HomeMy WebLinkAboutSeptember 20, 2007 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday September 20,2007
7:00 p.m.
7:30 & 7:45 p.m. - Public Meetings—Planning(Zoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at
7:00 p.m. on Thursday, September 20, 2007 in Council Chambers. Present were Mayor
Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and
Ed Ketchabaw,Administrator Kyle Kruger and Clerk Lynda Millard.
Planning Co-ordinator Margaret Underhill and Public Works Superintendent Bob Bartlett 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 None
3. APPROVAL OF MINUTES
Minutes of the open and closed sessions of the regular meeting of Council held
September 6, 2007.
2007-486 Moved by W Casier
Seconded by M Taylor
"THAT the open and closed session minutes of the regular meeting of Council held
September 6, 2007 be approved as circulated."
Disposition: Motion Carried Unanimously
2007-487 Moved by W Casier
Seconded by M Taylor
"THAT in accordance with Section 21 of Procedural By-law 2002-93, the
correspondence and agreement from the Foundation for Rural Living,By-law 2007-
085 authorizing execution of the agreement and correspondence from Wanda
DeBrabander be added to the agenda as items 9.1(g), 12 and 9.1(h) respectively."
Disposition: Motion Carried Unanimously
Council Minutes - 235 - September 20, 2007
4. DELEGATIONS
(a) 7:05 p.m.—Anne Kennev,Elain St.Thomas United Way was in attendance regarding
the 2007 Campaign. She noted there are 21 member agencies across Elgin and
encouraged. Council's support. Council agreed to circulate donation by payroll deduction
information to employees. Item 9.1(c)
(b) 8:00 p.m.—Jan Collins,representative, Concerned Citizens of Vienna was in
attendance regarding Vienna Library building petition submitted. She noted that she
understood that the library building is to be torn down. She suggested that many
generations had been involved in activities at the former town hall over the years. She
wanted to know if there is any hope in making repairs and retaining as a heritage
building. She added that many wanted to see the library services remain in the building.
She requested whether any options or funding information is available.
Deputy Mayor Evanitski suggested that maintenance is costly and such buildings are not
revenue generators. He mentioned that in some cases, for a nominal $1, the property
would be turned over to the community who in turn would form a"friends of' and carry
out fundraising activities to pay for repairs.
Mayor Acre noted that the library does not meet County Library standards and suggested
the property could be turned over to a local group or to the Heritage Trust organization.
It was noted that an earlier application to the Ontario Trillium Foundation had been
turned down.At that time it was estimated that basic upgrades to meet legislated
requirements would cost between$120,000 to $150,000.
Councillor Taylor supported the desire to save the building,noting that no Council
decision has been made yet. He added that he would like Council to review the report
and estimates again.
Administrator Kyle Kruger added that should the building meet the County minimum
standards the lease rate would be raised to $12 per square foot from the current$7,
Harris Teal! spoke proposing a skating rink in the Vienna Memorial Park should the
weather become cold enough. He suggested the rink would not be large, would be
shallow,assembled with 2 x 4's and plastic and filled with the water from the creek or the
hydrant.
It was noted that such rinks had been flooded by the fire department in the past.
Item 8.1(a)
Council Minutes - 236 - September 20, 2007
5. INFORMATION ITEMS
2007-488 Moved by M Taylor
Seconded by W Cosier
"THAT information items 5(a) through 5(h) be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Historical Society minutes of meeting held June 14 and minutes of Executive
meeting held July 17, 2007.
File: C06
(b) Museums Bayham minutes of meeting held July 11, 2007.
File: C06
(c) Correspondence dated September 12, 2007 from the Association of Municipalities of
Ontario regarding"AMO Releases Advocacy Paper, `Poverty and the Property Tax
Burden in Ontario'.
File: A01
(d) Summer of 2007,Year End Reports from the Edison Museum of Vienna and the Port
Burwell Marine Museum and Lighthouse.
File: A01
(e) Correspondence from Rural Ontario Municipal Association regarding"Ontario Election
2007 Promoting a Rural Agenda".
File: A01
(f) Information from Ministry of the Environment regarding"Testing your well water".
File: A16
(g) Hydro One correspondence dated September 11, 2007 regarding"Great Refrigerator
Roundup Program"
File: E06
(h) St. Thomas-Elgin General Hospital Foundation"Heartbeat"newsletter dated September
2007.
File M07
6 PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Staff Report D2007-040 regarding Supplementary Farm Dwellings—Mobile Homes.
There was consensus that the matter be further discussed during the Official Plan review.
File: D14
Council Minutes - 237 - September 20, 2007
2007-489 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2007-040 regarding Supplementary Farm Dwellings—
Mobile Homes be deferred."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2007-490 Moved by M Taylor
Seconded by W Casier
"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) Application: to rezone a 19.3 hectare(47.6 acre) farm parcel located in Part Lot
14, Concession 4, on the east side of Bogus Road, north of Light Line to the
Agricultural Temporary(Al/T2) Zone, submitted by William Sr. &Linda
Rimnyak.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation: Staff Report D2007-038 was presented by the Planning Co-
ordinator. She advised that no written comments or concerns had been received.
