z483-2004,being a by-law to amend Zoning By-law
Z456-2003,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE &DRAINAGE
No Items
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the period ending September 30,2004.
File: P10
2004-479 Moved by M Taylor
Seconded by P Ens
"THAT the Building Permit Report for the month ending September 30,2004 be received
for information."
Disposition: Motion Carried Unanimously
(b) Correspondence received September 30,2004 from Marion Paterson regarding stray cats in Port
Burwell.
File: P00
2004-480 Moved by M Taylor
Seconded by M Schafer
"THAT the correspondence received September 30,2004 from Marion Paterson regarding
stray cats in Port Burwell be received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence received October 1,2004 from Lori DeBenedetti regarding vehicle parking
complaints.
File: C13
COUNCIL MINUTES - 199 - October 7,2004
2004-481 Moved by P Ens
Seconded by M Taylor
"THAT the correspondence received October 1,2004 from Lori DeBenedetti regarding
vehicle parking complaints be received for information."
Disposition: Motion Carried Unanimously
(d) Correspondence dated September 28,2004 from Brian Hamilton,Country Camping regarding
fencing issues.
File: P00
2004-482 Moved by M Schafer
Seconded by P Ens
"THAT the correspondence dated September 28,2004 from Brian Hamilton,Country
Camping regarding fencing issues be received for information."
Disposition: Motion Carried Unanimously
(e) Staff Report P2004-021 regarding OPP Policing Contract.
File: P17
2004-483 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report P2004-021 be deferred."
Disposition: Motion Carried Unanimously
(f) Staff Memorandum dated August 26,2004 regarding Parking Restrictions—Survey Results
File: C11
2004-484 Moved by M Schafer
Seconded by M Taylor
"THAT the Staff Memorandum dated August 26,2004 regarding Parking Restrictions—
Survey Results be received;
AND THAT Staff be directed to prepare appropriate documentation to amend the current
parking regulations,as discussed,for Council's support."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -200 - October 7,2004
9. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 8849 to Cheque#8965 inclusive, except cheques# 8885 and
8897,totaling$209,731.69 and Payroll Disbursements for the periods ending September 15 and
29,2004 totaling$ 78,920.12
2004-485 Moved by P Ens
Seconded by M Schafer
"THAT the Cheque Register being Cheque#8749 to Cheque#8965 inclusive, except
cheques#8885,8897 and 8943 totaling$208,893.18 and Payroll Disbursements for the
periods ending September 15 and 29,2004 totaling$78,920.12 be approved."
Disposition: Motion Carried Unanimously
(b) Ontario Clean Water Agency correspondence dated September 16,2004 regarding Sewage Works
Project Management Fees.
File: L04/F
2004-486 Moved by M Schafer
Seconded by P Ens
"THAT Ontario Clean Water Agency correspondence dated September 16,2004 regarding
Sewage Works Project Management Fees be referred to the Committee of the Whole"In
Camera" Session for discussion."
Disposition: Motion Carried Unanimously
(c) Staff Report C2004-12 regarding BCHAC Terms of Reference.
File: S08.03
2004-487 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report C2004-12 be received;
AND THAT By-law No.2004-064,being a by-law to adopt the Terms of Reference for the
Bayham Community Health Action Committee,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Correspondence dated September 29,2004 from Linda Veger, County of Elgin regarding
Property Tax Rebate Program for Eligible Charities—Amendment—By-law 04-22.
File: CO1
COUNCIL MINUTES - 201 - October 7,2004
2004-488 Moved by P Ens
Seconded by M Schafer
"THAT the correspondence dated September 29,2004 from Linda Veger,County of
Elgin regarding Property Tax Rebate Program for Eligible Charities—Amendment—
By-law 04-22 be received for information."
Disposition: Motion Carried Unanimously
(e) Staff Report U2004-001 regarding Primary System Connection Charge Memorandum Of
Understanding.
File: L04
2004-489 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report U2004-001 be received;
AND THAT By-law No. 2004-085, being a by-law to authorize the execution of a
Memorandum of Understanding with the Elgin Area Primary Water System and benefiting
Elgin area municipalities,be presented to Council for enactment."
Disposition: Motion Carried
(f) Bayham Economic Development &Tourism Committee draft minutes of meeting held
September 15, 2004.
File: C06
2004-490 Moved by M Schafer
Seconded by P Ens
"THAT Bayham Economic Development and Tourism Committee draft minutes of the
meeting held September 15,2004 be received;
THAT the Terms of Reference for the Tourism Workgroup and the Business and
Commerce Workgroup be approved;
AND THAT By-law 2004-083,being a by-law to adopt revised Terms of Reference
for the Bayham Community Economic Development and Tourism Committee be presented
to Council for enactment."
Disposition: Motion Carried Unanimously
(g) Correspondence from the City of Woodstock dated September 22,2004 regarding Municipal
Property Tax Deferral Program.
File: C10
COUNCIL MINUTES - 202 - October 7, 2004
2004-491 Moved by M Schafer
Seconded by M Taylor
"THAT the correspondence dated September 22,2004 from the City of Woodstock be
received;
AND THAT the Council of the Municipality of Bayham supports the resolution passed
September 16,2004 regarding Municipal Property Tax Referral Program."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT No Items
MOTION TO EXTEND LENGTH OF MEETING
2004-492 Moved by M Taylor
Seconded by M Schafer
"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 October 7,2004."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
L CORRESPONDENCE&REPORTS
2004-493 Moved by P Ens
Seconded by M Schafer
"THAT the Council do now rise to enter into an"In Camera"Session of Committee of the
Whole to discuss confidential legal matters."
Disposition: Motion Carried Unanimously
2004-494 Moved by M Taylor
Seconded by P Ens
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
(a) Staff Report L2004-006 regarding a confidential legal matter.
File: L04
(b) Staff Report PR2004-012 regarding a confidential legal matter.
File: S08
COUNCIL MINUTES -203 - October 7, 2004
12. BY-LAWS
By-law Z483—2004 A By-law to Amend B/L Z456-2003 (Housekeeping)
By-law 2004—064 A By-law to Establish BCHAC Terms of Reference
By-law 2004—083 A By-law to Establish BCEDTC Terms of Reference
By-law 2004—084 A By-law to Authorize Acquisition of Land(Beausoleil)
By-law 2004—085 A By-law to Authorize Execution of EAPWSS MOU re Common
Connection Charge
By-law 2004—086 A By-law to confirm all actions of Council
2004-495 Moved by P Ens
Seconded by M Schafer
"THAT By-laws Z483-2004,2004-064,2004-083,2004-084 and 2004-085 be read a first,
second and third time and finally passed."
Disposition: Motion Carried Unanimously
2004-496 Moved by P Ens
Seconded by M Schafer
"THAT confirming By-law 2004-086 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-497 Moved by M Taylor
Seconded by M Schafer
"THAT the meeting be adjourned at 10:45 p.m."
Disposition: Motion Carried Unanimously
4/L4(..i e&feiCk C Lig-rvL
CLERK
Date Approved: 1/ T