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Home My WebLink AboutMay 20, 2004 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,May 20,2004 7:00 p.m. 7:30 p.m. Planning Meeting (Zoning) The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on Thursday,May 20, 2004 in Council Chambers. Present were Mayor Lynn Acre,Councillors Mark Taylor,Paul Ens and Cliff Evanitski,Administrator Kyle Kruger and Clerk Lynda Millard. Deputy Mayor Mathew Schafer was absent. Planning Co-ordinator Margaret Underhill and Water/Wastewater Superintendent Ed Roloson 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 May 6, 2004 2004-251 Moved by P Ens Seconded by M Taylor "THAT the minutes of the regular meeting of the Municipality of Bayham held May 6,2004 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—Doug Patterson,owner,Red Oak Travel Park was in attendance regarding Assessment of Recreational Vehicles in Seasonal Campgrounds and offered to answer any questions from Council. (Item 9.1(b)) (h) 7:45 p.m.—Fred Fowlie,ratepayer,was in attendance regarding parking by-law enforcement pertaining to truck/tractor trailers. He encouraged Council to enforce the provisions of the by- law. Item 8.1(a) (c) 8:00 p.m.-Bob Graham,was in attendance to request an exemption from property standards By-law 2002-009 regarding properties in Vienna. Item 8.1(b) COUNCIL MINUTES - 111 - May 20, 2004 ADDITION TO AGENDA 2004-252 Moved by M Taylor Seconded by P Ens "THAT in accordance with Section 21 of Procedural By-law 2002-93,correspondence dated May 7,2004 from Museums and Heritage Services,City of Toronto regarding acquisition of the ship model Ashtabula and By-law 2004-056 be added to the agenda as item 9.1(f)." Disposition: Motion Carried Unanimously 5. INFORMATION ITEMS 2004-253 Moved by P Ens Seconded by M Taylor "THAT Information Items 5(a)through 5(i)be received for information." Disposition: Motion Carried Unanimously (a) Elgin Group Police Services Board minutes of meeting held April 28,2004. File: C06 (b) Detachment Commander's Report Elgin Group Police Services Board January—March 2004. File: P17 (c) Bayham Community Economic Development&Tourism Committee draft minutes of meeting held April 27,2004. File: C06 (d) Elgin-St. Thomas Health Unit Lifestyle Link Newsletter,April 2004 edition File: Alb (e) Ontario Property and Environmental Alliance correspondence dated May 11,2004 regarding Closing Down Rural Ontario. File: A01 (1) Long Point Region Conservation Authority correspondence dated April 30,2004 regarding the 2003 Annual Report and 2004 Business Plan. File: A16 (g) Long Point Region Conservation Authority correspondence dated May 5,2004 regarding New Brand Identity for Conservation Ontario. File: A16 (h) Association of Municipalities of Ontario"Alert"correspondence dated May 5, 13 and 14,2004 regarding"Province Introduces Legislation on Hours of Work", "Province Commits to Strategy to Reform and Increase Funding for Long Term Care"and"GST Refund Legislation Passes" File: A01 COUNCIL MINUTES - 112 - May 20, 2004 (i) Federation of Canadian Municipalities correspondence dated May 14, 2004 regarding"FCM will advocate an expanded international role for municipalities in the Government of Canada's International Policy Review". File: A01 6. PLANNING, DEVELOPMENT, RECREATION& TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2004-018 regarding Dunn Severance. File: D10 2004-254 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report D2004-18 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E41/04 be approved subject to: • the severed parcel being merged in title with the adjacent property to the west owned by Bradley Hogarth." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2004-255 Moved by C Evanitski Seconded by P Ens "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.(delayed until 8:00 p.m.)—Application to change zoning on a parcel of land comprising approximately 11.7 hectares(28.87 acres)and situated on the northeast corner of the intersection of Plank Road and Glen Erie Line in part of Lot 13, Concession 2, from the Agriculture(Al)zone to the Rural Residential(RR), Special Agricultural(A2)Zone and the site specific Special Agricultural(A2-1)Zone submitted by Jamie Underhill. