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HomeMy WebLinkAboutAugust 17, 2006 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday August 17,2006 7:00 p.m. 7:30 & 7:45 p.m. Public Meetings (Zoning) 8:15 & 8:30 p.m. Public Meetings (Drainage) 8:45 p.m. Court of Revision (Little Jerry Creek) The regular meeting of the Council of the Municipality of Bayham was held 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,Treasurer Suzanna Mantel, Chief Building Official Bill Knifton, Public Works Superintendent Bob Bartlett, Drainage Superintendent Dwayne Daniel, and Fire Chief/By-law Enforcement Paul Groeneveld were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Taylor disclosed an interest in Item 9.1(g) as he is related to the correspondent and vacated his seat during discussion and did not vote on the resolution. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held July 13, 2006 2006-442 Moved by C Evanitski Seconded by M Taylor "THAT the minutes of the regular meeting of Council held July 13,2006 be approved as circulated." Disposition: Motion Carried Unanimously ADDITION OF AGENDA ITEMS 2006-443 Moved by M Schafer Seconded by P Ens "THAT in accordance with Section 21 of Procedural By-law 2002-93, confidential property be added to the agenda as item 11.1(d)." Disposition: Motion Carried Unanimously Council Minutes - 199 - August 17, 2006 4. DELEGATIONS None 5. INFORMATION ITEMS 2006-444 Moved by M Taylor Seconded by C Evanitski "THAT information items 5(a)through 5(t)be received for information." Disposition: Motion Carried Unanimously (a) Correspondence from Eden&Area Community Centre dated July 18, 2006 in appreciation of the new Eden signs. File: M04 (b) Notice of Adoption of Community Improvement Plan from Norfolk County. File: A16 (c) Fax from the Ontario Property and Environmental Rights Alliance dated July 15,2006 regarding Proposed Revision of Ontario Species at Risk Legislation. File: A01 (d) Lake Huron&Elgin Area Water Supply Systems Newsletter dated July 7, 2006. File: M07 (e) Correspondence from the Ministry of Community Safety and Correctional Services dated July 6, 2006 regarding Emergency Management Statute Law Amendment Act, 2006. File: A16 (f) Correspondence from Steve Peters, MPP dated July 14, 2006 regarding Seaport Management. File: A16 (g) Correspondence from the Ontario Municipal Board regarding the release of the Board of Negotiation's 2004-2005 Annual Report. File: A16 (h) Correspondence from the Federation of Canadian Municipalities dated August 10,2006 regarding"New Funding Opportunity for Water and Transportation Projects. File: A16 (i) Correspondence from the Ministry of Culture dated May 8, 2006 regarding the new Ontario Heritage Tool Kit. (Council requested Historical Societies be advised of availability.) File: A16 (j) Fax from Arlene White of the Binational Tourism Alliance dated July 18, 2006 regarding the WHTI Action Plan. (To be posted on website) File: A01 Council Minutes -200 - August 17, 2006 (k) Correspondence from the Canadian Diabetes Association dated July 27, 2006 regarding their Signature Program. File: A01 (1) Tourism& Community Marketing Committee minutes of meetings held July 6 and 26, 2006. File: C06 (m) Minister of Municipal Affairs and Housing correspondence dated July 28, 2006 regarding"A Strong Ontario for a Strong Canada". File: A16 (n) Correspondence from the Municipality of South Bruce dated July 10, 2006 regarding Fair Funding for Small Communities of Ontario. File: A10 (o) Correspondence from the Ministry of Natural Resources dated July 2006 regarding wildlife rabies control. File: A16 (p) Community Centres Committee draft minutes of meeting held June 29, 2006. File: C06 (q) Correspondence from the Association of Municipalities of Ontario dated July 26, 2006 regarding Bill 206 and OMERS. File: A01 (r) Elgin-St. Thomas Health Unit correspondence dated July 26, 2006 regarding a complaint about standing water at the Vienna Park. File: A16/S08 (s) Association of Municipalities of Ontario Member Communication Alert dated July 20, 2006 regarding"Regulatory Amendments to EPA and EAA and August 1, 2006 regarding"AMO Response to The Public Health Capacity Review Committee's(CRC) Final Report and Correspondence dated August 1, 2006 regarding"AMO Letter supporting the Best Practice Team Project. File: A01 (t) Ministry of Municipal Affairs and Housing correspondence dated August 11, 2006 regarding 2007 Rent Increase Guideline File: A16 • 6. PLANNING, DEVELOPMENT,RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2006-043 regarding Van Quaethem Severance Application E61/06. File: D10 Council Minutes - 201 - August 17, 2006 2006-445 Moved by C Evanitski Seconded by P Ens "THAT Staff Report D2006-043 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E61/06 submitted by Kelly VanQuaethem, be approved, as amended, subject to: 1. $500 cash-in-lieu payment to the Municipality for one created lot 2. rezoning of the severed and retained parcels 3. apportionment of