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HomeMy WebLinkAboutApril 20, 2006 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday April 20,2006 7:00 p.m. 7:30 -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. Also present were Planning Co-ordinator Margaret Underhill,Fire Chief Paul Groeneveld and Treasurer Suzanna Mantel. 1. CALL TO ORDER& PRESENTATION Mayor Acre called the meeting to order at 7:00 p.m. Mayor Acre requested Leeroy Taylor to come forward and presented him with a gold watch in recognition of his 39 years of service with the Bayham Fire Department, Straffordville Station. His retirement took effect on March 31St. The Mayor adjourned the meeting to allow Council, Staff and members of the public to offer their congratulations to Mr. Taylor. The meeting reconvened at 7:10 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held April 6, 2006 Minutes of the Special Budget Meeting of Council held April 12, 2006 2006-217 Moved by P Ens Seconded by C Evanitski "THAT the minutes of the regular meeting of Council held April 6,2006 be approved, as .circulated." Disposition: Motion Carried Unanimously 2006-218 Moved by C Evanitski Seconded by P Ens "THAT the minutes of the special budget meeting of Council held April 12, 2006 be approved, as circulated." Disposition: Motion Carried Unanimously Council Minutes - 92 - April 20, 2006 4. DELEGATIONS (a) 7:10 p.m.—Brendan Caldwell and Charles B. Hughson, Caldwell Securities Ltd. were in attendance regarding municipal investments. Mr. Cladwell indicated that investments were made in short term government treasury bonds which, although they provide low interest income are guaranteed. He added that the funds were moved to bonds in U.S. dollars when it was indicated that the Canadian government may collapse. However,it did not and a significant drop in value for the US bonds was realized. Upon review, Caldwell Securities determined that this type of investment was not appropriate for the municipality. Caldwell Securities redeemed the US bonds at the municipality's purchase price, thereby increasing the overall value of our investments in the amount of $18,855. (b) 8:00 p.m.—Jean Woon, Chairman of Edison Fest Committee was in attendance to request Council to allow the use of streets in Vienna for a soapbox derby on June 3rd. She added that a ramp would be used to start the entries and prizes and trophies would be awarded to winners. Mrs. Woon also requested permission to re-create the historical use of toll booths at entrance areas to Vienna to collect funds (possibly$2 /vehicle/person) in lieu of admissions during Edison Fest activities. She noted that this is an area in which most Bayham events are missing out on. Mrs. Woon suggested use of a toll ticket would provide a unique opportunity to distribute related historical information to the public, offer them a free draw and record attendance. The toll ticket could be placed on the dash of a vehicle(so they could enter and exit Vienna at will during the festival day), or carried on their person. When questioned how a person who did not wish to contribute would be responded to, she stated that it would be totally voluntary, however, if traveling through Vienna again during the day, that person would risk being similarly approached again. She added that the ticket portion would need to be fully completed and deposited in an identified receptacle located within the Memorial Park to qualify for a free draw to be held later in the day. Mrs.Woon suggested,if successful,this could be implemented at the other festivals in Bayham. For another year, light weight, decorated,mobile booths could be constructed by volunteers and/ or carpenters possibly through a competition. It was agreed that staff look into authorization that may be applicable. All Council members were very supportive of the concept and M Schafer suggested that a delegation to County Council may be in order. Item 9.1(h) Council Minutes - 93 - April 20, 2006 5. INFORMATION ITEMS 2006-219 Moved by C Evanitski Seconded by M Taylor "THAT information items 5(a) through 5(h) be received for information." Disposition: Motion Carried Unanimously (a) Municipal Property Assessment Corporation correspondence date March 27. 