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HomeMy WebLinkAboutOctober 07, 2010 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road,Straffordville October 07,2010 7:00 PM 8:00 PM Public Meeting—Planning(Zoning) The regular meeting of the Council of the Municipality of Bayham was held on Thursday,October 7, 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. Chief Building Official/Drainage Superintendent Bill Knifton and Public Works Manager Gerry LeMay 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 AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of Council held September 16,2010. 2010-394 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the minutes of the regular meeting held September 16,2010 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) None. 4. DELEGATIONS (a) 7:05 p.m. -Wanda Hoshal regarding Estherville rededication and stones. This delegation was deferred to the next Council meeting. 5. INFORMATION ITEMS (a) News Release dated September 2010 from Communities in Bloom Ontario regarding "50 Ontario communities honoured at 2010 Communities in Bloom Ontario Awards". File: A01 (b) Correspondence dated September 14,2010 from the Corporation of the County of Huron regarding "domestic content requirements". File: A16 Page 1 of 10 Council Minutes October 07,2010 (c) Correspondence dated September 24,2010 from the Township of Malahide regarding "Joint Compliance Audit Committee". File: A16 (d) Bayham Harbourfront Committee minutes of meeting held September 14, 2010. File: C06 (e) Elgin Group Police Services Board minutes of meeting held September 15, 2020. File: C06 (1) Correspondence dated September 29,2010 from Otter Valley Chamber of Commerce regarding"Bayham-Elgin Business Expo Cancelled for 2010". File: C13 (g) Correspondence dated September 23,2010 from Union Gas regarding"Application with the Ontario Energy Board". File: E06 (h) Correspondence dated September 28,2010 from Ministry of Agriculture,Food and Rural Affairs regarding"Premier's Award for Agri-Food Innvoation Excellence". (application forms available at the Municipal Office) File: M02 2010-395 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT information items 5(a)through 5(h)be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION&TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2010-32 regarding Froese Severance E45/10. File: D10.10 Froese The Administrator noted that an updated sketch of the property had been provided. He added that the owner has indicated the size of the greenhouse will be reduced to comply with setback requirements, and noted the proposed conditions allow for removal or relocation. Confirmation of laneway access off Plank Road by the County of Elgin has been included as a condition.The well is to remain with the retained parcel.No other concerns were raised. 2010-396 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2010-32 regarding the Froese severance be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E45/10,submitted by Dan and Tina Froese,be amended: Page 2 of 10 Council Minutes October 07,2010 •to indicate where the septic field bed system is located servicing the office and garden centre to ensure that it is located wholly within the proposed severed lot boundaries •to indicate the location of the county road access for the pole barn on the retained lands •to indicate the location of the pump house stated to be on the retained lands AND THAT subject to the amendments Council recommends the approval of the 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.removal of the greenhouse in its entirety or relocated and/or reduced in size in accordance with the Agricultural(Al)Zone regulations or Rural Commercial(RC) Zone regulations 4.confirmation of approved access to County Road 19 (Plank Road)for the pole barn on the retained lands." CARRIED (b) Staff Report D2010-33 regarding Peters Subdivision North Hall Subdivision Agreement. File: D12.08 PETERS The Administrator advised of amendments to the subdivision agreement as follows: Section 6 to reflect a"2 year service contract"; Section 14 "Physical components of.... plantings."was added; Section 23(y) fire protection wording was revised to be generic. Councillor Taylor questioned whether hydro servicing would be below ground, to which he was advised that this is not a requirement. 2010-397 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report D2010-33 regarding a subdivision agreement with Abraham and Emma Peters be received; AND THAT authorizing By-law 2010-090 as amended be presented for enactment." CARRIED UNANIMOUSLY 2. PUBLIC MEETING (a) ITEM TO BE DEFERRED UNTIL THE REGULAR COUNCIL MEETING SCHEDULED FOR NOVEMBER 4,2010 AT 7:30 P.M. Page 3 of 10 Council Minutes October 07,2010 PUBLIC MEETING 7:30 p.m. -Graydon Rezoning-zoning by-law amendment application proposing the rezoning of property located at Part Lot 13, Concession 9, 56084 Talbot Line. Staff Report D2010-31 regarding Graydon Rezoning. File: D14 It was noted that the meeting regarding the Graydon property for rezoning purposes has been deferred until November 4th at 7:30 p.m. Any persons in attendance for the public meeting were invited to sign the attendance sheet. No one responded. 