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None COUNCIL MINUTES - 113 - May 20,2004 3. Staff Presentation Staff Report D2004-017 was presented by the Planning Co-ordinator. She noted By-law Z474- 2004 is a requirement of the consolidated operations severance application,and that both by-laws are in compliance with the Official Plan. 4. Public Comments Tony Csinos presented written comments and re-iterated his opposition to the proposed A2-1-(h) zoning. In addition,he requested he be notified of any decision regarding Council's decision on the by-law. 5. Council Comments and Questions None 6. Adjournment 2004-256 Moved by M Taylor Seconded by C Evanitski "THAT the Public Meeting be adjourned at 8:25 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2004-257 Moved by P Ens Seconded by M Taylor "THAT Staff Report D2004-17 be received; AND THAT pursuant to Section 34(17) of the Planning Act minor changes can be made to the nature of the by-law and Council feels that no further notice is required; AND FURTHER 1. THAT the zoning of those lands be changed from Agriculture(Al)to Rural Residential(RR)and Special Agricultural(A2) as submitted in the rezoning application submitted by Jammie Underhill; 2. THAT the zoning of those lands be changed from Agriculture(Al)to site- specific Special Agricultural Holding(A2-1(h))as submitted in the rezoning application submitted by Jammie Underhill; AND THAT Zoning By-laws No.Z474-2004 and Z475-2004 be presented for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE No Items COUNCIL MINUTES - 114 - May 20, 2004 8. PROPERTY,BUILDING& PROTECTIVE SERVICES CORRESPONDENCE&REPORTS (a) Correspondence dated May 7,2004 from Fred Fowlie regarding tractor trailer issues. File: P01 2004-258 Moved by M Taylor Seconded by P Ens "THAT the correspondence dated May 7,2004 from Fred Fowlie regarding tractor trailer issues be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated May 17, 2004 from Bob Graham regarding grass cutting in Vienna. File: C13 2004-259 Moved by M Taylor Seconded by P Ens "THAT the correspondence dated May 17,2004 from Bob Graham regarding grass cutting in Vienna be received; AND THAT Council does not support the request for an exemption for the following Vienna property owners: Alda Pickell,Madeline Soper,Donna Morrell, Christopher Sloan and Cela Ann Sloan." Disposition: Motion Carried Unanimously (c) Staff Report P2004-014 regarding Application for Exemption—By-law 2001-57. File: P01 2004-260 Moved by M Taylor Seconded by P Ens "THAT Staff Report P2004-014 regarding Application for Exemption be received; AND THAT the Council of the Municipality of Bayham hereby grants the exemption from Noise By-law No.2001-57,as amended, as submitted by 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 May 21't to May 24th,2004,such exemption to permit musical entertainment to continue at the site to 1:00 a.m.on such dates; COUNCIL MINUTES - 115 - May 20,2004 AND THAT extension of such exemption to the dates of July 2°d to July 5th,July 30th to August 2nd,and September 3'd to September 6th,2004, as included in the application as submitted,may be further considered by Council at its sole discretion pending its evaluation at the site May 21e to May 24th 2004; AND THAT this resolution shall replace resolution 2004-191,which is hereby rescinded." Disposition: Motion Carried (d) Staff Memo regarding Noise Level Measurement—Country Camping. File: P01 2. UNFINISHED BUSINESS (a) Staff Report P2004-013 regarding Fire Apparatus Purchase. File: P16 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#8126 to Cheque#8133 inclusive, except cheque#8130, totaling$6,951.99 and Payroll Disbursements for the period ending May 12,2004 totaling $35,185.96. 2004-261 Moved by M Taylor Seconded by P Ens "THAT the Cheque Register being Cheque#8126 to Cheque#8133 inclusive, except cheque#8130,totaling$6,951.99 and Payroll Disbursements for the period ending May 12, 2004 totaling$35,185.96 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated April 19,2004 submitted by Doug Patterson,Red Oak Travel Park regarding Tourism Industry Coalition asks Municipal Councils for support to save their businesses. File: C13 COUNCIL MINUTES .