assessment, under the special provisions of the Drainage Act R.S.O. 1990, c. D.17, S. 65, as applicable 4. copy of the final survey be provided to the municipality." Disposition: Motion Carried Unanimously (b) Staff Report D2006-044 regarding MacDonald Severance Application E64/06. File: D10 2006-446 Moved by P Ens Seconded by C Evanitski "THAT Staff Report D2006-044 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E64/06, submitted by Erie MacDonald, be approved subject to: 1. $500 cash-in-lieu payment to the municipality for one created Iot 2. apportionment of assessment, under the special provisions of the Drainage Act R.S.O. 1990, c.D.17, S. 65, as applicable 3. copy of the fmal survey be provided to the municipality." Disposition: Motion Carried Unanimously (c) Staff Report D2006-045 regarding Babcock Severance Application E58/06. File: D10 2006-447 Moved by P Ens Seconded by C Evanitski "THAT Staff Report D2006-045 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E58/06, submitted by Willis Glenn Babcock, be approved subject to: 1. $500 cash-in-lieu payment to the municipality for one created lot Council Minutes -202 - August 17, 2006 2. apportionment of assessment,under the special provisions of the Drainage Act R.S.O. 1990, c.D.17, S. 65, as applicable 3. a Letter of Undertaking confirming that the northerly retained portion is to be merged in title with the adjacent property owned by Willis and Brenda Babcock 4. municipal lot assessment for each created lot 5. copy of the fmal survey be provided to the municipality." Disposition: Motion Carried Unanimously (d) Staff Report D2006-040 regarding Magyar Rezoning to Remove Holding. File: D14 2006-448 Moved by C Evanitski Seconded by P Ens "THAT Staff Report D2006-040 be received; AND THAT the zoning on property owned by Joe and MaryLynne Magyar described as Part Lot 6 Concession 8, Registered Plan 11R8522 Parts 1, 2 and 3, south side of Eden Line in the Hamlet of North Hall, be changed from Hamlet Residential-Holding(HR-h) to Hamlet Residential(HR) as submitted in the rezoning application; AND THAT Zoning By-law No. Z532-2006 be presented to Council for enactment." Disposition: Motion Carried Unanimously (e) Correspondence from Cindy DeBlaire regarding the Bantam Boys Straffordville Minor Baseball team. (Note: The Team was undefeated and won a gold medal at the 2006 Summer Games in Ottawa) File: C13 2006-449 Moved by M Schafer Seconded by M Taylor "THAT correspondence from Cindy DeBlaire regarding the Bantam Boys Straffordville Minor Baseball team be received; AND THAT individual certificates of recognition and Bayham pins be given to each team member at first available Council meeting; AND THAT public congratulations be posted on the municipal sign." Disposition: Motion Carried Unanimously Council Minutes - 203 - August 17, 2006 (f) Invitation from Carol Judd, Vice-Chairman Museums Bayham dated July 15, 2006 to attend the 2006 EON Road Rally. File: A01 2006-450 Moved by M Taylor Seconded by M Schafer THAT correspondence regarding an invitation from Carol Judd,Vice-Chairman Museums Bayham dated July 15, 2006 to attend the 2006 EON Road Rally be received; AND THAT a Bayham Memories &Milestones book and T-shirt be donated for a door prize." Disposition: Motion Carried Unanimously (g) Staff Report D2006-046 regarding Wieler Furniture Site Plan Agreement. File: D11/L04 2006-451 Moved by P Ens Seconded by M Schafer "THAT Staff Report D2006-046 be received; AND THAT By-law No.2006-077, being a By-law to authorize the execution of a site plan agreement with Wider's Furniture, be presented to Council for enactment." Disposition: Motion Carried Unanimously (h) Verbal report regarding Griesbach Development Agreement. File: L04 2006-452 Moved by M Schafer Seconded by M Taylor "THAT By-law No.2006-071, being a By-law to authorize the execution of a development agreement with Griesbach, be deferred." Disposition: Motion Carried Unanimously Council Minutes -204 - August 17, 2006 6.2 PUBLIC MEETINGS 2006-453 Moved by M Taylor Seconded by C Evanitski "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) 7:30 p.m. Application: To change the zoning on an 800 m2 (8610 sq ft) parcel of land situated on the west side of Snow Street, south of Fulton Street, in the Village of Vienna, from the Village Residential (R1) Zone to the Local Commercial (C2) Zone amended and re-submitted by Henry and Helen Klassen. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation—Staff Report D2006-041 was presented by the Planning Co-ordinator, Margaret Underhill. She advised that the application had been revised placing the building further to the south. She noted that a development agreement would address any street upgrades needed. She added that no written objections had been received and that Mr. Klassen was present to answer any questions. 