4. Public Comments None
S. Council Comments and Questions None
6. Adjournment
2007-491 Moved by W Casier
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 7:39 p.m."
Disposition: Motion Carried Unanimously
Council Minutes - 238 - September 20, 2007
7. Disposition of Item
2007-492 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report D2007-038 be received;
AND THAT the zoning of those lands located at 6934 Bogus Road in Concession 4
Part Lot 14 owned by William Sr. & Linda Rimnyak be changed from Agricultural
(Al) to Agricultural Temporary(Al/T2) Zone to permit the use of a mobile home as
a supplementary farm dwelling for a period not exceeding three (3)years, ending
September 20,2010;
AND THAT Zoning By-law Z549-2007 be presented for enactment."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2007-493 Moved by M Taylor
Seconded by W Casier
"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
1.0) Application: to rezone a 18.3 hectare(45.13 acre) farm parcel located in Part Lot
25, South Gore, on the north side of Jackson Line, West side of Coyle Road to the
Agricultural Temporary(A1/T2), submitted by Wilhelm Dyck.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation: Staff Report D2007-039 was presented by the Plpanning Co-
ordinator. She advised that no written comments or concerns had been received.
4. Public Comments None
5. Council Comments and Questions None
Council Minutes - 239 - September 20, 2007
6. Adjournment
2007-494 Moved by W Casier
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 7:54 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2007-495 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Report D2007-039 be received;
AND THAT the zoning of those lands located at 7363 Coyle Road in Concession
South Gore Part Lot 25 be changed from Agriculture (Al)to Agricultural
Temporary (A1/T2) Zone to permit the use of a mobile home as a supplementary
farm dwelling for a period not exceeding three (3)years, ending September 20,
2010;
AND THAT Zoning By-law No. Z548-2007 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE &DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report PW2007-006 regarding Elgin County Road Maintenance Agreements—
Maintenance Best Practices.
File: L04
2007-496 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report PW 2007-006 be received;
AND THAT staff be authorized to seek legal opinion regarding the proposed
addition of Maintenance Best Practices to the County Road Maintenance
Agreement and report back to Council;
Council Minutes -240 - September 20, 2007
FURTHER THAT staff be authorized to inquire at the County of Elgin the reason
for the removal of the dispute process as is contained in Section 3.4 of the existing
agreement."
Disposition: Motion Carried Unanimously
(b) Staff Report PW2007-007 regarding Public Works Activities July—August. Staff were
requested to seek details regarding use of asphalt for further budgeted pier repairs.
File: T06
2007-497 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report PW2007-007 regarding Public Works activities for the months
of July and August 2007 be received;
AND THAT the bid, in the amount of $50,652, submitted by MSO for the hardtop
surface project, be accepted."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Correspondence from Concerned Citizens of Vienna regarding a petition to save the
Vienna Library and to request permission to build an ice skating rink at the Park.
File: M04/C13
2007-498 Moved by W Casier
Seconded by E Ketchabaw
"THAT the correspondence submitted by Jan Collins, on behalf of
Concerned Citizens of Vienna and the petition to save the Vienna Library be
received for information."
Disposition: Motion Carried Unanimously
2007-499 Moved by E Ketchabaw
Seconded by W Casier
"THAT the request submitted by Jan Collins, on behalf of the Vienna
community to build an ice skating rink at the Memorial Park behind the
cenotaph be received;
Council Minutes 241 - September 20, 2007
AND THAT Council supports the request."
Disposition: Motion Carried Unanimously
(b) Correspondence dated September 11, 2007 from The Lions Club of Straffordville
requesting permission to plant trees at the Straffordville Community Centre.
File: C13
2007-500 Moved by E Ketchabaw
Seconded by W Casier
"THAT the correspondence dated September 11, 2007 from The Lions Club of
Straffordville be received;
AND THAT Council grants permission for the Lions Club to plant trees at
the Straffordville Community Centre as requested;
AND THAT the Public Works Superintendent make arrangements for
harvesting the trees recommended."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#3184 to Cheque#3274, inclusive, except
Cheques#2881 and#3054 totaling $952,685.11 and Payroll Disbursements for
the period ending September 9th, 2007 totaling$51,758.81.
2007-501 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT the Cheque Register being Cheque#3184 to Cheque#3274,
inclusive, except Cheques #2881 and#3054 totaling$952,685.11, and Payroll
Disbursements for the period ending September 9t ,totaling$51,758.81 be
approved."
Disposition: Motion Carried Unanimously
(b) Correspondence dated September 7, 2007 from the St. Paul's Port Burwell—
Vienna United Church requesting exemption from Penny Sale Licensing.
