HomeMy WebLinkAboutApril 21, 2011 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday,April 21,2011
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,April
21,2011 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor,
Councillors Tom Southwick,Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and
Clerk Lynda Millard.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
None
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held April 7,2011.
2011-170
Moved by Councilor E Ketchabaw
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held April 7,2011 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
2011-171
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT in accordance with Section 21 of Procedural By-law 2002-93,Mike
Timmermans as a delegation, request by Rose Gardner to use the Bayham Library
basement; verbal update regarding a meeting of County Councillors with
representatives of the Thames Valley District School Board; Closed session minutes
of the meeting held April 7,2011 and Verbal Report regarding advice that is subject
to solicitor-client privilege,including communications necessary for that purpose
(Ojibwa Lease Negotiations) be added to the agenda as items 4(e),9(g),9(h) and 11
respectively."
CARRIED UNANIMOUSLY
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Council Minutes April 21,2011
4. DELEGATIONS
(a) 7:15 p.m. -John Peters regarding"Value added agriculture uses to a farming operation
and the zoning by-law".
Mr. John Peters made a presentation regarding his farming operation consisting of growing corn,
wheat,and other grains to be milled on-farm,to make flour,corn tortillas and chips,and wheat
tortillas. He suggested the carrying on of these activities is permitted under the current zoning
by-law without the need for site specific rezoning as requested by municipal staff. He requested
Council's support for the continuation of the activities without going through the rezoning
process.
The Administrator noted that the rezoning process allows the opportunity for the municipality to
review and address concerns that may arise, such as impact on roads,noise and odours and for
public input from nearby property owners. Costs for an application to rezone would include a fee
of$1,000 plus a deposit of$1,000.
7:25 p.m. -Marc Cema regarding"Outback Camping Application for exemption from
(b) Noise By-Law".
Marc Cema was against the application for an exemption from the noise by-lawto be granted
until 6:00 a.m.He raised concerns with the booming sounds that kept people and animals awake,
inappropriate language,heavy traffic, speeding and careless driving as well as alcohol bottles
being thrown and broken in the ditches. He suggested 11:00 p.m.until midnight would be
reasonable.
(c) 7:30 p.m. -Robert Cema regarding "Outback Camping Application for exemption from
Noise By-Law".
Robert Cema agreed with the previous delegation noting that both people and animals were
affected by the loud noise kilometers away. He requested Council to take into consideration the
petition submitted by a number of nearby residents against any exemption beyond the prohibited
11:00 p.m.period as requested by Mr. M. Timmermans of Outback Camping.
(d) 7:35 p.m. -Christine Churchill regarding "Outback Camping Application for
exemption from Noise By-Law".
Christine Churchill spoke in opposition to any exemption from the noise by-law based on failure
of the owner to control the music and noise at the campgrounds in the summer of 2010. She
commented that the request for extended hours of exposure of the neighbours to loud music and
noise for 16 to 19 of 24 hours is unrealistic. She added that the owner should provide a sound
proof building for camper use during prohibited hours. Ms. Churchill suggested that the site be
monitored during all long week-ends and that the OPP conduct a RIDE program nearby. She
advised that a petition containing fifty-three signatures of persons against any exemption had
been submitted and commented that the applicant is not worthy of Council's consideration for an
exemption.
(e) 7:45 p.m. -Mike Timmermans regarding "Outback Camping request for exemption
from Noise By-Law".
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Council Minutes April 21, 2011
Mike Timmermans,owner Outback Camping,thanked Council for considering his request for
noise by-law exemptions. He advised that it is not the intent to play music all night but rather to
accommodate campers who wish to stay up and talk with others. He noted that he has improved
security over 2010 to help manage crowd control.
Mr. Timmermans noted that his campers have a considerable economic impact on local
businesses,particularly on long holiday weekends. He submitted a petition of support signed by
nineteen representatives of local businesses. He suggested that his business cannot run without
some noise by-law exemption. He commented that other private campgrounds have the same
issues,however,not on as large a scale.