- 116 - May 20,2004 2004-262 Moved by M Taylor Seconded by C Evanitski "THAT the correspondence dated April 19,2004 submitted by Doug Patterson,Red Oak Travel Park regarding Tourism Industry Coalition asks Municipal Councils for support to save their businesses be received; AND THAT Council supports the request." Disposition: Motion Carried Unanimously (c) Port Burwell Marine Museum Committee draft minutes of meeting held May 4,2004. (Items 4 (a), 5(A), 6(E) & 6(H)require Council action) File: C06 2004-263 Moved by M Taylor Seconded by P Ens "THAT the Port Burwell Marine Museum Committee draft minutes of the meeting held May 4,2004 be received; AND THAT Council supports the request to rename the Library in Port Burwell to the Fred Bodsworth Public Library of Port Burwell and recommends support by the County of Elgin; AND THAT the Municipality provide paint for the gazebo to be painted by volunteers." Disposition: Motion Carried Unanimously 2004-264 Moved by M Taylor Seconded by P Ens "THAT Council supports the appointment of Bev Hickey to the Port Burwell Marine Museum Committee and Lewis Acre and Brian Masschaele to the Edison Museum of Vienna Board; AND THAT By-law 2004-054,being a by-law to amend appointments By-law 2004-001 be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Verbal Report regarding potential Rail Lands Lease—Hartmann. 2004-265 Moved by P Ens Seconded by M Taylor "THAT the verbal report regarding the former C.P.Rail lands be received for information." COUNCIL MINUTES - 117 - May 20,2004 Disposition: Motion Carried Unanimously (e) Email invitation dated May 17,2004 on behalf of David Caplan,Ontario Minister of Public Infrastructure Renewal to participate in Stakeholder Outreach opportunity in Stratford. File: A16 2004-266 Moved by C Evanitski Seconded by M Taylor "THAT email invitation dated May 17,2004 on behalf of David Caplan,Ontario Minister of Public Infrastructure Renewal to participate in Stakeholder Outreach opportunity in Stratford be received for information." Disposition: Motion Carried Unanimously Added Item (f) Correspondence dated May 7, 2004 from Museums and Heritage Services, City of Toronto regarding acquisition of the ship model Ashtabula and By-law 2004-056. 2004-267 Moved by M Taylor Seconded by P Ens "THAT By-law 2004-056,being a by-law to authorize the Mayor and CIerk to execute the agreement, as amended,with the City of Toronto for the acquisition of the model of the Ashtabula,be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report F2004-018 regarding Billing and Collection Policy. File: A09 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Quarterly Report for the Municipality of Bayham Small Municipal Non-Residential Wells. File: E08 2004-268 Moved by P Ens Seconded by M Taylor "THAT the Quarterly Report for the Municipality of Bayham Small Municipal Non- Residential Wells be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 118 - May 20, 2004 (b) Quarterly Reports for the Bayham Water System and the Pt.Burwell Secondary Water System. File: E08 2004-269 Moved by P Ens Seconded by M Taylor "THAT the Quarterly Report for the Bayham Water System and the Pt.Burwell Secondary Water System be received for information." Disposition: Motion Carried Unanimously (c) Performance Assessment Report—Wastewater Treatment Plant for the quarter ending March 31, 2004. File: E03 2004-270 Moved by C Evanitsld Seconded by M Taylor "THAT the Performance Assessment Report—Wastewater Treatment Plant for the quarter ending March 31,2004,be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE No Items 12. BY-LAWS By-law Z474-2004 A By-law to Amend Zoning By-law Z456-2003 By-law Z475-2004 A By-law to Amend Zoning By-law Z456-2003 By-law 2004—054 A By-law to Further Amend Appointments By-law 2004-001 (Add Bev Hickey-Marine Museum; Lew Acre&Brian Masschaele— Edison Museum) By-law 2004—056 A By-law to Execute Agreement with Toronto(Ashtabula acquisition) By-law 2004—055 A By-law to confirm all actions of Council 2004-271 Moved by P Ens Seconded by M Taylor "THAT By-laws Z474-2004,Z475-2004,2004-054 and 2004-056 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 119 - May 20, 2004 2004-272 Moved by C Evanitski Seconded by M Taylor "THAT confirming By-Iaw 2004-055 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2004-273 Moved by M Taylor Seconded by C Evanitski "THAT the meeting he adjourned at 10:05 p.m." Disposition: Motion Carried Unanimously 2y"-w"-\doN-6-- rda.0 FPw� `'`7 y MAY R6 CLERK Date Approved: (k,,G - 1. Jo V