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HomeMy WebLinkAboutOctober 04, 2007 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday October 4, 2007 7:00 p.m. 7:30 & 7:45 p.m.-Public Meetings—PIanning (Zoning) The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on Thursday, October 4, 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, Chief Building Official Bill Knifton, and Water/Wastewater Superintendent Ed Roloson 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 20, 2007. Minutes of the Special meeting of Council held September 26,2007 regarding the Official Plan Review. 2007-516 Moved by E Ketchabaw Seconded by W Casier "THAT the open and closed session minutes of the regular meeting of Council held September 20,2007 be approved as circulated." Disposition: Motion Carried Unanimously 2007-517 Moved by W Casier Seconded by E Ketchabaw "THAT the minutes of the special meeting of Council held September 26,2007 be approved as circulated." Disposition: Motion Carried Unanimously Council Minutes - 250 - October 4, 2007 ADDED ITEMS 2007-518 Moved by E Ketchabaw Seconded by M Taylor "THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Memorandum dated October 3rd regarding Richmond Water Services —MOE Orders and By-law 2007-089 be added to the agenda as item(s) 10.1(c),and 12 respectively." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—Phillip Grimes,Port Burwell resident, was in attendance regarding Canine Control. He raised concerns with the lack of action taken in regard to his cat that was attacked and killed by a dog. He suggested that the dog, although on a leash,was not in the control of the owner, and that the attack could easily have been on a child. He commented that his cat was not trespassing and suggested that the dogs should be muzzled when off the owner's property and the owner required to walk his dogs separately,on a shorter leash. Mayor Acre advised that the matter would be discussed with the By-law Enforcement Officer and someone from the Municipality would get back to him. Item 8.1 (b) 5. INFORMATION ITEMS 2007-519 Moved by W Casier Seconded by M Taylor "THAT information items 5(a) through 5(g) be received for information." Disposition: Motion Carried Unanimously (a) Museums Bayham draft minutes of meeting held September 12, 2007. File: C06 (b) Correspondence from Township of Southwold dated September 27, 2007 regarding "Resolution in Support—Nomination of Representative to Lake Erie Source Protection Region". File: A16/E00 Council Minutes -251 - October 4, 2007 (c) Correspondence dated September 20 &25 from the Association of Municipalities of Ontario regarding"Key Campaign Promises 2007", "Municipal Energy Services Information Request" and"Cashing in on Energy Savings". File: A01 (d) Correspondence dated September 7, 2007 from Fisheries and Oceans Canada regarding "Proposed Recovery Strategy for Eastern Sand Darter in Canada". File: A16 (e) News Release dated September 16, 2007 regarding"2007 Communities in Bloom— Ontario Awards Conference". File: M06 (f) Correspondence dated September 25, 2007 from The Corporation of the Municipality of Central Elgin regarding"the nomination of representative to Lake Erie Source Protection Region". File: BOO (g) Bayham Community Centres Committee minutes of meeting held September 27, 2007. File: C06 6 PLANNING,DEVELOPMENT,RECREATION & TOURISM I. CORRESPONDENCE&REPORTS (a) Staff Report D2007-043 regarding Paul DeCloet severance application E68/07. File: D10.07 The Planning Co-ordinator advised that since receiving the application, the applicant submitted a request to Land Division Committee for a minor lot line adjustment in order to bypass a tree. She advised that Council would be considering the original application. Councillor Casier questioned and was advised that there is different zoning for properties under and over 100 acres, and the zoning of the new parcel must match that of the property to which it is being added. Therefore, rezoning would be a recommended condition of the severance. Councillor Ketchabaw questioned whether there is a cost to re-circulate the application, for which the response was that the applicant must pay a fee to the Land Division Committee. Councillor Taylor questioned how much, to which the answer was $100. It was noted that the Land Division Committee would determine whether the application needs to be re-circulated for this adjustment. Council Minutes - 252 - October 4, 2007 2007-520 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report D2007-043 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E68/07, submitted by Paul DeCloet, be approved subject to: 1. rezoning of the proposed severed parcel; 2. copy of the final survey be provided to the municipality; 3. Letter of Undertaking confirming the conveyance of the severed parcel to the adjacent property owned by Bradley Riddell identified as assessment Roll#34-01-000-003-13725." Disposition: Motion Carried Unanimously (b) Staff Report D2007-044 regarding Pauline Brooks severance application E71/07. File: D10.07 2007-521 Moved by E Ketchabaw Seconded by W Casier "THAT Staff Report D2007-044 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E71/07, submitted by Pauline Brooks,be approved subject to: 1. copy of the final survey be provided to the municipality; 2. apportionment of assessment, under the special provisions of the Drainage Act R.S.O. 1990, c.D.17, S. 65, as applicable; 3. Letter of Undertaking confirming the conveyance of the severed parcel to the adjacent property owned by Neil& Christine Macaulay identified as assessment Roll#34-01-007-11501." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2007-522 Moved by W Casier 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 Council Minutes • 253 - October 4, 2007 1.(a) 7:30 p.m. -Application to change zoning on a 4472 m2(1.1 acre)parcel of land from Agriculture(A1) to the site-specific Rural Residential (RR-14) zone, and the 29.9 hectare(73.9 acres) parcel to the Special Agricultural (A2)zone for property being Part Lot 23, South Gore,on the south side of Lamers Line,west of Coyle Road submitted by Paul &Cheryle McQuiggan. File: 1)14 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation: Staff Report 1)2007-041 was presented by the Planning Co- ordinator. She advised that no written comments or concerns had been received. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2007-523 Moved by E Ketchabaw Seconded by W Casier "THAT the Public Meeting be adjourned at 7:40 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2007-524 Moved by W Casier Seconded by M Taylor "THAT Staff Report D2007-041 be received; AND THAT the zoning on a parcel of land owned by Paul & Cheryle McQuiggan described as Part Lot 23 Concession South Gore be changed from Agriculture(Al) Zone to site-specific Rural Residential (RR-14) on the proposed severed surplus farm dwelling parcel and from Agricultural (Al) to Special Agriculture (A2) Zone on the retained parcel in the Bayham Zoning By-law No. Z456-2003, as amended; AND THAT Zoning By-law Z550-2007 be presented for enactment." Disposition: Motion Carried Unanimously Council Minutes -254 - October 4, 2007 2. PUBLIC MEETING 2007-525 Moved by W Casier 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.(b) 7:45 p.m. — change the zoning on a 2.1 hectare (5.2 acre) parcel of land from the Rural Residential (RR) Zone to the Rural Residential - Temporary 4 (RR-T4) Zone, for property located in north Part Lot 22, Concession 9, on the south side of Carson Line, west of Plank Road submitted by Ruth Yallop. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation: Staff Report D2007-042 was presented by the Planning Co- ordinator. She advised that the applicants are seeking an alternate location. She added that the applicants would like to extend the seasonal period from six to eight months per year. She noted that there have been no complaints from the public over the past three years and no written concerns have been received regarding the application. 4. Public Comments None 5. Council Comments and Questions Councillor Taylor commented that it was great that they are requesting renewal and especially for the extended season annually. Deputy Mayor Evanitski noted that the business is nice and tidy and has not created a negative impact on the area. 6. Adjournment 2007-526 Moved.by E Ketchabaw Seconded by W Casier "THAT the Public Meeting be adjourned at 7:51 p.m." Disposition: Motion Carried Unanimously Council Minutes - 255 - October 4, 2007 7. Disposition of Item 2007-527 Moved by M Taylor Seconded by W Casier "THAT Staff Report D2007-042 be received; AND THAT the zoning of those lands located at 57749 Carson Line in Concession 9 North Part Lot 22 owned by Ruth Yallop be changed from Rural Residential(RR) to Rural Residential—Temporary 4 (RR/T4) Zone; AND THAT Zoning By-law No. Z551-2007 be presented for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE I. CORRESPONDENCE&REPORTS (a) Staff Report DR2007-015 regarding Mueller Municipal Drain ReApportionment pursuant to Section#65 of the Drainage Act regarding Russell and Florence Mannell 1990 Severance. File: E09 2007-528 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report DR2007-015 regarding apportionment of assessments contained within the Mueller Municipal Drain be received; AND THAT the Drainage Superintendent's reassessment as set out in "Agreement between Property Owners for Drainage Apportionment due to Land Severance or Sale" as executed by Russell ManneIl, Florence Mannell, Patrick Benoit and Patricia Benoit is hereby filed and accepted by Council; AND THAT By-law#2007-087, being a By-law to amend the drainage assessment for those lands identified as Assessment Roll#34-01-000-005- 12200 in the watershed of the Mueller Municipal Drain referred to in Engineer's Report forming part of Bayham Township By-law#1615, be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Petition dated September 13, 2007 from residents of Ottergate Line requesting pavement. File: M04 Council Minutes - 256 - October 4, 2007 2007-529 Moved by M Taylor Seconded by E Ketchabaw "THAT Petition dated September 13, 2007 from residents of Ottergate Line be received; AND THAT the request for pavement upgrades on Ottergate Line be considered during the 2008 budget discussions." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit report for the month ending September 30, 2007. File: P10 2007-530 Moved by W Casier Seconded by M Taylor "THAT Building Permit report for the month ending September 30,2007 be received for information." Disposition: Motion Carried Unanimously (b) Email correspondence from Michele Charron and Philip Grimes regarding Canine Control By-law. It was agreed that Council discuss this matter at the next meeting with the By-law Enforcement officer. File: C13 2007-531 Moved by W Casier Seconded by M Taylor "THAT the correspondence from Michele Charron and Philip Grimes regarding Canine Control be received for information." Disposition: Motion Carried Unanimously Council Minutes - 257 - October 4, 2007 9. FINANCE,ADMINISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#3275 to Cheque#3347, inclusive, totaling $467,978.81 and Payroll Disbursements for the period ending September 23rd, totaling$48,102.35. 2007-532 Moved by M Taylor Seconded by W Casier "THAT the Cheque Register being Cheque# 3275 to Cheque#3347, inclusive,totaling$467,978.81 and Payroll Disbursements for the period ending September 23rd, totaling$48,102.35 be approved." Disposition: Motion Carried Unanimously (b) Staff Report PR2007-08 regarding the East Pier Budget. File: C10 2007-533 Moved by M Taylor Seconded by E Ketchabaw "THAT Staff Report PR2007-08 regarding the East Pier Budget be received; AND THAT staff be authorized to retain engineering services to evaluate the east pier and to make recommendations for maintenance/repairs." Disposition: Motion Carried Unanimously (c) Correspondence dated September 18, 2007 from the Town of Smiths Falls requesting support of resolution regarding"assessment system reforms". File: C10 (d) Staff memorandum dated October 1, 2007 regarding Medical Building— Designated Substance Report. NOTE: This item is an Amendment to Budget. File: F05 2007-534 Moved by W Casier Seconded by C Evanitski "THAT Staff memorandum dated October 1,2007 regarding Medical Building— Designated Substance Report be received; Council Minutes - 258 - October 4, 2007 AND THAT Council accepts the quote from Advanced Environmental Corp. in the amount of$2,350 plus gst; AND THAT the report be fmanced from the medical facility capital building maintenance budget." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report E2007-004 regarding"Lead testing in municipal drinking water systems. File: E01 2007-535 Moved by E Ketchabaw Seconded by M Taylor "THAT Staff Report E2007-004 be received for information." Disposition: Motion Carried Unanimously (b) Correspondence from East Elgin Secondary School dated September 26, 2007 regarding "Tire Clean-up". File: E07 2007-536 Moved by C Evanitski Seconded by M Taylor "THAT the correspondence dated September 26, 2007 from East Elgin Secondary School be received for information." Disposition: Motion Carried Unanimously (c) Staff Memorandum dated October 3'd regarding the Richmond Water System—MOE Orders File: E08 2007-537 Moved by E Ketchabaw Seconded by M Taylor "THAT Staff Memorandum dated October 3rd regarding the Richmond Water System—MOE Orders be received; Council Minutes 259 • October 4, 2007 AND THAT By-law 2007-089, being a by-law to authorize the Deputy Mayor and Deputy Clerk to execute an agreement with Richmond Community Water Inc. for the temporary provision of water operations on a full cost recovery basis, be presented to Council for enactment." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2007-538 Moved by W Casier Seconded by E Ketchabaw "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 9:00 p.m. to discuss litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." Disposition: Motion Carried Unanimously 2007-539 Moved by W Casier Seconded by C Evanitski "THAT the Committee of the Whole do now rise from the "In Camera" session at 9:25 p.m." Disposition: Motion Carried Unanimously Y. CORRESPONDENCE&REPORTS (a) Staff Report regarding a confidential legal matter. 2007-540 Moved by E Ketchabaw Seconded by M Taylor "THAT the Chief Building Official be directed to proceed with litigation for constructing without a building permit." Disposition: Motion Carried Unanimously (b) Correspondence dated September 25, 2007 regarding a confidential legal matter. File: LO (c) Correspondence dated September 25, 2007 regarding a confidential legal matter. File: LO 12. BY-LAWS Council Minutes -260 - October 4, 2007 By-law Z550-2007 A By-law to further amend Zoning B/L Z456-2003 (McQuiggan) By-law Z551-2007 A By-law to further amend Zoning B/L Z456-2003 (Yallop) By-law 2007-087 A By-law to further amend Twp of Bayham B/L 1615 (Mueller Drain) By-law 2007-089 A By-law to authorize the execution of a temporary agreement for the provision of water operations (Richmond Community Water Inc.) By-law 2007-088 A By-law to confirm all actions of Council 2007-541 Moved by M Taylor Seconded by W Casier "THAT By-laws Z550-2007, Z551-2007, 2007-087 and 2007-089 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2007-542 Moved by E Ketchabaw Seconded by M Taylor "THAT confirming By-law 2007-088 be read a first, second and third time and fmally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2007-543 Moved by M Taylor Seconded by E Ketchabaw "THAT the Council meeting be adjourned at 9:26 p.m." Disposition: Motion Carried Unanimously \ 4a:LJ Ain . _A rA _f -VIN e le CLERK Date Approved: