HomeMy WebLinkAboutNovember 04, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O.Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,November 4, 2004
7:00 p.m.
(Public Meetings beginning at 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,November 4,2004 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, Public Works Superintendent Bob Bartlett, Chief Building
Official Dwayne Daniel 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
None
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held October 21, 2004
2004-539 Moved by C Evanitski
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
October 21,2004 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
None
COUNCIL MINUTES - 222 - November 4, 2004
ADDITION OF AGENDA ITEMS
2004-540 Moved by P Ens
Seconded by C Evanitski
"THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Report D2004-
051 regarding Walcarius Rezoning and By-law Z493-2004, Staff Report E2004-0099
regarding Sewage Treatment Plant-Exfltration Gallery be added to the agenda as item(s)
6.1 (c)and 10.1 (a)respectively."
Disposition: Motion Carried Unanimously
2004-541 Moved by M Taylor
Seconded by M Schafer
"THAT consideration of the usage of streets for the Santa Claus Parade in Port Burwell be
added to the agenda."
Disposition: Motion Carried Unanimously
5. INFORMATION ITEMS
2004-542 Moved by C Evanitski
Seconded by M Schafer
"THAT Information Items 5(a)through 5(f)be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Culture Committee minutes of meeting held September 13,2004.
File: C06
(b) Ontario Good Roads Association correspondence dated October 27, 2004 regarding highlights of
the Board of Directors Meeting October Vt.
File: A01
(c) Tillsonburg& District Multi-Service Centre correspondence dated October 25,2004 regarding
progress of Adult Basic Literacy students.
File: A01
(d) 2005 Pitch-in Ontario correspondence dated October 18 regarding Pitch-in Canada Week April
18-24,2005.
File: A01
(e) Ontario Good Roads Association and Rural Ontario Municipal Association registration
information regarding the Combined Conference being held February 20th through 23th 2005.
File: Al 6
(f) Bayham Historical Society draft minutes of meeting held October 14,2004.
File: C06
COUNCIL MINUTES -223 November 4,2004
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
L CORRESPONDENCE&REPORTS
(a) Staff Report D2004-046 regarding Dygos Temporary Rezoning.
File: D14
2004-543 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report D2004-046 be received;
AND THAT Council supports the rezoning of lands located in Part Lot 26,South Gore,on
the northeast corner of Jackson Line and Coyle Road owned by Rebecca,Zygmunt,Troy&
Allan Dygos from Agriculture(A1)to Agricultural Temporary(Al-T4)Zone for the
purpose of accommodating a mobile home to be used for full time farm labour for a
temporary period of one(1)year;
AND THAT zoning by-law Z488-2004 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report D2004-050 regarding Site Plan and Rezoning-Brian Graydon.
File: D14
2004-544 Moved by C Evanitski
Seconded by M Schafer
"THAT Staff Report D2004-050 be received;
AND THAT By-Law No.2004-095 to authorize execution of a site plan agreement with
Brian Richard Graydon be presented to Council for enactment;
AND THAT Council approve the rezoning of property owned by Brian Richard Graydon
described as Concession 11,Part of Lots 19 and 20,designated as Part 1 on Plan 11R-8211
to remove the Holding(h)symbol as submitted in the rezoning application;
AND THAT Zoning By-law No.Z492-2004 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 224 - November 4, 2004
(c) Staff Report 02004-051 regarding removing the Holding(h) symbol—Del Walcarius.
File: D14
2004-545 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report D2004-051 be received;
AND THAT Council approve the rezoning of property owned by Del Walcarius described
as Concession 3,Part of Lot 1 to remove the Holding(h) symbol as submitted in the
rezoning application;
AND THAT Zoning By-law No.7493-2004 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETINGS
2004-546 Moved by M Taylor
Seconded by C Evanitsld
"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 zoning on a parcel of land comprising 7,770 m2
(1.92 acres)from the Agriculture(Al)Zone to Rural Residential(RR)Zone and on a 20.hectare
(49.4 acres)parcel from the Agricultural(Al)Zone to the Special Agricultural Zone(A2)Zone
for property situated in Part Lot 24,Concession 9,on the south side of Carson Line west of Plank
Road submitted by Terrance and Maria Black for retirement lot purposes. File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report 02004-047 was presented by the Planning Co-ordinator. She advised that no
comments or concerns had been received.
