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HomeMy WebLinkAboutApril 06, 2006 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday April 6, 2006 7:00 p.m. 7:30 & 8:00 p.m. - Public Meetings—Zoning 8:30 p.m. - Public Meeting—2006 Budget 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 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 March 16, 2006 Minutes of the Special Budget Meeting of Council held March 23, 2006. It was noted that the resolution under Item 3(a)should be corrected to read "Motion Carried", 2006-170 Moved by P Ens Seconded by M Taylor "THAT the minutes of the regular meeting of Council held March 16,2006 be approved, as circulated." Disposition: Motion Carried Unanimously 2006-171 Moved by M Taylor Seconded by P Ens "THAT the minutes of the special budget meeting of Council held March 23, 2006 be approved, as amended." Disposition: Motion Carried Unanimously Council Minutes - 70 - April 6, 2006 4. DELEGATIONS (a) 7:05 p.m. David Roe, planning Consultant was in attendance regarding a potential rezoning application for property owned by Frank Voth. Mr. Roe advised that Mr. Voth is proposing to construct an additional industrial building at the rear of the existing building, which lands would require a zoning change to Rural Industrial. He acknowledged the number of residences in close proximity to the proposed location, and advised that Mr. Voth had met with neighbours to determine the level of support and any issues and concerns they may have, in order to avoid changes to the application once it has been submitted. He advised he has also met with municipal staff regarding site plan control and other requirements. He suggested that he is now seeking input from those present to assist in proceeding. Mayor Acre offered the opportunity for the public to speak to the matter. Several neighbours in attendance raised concerns including diesel emissions, ventilation, proximity to the residences, hours of operation,vibrations, noise, odours,toxic fumes, contamination,buffer zones, storage and property standards and lack of site plan control. Q. Council Evanitski questioned whether there would be enough area on the front of the property. A. He was advised that this could be done, however,preference would be to have a greater distance separation from the existing residences. Q. Councillor Taylor questioned whether three phase electrical power is as cost effective for generator operation as alternatives such as diesel fuel. A. Mr. Voth advised that diesel is the most cost effective option currently available. Q. D.M. Schafer asked whether natural gas is an option. A. Mr. Voth suggested using natural gas would increase operating cost. Mayor Acre suggested that Mr. Voth and Mr. Roe meet with the neighbours to work out concerns prior to proceeding. ADDITION OF AGENDA ITEMS Councillor Evanitski requested discussion of the Sunday hunting by-law and it was added as item 9.1(h). 2006-172 Moved by M Taylor Seconded by P Ens "THAT in accordance with Section 21 of Procedural By-law 2002-93, correspondence from the Pt. Burwell and Vienna Anglican Parish requesting use of the east beach for a sunrise service on April 16th be added to the agenda as item 9.1(g)." Disposition: Motion Carried Unanimously Council Minutes - 71 - April 6, 2006 5. INFORMATION ITEMS 2006-173 Moved by C Evanitski Seconded by P Ens "THAT information items 5(a) through 5(x) be received for information." Disposition: Motion Carried Unanimously (a) Bayham Community Policing&N. W. Committee draft minutes of meeting held March 15. File: C06 (b) Tourism Sub-Committee Bayham Economic Development and Tourism Committee draft minutes of meetings held February 22 and March 22. Item 8(a)from the March minutes was further discussed and a resolution passed under item 9.1(i). File: C06 (c) Joint Elgin/Central Elgin Municipal Accessibility Advisory Committee minutes of meeting held March 22. File: A16 (d) Bayham Economic Development&Tourism Committee draft minutes of meeting held February 22. File: C06 (e) Joint Cemetery Board Meting draft minutes of meeting held on March 21. File: C06 (f) Provincial correspondence regarding ethanol,best practices for storing/handling ethanol-blended gasoline. File: A16 (g) Town of Aylmer Press Release dated March 27, 2006 regarding an Integrated Grain Processors Co-operative to locate in Aylmer(corn based ethanol plant). A16 (h) Press Release dated March 24, 2006 from Steve Peters M.P.P. regarding McGuinty government's 2006 Budget good news for Elgin-Middlesex-London. M06 (i) Association of Municipalities of Ontario (AMO) correspondence