HomeMy WebLinkAboutMay 04, 2006 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday May 4, 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 and Paul
Ens, Administrator Kyle Kruger and Clerk Lynda Millard. Councillor Cliff Evanitski was absent.
1. CALL TO ORDER& PRESENTATION
Mayor Acre called the meeting to order at 7:00 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 20, 2006
2006-250 Moved by M Schafer
Seconded M Taylor
"THAT the minutes of the regular meeting of Council held April 20,2006 be approved, as
circulated."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 8:00 p.m.—Paul Donlan.proprietor Dancing Creek, was in attendance regarding rezoning
application Item 6.3.1(a).
Mr. Donelan advised that he has retained the architectural firm Moss Sund Inc. of Toronto and
submitted a letter to the Mayor from Carolyn Moss,providing information on the Envirolet
Composting Toilet.
The Mayor read the correspondence. The letter confirmed that Composting Toilets are
categorized as a Class 1 system under Part 8 of the Ontario Building Code(1997)which
regulates sewage systems.
Council Minutes - 107 - May 4, 2006
In addition, Ms. Moss advised that Class 1 systems designed with a drain for the removal of
excess liquid must be connected to a Class 3, 4 or 5 sewage system(cesspool, leaching bed or
holding tank). She indicated it is her understanding that the proposed system falls in this
category. The firm will review the existing system to determine whether it meets Code with
respect to both the number of fixtures and installation. Action required will be included in a
Change of Use building permit application. '
Minor variances and a Site Plan Control agreement regarding the local zoning by-laws regulating
land use will be prepared by the firm for Council's consideration.
Mr. Donelan, in response to a question regarding potential odour problems responded that the
system is at the beginning stage of use, and is unable to advise at this time. He added that the
MOE are not in the know regarding the use of this type of system. He advised that the firm is to
assess the needs on May 5th and then he will move forward to address safety issues with exit
doors, signage, lights etc.
The Administrator suggested that the Donelans are trying to meet concerns quickly and have
acquired professional assistance. They need to ensure themselves that they are in compliance
with safety levels, inspection and enforcement issues if the Open House is to proceed on May
14th. There are no applicable permits to be issued for the proposed event.
Mr. Donelan thanked Council for the opportunity to present and that he would keep staff and
Council appraised.
ADDITION OF AGENDA ITEM
2006-251 Moved by M Taylor
Seconded by M Schafer
"THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff
Memorandum C2006-011 regarding Brochure printing, be added to the agenda as
item 9.1(1)."
Disposition: Motion Carried Unanimously
5. INFORMATION ITEMS
2006-252 Moved by M Taylor
Seconded by M Schafer
"THAT information items 5(a)through 5(i)be received for information;
AND THAT item 5(j) be deferred to the May 18th agenda."
Disposition: Motion Carried Unanimously
Council Minutes - 108 • May 4, 2006
(a) Correspondence from the Rabies Research&Development Unit dated April 3, 2006 regarding
the annual wildlife rabies control operations for 2006.
File: A16
(b) Ministry of Finance correspondence dated April 19, 2006 regarding a deadline extension for
municipalities to pass by-laws implementing various property tax policy decisions.
File: F05/A16
(c) Correspondence from the VON regarding their 7th Annual Great Community Walk.
File: A01
(d) News Release from the Ministry of Municipal Affairs and Housing dated April 27, 2006
regarding Long-Standing Service-Awards.
File: M06
(e) Association of Municipalities of Ontario (AMO) correspondence dated April 21, 2006 regarding
"AMO Urges Municipalities to Lobby Federal Government on the Early Learning and Child
Care Agreement"and"Canada and Ontario Announce Approval of COMRIF "Intake Two"
Projects".
File: A01
(f) Press Release from OGRA dated April 19,2006 regarding Disobeying a Traffic Control Person
and Clarifying Rules at School Crossings and Construction Zone Changes—Bill 169.
File: A01
(g) OPP Detachment Commander's Report for January—March 2006.
File: P17
(h) Product&Packaging Stewardship Review for April 2006 regarding Waste Management.
File: E07
(i) Ministry of Citizenship and Immigration correspondence dated April 2006 regarding the Lincoln
M Alexander Award 2006.
