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HomeMy WebLinkAboutSeptember 02, 2010 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville September 02,2010 7:00 pm 7:30 p.m. Public Meeting—Planning(Zoning) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, September 2, 2010 in the 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. Fire Chief/By-Law Enforcement Officer Gord Roesch was in attendance to present his report. 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 AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of Council held August 12,2010. 2010-358 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the minutes of the regular meeting held August 12, 2010 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) 2010-359 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT in accordance with Section 21 of Procedural By-law 2002-93, correspondence from Doug Lester requesting fee waivers to host an all candidates meeting be added to the agenda as items 9(d)." CARRIED UNANIMOUSLY Page 1 of 8 Council Minutes September 02,2010 4. DELEGATIONS (a) 7:05 p.m. -Michael Timmermans, Outback Camping,regarding request for exemption from noise by-law until 3 a.m. on long weekends during sumer months to host camping /concert events. Item 8(a) Mr.Timmermans provided a handout that outlined community benefits he believed would result from visitors to his campgrounds.He suggested exemption from the noise by-law until 3:00 a.m. on the long holiday weekends throughout the summer would encourage more visitors to stay at his site resulting in fmancial benefit to local businesses. When questioned,he indicated that he had approached some neighbours and they did not object to his proposal for exemption from the noise by-law. He indicated his willingness to compromise by an exemption until 1:00 or 2:00 a.m. It was noted that it was too late for Council to approve an exemption for this Labour Day weekend as public notice must be placed in a local newspaper in advance (b) 7:15 p.m. -Wanda Hoshal-regarding Estherville Stones and other related matters. Mrs. Hoshal noted that volunteers had moved the markers from the Glen Erie stabilization project to the Estherville cemetery. She suggested there are still more markers 150' further to the north of the project site,however, it is unsafe to remove them. She added that the pilgrims would like to have a plaque placed at the cemetery to identify why the additional stones had not been relocated to Estherville. She agreed that the group would prepare draft wording for consideration. Mrs. Hoshal commented that the markers placed at the Old Eden cemetery needed to be repositioned to face west, similar to the existing ones. 5. INFORMATION ITEMS (a) Correspondence dated August 19,2010 from Ministry of Municipal Affairs and Housing regarding"Five Year Review of the Provincial Policy Statement,2005". File: A16 (b) Correspondence dated August 19,2010 from Ministry of Natural Resources regarding "Dealing with Human-Wildlife Conflicts in Your Municipality". File: A16 (c) Bayham Harbourfront Committee minutes of meeting held August 17,2010. File: C06 (d) Lake Erie Region Source Protection Commitee Meeting minutes of meeting held July 8,2010. File: E00 (e) Correspondence dated August 12,2010 from Elgin County OPP regarding "An Open Page 2 of 8 Council Minutes September 02,2010 Letter to the People of Ontario from OPP Commissioner Chris D. Lewis". File: P17 2010-360 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT information items 5(a)through 5(e)be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT, RECREATION&TOURISM 1. CORRESPONDENCE AND REPORTS 2. PUBLIC MEETING 2010-361 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY 1. PUBLIC MEETING (a) 7:30 p.m. -Jo-Lynn Pt. Burwell Inc. Rezoning-to consider a rezoning application and draft Zoning By-Law Z583-2010 for the MacNeil Subdivision,Port Burwell. 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 3. STAFF PRESENTATION (a) Staff Report D2010-27 regarding Jo-Lynn Pt. Burwell Inc. Rezoning. File: D14.JOLYNN2 The Report was presented by the Administrator. He noted that the Planning consultant and staff support the application.No comments from the public were submitted. 4. PUBLIC COMMENTS None. Page 3 of 8 Council Minutes September 02,2010 5. COUNCIL COMMENTS AND QUESTIONS None. 6. ADJOURNMENT 2010-362 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT the Public Meeting be adjourned at 7:35 p.m." CARRIED UNANIMOUSLY 7. DISPOSITION OF ITEM 2010-363 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Staff Report D2010-27 regarding the Jo-Lynn Pt.Burwell Inc.rezoning be received; AND THAT the zoning of those lands located in Plan 30 Unnumbered Block 2 Registered Plan 11R4369 Part 2 be changed from site-specific Village Residential—7 Holding [R1-7(h)] to revised site-specific Residential-7 Zone(R1-7); AND THAT Zoning By-law Z583-2010 be presented for enactment." CARRIED UNANIMOUSLY 7. ROADS.AGRICULTURE &DRAINAGE 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (a) Correspondence dated August 16, 2010 from Michael Timmerman requesting exemption from the Noise By-Law until 3 a.m. on long weekends during the summer months. File: P01 2010-364 