dated March 24 and 31, 2006 regarding"2006 Provincial Budget Offers No Real Plan for Municipalities", "2006 Energy Matters Conference—Announcements and Synopsis"and"Municipalities/DSSABs Receive Additional Funding for Land Ambulance Services". File: A01 Council Minutes - 72 - April 6, 2006 (j) Press Release from OGRA dated March 24, 2006 regarding OGRA responds to Ontario Budget and Transportation Funding. File: A01 (k) Correspondence from Customs Excise Union(CEUDA) dated March 2006 regarding"Follow-up —Canadian Border Patrol. File: A01 (1) Correspondence from Ministry of Agriculture, Food and Rural Affairs dated March 22, 2006 regarding a potential sweet potato ethanol project locally. File: A16 (m) Correspondence from Canada Post regarding the 2006 Canada Post Literacy Awards (various- booklet available). File: M02 (n) Ministry of Tourism, Ontario Tourism Facts &Figures Newsletter, Winter 2005 edition. File: M07 (o) Correspondence from the Honourable Jim Bradley, Minister Responsible for Seniors,regarding the 2006 Senior of the Year Awards File: A16 (p) Statistics Canada correspondence dated March 7, 2006 regarding the 2006 Census File: A16 (q) Statistics Canada notice received March 28, 2006 regarding a publication entitled"Women in Canada". File: A16 (r) Elgin St. Thomas Health Unit correspondence dated March 20, 2006 regarding Mould Complaints. (Info package available) File: A16 (s) Correspondence from the Town of Parry Sound dated March 15, 2006 regarding the 2006 Great Lakes St. Lawrence Cities Initiative Conference June 21 - 23, 2006. (Full program available) File: A04 (t) Correspondence from the Federation of Canadian Municipalities (FCM) dated March 22, 2006 regarding"New Funding Opportunity for Municipal Solid Waste Projects". File: A16 (u) Lake Huron& Elgin Area Water Supply Systems Newsletter dated March 20, 2006. File: M07 Council Minutes - 73 - April 6, 2006 (v) Correspondence from the Canadian Union of Postal Workers (CUPW)regarding plant and post office closures. File: A01 (w) Municipal Property Assessment Corporation(MPAC)"Getting it Right"Executive Summary regarding the Ontario Ombudsman Adrian Marin's report on MPAC's practices and processes related to property assessment in Ontario (available) and Debbie Zimmerman response &press statement dated March 28. File: A16 (x) Elgin-St. Thomas Health Unit correspondence dated March 28, 2006 regarding Pandemic Influenza Information session. File: A16 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM 2006-174 Moved by C Evanitski Seconded by M Taylor "THAT the County meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously I. PUBLIC MEETINGS I. (a) 7:30 p.m. start was delayed until 7:45-Application:To change zoning on a 2.5 hectare (6.18 acre)parcel of land located in Part Lot 20 Concession 11 on the northwest corner of Talbot Line and Bayham Drive from Agricultural(Al) to Site-specific Rural Industrial (M2-7) submitted by Chesterman Leasing Inc. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2006-013 regarding the Chesterman Rezoning was presented by the Planning Co-ordinator. She reported that approval of the application would permit the establishment of a seasonal indoor motocross arena. She advised that no written comments or concerns had been received. She recommended that the application be supported,however requested passage of the by-law be deferred until a site plan agreement is in place. She advised that Mr. David Chesterman was present to answer any questions. File: D14 4. Public Comments None Council Minutes - 74 - April 6, 2006 S. Council Comments and Questions Q. C Evanitski questioned how the Ministry of the Environment requirements for noise and emission control will be addressed for the arena. A. Mr. Chesterman advised that the building will be insulated, containing the muffled sound within the building. He added that this is an appropriate site for such a facility as all the properties in close proximity are zoned for Industrial use. He added that all the dirt used for bumps within the building is intended to remain there year round. Q. Mayor Acre noted that the building is being placed in a forested area and trees are to be removed. A. Mr. Chesterman advised that he has made efforts to involve the neighbours and received verbal support. The building will be placed partially in the treed area and he will be replacing trees that need to be removed. He indicated that he has been in contact with the County Tree Commissioner. 