4. Public Comments None
5. Council Comments and Questions None
COUNCIL MINUTES - 225 . November 4, 2004
6. Disposition of Item
2004-547 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report D2004-047 be received;
AND THAT the zoning of those lands located at Concession 9 Part Lots 24&25 owned by
Terry and Maria Black be changed from Agricultural(Al)to Rural Residential(RR)Zone
on the proposed severed lot and to Special Agriculture(A2)Zone on the retained
agriculture parcel;
AND THAT Zoning By-law Z491-2004 be presented for enactment."
Disposition: Motion Carried Unanimously
1.(b) Application:
7:35 p.m.—Application to change zoning on a parcel of land comprising approximately.4
hectares(1.0 acre)from the Agriculture(Al)Zone to Rural Residential(RR)Zone and on a 75.7
hectare(187.05 acres)parcel from the Agricultural(A1)Zone to the Special Agricultural Zone
(A2)Zone for property situated in Part Lot 11,Concession 2,on the southeast corner of Vienna
Line and Brown Road submitted by Gregory Underhill Farms Ltd. (Surplus farm dwelling)
File: D14
2. Declaration of Pecuniwy Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2004-049 was presented by the Planning Co-ordinator. She advised that no
comments or concerns had been received.
4. Public Comments None
5. Council Comments and Questions None
6. Disposition of Item
2004-548 Moved by C Evanitski
Seconded by M Schafer
"THAT Staff Report D2004-049 be received;
AND THAT the zoning of those lands located at Concession 2 in Part Lot 11 owned by
Gregory Underhill Farms Limited be changed from Agricultural(Al)to Rural Residential
(RR)Zone on the proposed severed surplus farm dwelling lot and those lands designated
Agriculture(Al)be rezoned to Special Agriculture(A2)Zone;
AND THAT Zoning By-law Z490-2004 be presented for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -226 - November 4,2004
2004-549 Moved by C Evanitski
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 7:36 p.m."
Disposition: Motion Carried Unanimously
2004-550 Moved by M Taylor
Seconded by C Evanitski
"THAT the Council meeting be adjourned to hold a Public Meeting pursuant to the
provisions of the Planning Act."
Disposition: Motion Carried Unanimously
1.(c) Application:
7:40 p.m.—Application to change zoning on a parcel of land comprising 4,047 m2
(1.0 acre)from the Agriculture(Al)Zone to Rural Residential(RR)Zone and on a 20.0 hectare
(50.4 acres)parcel from the Agricultural(Al)Zone to the Special Agricultural Zone(A2)Zone
for property situated in Part Lot 16,Concession 5,on the east side of Plank Road south of
Jackson Line submitted by David and Elizabeth Penner. (Surplus farm dwelling)
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2004-048 was presented by the Planning Co-ordinator. She advised that no
comments or concerns had been raised. She added that the recommendation should be corrected
to reflect the change to(RR-10)to prevent the keeping of farm animals. She noted that the By-
law is correct in this regard.
4. Public Comments None
5. Council Comments and Questions None
6. Disposition of Item
2004-551 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report D2004-048 be received;
AND THAT the zoning of those lands located at Concession 5 in Part Lot 16 owned by
David&Elizabeth Penner be changed from Agricultural(Al)to Rural Residential(RR-10)
Zone on the proposed severed surplus farm dwelling lot and to Special Agriculture(A2)
Zone on the retained agricultural parcel;
AND THAT Zoning By-law Z489-2004 be presented for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 227 - November 4,2004
7. Adjournment
2004-552 Moved by C Evanitski
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 7:41p.m."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS.
(a) Staff Report T2004-011 regarding Public Works Department Activities for September&October
2004.
File: T06
2004-553 Moved by C Evanitski
Seconded by M Schafer
"THAT Staff Report T2004-011 regarding Public Works activities for the months of
September and October 2004 be received for information.
Disposition: Motion Carried Unanimously
(b) Notification of Special Event from the Straffordville Santa Claus Parade Committee. A verbal
request regarding the Port Burwell parade was added for consideration as well.