2006 regarding a Preliminary List of Electors. File: C06/A16 (b) Federation of Canadian Municipalities Member's Advisory dated April 7, 2006 File: A01 (c) Correspondence from the Minister Responsible for Seniors regarding Seniors' Month. File: A16 (d) Municipal Property Assessment Corporation correspondence dated April 11, 2006 regarding the Report of the Ombudsman of Ontario. File: A16 (e) Bayham Historical Society minutes of meeting held on March 9, 2006. File: C06 (f) Long Point Region Conservation Authority 2005 Annual Report and Business Plan for 2006. File: A16 (g) Correspondence from Stewardship Ontario regarding the Final Installment of 2005 Funding for Blue Box Recycling Program. File: E07 (h) Newsletter from AMO regarding announcements related to energy. File: A01 6. PLANNING,DEVELOPMENT,RECREATION&TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2006-017 regarding Stephen Foris Farms Severance Application E14/06. File: D10.06Foris Council Minutes - 94- April 20, 2006 2006-220 Moved by C Evanitski Seconded by P Ens "THAT Staff Report D2006-017 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E14/06 be approved subject to: 1. the severed parcel being merged in title with the adjacent property owned by Isaac and Maria Froese, as indicated in the application for consent; and 2. copy of the final survey be provided to the Municipality." Disposition: Motion Carried Unanimously (b) Staff Report D2006-016 regarding Friesen Severance Applications E15/06 and E16/06. File: D10.06Friesen 2006-221 Moved by P Ens Seconded by C Evanitski "THAT Staff Report D2006-016 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications E15/06 and E16/06 be approved subject to: 1. $500 cash-in-lieu payment to the Municipality for each created lot 2. water quality and quantity testing on each of the proposed lots, and 3. a grading plan for the proposed lots be provided to the Municipality." Disposition: Motion Carried Unanimously (c) Staff Report C2006-009 regarding BCHAC -Underserviced Area Program(UAP). File: S08.06 2006-222 Moved by M Taylor Seconded by C Evanitski "WHEREAS the Council of the Municipality of Bayham recognizes the supply of medical services is significantly below what would be considered necessary to meet local health care needs; THEREFORE Council recommends that on behalf of the Municipality the Bayham Community Health Action Committee prepare and submit an updated Underserviced Area Program(UAP) application to the Ministry of Health and Long-Term Care for designation of the amalgamated Municipality of Bayham as underserviced." Disposition: Motion Carried Unanimously Council Minutes - 95 - April 20, 2006 (d) Staff ReportD2006-019 regarding the Telus Mobility Communications Tower. File: D l i 2006-223 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report C2006-019 regarding the Telus Mobility Communications Tower be received for information." Disposition: Motion Carried Unanimously 6.2 PUBLIC MEETING 2006-224 Moved by M Taylor 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 Application: To change the zoning on 400m2 (1.0 acre)parcel of land situated on the north side of Chapel Street, east of North Street in Part Lot 15 Concession 3 in the Village of Vienna from the Village Residential 1(R1)Zone to the site-specific Village Residential 1(R1-6) Zone submitted by Laura and Paul Donelan. File: D14DONE 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2006-018 regarding Donelan rezoning was presented by the Planning Co-ordinator. She advised that no written objections or comments had been received. She recommended deferral until a site plan agreement has been completed. She noted that there is no sewer hook-up to this property. She added that the applicants were in attendance to answer any questions. 4. Public Comments Mr. Donelan advised that a sewage composting toilet facility will be utilized in the barn for disposal. Having adopted the sonship theory, he added that humus from the waste is beneficial as crop fertilizer. Water, collected from rainfall, will be gravity fed for non-drinking purposes. 5. Council Comments and Questions C Evanitski noted that since the property is not serviced with sewer hook-up odour might be a problem, and inquired whether the Ministry of the Environment had given approval and suggested a letter be requested. Council Minutes - 96 - April 20, 2006 He questioned whether activities over the Otter Creek is included in the plan and was advised it is not,however students would have access to the woods. Mrs. Donelan advised that there is an open house scheduled on May 14 and that proceeding with the rezoning would be appreciated. Staff advised that the rezoning could proceed. P Ens questioned whether the Fire Chief has any concerns about building occupancy, exits, emergency hardware, etc. Mrs. Donelan stated that she was advised by the former Chief Building Official of the necessary requirements. M Schafer asked what effect the MOE letter request might have. Mr. Donelan responded that Kitchener uses this type of odour free compost toilet. L Acre asked the number of