4. Public Comments Q. Dean Franklin questioned the need to rezone to commercial if Mr. Klassen only provides repairs for his friends. A. The Planning Co-ordinator responded that he would charge for repairs, making it a business which requires commercial zoning. She added that home occupation only applies to activities carried out within a home. Mr. Franklin responded that he does not support commercial re-zoning. Q. Cindy Franklin noted new homes have been built in the area and suggested that owners do not want their properties depreciated. She added that there are several young children who may be exposed to increased traffic dangers. A. Mr. Klassen advised that the building had been intended for personal not public, with no signage. He added that a privately owned tree can be removed to improve access. Q. Cindy Franklin commented that the size is larger than many business properties such as those in the downtown and questioned whether the size could be reduced. She confirmed her belief that the area remain residential and that approval would create safety concerns for children, cause unnecessary noise and devalue neighbouring properties. A. The Planning Co-ordinator advised that zoning required is determined by the proposed use not size. Council Minutes - 205 - August 17, 2006 5. Council Comments and Questions Q. Deputy Mayor Schafer questioned whether the placement is on a separate lot A. The Planning Co-ordinator responded that the placement is proposed for lot 3 on a parcel including lots 3, 4, 5 and 6. Q. M Schafer asked if a lot with a frontage of 66 feet could be severed and a barn constructed. A. The Planning Co-ordinator responded that a residence must be built before a permit can be issued to construct an accessory building. The proposed building is 20 x 38, 760 square feet. Mr. Klassen advised that his house is 30' x 62'. Q. M Schafer questioned whether a minor variance could be considered. A. The Planning Co-ordinator responded that it would go to the Committee of Adjustment,which consists of Council members. M Schafer responded that he supports personal use,however not commercial in the residential zone. Councillor C Evanitski noted other previous examples of small businesses in Corinth and Eden becoming successful, increasing in size and creating noise concerns and confirmed he does not support placement of a commercial building in a residential zone. Councillor M Taylor agreed and suggested there are commercial properties available that are not being utilized. 6. Adjournment 2006-454 Moved by C Evanitski Seconded by M Schafer "THAT the Public Meeting be adjourned at 7:45 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2006-455 Moved by M Taylor Seconded by M Schafer "THAT Staff Report D2006-041 be received; AND THAT the re-zoning on a portion of a property described as Plan 54 Lot 3, owned by Henry and Helen Klassen,west side Snow Street,from Village Residential 1(R1) to site- specific Local Commercial Holding(C2-3(h) be denied." Disposition: Motion Carried Unanimously Council Minutes - 206 - August 17, 2006 2006-456 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. (b) 7:45 p.m. Application: To change the zoning on a 1.39 hectare (3.43 ac) parcel of land situated in Part Lot 19, Concession 10 on the south side of Green Line, east of Talbot Line, from the Agricultural (Al) Zone to the site specific Farm industrial (M1-3) Zone amended and re-submitted by Edwin Paul and Mandy Jane McLaughlin. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation—Staff Report D2006-042 was presented by the Planning Co- ordinator. She advised that the property now has new owners, Cory and Lori Lynn Dyck, who wish to proceed with the re-zoning, however, they have submitted a request to withdraw the Official Plan Amendment. She noted that the zoning would prohibit a truck terminal, limits outdoor storage and the uses were limited to those listed on the notice and the by-law. Ms. Underhill advised that David Roe, consultant for the applicants, was in attendance to speak on their behalf. She also advised that no written objections or concerns were received. 4. Public Comments Mr. Roe advised that the business for which the OPA was required is to cease and that the signage has been removed. The uses proposed by the applicants do not require the upgrades outlined in the traffic study. He added that the applicants are willing to reduce the size of the welding and machine shop area to 3000—5000 square feet. He added that winter storage seems most appropriate with outside storage restricted to the east side of the property. Q. Greg Loehndorf questioned the present and future plans of the owners, as he doesn't want a 12000 square foot welding shop located there. A. Mr. Dyck advised that there are no immediate plans to expand, income generation will be required to expand. He added that he has no long-term plans at this time. Q. Mr. Loehndorf noted that any traffic increase impact seems minimal at this time but questioned how it could be monitored to prevent large growth accommodation. A. Mr. Roe responded that there is currently no loading dock to accommodate the physical limitations of the 2-story building. Any proposed changes would be subject to the Chief Building Official approval, and site plan agreement control. He added that the By-law could be changed to restrict welding and machining area to a maximum of 5000 square feet. Storage includes recreation vehicles such as boats etc. Council Minutes -207 - August 17, 2006 Mr. Loehndorf indicated he would be supportive of the reduced welding area and uses that are agriculture related. 