6. Adjournment 2006-175 Moved by P Ens Seconded by C Evanitski "THAT the County meeting be adjourned at 7:55 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2006-176 Moved by P Ens Seconded by M Taylor "THAT Staff Report D2006-013 be received; AND THAT approval of the rezoning application of Chesterman Leasing Inc. from Agricultural A-1 to Site-specific Rural Industrial (M2-7) 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." 2006-177 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 Council Minutes - 75 - April 6, 2006 1. (b) 8:00 p.m. -Application: To change the zoning on a 80.8 hectare(199.64 acre)parcel of land located in Part Lot 109 Concession 6 STR on the southeast corner of Heritage Line and Springerhill Road to a modified site-specific Agricultural (A1-15)zone, submitted by Tom and Deb Benner. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2006-014 regarding the Benner Rezoning was presented by the Planning Co-ordinator. She reported that approval of the application would permit the expansion of their herb farm operation by increasing the size of the retail area, adding more parking area and adding an outdoor cafe. She advised that no written comments or objections had been received. She recommended that the application be supported,however requested passage of the by-law be deferred until a site plan agreement is in place. She advised that Mr. Tom Benner was present to answer any questions. File: D14 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2006-178 Moved by M Shafer Seconded by C Evanitski "THAT the Public Meeting be adjourned at 8:04 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2006-179 Moved by M Taylor Seconded by P Ens "THAT the Staff Report D2006-014 be received; AND THAT approval of the rezoning application of Tom and Deb Benner to modify the Site-specific Agricultural A1-15 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 Council Minutes - 76 - April 6, 2006 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Fisheries and Oceans Ontario Great Lakes Area correspondence dated January 3, 2006 regarding 2006 Class Authorization process for the maintenance of Municipal Drains under Subsection 35(2) of the Fisheries Act. File: E09 2006-180 Moved by P Ens Seconded by M Schafer "THAT the Fisheries and Oceans correspondence dated January 3,2006 regarding 2006 Class authorization process for the maintenance of Municipal Drains under Subsection 350(2) of the Fisheries Act,be received for information." Disposition: Motion Carried Unanimously (b) Staff Report DR2006-007 regarding Richmond Outlet Municipal Drain. File: E09 2006-181 Moved by M Taylor Seconded by P Ens "THAT Staff Report DR2006-007 regarding the Richmond Outlet Municipal Drain be received; AND THAT the Council of the Municipality of Bayham hereby extends the period for filing of a report by the Engineer, Spriet Associates,for a further six month period,namely on or before September 16,2006." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit Report for the month of March 2006. File: P10 Council Minutes - 77 - April 6, 2006 2006-182 Moved by M Shafer Seconded by C Evanitski "THAT the Building Permit Report for the month of March 2006 be received for information." Disposition: Motion Carried Unanimously (b) Staff Report P2006-009 regarding Disposal of Surplus Fire Department Tanker Truck. File: P16 2006-183 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report P2006-009 regarding the Disposal of Surplus Fire Department Tanker Truck be received for information." Disposition: Motion Carried Unanimously (c) Staff Report PR2006-05 regarding a Request for Conveyance—Lumber Street Vienna. File: T09/L07 2006-184 Moved by P Ens Seconded by M Taylor "THAT Staff Report PR2006-05 be received; AND THAT the Municipality advise Mr. Bryon Rusk that it is receptive to the conveyance of Lumber Street and all conveyance costs,including survey,legal and advertising be equally split." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Email correspondence from Nancy Farley dated February 4, 2006 requesting the use of the municipal road allowance in Eden (deferred from Mar. 2/06—Staff ff'advised that other arrangements had been made.) File: C13 Council Minutes - 78 - April 6, 2006 2006-185 Moved by P Ens Seconded by M Schafer "THAT the email correspondence from Nancy Farley dated February 4,2006 requesting the use of the municipal road allowance in Eden be received for information." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#313 to Cheque#394 inclusive, totaling$935,638.86 and Cash Requirements for the period ending March 31, 2006 and Payroll Disbursements for the periods ending March 12 &26, 2006 totaling$41, 384.58 and$45,188.22. 