HomeMy WebLinkAboutOctober 19, 2006 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday October 19,2006
7:00 p.m.
7:30 & 7:45 p.m.—Public Meetings (Zoning)
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 and Fire Chief 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. THERE WAS NO DISCLOSURE OF PECUNIARY INTEREST
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held October 5, 2006
2006-586 Moved by M Taylor
Seconded by M Schafer
"THAT the minutes of the regular meeting of Council held October 5, 2006 be approved as
circulated."
Disposition: Motion Carried
ADDITION OF AGENDA ITEM
2006-587 Moved by M Taylor
Seconded by M Schafer
"THAT in accordance with Section 21 of Procedural By-law 2002-93, correspondence
dated September 26,2006 from Ernie Hardeman, M.P.P. be added to the agenda as item
9.1(i)."
Disposition: Motion Carried Unanimously
4. DELEGATIONS None
Council Minutes - 264 . October 19, 2006
5. INFORMATION ITEMS
2006-588 Moved by M Schafer
Seconded by P Ens
"THAT information items 5(a) through 5(1) be received for information."
Disposition: Motion Carried Unanimously
(a) Elgin Group Police Services Board Minutes of Meeting held on September 20, 2006
File: C06
(b) Elgin Group Police Services Board Detachment commander's Report for June-August 2006.
File: P17
(c) Municipal Event Liability Program Brochure.
File: L06
(d) Wind Resource Assessment and Feasibility Study Public Information Centre Presentation dates.
File: C06
(e) AWWA Research Foundation Memorandum dated August 31, 2006 regarding Profiles of New
Research reports.
File: A01
(f) Correspondence from Ontario Heritage Trust dated October 5,2006 regarding the 2006 Young
Heritage Leaders Program.
File: ROl
(g) Bayham Historical Society Minutes of meeting held on September 14, 2006.
File: C06
(h) Correspondence from Stewardship Ontario dated September 29,2006 regarding the Second
Quarterly Installment Payment of 2006.
File: E07
(i) Green Valley Recycling Brochure
File: E07
(j) The Ontario Ombudsman's Recommendations—A Six-Month Report on Implementation
Progress from the Municipal Property Assessment Corporation.
File: A16
(k) Ontario Power Generation correspondence dated September 29, 2006 regarding the semi-annual
performance report"It's All About Performance".
File: A01
Council Minutes - 265 - October 19, 2006
(1) AMO"Alert"correspondence dated October 13, 2006 regarding"Your Support for the AMO
Position on the Roll out of the Deposit Return" and"Ministry of Health and Long Term Care
Tables New Long Term Care Legislation".
File: A01
6. PLANNING,DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2006-051 regarding McGregor Severance Application E80/06. Mr. Mike Doyle,
Legal Counsel and Agent for the applicant, was in attendance and provided comment.
File: D10
2006-589 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report D2006-051 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E80/06, submitted by Theresa McGregor, be deferred pending a
legal opinion on the legal status of the proposed parcel or the submission of an Official Plan
Amendment application for Ministry of Municipal Affairs and Housing approval."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETINGS
2006-590 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 Planning Act."
Disposition: Motion Carried Unanimously
1. (a) 7:30 p.m. Application: To change the zoning on a 1.03 hectare (2.5 acre) agricultural
parcel located in Concession South Gore Part Lot 28, west side Elgin County Road 55,
south of Lamers Line from Agricultural (Al) Zone to a site-specific Rural Residential
(RR-12) Zone to permit the severance of a surplus farm dwelling submitted by Kelly
VanQuaethem. The retained 39.47 hectares (97.5 acre) agricultural parcel will also be
rezoned to site-specific Special Agricultural (A2-5).
2. Declaration of Pecuniary Interest and the General Nature Thereof None
Council Minutes - 266 - October 19, 2006
3. Staff Presentation—Staff Report D2006-050 was presented by the Planning Co-
ordinator. She advised that no written concerns or objections had been received. She
also advised that the applicant's agent, Mr. David Roe, was in attendance to address any
questions.