5. Council Comments and Questions Q. Councillor Mark Taylor questioned the definition in the Zoning by-law. A. Mr. Row indicated farm equipment and related welding repairs would be permitted. Q. M Taylor questioned if welding was removed what would be required to add it back in. A. The Planning Co-ordinator responded that the full process for a zoning by-law amendment would be required. Mr. Roe suggested that the current amending by-law could set the maximum size at 5000 sq.ft. and anything beyond that could be considered if/when appropriate. Adjournment 2006-457 Moved by P Ens Seconded by C Evanitski "THAT the Public Meeting be adjourned at 8:10 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item It was agreed that the By-law be amended to reflect that the welding and machine shop area be limited to 5000 square feet. 2006-458 Moved by M Schafer Seconded by P Ens "THAT Staff Report D2006-042 be received; AND THAT Council acknowledges that the subject lands were purchased by Cory and Lori Lynn Dyck who by written confirmation are in agreement that the rezoning of the subject lands proceed; AND THAT the rezoning of lands located in Concession 10 North Part Lot 19 owned by Cory and Lori Lynn Dyck be changed from Agricultural(Al)to Site-specific Farm Industrial(MI-3)zone; AND THAT Zoning By-Iaw Z531-2006, as amended, be presented to Council for enactment; AND FURTHERMORE THAT Council accept the request by the owners to withdraw the Official Plan Amendment application submitted in September 2005." Disposition: Motion Carried Unanimously Council Minutes -208 - August 17, 2006 7. ROADS, AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report PW2006-06 regarding Public Works Activities for July and August 2006. File: T06 2006-459 Moved by C Evanitski Seconded by P Ens "THAT Staff Report PW2006-006 regarding Public Works activities for the months of July and August 2006 be received for information." Disposition: Motion Carried Unanimously 2. PUBLIC MEETINGS 2006-460 Moved by M Schafer Seconded by C Evanitski "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously 1. (a) 8:15 p.m. —Consideration of Engineer's Report 205324 dated June 9,2006 prepared by Spriet Associates regarding the Peters Drain Extension. File: E09 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff&Engineer Presentation—Staff Report D2006-017 regarding the Peters Municipal Drain-2006 Extension and Engineer Report 205324 were presented by Dwayne Daniel, Drainage Superintendent and John Spriet Sr., Engineer. It was noted that Amtelecom Inc. has communication cables that will be affected by the construction. This has been discussed with the Engineer and the construction will accommodate the concern. The Drainage Superintendent advised Council that Mr. Magyar is paying the whole cost and will hire John Wilson as contractor. It was confu-ned that affected property owners had submitted waivers of their right to appeal under Sections#47, #48 and#52 of the Drainage Act, eliminating the need to holds a Court of Revision, subject to support of same by Council. 4. Public Comments None 5. Council Comments and Questions None Council Minutes - 209 - August 17, 2006 6. Adjournment 2006-461 Moved by C Evanitski Seconded by M Schafer "THAT the Public meeting be adjourned at 8:22 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2006-462 Moved by M Taylor Seconded by M Schafer "THAT Staff Report DR2006-017 regarding the Peters Municipal Drain—2006 Extension be received; AND THAT the Council of the Municipality hereby waives the right to appeal pursuant to Sections #47, 48 and 52 of the Drainage Act; AND THAT Council acknowledges receipt of executed Waivers by all affected parties pursuant to Sections#47,48 and 52 of the Drainage Act, as filed with the Clerk; and WHEREAS all affected parties have waived their right to appeal pursuant to Sections #47,48 and 52 of the Drainage Act,there is no need for a Court of Revision to be held; THEREFORE BE IT RESOLVED THAT By-law#2006-072 be presented to Council for first, second,third reading and enactment; AND THAT drainage works as determined in the Engineer's Report#205324 may commence ten days after the by-law is passed if no notice of intention to make application to quash the by-law has been filed with the Clerk." Disposition: Motion Carried Unanimously 2006-463 Moved by M Schafer Seconded by P Ens "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously Council Minutes - 210 - August 17, 2006 1. (b) 8:30 p.m. —Consideration of Engineer's Report 205325 dated June 9, 2006 prepared by Spriet Associates regarding the Bartley Drain—Branch"B". File: E09 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff&Engineer Presentation—Staff Report D2006-018 and Engineer Report 205325 regarding the Bartley Drain—Branch"B"were presented by Dwayne Daniel, Drainage Superintendent and John Spriet Sr., Engineer. The Drainage Superintendent advised that Mr. Magyar is also paying the whole cost of the construction and will hire John Wilson as contractor. It was confirmed that affected property owners had submitted waivers of their right to appeal under Sections #47, #48 and#52 of the Drainage Act, eliminating the need to holds a Court of Revision, subject to support of same by Council. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2006-464 Moved by M Taylor Seconded by P Ens "THAT the Council meeting be adjourned at 8:35 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2006-465 Moved by M Schafer Seconded by M Taylor "THAT Staff Report DR2006-018 regarding the Bartley Municipal Drain—Branch "B" be received; AND THAT the Council of the Municipality hereby waives the right to appeal pursuant to Sections#47, 48 and 52 of the Drainage Act; AND THAT Council acknowledges receipt of executed Waivers by all affected parties pursuant to Sections#47,48 and 52 of the Drainage Act, as filed with the Clerk; and WHEREAS all affected parties have waived their right to appeal pursuant to Sections #47,48 and 52 of the Drainage Act, there is no need for a Court of Revision to be held; Council Minutes - 211 - August 17, 2006 THEREFORE BE IT RESOLVED THAT By-law#2006-073 be presented to Council for first, second,third reading and enactment; AND THAT drainage works as determined in the Engineer's Report#205325 may commence ten days after the by-law is passed if no notice of intention to make application to quash the by-law has been filed with the Clerk." Disposition: Motion Carried Unanimously 2006-466 Moved by P Ens Seconded by M Schafer "THAT the Council meeting be adjourned in order to hold a Court of Revision pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously 3. COURT OF REVISION-DRAINAGE Court of Revision Appointments &Affirmations: Mayor Lynn Acre, Councillor Paul Ens,Anne Vanhoucke, appointed by the Township of South- West Oxford, and Robert Barlow, appointed by Township of Malahide subscribed their affirmations as members of the Court of Revision. I. 8:45 m. -Application: Court of Revision regarding the assessment of properties in regard to Drainage Report No. 204135 prepared by Spriet Associates and referred to as the Little Jerry Creek Drain. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff&Engineer Presentation Staff Report DR2006-016 regarding Little Jerry Creek Municipal Drain Beattie Crossing &Up-date Assessment Schedule were presented by Dwayne Daniel, Drainage Superintendent and John Spriet, Engineer. The Engineer advised that any property owner affected could appeal his/her assessment for the construction and/or maintenance of this drain. The Clerk confirmed that no written appeals had been received. File: E09 4. Public Comments No verbal appeals were presented or requested. 5. Council Comments and Questions Council Minutes - 212 - August 17, 2006 Q. Councillor Evanitski questioned whether a new crossing was needed or whether expansion of the existing bridge would be appropriate. A. Mr. Spriet responded that expanding the current structure would be more costly than installing a new culvert. He added the culvert must be large enough to accommodate the potential water flow. 6. Disposition of Item 2006-467 Moved by A Vanhoucke Seconded by B Barlow "THAT in accordance with Section 58, Chap.D.17 of the Drainage Act, R.S.O. 1990 the appeal period which allows any owner of land assessed for drainage works to appeal: ❑ that road or land has been assessed too high or too low,or ❑ that any land or road that should be assessed has not been assessed, or ❑ that due consideration has not been given as to type of use of land, may personally, or by agent, appeal to the Court of Revision by giving notice in writing to the Clerk of the Municipality has expired and no appeals have been received or all appeals have been decided by the Court of Revision; THEREFORE the Court of Revision for the Little Jerry Creek Municipal Drain hereby confirms the revised assessment schedules dated July 18 and by letter from J. R. Spriet dated August 1,2006." Disposition: Motion Carried Unanimously 7. Adjournment 2006-468 Moved by A Vanhoucke Seconded by R Barlow "THAT the Court of Revision be adjourned." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES CORRESPONDENCE&REPORTS (a) Building Permit Report for the month of July 2006. File: P10 Council Minutes -213 - August 17, 2006 2006-469 Moved by C Evanitski Seconded by M Schafer "THAT the Building Permit Report for the month ending July 31, 2006 be received for information." Disposition: Motion Carried Unanimously (b) Correspondence from Sherry Hillner, President of St. Luke's Ladies Guild dated July 31, 2006 regarding a request to use Vienna Memorial Park for a bake sale on August 26, 2006. File: C13 2006-470 Moved by P Ens Seconded by C Evanitski "THAT correspondence from Sherry Hiliner, President of St.Luke's Ladies Guild dated July 31,2006 be received." AND THAT Council grants permission to use the Vienna Memorial Park for a bake sale on August 26,2006, subject to provision of proof of liability insurance coverage." Disposition: Motion Carried Unanimously (c) Memorandum from the Ontario 9-1-1 Advisory Board dated August 1, 2006 regarding"911 Advisory Board Seeks Your Assistance." File: A01 2006-471 Moved by C Evanitski Seconded by M Schafer "THAT the memorandum from the Ontario 9-1-1 Advisory Board dated August 1, 2006 regarding Financial Assistance" be received for information; Disposition: Motion Carried Unanimously (d) Resolution dated August 1, 2006, from the Municipality of Powassan regarding use of lottery proceeds. File: C10 2006-472 Moved by M Schafer Seconded by M Taylor "THAT the resolution dated August 1,2006,from the Municipality of Powassan regarding use of lottery proceeds be received; Council Minutes - 214- August 17, 2006 AND THAT the Municipality of Bayham supports the review of the Province of Ontario Order in Council 2688/93 to allow changes by municipalities for the use of local lottery proceeds; AND THAT the Association of Managers, Clerks and Treasurers Lottery sub-committee be requested to draft terms and conditions for the use of proceeds to be circulated to municipalities for review and comment." Disposition: Motion Carried Unanimously (e) O.P.P. memorandum dated July 31, 2006 regarding Policing Contract Renewal and amending agreement to extend the current contract to September 1, 2006). File: P17/L04 2006-473 Moved by P Ens Seconded by M Schafer "THAT the O.P.P. memorandum dated July 31,2006 be received; AND THAT By-law 2006-075, being a by-law to extend the existing contract for policing services to September 1,2006,be presented to Council for enactment." Disposition: Motion Carried Unanimously (f) Resolution dated July 11, 2006 from the Township of Woolwich regarding WSIB coverage for volunteer firefighters. File: .C10 2006-474 Moved by M Schafer Seconded by P Ens "THAT the resolution dated July 11,2006 from the Township of Woolwich regarding WSIB coverage for volunteer firefighters be received; AND THAT the Council of the Municipality of Bayham supports the Township of Woolwich in regard to Bill 111, amending the Workplace Safety and Insurance Act, 1997,with respect to occupational disease and injuries of firefighters,if it includes volunteer firefighters." Disposition: Motion Carried Unanimously (g) Coal Flats Blues Fest request for use of East Beach, Outdoor Special Occasion Permit for beer tent and closure of Robinson Street at the turn-around. File: R06 Council Minutes - 215 - August 17, 2006 2006-475 Moved by M Taylor Seconded by P Ens "THAT the Port Burwell Coal Flats Blues Festival correspondence be received; THAT Council approves use of the east beach for the Coal Flats Blues Festival activities to be held September 2,2006,including a beer and wine garden conducted by the Vienna Lions CIub, subject to meeting the requirements of the L.C.B.O. and the Municipal Alcohol Policy including those listed on the Outdoor Special Occasion Permit Application, and also subject to: • the applicable municipal building permit and/or sign permit be obtained from the Chief Building Official and the necessary inspections undertaken; • any required municipal permit fees be waived by Council; • providing the municipality with proof of liability insurance to cover all events including naming the municipality as an additional insured; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief(as per completion of the Municipal Event Notice); THAT all other terms and conditions of the municipal rental agreement remain in effect; THAT Robinson Street be closed at the turn-around at the east beach between 12:00 noon and 10:30 p.m. on Saturday September 2, 2006; THAT the Public Works Superintendent make the necessary arrangements for traffic control and safety and provide barricades and additional garbage bins; THAT for purposes of Section 7 of Noise By-law No. 2001-57, as amended,this event is designated as a Community Festival; AND THAT the clean up of the east beach area and any costs thereof, be the responsibility of the organizers." Disposition: Motion Carried Unanimously (h) Staff Report PR2006-09 regarding East Beach Facilities. John Spriet, Engineer presented the draft construction and layout plan. Revisions were discussed and are to be incorporated and provided for review and consideration at the next meeting File: F18 (i) Copy of correspondence dated August 1st to the Straffordville Lions Club regarding the concession booth at the ball park. File: P06 Council Minutes -216 - August 17, 2006 • Lioness Rose Gardner was in attendance and requested Council to permit use of the booth