File: M02
(j) Community Centres Committee Minutes of meeting held April 27, 2006. (deferred to May 18t)
File: C06
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
1. CORRESPONDENCE&REPORTS
(a) Email received April 25, 2006 regarding the SWOOP project.
File: D00
Council Minutes - 109 - May 4, 2006
2006-253 Moved by M Taylor
Seconded by M Schafer
"THAT the email received April 25,2006 regarding update to the SWOOP Project be
received for information."
Disposition: Motion Carried Unanimously
6.2 PUBLIC MEETING
2006-254 Moved by M Schafer
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
1. (a) 7:30 Application: To change the zoning on a 1740 m2 (0.43 acre)parcel of land situated
on the south side of Eden Line, west of Talbot Line, in the Hamlet of North Hall, from
the Institutional(I)Zone to the Hamlet Residential—holding(HR-h) Zone, and to change
the zoning on a 6500 m2 (1.6 acre)parcel of land situated on the south side of Eden Line,
west of Talbot Line, in the Hamlet of North Hall, from the Hamlet Residential—holding
(HR-h) Zone to the Institutional (1)Zone.
Disposition: Motion Carried Unanimously
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation— Staff Report D2006-020 was presented by the Administrator. He
distributed a letter received earlier in the day to Council members and advised that upon
receipt it had been circulated to staff for comment. The letter raised concerns of future
development,however,he advised that this is the intent under the Official Plan
designation. He noted that the applications are to address the Land Division Committee
consent application requirements imposed by the municipality. The holding designation
will be removed at a later date subject to details satisfactory to Council. He added that
Staff and the Planning consultant are in support of the applications. He added that Mr.
Roe,planning consultant for the applicants was present.
4. Public Comments
Mr. Roe commented that residential development is what the lands are designated for and
that the concerns raised relate to future growth and development only.
There were no other members of the public who wished to speak.
Council Minutes 110 - May 4, 2006
5. Council Comments and Questions None
6. Adjournment
2006-255 Moved by M Taylor
Seconded by M Schafer
"THAT the Public Meeting be adjourned at 7:36 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2006-256 Moved by M Taylor
Seconded by M Schafer
THAT Staff Report D2006-020 be received;
AND THAT the zoning of the proposed severed parcel located in Concession 8 Part Lot 7,
owned by Abraham and Emma Peters, be changed from Hamlet Residential-Holding to
Institutional;
AND THAT the zoning of the proposed severed parcel located in Concession 8 Part Lot 7,
owned by the Corinth Mennonite Church, be changed from Institutional to Hamlet
Residential—Holding;
AND THAT Zoning By-law Z524-2006 be presented for enactment."
6.3 UNFINISHED BUSINESS
1. (a) 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(RI)Zone to the site-specific Village Residential
I(R1-6) Zone submitted by Laura and Paul Donelan and Staff Report D2006-018.
(Deferred from April 20th)
D14DONE
2006-257 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report D2006-018 be received;
AND THAT the zoning of the parcel located in Concession 3 Part Lot 15,Village of
Vienna, owned by Paul and Laura Donelan, be changed from Village Residential (R1)
to Site-specific Village Residential(R1-6);
Council Minutes - 111 - May 4, 2006
AND THAT Zoning By-law Z523-2006 be presented for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE &DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Correspondence from Clayton Watters, Director of Engineering Services at the County of Elgin
dated April 25, 2006 regarding the intersection of Culloden Road and Eden Line.
File: A16
2006-258 Moved by M Schafer
Seconded by P Ens
"THAT correspondence from Clayton Watters,Director of Engineering Services at the
County of Elgin dated April 25,2006 regarding the intersection of Culloden Road and
Eden Line be received;
AND THAT the Public Works Superintendent be directed to install Stop Blocks at all
County Road intersections in the Municipality of Bayham following the requirements of
the Ontario Traffic Manual;
AND THAT all costs associated with this annual activity be recovered from the County of
Elgin through the County Road Maintenance Allocations."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
I. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending April 30, 2006.
File: P10
2006-259 Moved by M Schafer
Seconded by M Taylor
"THAT the Building Permit Report for the month ending April 30,2006 be received for
information."
Disposition: Motion Carried Unanimously
Council Minutes - 112 - May 4, 2006
(b) Staff Report PR2006-07 regarding Harbour Facilities.