2006-186 Moved by M Taylor Seconded by C Evanitski "THAT Cheque Register being Cheque#313 to Cheque#394 inclusive, totaling $935,638.86 and Cash Requirements for the period ending March 31, 2006 and Payroll Disbursements for the period ending March 12 & 26,2006 totaling $41,384.58 and $45,188.22 respectively,be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2006-09 regarding Move Ontario Roads and Bridges Grant. File F11 2006-187 Moved by C Evanitski Seconded by P Ens "THAT the 'Move Ontario Roads and Bridges Grant' in the amount of$270,919 be placed in a capital reserve at this time; AND THAT staff prepare a report outlining priority road and bridge works for the use of the grant for the consideration of Council." Disposition: Motion Carried (c) Edison Museum of Vienna draft minutes of meeting held March 13th. Council action requested for items 7(b) and(f) and 8(c). File: C06 Council Minutes - 79 - April 6, 2006 2006-188 Moved by M Schafer Seconded by M Taylor "THAT the draft minutes of the Edison Museum Board meeting held March 13th be deferred." Disposition: Motion Carried Unanimously 2006-189 Moved by M Taylor Seconded by P Ens "THAT Council directs the Public Works Superintendent to investigate arrangements to clear and dispose of the pile of cut trees and brush from the municipal vacant lot at 6342 Plank Road,Vienna, and report same back to Council." Disposition: Motion Carried Unanimously 2006-190 Moved by P Ens Seconded by M Schafer "THAT Council supports placement of three foot (3') trees as a buffer along the south and north boundaries of the vacant lot at 6342 Plank Road,Vienna and the submission of an application for funding support to the County of Elgin." Disposition: Motion Carried Unanimously (d) Staff Report F2006-08 regarding 2005 year end. File: F03.06 2006-191 Moved by C Evanitski Seconded by M Schafer "THAT Staff Report F2006-08 be deferred to the next budget meeting." Disposition: Motion Carried Unanimously (e) Correspondence dated March 21st from GR Klein regarding tax payment and driveway off Strachan Street. File: C13 Council Minutes - 80 - April 6, 2006 2006-192 Moved by M Taylor Seconded by C Evanitski "THAT the correspondence dated March 21st from GR Klein regarding a tax payment and his driveway off Strachan Street be received; AND THAT the Public Works Superintendent be directed to look into the driveway concern and report back to Council with a recommendation for consideration." Disposition: Motion Carried Unanimously (f) Correspondence dated March 30 from Bev Hickey regarding Proposed Closure of Port Burwell Public School and attached petition. File: M04 2006-193 Moved by P Ens Seconded by C Evanitski "THAT the correspondence dated March 30th from Bev Hickey regarding the proposed closure of Port Burwell Public School and the attached petition be received; AND THAT Council supports the petition against the proposed closing of the Port Burwell Public School; AND THAT the Municipality of Bayham requests Thames Valley District School Board members to attend a meeting with the public to be held at the Port Burwell School gymnasium as soon as possible to discuss proposed closure concerns." Disposition: Motion Carried Unanimously (g) Correspondence from the Anglican Parish of Trinity and St. Luke's Churches in Port Burwell and Vienna requesting permission to use the East Beach for an Easter sunrise service on April 16. 2006-194 Moved by M Shafer Seconded by M Taylor "THAT the Council of the Municipality of Bayham approves the use of East Beach for a sunrise service by the Trinity and St. Luke's Anglican Parish on April 16th subject to the provision of proof of liability insurance." Disposition: Motion Carried Unanimously Council Minutes - 81 - April 6, 2006 (h) At the request of Councillor Evanitski, discussion was had regarding the Sunday hunting law. It was suggested that Council keep informed whether any issues arise and revisit this matter should concerns become evident. (i} Item 8(a) from the draft minutes of the Tourism sub-committee meeting held March 22, 2006. File: C06 2006-195 Moved by P Ens Seconded by M Schafer "THAT the Mayor be authorized to discuss the use of the property at the corner of Nova Scotia Line and Brown Road for a potential turbine tourism information center with Elgin County Councillors." Disposition: Motion Carried Unanimously 2006-196 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 Municipal Act." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 1. 