File: T09
2004-554 Moved by M Schafer
Seconded by C Evanitsld
"THAT the Council of the Municipality of Bayham supports the request by the
Straffordville Santa Claus Parade Committee for permission to use streets within
Straffordville for the Santa Claus Parade to be held Saturday December 11,2004,subject to
the provision of proof of liability insurance coverage;
AND THAT the County of Elgin be requested for permission to use Plank Road and
Heritage Line between 10:30 and 11:30 a.m.;
AND THAT the Bayham Public Works Superintendent be directed to provide the necessary
provisions for traffic control and safety."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -228 - November 4,2004
2004-555 Moved by M Schafer
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham approves the use by the Port Burwell
Recreation Society/Optimist Club of Ottervalley Port Burwell of streets within Port
Burwell for the Santa Claus Parade to be held Saturday December 4,2004,subject to the
provision of proof of liability insurance coverage;
AND THAT the County of Elgin be requested for permission to use Wellington and
Robinson Streets between 6:30 and 7:30 p.m.;
AND THAT the Bayham Public Works Superintendent be directed to provide the necessary
provisions for traffic control and safety."
Disposition: Motion Carried Unanimously
(c) Correspondence dated October 22,2004 from Don Manion requesting Conveyance of Municipal
Roadway.
File: C13/T09
2004-556 Moved by P Ens
Seconded by C Evanitski
"THAT the correspondence dated October 22,2004 from Don Manion requesting
Conveyance of Municipal Roadway be received;
AND THAT Staff be directed to prepare a report regarding the matter."
Disposition: Motion Carried Unanimously
(d) Correspondence dated October 25,2004 from the Corporation of Norfolk County Notice of
Appointment for Examination by Engineer.
File: E09
2004-557 Moved by P Ens
Seconded by M Schafer
"THAT the correspondence dated October 25,2004 from the Corporation of Norfolk
County Notice of Appointment for Examination by Engineer be received for information."
Disposition: Motion Carried Unanimously
(e) Staff Report PW2004-012 regarding Road Network Study—County Roads
File: T06
COUNCIL MINUTES -229 - November 4, 2004
2004-558 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report T2004-012 regarding the Road Network Study—County Roads be
received;
AND THAT the County of Elgin be informed that the position of the Municipality of
Bayham on the County Road Network Study remains unchanged from 2002."
Disposition: Motion Carried Unanimously
S. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending October 31,2004.
File: P10
2004-559 Moved by P Ens
Seconded by M Taylor
"THAT the Building Permit Report for the month ending October 31,2004 be received for
information."
Disposition: Motion Carried Unanimously
(b) Staff Report P2004-026 regarding 2005 Dog License Agent Contract.
File: P01
2004-560 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report#P2004-026 be received;
AND THAT Council accept the proposal submitted by Rodger Martin;
AND THAT By-law#2004-093 being a by-law to authorize the Mayor and Clerk to
execute an agreement with Rodger Martin for Dog Licensing Services be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(c) Email correspondence dated October 25,2004 from Sandra Alway,President of the Golden
Horseshoe American Pit Bull Terrier Club regarding Breed Specific Legislation and your
community.
File: P01
COUNCIL MINUTES - 230 - November 4, 2004
2004-561 Moved by M Taylor
Seconded by P Ens
"THAT the email correspondence dated October 25, 2004 from Sandra Alway, President of
the Golden Horseshoe American Pit Bull Terrier Club regarding Breed Specific Legislation
and your community be received for information."
Disposition: Motion Carried Unanimously
(d) Staff Report P2004-025 regarding Amendment to Yard Maintenance By-law.
File: P01
2004-562 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report P2004-025 be received;
AND THAT By-law#2004-092,being a By-law to amend Yard Maintenance By-law
#2002-009,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Council discussed the opportunity to review the noise by-law prior to the 2005 season and
requested Staff to prepare a report for the next meeting.
9. FINANCE,ADMINISTRATION& PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#8968 to Cheque#9101 inclusive, except cheque#s 8970, 8972,
8973 and 9072,totaling$252,224.57, Cash Requirements for the period ending November 15/04
and Payroll Disbursements for the period ending October 27, 2004 totaling$ 38,944.74
2004-563 Moved by C Evanitski
Seconded by M Schafer
"THAT the Cheque Register being Cheque#8968 to Cheque#9101 inclusive,except
cheques #8970,8972, 8973 and 9072 totaling$252,224.57, Cash Requirements for the
period ending November 156 and Payroll Disbursements for the period ending October 27,
2004 totaling$38,944.74 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -231 - November 4,2004
(b) Correspondence dated October 24,2004 from Bev Hickey requesting reimbursement.