5. INFORMATION ITEMS
(a) Correspondence dated April 14,2011 from Association of Municipalities of Ontario
regarding "AMO Supports Accessible Communities".
File: A01
(b) Long Point Region Conservation Authority minutes of meeting held February 25,
2011.
File: A 16
(c) Bayham Harbourfront Committee minutes of meeting held February 23,2011.
File: C06
(d) Bayham Historical Society minutes of meeting held March 10, 2011.
File: C06
(e) Lake Erie Region Source Protection Committee minutes of meeting held March 3,
2011.
File: E00
(f) Correspondence dated April 15, 2011 from City of Oshawa regarding"School Boards'
Declaration of Voting Day as a Professional Activity Day".
File: C10
(g) Correspondence dated March 31,2011 from City of Mississauga regarding "Revenue
from H.S.T. Charged on Gasoline and Diesel Sales Transportation Infrastructure
Funding".
File: C10
(h) Correspondence dated March 31, 2011 from Ministry of Transportation regarding
"Project Ojibwa".
File: D06
(i) Correspondence dated March 31,2011 from Stewardship Ontario regarding "Industry
Funding for Municipal Blue Box Recycling for 2010 Program Year".
Page 3 of 11
Council Minutes April 21, 2011
File: E07
(J) Correspondence dated March 2011 from Ministry of Citizenship and Immigration
regarding "Lincoln M. Alexander Award 2011".
File: M02
2011-172
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT items 5(a) through 5(j) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Staff Report D2011-15 regarding "Growmark Site Plan Agreement/By-Law 2011-
032".
File: D11.GROW
2011-173
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Law 2011-032,being a By-law to authorize the execution of a Site Plan
Agreement with Growmark Inc. and the Municipality of Bayham,be presented for
enactment."
CARRIED UNANIMOUSLY
(b) Staff Report D2011-16 regarding"Froese Amended Consent Applications E20-23/11".
File: D10.11 Froese
The Administrator advised that the two barns are currently housing livestock,however,the
Minimum Distance Separation does not apply.
Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not
necessarily being correct.
2011-174
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council recommend to the Elgin County Land Division Committee the four
consent applications E20-23/11, submitted by John Froese,be granted with each
application subject to the following conditions:
1.copy of the final survey be provided to the municipality
2. $500 cash-in-lieu parkland dedication fee payable to the municipality
3. conceptual plan of subdivision
4. municipal lot assessments subject to municipal approval
Page 4 of 11
Council Minutes April 21,2011
5. grading plan for the entire lands subject to municipal approval
6.municipal drainage works subject to municipal and authorizing agencies'
approval
7.water quantity testing report subject to provincial standards on each proposed
lot
8.water quality testing report for nitrates and bacteria content subject to
provincial standards on each proposed lot
9. purchase of municipal civic numbering signage from the municipality
10. road access permit subject to municipal approval
11.rezoning to remove the holding provision."
CARRIED
(c) Correspondence dated April 14,2011 from Oxford County regarding "Draft Approval
of Plan of Subdivision".
File: D12
2011-175
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT copy of correspondence from Oxford County to the Town of Tillsonburg
regarding Draft Approval of Plan of Subdivison be received for information."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE &DRAINAGE
(a) Staff Report DR2011-005 regarding"Richmond Outlet Municipal Drain".