8:30 p.m. —2006 Budget Consideration 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. StaffPresentation Staff Report F2006-07 regarding Budget 2006. The Treasurer was in attendance to respond to any questions raised by Council or the public. File: F05.06 4. Public Comments Allan Spicer verbally confirmed his written comments previously received supporting investment in waterfront improvements. Council Minutes - 82 - April 6, 2006 Ian Almond noted that 125,000 people attend the Provincial Park annually and the construction and activation of the wind turbines have and will increase public attendance locally. He encouraged Council to undertake the construction of new washroom facilities on the East Beach this year. 5. Council Comments and Questions Q. M Taylor questioned whether the Trillium funding can be used to support local events. A. Administrator K Kruger advised that the$25,000 is earmarked for advertising and marketing purposes only. M Taylor, requested the budget be deferred and rescheduled to give consideration of funding support to promote local festivals such as Tub Daze, WatermelonFest and the BluesFest. P Ens questioned whether the funds from the area of general assistance had been considered. M Taylor responded this avenue of support for the festivals was dropped when it was suggested the funds might come from the OTF grant. The Administrator advised that adjustments can be made and that the allocation for community grants in the amount of$7,500 has not yet been determined. He added that this is still an option even if the budget is adopted as is. M Taylor repeated his request to hold another budget meeting. Mayor Acre indicated support for his request. 6. Adjournment 2006-197 Moved by P Ens Seconded by C Evanitski "THAT the Public Meeting be adjourned at 8:39 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2006-198 Moved by M Taylor Seconded by M Schafer "THAT the Staff Report and the Budget be deferred to another budget meeting to be held Wednesday,April 12th at 7:00 p.m." Disposition: Motion Carried Unanimously Council Minutes - 83 April 6, 2006 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS (a) Ministry of the Environment correspondence dated March 20 regarding the Bayham Water Distribution System Inspection conducted on February 20, 2006 File: E05 2006-199 Moved by P Ens Seconded by C Evanitski "THAT the Ministry of the Environment correspondence dated March 20th regarding the Bayham Water Distribution System Inspection conducted on February 20,2006 be received for information." Disposition: Motion Carried Unanimously (b) Draft By-law 2006-025 authorizing the renewal of the agreement with Norfolk Disposal Services for waste and recycling services for a two-year period. File: C01 2006-200 Moved by M Taylor Seconded by P Ens "THAT By-law 2006-025, being a by-law to authorize a two year renewal of the service agreement with Norfolk Disposal Services Ltd. for collection and disposal of recyclables and waste,be presented to Council for enactment." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2006-201 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 6,2006." Disposition: Motion Carried Unanimously Council Minutes - 84 - April 6, 2006 11. COMMITTEE OF THE WHOLE 2006-202 Moved by C Evanitski Seconded by M Taylor "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; and • a proposed or pending acquisition or disposition of land by the municipality or local board." Disposition: Motion Carried Unanimously 2006-203 Moved by M Shafer Seconded by C Evanitski "THAT the Committee of the Whole do now rise from the "In Camera" session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Confidential Memorandum dated April 3, 2006 regarding a property matter. (b) Verbal Staff update report regarding a confidential personal matter. (c) Verbal Staff report regarding a confidential personal matter. (d) Verbal Staff Report regarding a confidential property matter. 12. BY-LAWS By-law 2006-025 A By-law to Renew the Contract with Norfolk Disposal Services Ltd. for Waste Collection, Disposal and Recycling for a further two year period By-law 2006-026 A By-law to Adopt Assessments and the Current Estimates For Year 2006 (deferred) By-law 2006-029 A By-law to Confirm Council Actions Council Minutes - 85 - April 6, 2006 2006-204 Moved by P Ens Seconded by M Schafer "THAT By-law 2006-025 be read a first, second and third time and finally passed." 2006-205 Moved by M Taylor Seconded by M Schafer "THAT confirming By-law 2006-029 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2006-206 Moved by P Ens Seconded by C Evanitski "THAT the meeting be adjourned at 10:50 p.m." Disposition: Motion Carried Unanimously MAYOR 4, CLERK „rn :13., Date Approved: /d