for the upcoming Watermelon Fest. d• Staff provided information indicating that use of the building should be limited to uses that do not include the gas cooking appliances until the fire suppressant upgrades have been completed. ❖ Council supported the use of the booth by the Lioness for Watermelon Fest, subject to the purchase and placement of two "K" Class fire extinguishers in the booth on Saturday August 26th. Afterwards, the extinguishers are to be placed in the Community Centre kitchens, one at Straffordville and one at Vienna following Watermelon Fest. 2006-476 Moved by P Ens Seconded by M Schafer "THAT the correspondence dated August 1st to the Straffordville Lions Club regarding the concession booth at the ball park be received; AND THAT Council requests the Straffordville Lions Club to investigate building and equipment deficiencies, determine whether necessary upgrades are justified and affordable and report back to Council; AND THAT the Municipality supply 2 "K" Class extinguishers for the booth immediately." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2006-477 Moved by P Ens Seconded by C Evanitski "THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal with business until 11:59 p.m. at its meeting of August 17,2006." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 919 to Cheque# 1116 inclusive and Payroll Disbursements for the periods ending July 16th and 30th totaling$ 48,058.23 and $49,757.02. Council Minutes - 217 - August 17, 2006 2006-478 Moved by C Evanitski Seconded by M Taylor "THAT cheque Register being Cheque# 919 to Cheque# 1116 inclusive and Payroll Disbursements for the periods ending July 16th and 30th totaling$48,058.23 and $49,757.02 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2006-18 regarding Trailer Parks Water/Sewer Billings. (deferred) File: F05.06 (c) Correspondence from the Township of Malahide regarding appointment of a representative to the Long Point Region Conservation Authority. (Term ends November 30th) File: A16 2006-479 Moved by M Schafer Seconded by C Evanitski "THAT correspondence from the Township of Malahide dated July 27th be received; AND THAT the Council of the Municipality of Bayham appoints Paul Ens as representative to the Long Point Region Conservation Authority for the remainder of the term ending November 30 2006; AND THAT the Township of Malahide be requested to support the appointment." Disposition: Motion Carried Unanimously (d) Staff Report F2006-21 dated July 31, 2006 regarding Drain Maintenance. File: F22 2006-480 Moved by C Evanitski Seconded by P Ens "THAT Staff Report F2006-21 dated July 31,2006 regarding Drain Maintenance be received." AND THAT By-Law 2006-074 being a by-law to provide for the maintenance of drains within the municipality and to raise the sum of$10,327.90 to cover the costs be presented to Council for enactment." Disposition: Motion Carried Unanimously Council Minutes -218 - August 17, 2006 (e) Staff Report PR206-10 regarding Skateboard Park Installation-Vienna Memorial Park. File: C13 2006-481 Moved by M Taylor Seconded by P Ens "THAT Staff Report PR2006-10 be received; THAT the Lions Club of Vienna be permitted to install skateboard facilities in the Vienna Memorial Park in accordance with the plans attached to the report; THAT the operation of the facility proceed as outlined in Report PR2006-10; AND THAT the administration of Trillium Grant proceeds and invoicing be processed through the Municipality." Disposition: Motion Carried Unanimously (f) Correspondence from Allan Spicer regarding Advertising and Waterfront Improvements. File: M07 2006-482 Moved by M Schafer Seconded by M Taylor "THAT correspondence from Allan Spicer regarding Advertising and Waterfront Improvements be received; AND THAT placement of advertising in local newspapers remain at the discretion of Staff, based on, and within legislated requirements." Disposition: Motion Carried Unanimously (g) Correspondence from Mary Taylor regarding property assessments. File: C13 2006-483 Moved by M Schafer Seconded by P Ens "THAT correspondence from Mary Taylor regarding property assessments be received for information." Disposition: Motion Carried Unanimously Council Minutes -219 - August 17, 2006 (h) Staff Report PR2006-08 regarding Property/Road Matters— 1 King Street. (deferred) File: L08 (i) Staff Memorandum dated August 11, 2006 regarding Drop Box Program—Canadian Diabetes Clothesline Program. File: L14 2006-484 Moved by P Ens Seconded by M Schafer "THAT Staff Memorandum dated August 11,2006 regarding Drop Box Program - Canadian Diabetes Clothesline Program be received; AND THAT Council authorizes the placement of Drop Boxes at the community centres; AND THAT Staff be authorized to execute the agreement." Disposition: Motion Carried Unanimously (j) Staff Report DR2006-019 regarding Little Jerry Creek Drainage Construction. File: E09 2006-485 Moved by M Taylor Seconded by M Schafer "THAT Staff Report DR2006-019 regarding the tendering of the Little Jerry