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2006-591 Moved by C Evanitski
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 7:31 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2006-592 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report D2006-050 be received;
AND THAT the zoning on property owned by Kelly VanQuaethem described as
Concession South Gore Part Lot 28, be changed from Agriculture (Al) to site-specific
Special Agriculture(A2-5) on the retained farm lands and to site-specific Rural Residential
(RR-12) on the severed parcel as per condition of severance application E61/06;
AND THAT Zoning By-law No. Z534-2006 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2006-593 Moved by C Evanitski
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
I. (b) 7:45 p.m. Application: To change the zoning to rezone a 20.2 hectare (50 acre)
agricultural parcel located in Concession 3 Part Lot 2, north side Vienna Line, east of
Richmond Road from Agricultural (Al) Zone to a site-specific Agriculture (A1-22) Zone
to permit the use of a machine shop operation submitted by Jacob and Elisabeth Bergen.
Council Minutes - 267 - October 19, 2006
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation—The Planning Co-ordinator presented Staff Report D2006-052. She
noted that the proposal is to rezone the property to recognize an existing machining
business. The proposal also includes the construction of a 6000 sq. ft.building to house
the machining business and that the Quonset building and the barn, currently being used
for the business, would return to agricultural use. It was noted that the draft rezoning by-
law includes limitations pertaining to the size of the operation and the number of
employees. She advised that no written concerns or objections had been received. She
added that Mr. Bergen and David Roe, planning consultant, were in attendance to address
any questions.
4. Public Comments
Mr. Roe advised that the new commercial building, including an office and washroom
will meet the requirements of the Building Code. He stated that the applicants would
consider reducing the size of the operation should Council be concerned with the
proposed size. He added that this is a family based business, however, some other
employees are required during busy periods.
Mr. Bergen commented that three employees beyond his family members are currently
employed.
5. Council Comments and Questions
Councillor M Taylor applauded the expansion and advised of his support regardless of
size.
Mayor Acre agreed that business retention is good,but questioned whether Council may
want to consider some limits.
Councillor C Evanitski questioned whether taxes are currently assessed at the commercial
rate. He was advised that they are not.
Councillor P Ens advised his support for a limit of 6000 sq ft. maximum.
Deputy Mayor M Schafer concurred that he is supportive of the construction in the
existing building area.
Mr. Bergen responded that the proposed placement is on the east side of the house near
the existing cluster of buildings.
C Evanitski asked whether the Fire Chief has any concerns to which the response was no.
Discussion regarding the number of employees permitted ensued.
M Taylor suggested this would be a Ministry of Labour matter.
Council Minutes -268 - October 19, 2006
C Evanitski suggested removal of that restriction.
All Council members were in agreement that the by-law be amended to remove the
restriction being Section 5.11.22.3.
6. Adjournment
2006-594 Moved by M Schafer
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 8:00 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2006-595 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report D2006-052 be received;
AND THAT the zoning on property owned by Jacob and Elisabeth Bergen described as
Concession 3 Part Lot 2, 53652 Vienna Line, be changed from Agriculture (A1) to site-
specific Agriculture (A1-22);
AND THAT Zoning By-law No. Z535-2006, as amended to remove Section 5.11.22.3, be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Email correspondence dated October 14, 2006 from Richard B Hillner requested a road name
change.
File: C13/T00
2006-596 Moved by M Schafer
Seconded by M Taylor
"THAT email correspondence dated October 14,2006 from Richard B Hillner
requested a road name change be deferred pending further information and costs
involved with the proposed change."
Disposition: Motion Carried Unanimously
Council Minutes -269 - October 19, 2006
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Staff Report P2006-012 regarding Fire Department Response.
