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HomeMy WebLinkAboutJune 21, 2007 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 PIank Road, Straffordville Thursday June 21, 2007 7:00 p.m. 7:30 p.m. Public Meeting—PIanning (Zoning) The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on Thursday, June 21, 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. By-law Enforcement Officer/Fire Chief Paul Groeneveld and Planning Co-ordinator Margaret Underhill 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 June 7, 2007. It was noted that the closed session minutes should reflect that Mark Taylor was present 2007-358 Moved by C Evanitski Seconded by W Casier "THAT the open and closed session minutes of the regular meeting of Council held June 7, 2007 be approved as corrected." Disposition: Motion Carried Unanimously 4. DELEGATIONS 7:05 p.m.—Harris Teal!, representing the Vienna Skateboard Park Committee, was in attendance to request access to the water hydrant for the flowers at the Vienna Park. He noted that he did not currently have a key to the locks. Mayor Acre provided a suggested solution, to which Mr. Teall was agreeable. Council Minutes - 176 - June 21, 2007 Representatives from the Vienna Lions Club were also present. William Gheysen reported that the Lions had provided plants and assisted with care for a number of years. He responded that the shared solution suggested by the Mayor would be agreeable with the Lions. 2007-359 Moved by M Taylor Seconded by W Casier "THAT the responsibility for care of flowers at the Vienna Memorial Park be as follows: 1. Vienna Lions Club—in front of the cenotaph, in the cement planters and the lily pond; 2. Skateboard Committee--rose bush arbour/trellis and nearby flower beds; THAT Municipal locks be placed on both water services and access be provided to a representative from each group and regulated through municipal staff; AND THAT no new flower beds be created in 2007." Disposition: Motion Carried Unanimously 5. INFORMATION ITEMS 2007-360 Moved by M Taylor Seconded by W Casier "THAT information items 5(a)through 5(i) be received for information." Disposition: Motion Carried Unanimously (a) Museums Bayham minutes of meeting held May 9, 2007 File: C06 (b) Correspondence dated April 27, 2007 from MPAC regarding significant changes to property assessment in Ontario. File: A 16 (c) Correspondence dated June 5, 6,7, 8, and 13,2007 from the Association of Municipalities of Ontario regarding"Transitioning Municipalities to the Electricity Market", "Rural Connections—The Ontario Municipal Rural Broadband Partnership Program Is Now Accepting Applications", "Province Announces New Requirements for Lead Control in Drinking Water","COMRIF Asset Management Program—Update". and"Province Announces $20M Municipal Eco-Challenge Fund." File: A01 Council Minutes - 177 - June 21, 2007 (d) News Release dated June 1, 2007 from Ministry of the Environment regarding "Province's Water Further Protected" and"New Legislation Provides Stronger Protection For Great Lakes And Ontario's Water Resources". File: M06 (e) The Tattler Special Edition newsletter from the Thames Talbot Land Trust. File: M07 (f) Correspondence dated May 30, 2007 from Play Works, The Ontario Partnership for Active Youth regarding the"Do It Yourself Project". File: A01 (g) Correspondence dated June 5, 2007 from AG Care, Agricultural Groups Concerned about Resources and the Environment, Inc. regarding"Caring for the Land—Our Farm Environment Commitment". File: A01 (h) Correspondence from the Ministry of Natural Resources regarding updated publications "A Guide to Stewardship Planning for Natural Areas" and"Managed Forest Tax Incentive Program"brochure(guide available). File: Fl l (i) Correspondence dated June 8, 2007 from Office of the Landlord and Tenant Board regarding automatically reduced rents when property taxes are decreased. File: Al6 6.1 PLANNING,DEVELOPMENT,RECREATION & TOURISM 1. PUBLIC MEETING 2007-361 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(a) 7:30 pm Application: To change the zoning on a 753 m2 (8100 fl)parcel of land situated on the west side of Plank Road, north of Jackson Line, in the Municipality of Bayham from the Institutional (I) Zone to the site-specific Rural Residential (RR-13)Zone submitted on behalf of the Straffordville Gospel Hall. 2. Declaration of Pecuniary Interest and the General Nature Thereof None Council Minutes - 178 - June 21, 2007 3. Staff Presentation Staff Report D2007-026 was presented by the Planning Co-ordinator Margaret Underhill. She explained that the property is large enough to provide sufficient space for the provision of water and septic services for a residential lot,however an Institutional designated property requires a much larger area to accommodate a septic field bed. She suggested that the proposed Rural Residential zoning will be more compatible with