people expected at the open house and whether advertising has been committed. Mrs. Donelan responded in the affirmative and added that all day family workshops including yoga, challenge course,ropes, demos, art and a climbing wall will take place. She added that the cottage will be utilized for special Mother's Day activities. M Schafer acknowledged the zoning and site plan agreement could be considered at the May 4th meeting,however, risks not being approved. P Ens suggested the Donelan's meet with the Fire Chief and CBO. L Acre questioned if an agreement could be done is a short time. The Planning Co-ordinator suggested the Donelan's set up a meeting with Staff early next week to discuss the issues and time constraints to complete the agreement. She noted that a zoning notice of passing must be circulated within 15 days and there is a 20 day appeal period in which appeals can be filed. The appeal period would expire after the planned opening. The Administrator confirmed the intent to meet the requirements exists. C Evanitski supported approval of the rezoning be considered at the May 4th meeting subject to submission of the requested documents and was supported by Councilors Ens and Taylor. Council Minutes - 97 - April 20, 2006 6. Adjournment 2006-225 Moved by C Evanitski Seconded by M Taylor "THAT the Public Meeting be adjourned at 7:56 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2006-226 Moved by M Schafer Seconded by P Ens "THAT Staff Report D2006-018 be received; AND THAT approval of the rezoning application of Paul and Laura Donelan be deferred until such time as a site plan agreement between the municipality and the property owner is approved and the authorizing by-law enacted." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE No items. 8. PROPERTY,BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Staff Report P2006-005 regarding Fire Department/CEMP/By-Law 1St Quarter Report. File: P16 2006-227 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report 2006-005 regarding the Fire Department, Emergency Management and By-law Enforcement Programs for the 1St Quarter 2006 (January ft-March 31St) be received for information" Disposition: Motion Carried Unanimously (b) Ontario Provincial Police correspondence dated April 7, 2006 regarding 2006 OPP Contract Renewal. File: P17 Council Minutes - 98 - April 20, 2006 2006-228 Moved by M Schafer Seconded by P Ens "THAT pursuant to Section 10(I)of the Police Services Act the Council of the Municipality of Bayham hereby resolves to accept in principle the proposal for contract policing services with the Ontario Provincial Police and indicates a willingness to enter into a contract with the Ontario Provincial Police effective the 1st day of January 2006." Disposition: Motion Carried Unanimously 2006-229 Moved by M Schafer Seconded by M Taylor "THAT the Council of the Municipality of Bayham is in favour of entering into a contract with the Ministry of Community Safety and Correctional Services for the Safer Communities- 1,000 Officers Partnership Program; AND THAT the Chairman of the Elgin Group Police Services Board and the Chief Administration Officer of Elgin County are hereby authorized to sign the agreement and necessary documents on behalf of the Municipality of Bayham." Disposition: Motion Carried Unanimously 2006-230 Moved by M Schafer Seconded by P Ens "THAT the Council of the Municipality of Bayham authorizes the Chairman of the Elgin Group Police Services Board and the Chief Administration Officer of Elgin County to apply for and receive grants for policing purposes on behalf of the Municipality of Bayham." Disposition: Motion Carried Unanimously 2006-231 Moved by C Evanitski Seconded by P Ens "THAT By-Iaw 2006-035, being a by-law to authorize the Mayor and Clerk to execute an agreement with the Ministry of Community Safety and Correctional Services of Ontario for the provision of police services, be presented to Council for enactment." Disposition: Motion Carried Unanimously Council Minutes - 99 - April 20,2006 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#395 to Cheque#477 inclusive, totaling$127, 148.11 and Cash Requirements for the period ending April 13, and Payroll Disbursements for the period ending April 9, 2006 totaling$39, 828.12. 