Cli
2004-564 Moved by M Taylor
Seconded by C Evanitski
"THAT the correspondence dated October 24,2004 from Bev Hickey be received;
AND THAT Council forward the request for reimbursement in the amount of$94.28 to the
Economic Development Committee."
Disposition: Motion Carried Unanimously
(c) Children's Health Foundation correspondence dated October 15, 2004 requesting permission to
sell raffle tickets in Bayham under City of London Lottery Permit#M430239.
File: P09
2004-565 Moved by M Schafer
Seconded by P Ens
"THAT the correspondence dated October 15,2004 from the Children's Health
Foundation be received;
ANT)THAT Council grants permission to sell raffle tickets in the Municipality of Bayham
under the City of London Lottery License#M430239."
Disposition: Motion Carried Unanimously
(d) Staff Report F2004-039 regarding Banking Services.
File: F04
2004-566 Moved by C Evanitski
Seconded by M Schafer
"THAT Staff Report F2004-039 regarding Banking Services be received;
THAT the proposal from the Royal Bank be accepted;
THAT Staff be directed to prepare a by-law and agreement for council's consideration at
the next regular council meeting;
THAT Staff be authorized to initiate the transition of services;
AND THAT Staff be directed to notify the incumbent bank,CIBC,of termination of
services."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -232 - November 4,2004
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Staff Report E2004-009 regarding amendment to the Certificate of Approval for the sewage
treatment plant.
File: ED1
2004-567 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report E2004-009 be received;
AND THAT Council authorize staff to make application for further amendment to the
Certificate of Approval for the sewage treatment plant pursuant to the recommendations
from Cyril J.Demeyere Limited."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2004-568 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 personnel,property and legal matters."
Disposition: Motion Carried Unanimously
2004-569 Moved by M Taylor
Seconded by P Ens
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
(a) Staff Report PR2004-013 regarding a confidential property matter.
2004-570 Moved by M Schafer
Seconded by M Taylor
"THAT Council directs Staff to prepare the necessary documents to acquire both
properties."
Disposition: Motion Carried Unanimously
(b) Verbal report regarding a confidential personnel matter
COUNCIL MINUTES -233 - November 4,2004
2. UNFINISHED BUSINESS
(a) Staff Report L2004-006 regarding a confidential legal matter.
File: L04
2004-571 Moved by P Ens
Seconded by C Evanitsld
"THAT OCWA be paid$4,171.for project management fees in regard to the road work
portion of the costs,as payment in full;
AND THAT the County of Elgin be requested to share these costs equally."
Disposition: Motion Carried Unanimously
(b) Staff Report PR2004-012 regarding a confidential legal matter.
File: S08
12. BY-LAWS
By-law Z488—2004 A By-law to Amend B/L Z456-2003 (Dygos)
By-law Z489—2004 A By-law to Amend BIL Z456-2003 (Penner)
By-law Z490—2004 A By-law to Amend B/L Z456-2003 (Underhill)
By-law Z491—2004 A By-law to Amend B/L Z456-2003 (Black)
By-law Z492—2004 A By-law to Amend B/L Z456-2003 (Graydon)
By-law Z493—2004 A By-law to Amend B/L Z456-2003 (Walcarius)
By-law 2004—092 A By-law to Amend Yard Maintenance By-law 2002-009
By-law 2004—093 A By-law to Authorize Execution of an Agreement with Rodger Martin
for Dog License Agent Services
By-law 2004—095 A By-law to Authorize Execution of a Site Plan Agreement with Brian
Graydon
By-law 2004—094 A By-law to confirm all actions of Council
COUNCIL MINUTES -234 - November 4,2004
2004-572 Moved by M Schafer
Seconded by C Evanitski
"THAT By-laws Z488-2004,2489-2004,Z490-2004,Z491-2004,7492-2004,7493-2004,
2004-092,2004-093 and 2004-095 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
2004-573 Moved by C Evanitski
Seconded by P Ens
"THAT confirming By-law 2004-094 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-574 Moved by M Taylor
Seconded by P Ens
"THAT the meeting be adjourned at 9:07 p.m."
Disposition: Motion Carried Unanimously
MAY CLERK
Date Approved: /14% y I JO 171