File: C13
Council Minutes - 242 - September 20, 2007
2007-502 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT the correspondence dated September 11, 2007 from St. Paul's Port Burwell
—Vienna United Church requesting exemption from the Penny Sale (Bazaar)
Licensing be received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated July 25, 2007 from United Way of Elgin St. Thomas
requesting support of Council Members during the 2007 Campaign. (Campaign
materials to be placed with next employee pay stubs)
File: C13
2007-503 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the correspondence dated July 25, 2007 from United Way of Elgin
St. Thomas be received;
AND THAT Council supports the efforts of the United Way in the local 2007
Campaign."
Disposition: Motion Carried Unanimously
(d) Email correspondence dated September 13, 2007 from Sean Hurley requesting use
of the municipal sign for notice of an All Candidates meeting.
File: C13
2007-504 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the email correspondence dated September 13, 2007 from Sean Hurley
requesting use of the municipal sign be received;
AND THAT Council approves the use of the sign, for notice of an 'All Candidates'
meeting on Thursday, September 27th, at 7:00 pm., subject to municipal needs."
Disposition: Motion Carried Unanimously
(e) Staff Memorandum dated September 13, 2007 regarding Tree Replanting Funds
Balance. Staff were requested to seek quotes for six 5-foot trees.
File: E04
Council Minutes - 243 - September 20, 2007
2007-505 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Memorandum dated September 13,2007 regarding Tree Replanting
Funds Balance be received for information."
Disposition: Motion Carried Unanimously
(f) Staff Memorandum C2007-014 regarding the Edison Museum New Facility
Feasibility Study was distributed.
File: R03
2007-506 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Council requests the Vilnis Consulting team to include the potential
inclusion of space of approximately 1,000 square feet, to accommodate Public
Library Services in the Edison Museum Feasibility Study."
Disposition: Motion Carried Unanimously
2007-507 Moved by M Taylor
Seconded by W Casier
"THAT Council authorizes staff to prepare and submit an application to the
Ontario Trillium foundation for funding assistance for necessary Vienna Library
upgrades."
Disposition: Motion Carried Unanimously
(g) Foundation for Living correspondence dated September 11, 2007 regarding Rural
Philanthropy Resource Network and Rural Development Officer program
agreement.
File: L04
2007-508 Moved by W Casier
Seconded by M Taylor
"THAT the Foundation for Rural Living correspondence dated September 11,2007
be received;
AND THAT By-law 2007-085, being a by-law to authorize the Mayor and Clerk to
execute a collaborative agreement with the Foundation for the development and
Council Minutes - 244 - September 20, 2007
delivery of the Rural Philanthropy Resource Network, Rural Development Officer
program,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(h) Correspondence dated September 10,2007 from Wanda DeBrabander opposing a
political party television ad.
File: M04
Mayor Acre spoke to the concern raised noting that municipal council members
do not take an oath to be neutral in regard to federal or provincial political party
matters. She added that she had done nothing wrong in taking the opportunity to
promote Bayham through the wind turbine project, at no cost to the municipality,
and accepted full responsibility.
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Email correspondence dated September 17, 2007 regarding Source Protection Committee
municipal nominees.
File: E00
2007-509 Moved by E Ketchabaw
Seconded by M Taylor
"THAT email correspondence dated September 17,2007 regarding Source
Protection Committee Appointment process—Lake Erie Region be received
for information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2007-510 Moved by M Taylor
Seconded by E Ketchabaw
"THAT the Council do now rise to enter into an"In Camera" Session of Committee of
the Whole at 9:16 p.m. to discuss personal matters about an identifiable individual,
including municipal or local board employees."
Disposition: Motion Carried Unanimously
Council Minutes - 245 - September 20, 2007
2007-511 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the Committee of the Whole do now rise from the "hi Camera"
session at 9:30 p.m."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Staff Report regarding a confidential personal matter.
(b) Staff report regarding a confidential personal matter.
12. BY-LAWS
By-law Z548-2007 A By-law to further amend Zoning BIL Z456-2003 (Dyck)
By-law Z549-2007 A By-law to further amend Zoning B/L Z456-2003 (Rimnyak)
By-law 2007-085 A By-law to authorize Execution of Agreement with the
Foundation for Rural Living (RDO program)
By-law 2007-084 A By-law to confirm all actions of Council
2007-512 Moved by E Ketchabaw
Seconded by M Taylor
"THAT By-Iaws Z548-2007,Z549-2007 and 2007-085 be read a first, second
and third time and finally passed."
Disposition: Motion Carried Unanimously
2007-513 Moved by C Evanitski
Seconded by M Taylor
"THAT confirming By-law 2007-084 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
Council Minutes -246 - September 20, 2007
13. ADJOURNMENT
2007-514 Moved by M Taylor
Seconded by C Evanitski
"THAT the Council meeting be adjourned at 9:34 p.m."
Disposition: Motion Carried Unanimously
MA CLERK
Date Approved: 1 7