2006-232 Moved by P Ens Seconded by M Taylor "THAT Cheque Register being Cheque# 395 to Cheque# 477 inclusive, totaling $127,148.11 and Cash Requirements for the eriod ending April 13th and Payroll Disbursements for the period ending April 9th totaling$39, 828.12, be approved." Disposition: Motion Carried Unanimously (b) Staff Financial Report F2006-10 for the period ending March 31, 2006. File F03 2006-233 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report F2006-10 regarding financial reporting for the period ending March 31,2006 be received for information." Disposition: Motion Carried Unanimously (c) Staff Report A2006-007 regarding Bayham Culture Plan Implementation—Economic Development Committees Terms of Reference. File: C11 Amendments: By-law 2006-033, Schedule"A" Section Membership/Terms of Office to be amended to read: • "The Mayor or designate and two additional members of Council • Three to six individuals from the community, preferably with representation from each of the three wards, representing various areas of interest throughout the community and a cross section of the business and commerce sectors of Bayham as much as possible, ...." By-law 2006-034, Schedule"A" Section Membership/Terms of Office to be amended to read: • "The Mayor or designate and two additional members of Council • Three to six individuals from the community, preferably with representation from each of the three wards, representing interest in tourism and marketing. ...." Council Minutes - 100 - April 20, 2006 2006-234 Moved by M Taylor Seconded by P Ens "THAT By-law No. 2006-033 to establish the Bayham Business and Commerce Committee, and By-law No. 2006-034 to establish the Bayham Tourism and Community Marketing Committee, be presented to Council for enactment as amended." Disposition: Motion Carried Unanimously (d) Staff Report C2006-008 regarding the Bayham Culture Plan. File: C11 2006-235 Moved by M Taylor Seconded by P Ens "THAT Staff Report C2006-008 be received; AND THAT a by-law to adopt the Bayham Culture Plan as a resource tool and guide be prepared for Council's consideration; AND THAT use of the logo on signage installed be at the discretion of staff." Disposition: Motion Carried Unanimously (e) Staff Report C2006-006 regarding Cemetery Grass Cutting&Landscape Services. File: L04 It was agreed that By-law 2006-06 Schedule "A", Appendix "A"be amended to delete Section 3.1.6 regarding use of a weed and feed product. 2006-236 Moved by M Taylor Seconded by M Schafer "THAT Staff Report C2006-006 be received; AND THAT the price quotes submitted for cemetery grass cutting and care and selected landscape services by Smith and Son Grounds Maintenance be accepted; AND THAT By-Law 2006-036, being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Smith and Son Grounds Maintenance, for the provision of abandoned cemetery care services, as amended, be presented to Council for enactment; Council Minutes - 101 - April 20, 2006 AND THAT By-Law 2006-038 being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Smith and Son Grounds Maintenance for the provision of selected landscape services be presented to Council for enactment; AND THAT By-Law 2006-031 being a by-law to authorize the renewal of the agreement between the Municipality of Bayham and Thomas Wilson for a further two-year period for the provision of landscape services be presented to Council for enactment; AND THAT Council approves the volunteer continuation of care of the Otter Valley Cemetery by Carl and Sandra Hot and reimbursement of costs at$35 per cut, based on an every other week cut,with additional cuts being authorized by the municipality plus spring and fall cleanup at$50 each." Disposition: Motion Carried (f) Staff Report PR2006-06 regarding the Food Concession Tender—Municipal Beach. File: L04 2006-237 Moved by M Schafer Seconded by P Ens "THAT By-law No. 2006-037 to authorize the execution of an Agreement with Mae C.Legg for the provision of a Concession Food Booth at the east beach in Port Burwell for the 2006 season be presented to Council for enactment." Disposition: Motion Carried Unanimously (g) Draft By-law 2006-039 authorizing the agreement renewal with GP Janitorial. File: CO1 2006-238 Moved by P Ens Seconded by M Taylor "THAT By-law 2006-039, being a by-law to authorize the renewal of an agreement with GP Janitorial for the provision of janitorial services for a further two-year period, be presented to Council for enactment." Disposition: Motion Carried Unanimously (h) Email correspondence from Jean Woon regarding EdisonFest activities. File: C13 Council Minutes - 102 April 20, 2006 2006-239 Moved by M Taylor Seconded by M Schafer "THAT permission be granted to use Municipal streets in Vienna for Edison Fest on June 3, 2006; THAT the organizers be permitted to approach vehicles to sell toll passes in lieu of admission; THAT the Municipality hereby requests permission from the County of Elgin to use County Road portions of Plank Road, Edison Drive between Plank Road and Fulton Street and Fulton Street