File: E09 Richmond Outlet
2011-176
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Drainage Superintendent's reassessment of the Richmond Outlet Drain
as set out in "Agreements between Property Owners for Drainage Apportionment
due to Land Severance or Sale" as executed by Cornelius Teichroeb and Martin and
Emily Gazendam are hereby filed and accepted by Council;
THAT the Drainage Superintendent's reassessment as set out in "Agreements
between Property Owners for Drainage Apportionment due to Land Severance or
Sale" as executed by Cornelius Teichroeb and Kelly and Emily Gazendam are
hereby filed and accepted by Council;
AND THAT By-law#2011-034 being a By-law to amend the drainage assessment for
those lands identified as Assessment Roll#34-01-000-007-05210,Assessment Roll
#34-01-000-007-05205 and Assessment Roll#34-01-000-007-05215 in the watershed
of the Richmond Outlet Municipal Drain referred to in Engineer's Report forming
Page 5 of 11
Council Minutes April 21,2011
part of the Municipality of Bayham By-law 2008-023, as amended,be presented to
Council for enactment."
CARRIED UNANIMOUSLY
8. PROPERTY.BUILDING& PROTECTIVE SERVICES
(a) Request received from Eileen DeJager, Supervisor Bayham Library,to use the
municipal sign to promote celebration of the 75th anniversary of the Elgin County
Library System.
File: C13
2011-177
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Council grants permission to the Supervisor of the Bayham Library to use
the Municipal sign as requested,subject to Municipal needs."
CARRIED UNANIMOUSLY
(b) Application for Exemption from Bayham By-Law 2001-57(to regulate and control
noises)received from Outback Camping,Mike Timmermans.
File: C13
2011-178
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council inform the applicant that due to the public feedback already
received,they are not interested in approving this application."
CARRIED UNANIMOUSLY
9. FINANCE.ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#10267 to Cheque#10344 inclusive,except Cheques
#10342 totaling$327,510.84 and Payroll Disbursements for the period ending April 3,
2011 totaling$54,249.04.
2011-179
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Cheque Register being Cheque#10267 to Cheque#10344 inclusive, except
Cheques#10342 totaling$327,510.84 and Payroll Disbursements for the period
ending April 3,2011 totaling$54,249.04 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated March 31,2011 from the Municipality of Halton regarding
Page 6 of 11
Council Minutes April 21, 2011
"Harmonized Sales Tax Revenue and a New Funding Mechanism for Transportation
Infrastructure".
File: C10
2011-180
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT correspondence from Municipality of Halton regarding Harmonized Sales
Tax Revenue and a New Funding Mechanism for Transportation Infrastructure be
received."
CARRIED UNANIMOUSLY
(c) Correspondence dated April 5,2011 from Elgin Group Police Services Board
regarding"Policing Costs-2011".
File: P17
2011-181
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the Municipality of Bayham hereby authorizes and approves of the four-
year occurrence method of cost apportionment phased-in over a four-year period
(Option#4B)for Ontario Provincial Police contract costs and Elgin Group Police
Services Board budget."
CARRIED
2011-182
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT the Municipality of Bayham hereby approves the 2011 budget of the Elgin
Group Police Services Board as presented."
CARRIED
(d) Staff Memorandum regarding"Tax Sale".
File: F22-11
2011-183
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT staff be directed to retain the services of an Engineer to get an opinion as to
the structural condition of the building."
CARRIED UNANIMOUSLY
Page 7 of 11
Council Minutes April 21,2011
(e) Staff Memorandum regarding "Dredging Information/Update".
File: D06 OJIB
The Administrator advised that Mr.Underwood and Jim Atkinson, IMS were present. It was
noted that staff have not been advised of the status of the Sand Plains proposal for planning
studies. The depth and method of disposal required for dredging is still unknown. Mr. Kruger is
to meet with officials regarding dredging requirements next week.
Details regarding a proposed refundable deposit on the purchase of the dredge are to be sought.
2011-184
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Memorandum regarding Dredging Information Update be received
for information."
CARRIED UNANIMOUSLY
2011-185
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT in accordance with Section 12 of Procedural By-Law 2002-93, Council shall
deal with business until 11 p.m. at its meeting of April 21,2011."
CARRIED UNANIMOUSLY
(1) Staff Memorandum regarding "Municipal Assistance Applications 2011".