File: L04
2006-260 Moved by M Taylor
Seconded by M Schafer
"THAT By-law No. 2006-046 to authorize an agreement with Ron Bradfield, Bradcranex
Inc. to operate the municipal Black Docks, boat launch, and finger docks for 2006 be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
Y. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#478 to Cheque#532 inclusive, totaling $154, 475.01
and Cash Requirements for the period ending April 28, and Payroll Disbursements for the
period ending April 23, 2006 totaling$38,871.10.
2006-261 Moved by M Schafer
Seconded by M Taylor
"THAT the Cheque Register being Cheque#478 to Cheque#532 inclusive,totaling
$154,475.01 and Cash Requirements for the period ending April 28, 2006, and
Payroll Disbursements for the period ending April 23,2006 totaling$38,871.10, be
approved."
Disposition: Motion Carried Unanimously
(b) Correspondence from the Vienna Lions Club regarding permission for people to drop off
donations at the municipal office.
File: C13
2006-262 Moved by M Taylor
Seconded by P Ens
"THAT correspondence from the Vienna Lions Club regarding permission for
people to drop off donations at the municipal office be received;
AND THAT Council authorizes staff to accept donations, made by cheque only,
payable to the Vienna Lions Club and designated"Vienna Lions-Pavilion",to be
held for pick-up by authorized Vienna Lions CIub members John Csinos and I or
William Gheysen only;
Council Minutes - 113 • May 4, 2006
AND THAT a letter of support for the project be provided by the Clerk."
Disposition: Motion Carried Unanimously
(c) Correspondence from the County of Elgin dated April 26, 2006 regarding 2006 County Rates.
File: F05
2006-263 Moved by M Schafer
Seconded by M Taylor
"THAT correspondence from the County of Elgin dated April 26, 2006 regarding 2006
County Rates By-law 06-08 be received for information."
Disposition: Motion Carried Unanimously
(d) Staff Memorandum dated April 27, 2006 regarding 2006 Street Light Installations.
File: F05
2006-264 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Memorandum dated April 27,2006 regarding 2006 Street Light
Installations be deferred to next meeting pending further information."
Disposition: Motion Carried Unanimously
(e) Applications for Municipal Assistance(allocations to be determined).
File: F05
2006-265 Moved by M Taylor
Seconded by P Ens
"THAT the allocations for 2006 Municipal Assistance be approved as follows:
Bayham Historical Society- $400.00 ,BPSA- $500.00, Canadian Mosaic$500.00
and $1,220 to each theFirst Port Burwell Scouts, Straffordville Minor Ball,Tillsonburg
District Multi-Service Centre, Port Burwell Community Childcare Centre and the Calton
Community Centre.
AND THAT all other requests for assistance be approved,with the exception that cleaning
fees be applied to all Community Centre rentals."
Disposition: Motion Carried Unanimously
Council Minutes - 114 - May 4, 2006
(f) Correspondence from Canada-Ontario Municipal Rural Infrastructure Fund(COMRIF)regarding
Project 13516—Improvements to 5 Roads in Port Burwell.
File: F 1 1
2006-266 Moved by P Ens
Seconded by M Schafer
"THAT correspondence from Canada-Ontario Municipal Rural Infrastructure Fund
(COMRIF) regarding Project 13516—Improvements to 5 Roads in Port Burwell be
received for information."
Disposition: Motion Carried Unanimously
(g) Application for Outdoor Special Occasion Permit to operate a beer garden during Edison Fest
submitted by Jean Woon on behalf of the Edison Museum.
File: P1 1
2006-267 Moved by M Schafer
Seconded by P Ens
"THAT the application for Outdoor Special Occasion Permit to operate a beer
garden on June 3'd between 9:00 a.m. and 11:00 p.m during Edison Fest submitted
by Jean Woon on behalf of the Edison Museum be approved, 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 THAT Council approves use of the Vienna Memorial Park for Edison Fest
activities, sponsored by the Vienna Lions Club, on June 3,2006, 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 as appropriate;
• 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 the Municipality provide municipal assistance including additional portable
washroom facilities, snow fence,fence posts, barricades,picnic tables and extra garbage
bins;
Council Minutes 115 - May 4, 2006
AND THAT the clean up of the Memorial Park area and any costs thereof, be the
responsibility of the organizers."
Disposition: Motion Carried Unanimously
(h) Draft By-law 2006-028,being a by-law to authorize the renewal of the janitorial agreement with
Ramona Peidl for a further two-year period.