between Edison Drive and Elm Street,to conduct a soap box derby between 9:00 a.m. and 3:00 p.m. on June 3`d; AND THAT the Bayham Public Works Department provide the necessary traffic control and signage requirements to maintain public safety." Disposition: Motion Carried Unanimously (i) Request by Deputy Mayor Shafer to discuss the Edison Museum 2005 budget surplus allocation. Note: The Treasurer has advised that only the surplus allocation is affected, a by-law is not required 2006-240 Moved by M Schafer Seconded by P Ens "THAT Council supports the transfer of Edison Museum 2005 operating budget surplus,in the amount of$1,250.00 to the Edison Museum reserve fund." AND THAT a by-law to amend the 2006 budget By-law 2006-026 be prepared for Council's consideration." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report E2006-004 regarding Household Hazardous Waste/Large Item Disposal. File: E09 Council Minutes - 103 - April 20, 2006 2006-241 Moved by M Taylor Seconded by P Ens "THAT the 2006 Household Hazardous Waste and Large Item Drop-off Day be arranged for Saturday May 27th, 2006; AND THAT Clean Harbors Canada Inc. be retained to manage the Hazardous Waste Drop-off collection and disposal; AND THAT the Municipality proceed with its Curbside Shopping Days prior to May 27th.,, Disposition: Motion Carried Unanimously 2006-242 Moved by M Taylor Seconded by P Ens "THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal with business until 11:00 p.m. at its meeting of April 20,2006." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE Y. CORRESPONDENCE&REPORTS 2006-243 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 personal matters about an identifiable individual, including municipal or local board employees." Disposition: Motion Carried Unanimously 2006-244 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 (a) Staff Report regarding a confidential personal matter. Council Minutes - 104 - April 20, 2006 2006-245 Moved by P Ens Seconded by C Evanitski "THAT By-law No. 2006-041, to authorize an employment agreement with Rod Patterson, and By-law No. 2006-042, to appoint Mr. Rod Patterson to perform the duties of Chief Building Official and Inspector under the Building Code Act, be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Staff Report regarding a confidential personal matter. 2006-246 Moved by M Shafer Seconded by P Ens "THAT By-law No. 2006-043, to authorize an employment agreement with Alexander Graham for the position of Curator, be presented to Council for enactment." Disposition: Motion Carried Unanimously 12. BY-LAWS By-law 2006-031 A By-law to authorize the renewal of an agreement with Thomas Wilson for the Provision of Landscape Services. By-law 2006-033 A By-law to establish the Bayham Business and Commerce Committee, as amended, By-law 2006-034 A By-law to establish the Bayham Tourism and Community Marketing Committee, as amended. By-law 2006-035 A By-law to authorize the execution of an agreement for Police Services. By-law 2006-036 A By-law to authorize the execution of an agreement with Smith and Son Grounds Maintenance for the provision of cemetery care services, as amended. By-law 2006-037 A By-law to authorize the execution of an agreement with Mae C. Legg for the operation of a Concession Food Booth on the East Beach By-law 2006-038 A By-law to authorize the execution of an agreement with Smith and Son Grounds Maintenance for the provision of landscape services. By-law 2006-039 A By-law to authorize the renewal of an agreement with G.P. Janitorial for the provision of the janitorial services. By-law 2006-041 A By-law to authorize an employment agreement with Rod Patterson By-law 2006-042 A By-law to appoint Mr. Rod Patterson to perform the duties of Chief Building Official and Inspector under the Building Code Act, Council Minutes 105 - April 20, 2006 By-law 2006-043 A By-law to authorize an employment agreement with Alexander Graham for the position of Curator By-law Z523-2006 A By-law to further amend Zoning by-law(Donelan-No Action) By-law 2006-040 A By-law to confirm all actions of Council. 2006-247 Moved by P Ens Seconded by M Taylor "THAT By-laws 2006-031,2006-033, as amended,2006-034, as amended, 2006-035, 2006-036, as amended,2006-037,2006-038, 2006-039, 2006-041,2006-042 and 2006-043 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2006-248 Moved by M Taylor Seconded by M Schafer "THAT confirming By-law 2006-040 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2006-249 Moved by P Ens Seconded by M Taylor "THAT the meeting be adjourned at 11 p.m." Disposition: Motion Carried Unanimously MAYOR ' if . ti CLER a;al.. Date Approved: .� '� , i ,