File: F 11 Assist
2011-186
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT Council approves fee waivers for use of the Straffordville(Bayham) and
Vienna Community Centres as follows:
1. Straffordville (Bayham)Community Centre use
-Optimist Club of Straffordville/Bayham main hall plus kitchen 2 events
-Otter Valley Chamber of Commerce main hall 1 event
-SERVE Parents Association main hall 2 events
-Straffordville Community Committee main hall,parking lot,cement pad and
grounds 3 events,main hall 5 events
- Straffordville Lioness Club main hall 2 events
- Straffordville Lions Club main hall bi-monthly dinner meetings,weekly Bingo,
plus 3 events
-Straffordville Santa Claus Parade Committee main hall 1 event;
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Council Minutes April 21,2011
2 Vienna Community Centre use
-Bayham Historical Society use of Council Chambers for monthly meetings,use of
Edison Museum
storage,display,student and researchers,use of photo copier and supplies,
Memorial Park 1 event, hall for 1 event(inclement weather)
-Eastern Star upper hall 10 meetings plus other fundraising events
-St.Lukes Anglican Church Guild basement with kitchen 2 events plus funeral
luncheons as required Memorial Park 2 events
-Straffordville Firefighters Association entire hall 2 events
-Vienna Lioness den with kitchen for 10 monthly meetings,
entire hall 3 events two days and possible additional events
-Vienna Lions Club den with kitchen 21 meetings,whole hall with kitchen 3 events,
basement 2 events,possible additional events;
AND THAT the cleaning fee only apply except for funerals."
CARRIED UNANIMOUSLY
(g) Request from Rose Gardner to use Bayham Library basement for a cold dinner and
meeting by non-profit volleyball league.
File: C13
2011-187
Moved by Councilor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council approves use of Bayham Library basement on April 30 as
requested by Rose Gardner for dinner and meeting of non-profit volleyball league."
CARRIED UNANIMOUSLY
(h) Verbal update regarding a meeting held April 20 of County Councillors with
representatives of the Thames Valley District School Board.
Mayor Ens advised that County Council had met with Thames Valley District School Board
representatives on April 20th. Trends of attendance projected over the next five years were
discussed. It was noted that many schools in the region are down in attendance. School
buildings are being assessed and amenities ranked. Ideal goals for attendance are between 500 to
700 students in order to provide extra curricular activities.
10. ENVIRONMENT
(a) Correspondence dated March 31,2011 from Elgin Area Primary Water Supply System
regarding "Elgin Area Primary Water Supply System 2010 Compliance Report "
File: E08
2011-188
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
Page 9 of 11
Council Minutes April 21,2011
"THAT Elgin Area Primary Water Supply System 2010 Compliance Report be
received for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2011-189
Moved by Councillor E Ketchabaw
Seconded by Councilor T Southwick
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 10:48 p.m. to discuss:
• advice that is subject to solicitor-client privilege, including communications
necessary for that purpose."
CARRIED UNANIMOUSLY
(b) Verbal Report regarding advice that is subject to solicitor-client privilege,including
communications necessary for that purpose. (Ojibwa Lease Negotiations)
(c) Closed session minutes of the regular meeting of Council held April 7,2011.
(d) Out of Camera.
2011-190
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera" session at
11:12 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2011-032 A By-Law to authorize the execution of an agreement(Growmark
Inc)
(b) By-Law 2011-033 A By-Law to authorize the renewal of an agreement(Donnell)
(c) By-Law 2011-034 A By-Law to further amend By-Law 2008-023 as amended
(Richmond Outlet Drain)
2011-191
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Laws 2011-032,2011-033 and 2011-034 be read a first,second and third
time and finally passed."
CARRIED UNANIMOUSLY
Page 10 of 11
Council Minutes April 21,2011
(d) By-Law 2011-035 A By-Law to confirm all actions of Council
2011-192
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT confirming By-Law 2011-035 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2011-193
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 11:13 p.m."
CARRIED UNANIMOUSLY
egcl x.04
MAYOR CLERK
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