surrounding land uses and will permit more suitable uses for the property. She advised that no written concerns or objections had been received. File: D14 4. Public Comments None 5. Council Comments and Questions Deputy Mayor Evanitski questioned the Planning Coordinator as to whether the applicants had looked into a lot line adjustment,to which she responded yes, however, the neighbouring property owner was not willing. Councillor Ketchabaw asked whether the building would need to be demolished to meet setback requirements. The Planning Co-ordinator responded that the building has existed for 135 years and is considered legal non-complying. It is capable of being upgraded. If the building is demolished, the new building would have to be built on the same footprint. Councillor Casier asked if this would be setting a precedent for further applications. She responded that the zoning is site specific and a residential designation would be more suitable and compatible to the surrounding uses. Councillor Taylor questioned whether the intent is to renovate the existing building, to which she responded in the affirmative. 6. Adjournment 2007-362 Moved by W Casier Seconded by E Ketchabaw "THAT the Public Meeting be adjourned at 7:40 p.m." Disposition: Motion Carried Unanimously Council Minutes - 179 - June 21, 2007 7. Disposition of Item 2007-363 Moved by E Ketchabaw Seconded by W Casier "THAT Staff Report D2007-026 be received; AND THAT the zoning on a property owned by Straffordville Gospel Hall described as Part Lot 123 Concession 6 STR, be changed from Institutional(I) to Rural Residential (RR) as submitted in the rezoning application; AND THAT Zoning By-law No. Z542-2007 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE I. CORRESPONDENCE&REPORTS (a) Staff Report D2007-008 regarding the Ramsey Municipal Drain—Reapportionment- Section 65. It was noted that the By-law should be corrected to reflect Concession 9 not 6. File: E09 2007-364 Moved by E Ketchabaw Seconded by C Evanitski "THAT Staff Report DR2007-008 regarding the Ramsey Municipal Drain be received; AND THAT the Drainage Superintendent's reassessments as set out in "Agreements between Property Owners for Drainage Apportionment due to Land Severance or Sale" as executed by the current property owners are hereby filed and accepted by Council; AND THAT By-law#2007-068, as amended, being a By-law to amend the drainage assessment for those lands identified as Assessment Roll#34-01-000-006-13300, Roll #34-01-000-006-13302,Roll#34-01-000-006-13900 and Roll#34-01-000-006-13905 all lying within the watershed of the Ramsey Municipal Drain referred to in Engineer's Report adopted by Bayham Township By-law#2073, be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Staff Report DR2007-010 regarding Richmond Road Drain. File: E09 Council Minutes - 180 - June 21, 2007 2007-365 Moved by W Casier Seconded by C Evanitski "THAT Staff Report DR2007-010 regarding Richmond Road Drain be received; AND THAT the tender agreement between Van Gorp Drainage Ltd. and the Municipality of Bayham,for construction of the Richmond Road Municipal Drain, as attached to By-Law#2207-024 be amended to provide for a completion date of August 1, 2007, with all other terms and conditions to remain the same." Disposition: Motion Carried Unanimously S. PROPERTY, BUILDING& PROTECTIVE SERVICES Y. CORRESPONDENCE&REPORTS (a) Building Permit report for the month ending May 31, 2007. File: P10 2007-366 Moved by C Evanitski Seconded by M Taylor "THAT Building Permit report for the month ending May 31,2007 be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated June 5, 2007 from Port Burwell/Otter Valley Optimists and the Port Burwell Rec. Society regarding Port Burwell Tub Daze. File: R06 2007-367 Moved by M Taylor Seconded by C Evanitski "THAT the correspondence dated June 5,2007 from Port Burwell/Otter Valley Optimists and Port Burwell Recreation Society regarding Tub Daze be received: AND THAT the Council of the Municipality of Bayham hereby designates Port Burwell Tub Daze, being held August 3,4 and 5, 2007, as a Community Festival; Disposition: Motion Carried Unanimously Council Minutes - 181 - June 21, 2007 (c) Correspondence dated May 16, 2007 from Country Camping regarding sound readings and regarding a tile issue. File: P01 2007-368 Moved by W Casier Seconded by E Ketchabaw "THAT the correspondence from Country Camping regarding sound readings and a tile issue be received; AND THAT the the drainage matter be referred to the Drainage Superintendent and report back to Council with results." Disposition: Motion Carried Unanimously (d) Staff Report P2007-017 regarding Fire Department Training budget—Flashover. Note: This item is an amendment to budget File: P 16/F05 2007-369 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report P2007-017 regarding Fire Department Training budget- Flashover be received; AND THAT Council approves additional Fire Department training allocation for 2007, for Firefighter Flashover Training, by utilizing$7500.00 from the Fire Department Training Reserve." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION& PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#2691 to Cheque#2787, inclusive, totaling $545,794.97 and Payroll Disbursements for the period ending June 3`d totaling $52,816.01. 2007-370 Moved by C Evanitski Seconded by W Casier "THAT Cheque Register being Cheque# 2691 to Cheque#2787,inclusive, totaling$545,794.97 and Payroll Disbursements for the period ending June 3rd totaling$52,816.01 be approved." Disposition: Motion Carried Unanimously Council Minutes - 182 - June 21, 2007 (b) Staff ReportC2007-007 regarding Rural Economic Development Program—Ferry Border Crossing Feasibility& Impact Study. File: F l i 2007-371 Moved by M Taylor Seconded by E Ketchabaw "THAT Staff Report C2007-007 regarding Rural Economic Development Program- Ferry Border Crossing Feasibility and Impact Study be received; AND THAT the Pre-proposal under the RED Program for a Ferry Border Crossing Feasibility and Impact Study as attached to Report C2007-007 be submitted to the Province; AND THAT Staff be authorized to contact other potentially affected municipalities to seek their fmancial participation." Disposition: Motion Carried Unanimously (c) Staff Memo regarding Trillium Foundation application. File:F1 1 2007-372 Moved by M Taylor Seconded by E Ketchabaw "THAT Staff Memorandum regarding Trillium Foundation Application be received; AND THAT Staff be directed to proceed with the application to the Ontario Trillium Foundation to cover 100% of wage costs for the further retention of a Curator position." Disposition: Motion Carried 10. ENVIRONMENT (a) Correspondence from the Ministry of the Environment dated May 18, 2007 regarding "Schedule 'C' Approval for Organic Conditioning Site Number S-0513-42 issued to Salcin Haulage"_ File: A16 Council Minutes - 183 - June 21, 2007 2007-373 Moved by E Ketchabaw Seconded by W Casier "THAT the correspondence dated May 18,2007 from the Ministry of the Environment regarding `Schedule 'C' Approval for Organic Conditioning Site Number S-0513-42 issued to Salcin Haulage' be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated June 8, 2007 from Elgin Area Primary Water Supply System with copy of audited 2006 year end financial reports. A copy is to be attached to the Municipal statements. File: E08 2007-374 Moved by C Evanitski Seconded by M Taylor "THAT the correspondence from Elgin Area Primary Water Supply System and audited 2006 year end financial reports be received for information." Disposition: Motion Carried Unanimously (c) Staff Report L2007-001 regarding Request for Municipal Infrastructure Agreement- County of Elgin and Local Water and Sewer Services. File: L04 2007-375 Moved by W Casier Seconded by C Evanitski "THAT Staff Report L2007-001 regarding Request for Municipal Infrastructure Agreement—County of Elgin and local Water and Sewer Services be received; AND THAT the comments regarding the draft Municipal Infrastructure Agreement as contained in Report L2007-001 be forwarded to the County of Elgin, and further that representatives from area municipalities and the County meet to discuss the agreement in further detail." Disposition: Motion Carried Unanimously Council Minutes - 184 - June 21, 2007 11. COMMITTEE OF THE WHOLE 2007-376 Moved by M Taylor Seconded by C Evanitski "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:30 p.m. to discuss: ❑ personal matters about an identifiable individual, including municipal or local board employees; ❑ proposed or pending acquisition or disposition of land by the municipality or local board; Disposition: Motion Carried Unanimously 2007-377 Moved by C Evanitski Seconded by E Ketchabaw "THAT the Committee of the Whole do now rise from the"In Camera" session at 8:50 p.m." Disposition: Motion Carried Unanimously Y. CORRESPONDENCE&REPORTS (a) Verbal Report regarding a confidential personal matter. (b) Request from Councilor Taylor for discussion of a confidential property matter. 12. BY-LAWS By-law Z542-2007 A By-law to further amend zoning B/L 456-2003 (Straffordville Gospel Hall) By-law 2007-068 A By-law to amend B/L #2073 providing for the Ramsey Municipal Drain By-law 2007-070 A By-law to confirm all actions of Council Council Minutes - 185 - June 21, 2007 2007-378 Moved by E Ketchabaw Seconded by C Evanitski "THAT By-laws 1542-2007 and 2007-068,as amended,be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2007-379 Moved by E Ketchabaw Seconded by W Casier "THAT confirming By-law 2007-070 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2007-380 Moved by C Evanitski Seconded by M Taylor "THAT the meeting be adjourned at 8:51 p.m." Disposition: Motion Carried Unanimously 4411"6 aejgIQ ERK Date Approved: 9. ,VZ,7