7. ROADS,AGRICULTURE & DRAINAGE (a) Staff Report D2010-009 regarding Bartley Municipal Drain. File: E09 2010-398 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Report DR2010-009 regarding the Bartley Municipal Drain be received; THAT the Council of the Municipality of Bayham acknowledges the receipt of Report#209138 dated August 31,2010 for the Bartley Municipal Drain,as prepared by the Engineer, Spriet Associates,and filed with the Clerk on September 20,2010; THAT Council set a date for the Public Meeting to be held on November 4,2010 at 8:00 p.m. to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, and in accordance with the Drainage Act." CARRIED UNANIMOUSLY (b) Staff Report PW2010-18 regarding Pavement Edger. File: T06 Public Works Manager noted that the proposed equipment would help preserve the edge of the pavement. The equipment would be cost effective and would be used immediately. It was noted that both the capital and operating expenditures, including winter control, are currently on budget. 2010-399 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report PW 2010-18 regarding Pavement Edger be received; Page 4 of 10 Council Minutes October 07, 2010 AND THAT Council direct staff to purhcase a pavement edger from AMI Attachments,Elmira,Ontario in the amount of$5,750.00 excluding applicable taxes." CARRIED (c) Staff Report PW2010-19 regarding Clarke Bridge Update. File: T04 As width for farm equipment has not been an issue, it was noted that a one lane bridge is being considered for a replacement. Beneficial changes to access may be an option depending on cost and results of the claim being pursued by the insurance company on behalf of the municipality. 2010-400 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Report PW 2010-19 regarding Clarke Bridge Update be received for information." CARRIED UNANIMOUSLY (d) Staff Report PW2010-20 regarding Winter Control Contracts 2010/2011. File: L04 The Manager of Public Works recommended that contracts be awarded to the same contractors for services as previously provided, subject to minimal cost changes. 2010-401 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Report PW2010-20 regarding Winter Control Contracts 2010/2011 be received; THAT quotes be accepted as recommended; AND THAT contracts be prepared for Council approval." CARRIED UNANIMOUSLY (e) Staff Memorandum regarding MNR Meeting -Conveyance of Part of Chatham Street. Staff Report PR2010-08 regarding Conveyance to MNR-Part of Chatham Street (deferred from August 12,2010 meeting). File: T09 Page 5 of 10 Council Minutes October 07, 2010 The Administrator noted that there are no plans to restrict access to the Boardwalk. Co- ordination of maintenance efforts with the Municipality is welcomed to improve local accessibility. Vehicles and pedestrians must access through the designated entrance. Pedestrians will not be required to pay admission. Visitors may park by the boardwalk and walk to the entrance for beach access. Park officials are being diligent in protecting the naturalized dune area. 2010-402 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Memorandum regarding MNR Meeting-Conveyance of Part of Chatham Street be received; AND THAT By-Law 2010-077, being a by-law to convey part of the road allowance between lots 10 and 11 in Concession 1 of the Municipality of Bayham designated as Part 5 on Plan 11R-2446, be presented to Council for enactment." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING& PROTECTIVE SERVICES (a) Building Permit Report for month ending September 30,2010. File: P10 2010-403 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Building Permit Report for month ending September 30,2010 be received for information." CARRIED UNANIMOUSLY (b) Correspondence from Bayham Community Policing Committee regarding "Port Burwell intersection of Robinson and Wellington Streets". File: C13 Staff was requested to seek reconsideration for the 50 km per hour speed limit on Eden Line in the vicinity of Culloden Road and clarification regarding the speed limit in Corinth from the County of Elgin. Consideration of improvements in proximity to the bridges in Vienna by the County is also to be sought. 2010-404 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT correspondence from Bayham Community Policing Committee regarding Port Burwell intersection of Robinson and Wellington Streets be received; Page 6 of 10 Council Minutes October 07,2010 AND THAT the request to consider a stoplight or lit crosswalk at that corner be referred to the County of Elgin for consideration." CARRIED UNANIMOUSLY (c) Correspondence from The Royal Canadian Legion,Port Burwell regarding "Remembrance Day Parade". File: R06 2010-405 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Correspondence dated September 29,2010 from the Royal Canadian Legion Branch 524 Port Burwell be received; THAT the Council of the Municipality of Bayham approves the request by the Royal Canadian Legion Branch 524 Port Burwell for permission to use the streets within Port Burwell for the Armistice Day Parade to be held Sunday,November 7, 2010 at 2:00 p.m.,subject to the provision of proof of liability insurance coverage in the amount of$2 million; THAT Wellington,Robinson and Pitt Streets from the Legion to the Cenotaph be temporarily closed during the parade between 2:00 and 2:30 p.m.; THAT the County of Elgin be requested to approve use of Wellington Street from Victoria to Robinson; AND THAT the Bayham Public Works Superintendent be directed to provide the necessary provisions for traffic control and safety." CARRIED UNANIMOUSLY 9. FINANCE.ADMINISTRATION&PERSONNEL (a) Cheque Register being Cheque#9122 to Cheque#9227 inclusive, except Cheques #9120 totaling$1,322,391.68 and Payroll Disbursements for the period ending September 19,2010 totaling$50,332.10. 2010-406 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "THAT Cheque Register being Cheque#9122 to Cheque#9227 inclusive,except Cheques#9120 totaling$1,322,391.68 and Payroll Disbursements for the period ending September 19,2010 totaling$50,332.10 be approved." CARRIED UNANIMOUSLY Page 7 of 10 Council Minutes October 07, 2010 (b) Correspondence received October 1, 2010 from County of Elgin regarding "Installation of Tourism Signage". File: A16 The County is to be advised of corrections required to new signage recently placed. 2010-407 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT Correspondence from the County of Elgin regardng installation of Tourism Signage be received; AND THAT Council approves the request for Public Works staff to install tourism signage,when requested by the County of Elgin, as per the the fees outlined in the correspondence." CARRIED UNANIMOUSLY (c) Staff Memorandum regarding Letter from Jo-Lynn Pt. Burwell Inc. re Rezoning Fees. File: D14 2010-408 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Memorandum regarding letter from Jo-Lynn Pt.Burwell be received for infomation; AND THAT the second zoning application application fees of$1000 be refunded to Jo-Lynn Pt. Burwell Inc." CARRIED UNANIMOUSLY (d) Correspondence dated September 21,2010 from Ontario Energy Board regarding "Amendments to the Gas Distribution Access Rule." File: E06 2010-409 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT corresponcence from Ontario Energy Board regarding Amendments to the Gas Distribution Access Rule be received for information." CARRIED UNANIMOUSLY Page 8 of 10 Council Minutes October 07, 2010 (e) Staff Memorandum regarding East Elgin Mapping Partnership-Potential Inclusion of County of Elgin. File: L04 2010-410 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Staff Memorandum regarding East Elgin Mapping Partnership -Potential Inclusion of County of Elgin be received for information." CARRIED UNANIMOUSLY (f) Verbal staff update regarding International Plowing Match volunteer recognition. Recognition of volunteers assisting with promotion at the International Plowing Match is to include those who worked at the Bayham display booth as well as those volunteering on behalf of the museums exhibits. 2010-411 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT International Plowing Match volunteers on behalf of Bayham be invited to and recognized at the Volunteer Appreciation Night being held Thursday, November 25 at the Bayham Community Centre at 7:00 p.m." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Staff Report E2010-10 regarding Richmond Water Hydrogeological Assessment Update. File: E08 It was noted that test results for sodium and chloride exceed acceptable guidelines and treatment is difficult and costly. It was suggested that comments on the test results be sought from the Ministry of the Environment and the Health Unit. 2010-412 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT Staff Report E2010-10 regarding Richmond Water Hydrogeological Assessment Update be received; AND THAT staff be authorized to consult representatives of the Richmond Community Water Inc. Board regarding preferred options for the Richmond Water hydrogeological assessment." CARRIED UNANIMOUSLY Page 9 of 10 Council Minutes October 07,2010 11. COMMITTEE OF THE WHOLE (b) Closed session minutes of the regular meeting of Council held September 16, 2010 were deferred. 12. BY-LAWS (a) By-Law 2010-077 A By-Law to convey part of unopened road allowance(Chatham Street) (b) By-Law 2010-090 A By-Law to authorize a subdivision agreement(Peters) 2010-413 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT By-Laws 2010-077 and 2010-090 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY (c) By-law 2010-091 A By-law to confirm all actions of Council 2010-414 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "That confirming By-Law 2010-091 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2010-415 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 8:34 p.m." CARRIED UNANIMOUSLY MA O CLERK Page 10 of 10