File: CO1
2006-268 Moved by M Schafer
Seconded by P Ens
"THAT By-law 2006-028, being a by-law to authorize the renewal of the janitorial
agreement with Ramona Peidl for a further two-year period, be presented to Council for
enactment."
Disposition; Motion Carried Unanimously
(i) Draft By-law 2006-045,being a by-law to adopt a Culture Plan for Bayham.
File: CO1
2006-269 Moved by M Taylor
Seconded by P Ens
"THAT By-law 2006-045, being a by-law to adopt the Bayham Culture Plan, be presented
to Council for enactment."
Disposition: Motion Carried Unanimously
(j) Staff Memorandum C2006-008 regarding the July/August meeting schedule.
File: A09
2006-270 Moved by P Ens
Seconded by M Schafer
"THAT Staff Memorandum C2006-008 be received;
AND THAT the July and August regular Council meeting schedule be rescheduled to one
meeting only each month, that being July 13th and August 176."
Disposition: Motion Carried Unanimously
Council Minutes - 116 - May 4, 2006
(k) Copy of Provincial Legislation, Safe Streets Act,1999 provided in regard to implementation
of toll gate passes as requested for Edison Fest.
File: L11
2006-271 Moved by M Taylor
Seconded by M Schafer
"THAT the Provincial Legislation, 'Safe Streets Act, 1999'provided in regard to
implementation of toll gate passes for Edison Fest be received;
AND THAT Staff be directed to prepare a by-law authorizing the Bayham Historical
Society or equivalent charitable organization to conduct the 'toll gate' fundraising
activities at Edison Fest for enactment at the May 18th meeting of Council,pending
approval by the County as applicable."
Disposition: Motion Carried Unanimously
(1) Staff Memorandum C2006-011 regarding the printing of the new Bayham Brochure and 2006
Events Insert.
File: R08
2006-272 Moved by M Taylor
Seconded by P Ens
"THAT Staff Memorandum C2006-011 be received;
AND THAT Council authorizes Response Generators to arrange for the one time printing
of 10,000 copies of the "Discover Bayham, Gateway to Erie's Shore"brochure and 2006
event insert at a cost of$ 11,426,to be completed as soon as possible."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Elgin Area Primary Water Supply System 2005 Compliance Report.
File: E08
2006-273 Moved by P Ens
Seconded by M Schafer
"THAT the Elgin Area Primary Water Supply System 2005 Compliance Report be
received for information."
Disposition: Motion Carried Unanimously
Council Minutes - 117 - May 4, 2006
11. COMMITTEE OF THE WHOLE
2006-274 Moved by M Taylor
Seconded by M Schafer
"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 Iocal board; and
❑ personal matters about an identifiable individual,including municipal or local
board employees."
Disposition: Motion Carried Unanimously
2006-275 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
1. CORRESPONDENCE&REPORTS
(a) Verbal report regarding a confidential personal matter.
12. BY-LAWS
By-law Z523-2006 A By-law to further amend Zoning By-law Z456-2003 (Donlan-
previously deferred)
By-law Z524-2006 A By-law to further amend Zoning By-law Z456-2003 (Peters/Corinth
Mennonite Church)
By-law 2006-028 A By-law to authorize the renewal of the janitorial agreement with R.
Peidl
By-law 2006-045 A By-law to adopt the Bayham Culture Plan
By-law 2006-046 A By-law to authorize the execution of a lease agreement with Bradcranex
By-law 2006-044 A By-law to confirm all actions of Council.
Council Minutes - 118 - May 4, 2006
2006-276 Moved by P Ens
Seconded by M Schafer
"THAT By-laws Z523-2006, Z524-2006,2006-028,2006-045 and 2006-046 be read a
first, second and third time and fmally passed."
Disposition: Motion Carried Unanimously
2006-277 Moved by P Ens
Seconded by M Taylor
"THAT confirming By-law 2006-044 be read a first, second and third time and
fmally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2006-278 Moved by M Taylor
Seconded by P Ens
"THAT the meeting be adjourned at 9:36 p.m."
Disposition: Motion Carried Unanimously
MAYOR j A . 1 +. CLERK 4,44 4 , ' L„e9
Date Approved: \.t. . I $f j-461v 6