File: P16
2006-597 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report PR2006-012 be received;
AND THAT Council approves Option 1 as outlined in the report, being automatic
simultaneous dispatching of all members of primary and secondary stations to structure
fires and Specialty Teams to specialized emergencies being water rescue and rope rescue
only for a 12 month trial period,to be reviewed and considered as appropriate."
Disposition: Motion Carried Unanimously
(b) Staff Report P2006-026 regarding Emergency Dispatching Service Agreement.
File: P16
2006-598 Moved by M Schafer
Seconded by M Taylor
"THAT Council participate in an Elgin County Ad hoc Fire Services Communications
Committee; and
BE IT RESOLVED THAT the Council of the Municipality of Bayham appoints
Mayor Lynn Acre, Kyle Kruger,Administrator,Paul Groeneveld,Fire Chief and
Councillor Mark Taylor, as an alternate member, to the Elgin County Ad hoc Fire
Service Communication Committee;
AND THAT Council authorizes the Elgin County Ad hoc Fire Service
Communication Committee to issue a Request for Proposals (RFP) for fire dispatch
services on behalf of the Municipality of Bayham,with the understanding that each
lower tier Council will have the right to select the proponent that best meets its
interests, or no proponent;
AND FURTHER THAT the RFP document be issued by the said Committee
following a meeting between the Committee and the appropriate elected
representatives of the City of St. Thomas, the current service provider."
Disposition: Motion Carried Unanimously
Council Minutes 270 - October 19, 2006
9. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 1334 to Cheque# 1397 inclusive, except cheques
# 1341 and 1370 totaling$ 172,984.79 and Cash Requirements for the period ending
October 13t''and Payroll Disbursements for the period ending October 8th totaling
$ 46,199.43
2006-599 Moved by C Evanitski
Seconded by P Ens
"THAT Cheque Register being Cheque# 1334 to Cheque# 1397 inclusive,except
cheques# 1341 and 1370, totaling$ 172,984.79 and Cash Requirements for the
period ending October 13th and Payroll Disbursements for the period ending
October 8tfi totaling$46,199.43 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Memorandum dated October 2,2006 regarding Capital - Office upgrades.
File: F05
2006-600 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Memorandum dated October 2,2006 regarding Capital office upgrades be
received;
AND THAT Council supports the allocation of capital funds for the installation of new
carpet in the main office;
AND THAT staff be directed to seek quotations for the work for consideration."
Disposition: Motion Carried Unanimously
(c) Staff Memorandum regarding Winter Control Contracts 2006/2007.
File: L04
2006-601 Moved by M Taylor
Seconded by P Ens
"THAT Staff be authorized to confirm extensions to contracts for winter control
services for the 2006/2007 season,with the amendments as outlined in report
PW2006-008 and as discussed."
Disposition: Motion Carried Unanimously
Council Minutes - 271 - October 19, 2006
(d) Email request for a fee waiver for use of the Vienna Community Centre for a candidate forum on
November 0, submitted by Ian Almond, Chair, Port Burwell Business Development
Association. It was noted by staff that the request had been withdrawn.
File: C13
2006-602 Moved by M Taylor
Seconded by M Schafer
"THAT the email request from Ian Almond, Chair, Port Burwell Business Development
Association to hold a candidate forum at the Vienna Community Centre be received for
information."
Disposition: Motion Carried Unanimously
(e) Mayor's Report to Council regarding Discussions with Federal Ministries, October 12 & 13.
File: C11/D00
2006-603 Moved by M Taylor
Seconded by M Schafer
"THAT the Mayor's Report to Council regarding Discussions with Federal Ministries on
October 12 & 13 be received for information."
Disposition: Motion Carried Unanimously
(f) CUPE Collective Agreement and draft By-Law 2006-094 authorizing execution.
File: L04
2006-604 Moved by M Taylor
Seconded by P Ens
"THAT By-Law 2006-094 authorizing the Mayor and Clerk to execute the CUPE
Collective Agreement be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(g) Staff Report F2006-31 regarding Financial Reporting.