Creek Municipal Drain—Beattie Farm Culvert Crossing be received; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Little Jerry Creek Municipal Drain—Beattie farm culvert crossing, as submitted by VanBree Drainage& Bulldozing Ltd, in the amount of$18,179.00 (inclusive of taxes),with work to commence on or before September 1, 2006 and to be fully completed on or before September 30,2006. AND THAT By-law 2006-078,being a by-law to authorizing the Mayor and Clerk to execute the contract documents be presented to Council for enactment." Disposition: Motion Carried (k) Staff Report F2006-24 regarding computer upgrades. AMENDMENT TO BUDGET File: F22 Council Minutes - 220 - August 17, 2006 2006-486 Moved by M Schafer Seconded by M Taylor "THAT Staff Report F2006-24 regarding computer upgrades be received; AND THAT Council support and direct staff to make the necessary changes to the computer system to improve functionality, upgrade essential software and reduce wasted time in dealing with spam and spyware; AND THAT Council approve the use of the computer reserve to pay for the necessary upgrades and workstations." Disposition: Motion Carried Unanimously (1) Staff Report F2006-22 regarding Pressey Line. AMENDMENT TO BUDGET File: F22 2006-487 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report F2006-22 regarding Pressey Line be received; AND THAT the Move Ontario grant be applied to the reconstruction of Pressey Line to a maximum of$81,000." Disposition: Motion Carried Unanimously (m) Staff Report 2006-23 regarding Asset Management was circulated by the Treasurer. (deferred) File: F (n) LPRCA correspondence dated July 24, 2006 regarding Proposed Fee Schedule. File: Al6 2006-488 Moved by P Ens Seconded by M Schafer "THAT LPRCA correspondence dated July 24, 2006 regarding Proposed Fee Schedule be deferred to the September 7th meeting." Disposition: Motion Carried Unanimously Council Minutes - 221 - August 17, 2006 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Quarterly Report for the Bayham Water Distribution System for the period ending June 30, 2006 (deferred) File: E08 (b) Quarterly Report for the Bayham Small Non-Residential Wells for the period ending June 30, 2006. (deferred) File: E08 (c) Port Burwell Wastewater Treatment Plant Annual Compliance Summary. (deferred) File: E05 (d) Ministry of the Environment correspondence dated July 26, 2006 regarding Application of Biosolids in Municipalities. (deferred) File: E07 (e) Staff Memorandum dated August 11, 2006 regarding Tree Planting—Sewage Treatment Plant. (deferred) File: E04 11. COMMITTEE OF THE WHOLE 2006-489 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: u the security of the property of the municipality or local board; u personal matters about an identifiable individual,including municipal or local board employees." Disposition: Motion Carried Unanimously Council Minutes - 222 - August 17, 2006 2006-490 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 I. CORRESPONDENCE&REPORTS (a) Confidential Staff Report regarding a personal matter. (deferred) File: P16 (b) Staff Report regarding a confidential property matter. (c) Staff Report regarding a confidential property matter. (d) Verbal request by Councillor Ens to discuss a confidential property matter. 12. BY-LAWS 2006-491 Moved by P Ens Seconded by M Schafer "THAT By-law 2006-065 be read a third time and fmally passed; AND THAT By-laws Z531-2006, as amended,Z532-2006,2006-072,2006-073, 2006-074, 2006-075,2006-077 and 2006-078 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2006-492 Moved by M Schafer Seconded by P Ens "THAT confirming By-law 2006-076 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously Council Minutes - 223 August 17, 2006 By-law Z527-2006 A By-law to Further Amend Zoning By-law Z456-2003 (Klassen- denied) By-law 2006-071 A By-law to Authorize Execution of a Development Agreement (Griesbach-No action) By-law 2006-065 Provisional By-law re Little Jerry Creek Drain(3rd reading) By-law Z531-2006 A By-law, as amended, to Further Amend Zoning By-law Z456- 2003 (McLaughlin/Dyck) By-law Z532-2006 A By-law to Further Amend Zoning By-law Z456-2003 (Magyar) By-law 2006-072 Provisional By-law re Peters Drain(1s1, 2°d&3rd readings) By-law 2006-073 Provisional By-law re Bartley Drain(15t, 2nd&3rd readings) By-law 2006-074 A By-law to Provide for Drain Maintenance Costs By-law 2006-075 A By-law to Amend the OPP contract to extend until September 30/06 By-law 2006-077 A By-law to Authorize the Execution of a Site Plan Agreement with Wieler By-law 2006-078 A By-law to authorize the execution of an Agreement between the Municipality of Bayham and Van Bree Drainage &Bulldozing Ltd. for Provision of Drainage Works (Little Jerry Creek Drain) By-law 2006-076 A By-law to confirm all actions of Council 13. ADJOURNMENT 2006-493 Moved by C Evanitski Seconded by M Taylor "THAT the meeting be adjourned at 12:30 a.m." Disposition: Motion Carried Unanimously 1 q /i S MAYO 4 CLERK Date Approved:hT T 7, 24-t3