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT correspondence dated August 16,2010 from Michael Timmermans requesting exemption from the Noise By-Law until 3 a.m. on long weekends during the summer months be received; Page 4 of 8 Council Minutes September 02,2010 AND THAT the applicant submit a formal application to the Municipality in April 2011 listing dates and times of events to be considered for exemption; AND THAT the applicant comply with "Details of application for exemption" as outlined in By-Law 2001-57,including proof of publication." CARRIED UNANIMOUSLY (b) Staff Report P2010-011 regarding Self Contained Breathing Apparatus. File: P16 2010-365 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "THAT Staff Report P2010-011 regarding Self Contained Breathing Apparatus be received; AND THAT Council amend the 2010 budget to allow the Bayham Fire and Emergency Service to purchase new Self Contained Breathing Apparatus,Rapid Intervention Kits and Firefighter Facepieces including fit testing as outlined in the quote from AJ Stone and Company for the total price of$110,426+HST by utilizing funds from Fire Department reserves." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION& PERSONNEL (a) Cheque Register being Cheque#8926 to Cheque#9054 inclusive,except Cheque #8606 totaling$306,102.06 and Payroll Disbursements for the period ending August 8 and August 22,2010 totaling$60,841.91 and$59,310.75 respectively. 2010-366 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT Cheque Register being Cheque#8926 to Cheque#9054 inclusive,except Cheque#8606 totaling$306,102.06 and Payroll Disbursements for the period ending August 8 and August 22,2010 totaling$60,841.91 and $59,310.75 respectively be approved." CARRIED UNANIMOUSLY (b) Correspondence dated August 8,2010 from Randy Bradfield requesting to place a memorial bench in Port Burwell. File: C13 Page 5 of 8 Council Minutes September 02,2010 2010-367 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT correspondence dated August 8,2010 from Randy Bradfield requesting to place a memorial bench in Port Burwell be received; THAT Council approves the request from Randy Bradfield to place a memorial bench in memory of his parents in Port Burwell; AND THAT Mr. Bradfield make arrangements for the placement of the proposed bench with the Public Works Manager." CARRIED UNANIMOUSLY (c) Staff Report C2010-10 regarding Restricted Acts after Nomination Day- Project Ojibwa. File: L04 The Administrator advised that several issues preclude moving forward with Project Ojibwa by October. He suggested that the federal government consider extension of the Community Adjustment Fund closing date as dredging and other details cannot be arranged prior to October 1st. 2010-368 Moved by Councilor M Taylor Seconded by Deputy Mayor C Evanitski "THAT Staff Report C2010-10 regarding Restricted Acts after Nomination Day- Project Ojibwa be received; THAT the approved 2010 Municipal Budget-Capital, be amended to include Project Ojibwa at a cost of$200,000, and that financing be designated from future property lease payments with specific components to be approved by Council." CARRIED UNANIMOUSLY (d) Chamber of Commerce request for fee waiver of Bayham Community Centre to hold an all candidates meeting. File: C13 2010-369 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT correspondence from Doug Lester,Otter Valley Chamber of Commerce, requesting fee waivers for an all candidates meeting be received; Page 6 of 8 Council Minutes September 02,2010 AND THAT Council approves a fee waiver for use of the Bayham Community Centre on September 29 except for the cleaning fee of$60." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Staff Report E2010-10 regarding Ontario Small Waterworks Asistance Program (OSWAP 3). File: F 11 2010-370 Moved by Councilor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT Staff Report E2010-10 regarding Ontario Small Waterworks Assistance Program(OSWAP 3)be received; AND THAT Staff be authorized to prepare the necessary documentation for application for supply and treatment system changes for the Richmond Water System under the Ontario Small Waterworks Assistance Program Phase 3." CARRIED UNANIMOUSLY (b) Staff Memorandum regarding Richmond Water Hydrogeological Study Update. File: E08 2010-371 Moved by Councilor W Casier Seconded by Deputy Mayor C Evanitski "THAT Staff Memorandum regarding Richmond Water Hydrogeological Study Update be received for information." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE There were no In Camera items. 12. BY-LAWS (a) By-Law Z583-2010 A By-law to further amend By-Law Z456-2003 (Jo-Lynn) 2010-372 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw Page 7 of 8 Council Minutes September 02,2010 "THAT By-Law Z583-2010,further amending By-Law Z456-2003,be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (13) By-law 2010-086 A By-law to confirm all actions of Council 2010-373 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evantiski "That confirming By-law 2010-086 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2010-374 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council meeting be adjourned at 8:19 p.m." CARRIED UNANIMOUSLY ( & MAYOR( CLEKK Page 8 of 8