File: F03
Council Minutes -272 - October 19, 2006
2006-605 Moved by P Ens
Seconded by C Evanitski
"That Staff Report F2006-31 regarding financial reporting for the period ending
September 30,2006 be received for information."
Disposition: Motion Carried Unanimously
(h) Draft By-law 2006-095 amending By-law 2006-049 establishing the 2006 levy and provide for
penalty and interest in default of payment.
File: CO1
2006-606 Moved by P Ens
Seconded by C Evanitski
"THAT By-law 2006-095, being a by-law to amend By-law 2006-049 establishing the 2006
levy and provide for penalty and interest in default of payment, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(i) Correspondence dated September 26, 2006 from Ernie Hardeman, M.P.P. regarding a request for
municipal tax relief support.
File: A16
2006-607 Moved by M Taylor
Seconded by M Schafer
"WHEREAS the gap between the transfers from the province and the cost of social
programs is growing and is now estimated by the Association of Municipalities at over
$3 Billion; and
WHEREAS delays in balancing the cost of delivering services with the ability to pay are
resulting in delayed maintenance of infrastructure, reduced municipal services and
property tax increases across the province; and
THEREFORE BE IT resolved that in the opinion of the Council of the Municipality of
Bayham that the provincial government's currently proposed Provincial-Municipal Fiscal
and Service Delivery Review (which will not be completed until February 2008, after the
next provincial election)is needlessly drawn out and that a full review to balance the
delivery of service with the ability to pay should be completed much more expediently,in
order to avoid hitting taxpayers with unsustainable property tax hikes or significant
reductions in service."
Disposition: Motion Carried Unanimously
Council Minutes - 273 - October 19, 2006
10. ENVIRONMENT No Items
11. COMMITTEE OF THE WHOLE
2006-608 Moved by M Schafer
Seconded by P Ens
"THAT the Council do now rise to enter into an "In Camera" Session of Committee of the
Whole to discuss:
❑ the security of the property of the municipality or local board;
❑ personal matters about an identifiable individual,including municipal or local
board employees;
Disposition: Motion Carried Unanimously
2006-609 Moved by M Taylor
Seconded by M Schafer
"THAT the Committee of the Whole do now rise from the"In Camera" session."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Verbal report regarding a confidential property matter.
(b) Verbal Report regarding a confidential personal matter.
(c) Verbal Report regarding a confidential personal matter.
2. UNFINISHED BUSINESS
(a) Verbal Report regarding the Non-Union Personnel Policy.
2006-610 Moved by M Taylor
Seconded by M Schafer
"THAT Council authorize the adjustments to non-union wages and benefits as outlined in
option 2 of report H2006-011."
Disposition: Motion Carried Unanimously
Council Minutes - 274 - October 19, 2006
12. BY-LAWS
By-law Z534-2006 A By-law to further amend Zoning By-law Z456-2003
(VanQuaethem)
By-law Z535-2006 A By-law to further amend Zoning By-law Z456-2003 (Bergen)
By-law 2006-094 A By-law to authorize the Mayor&Clerk to execute an agreement
with CUPE
By-law 2006-095 A By-law to amend final rates &levies B/L 2006-049
By-law 2006-096 A By-law to confirm all actions of Council
2006-611 Moved by M Schafer
Seconded by P Ens
"THAT By-laws Z534-2006, Z535-2006, as amended, 2006-094 and 2006-095 be read
a first, second and third time and fmally passed."
Disposition: Motion Carried Unanimously
2006-612 Moved by C Evanitski
Seconded by M Taylor
"THAT confirming By-law 2006-096 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2006-613 Moved by P Ens
Seconded by C Evanitski
"THAT the meeting be adjourned at 9:07 p.m."
Disposition: Motion Carried Unanimously
CLERK
Date Approved: l D V a-I £ 6