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HomeMy WebLinkAboutNovember 04, 2010 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville November 04,2010 7:00 PM 7:20 PM& 7:30 PM-Public Meeting—Planning(Zoning) 8:00 PM-Public Meeting-Drainage The regular meeting of the Council of the Municipality of Bayham was held on Thursday,November 4, 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. Planning Coordinator/Deputy Clerk Margaret Underhill and Chief Building Official/Drainage Superintendent Bill Knifton 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 October 21, 2010. 2010-434 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the minutes of the regular meeting held October 21,2010 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) 2010-435 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT in accordance with Section 21 of Procedural By-law 2002-93, the Vienna Citizens Group delegation be added to the agenda as items 4(a)." CARRIED UNANIMOUSLY Page 1 of 11 Council Minutes November 04,2010 4. DELEGATIONS Vienna Citizens Group. Jan Collins,representing the Vienna Citizens Group,was in attendance. She advised that there would be a gathering on November 14th at 10 a.m. to mark the placement of signage in honour of Ruth Horton's efforts in establishing a skate park in Vienna. She requested use of the municipal sign to promote Caroling in the Park on December 11th at 7:00 p.m. She added that the group would like to use Council Chambers to seek public input regarding efforts to save the old Vienna Town Hall in January. She noted that a Sand Plains grant application to conduct an engineering study had been turned down. 2010-436 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Council grants permission for the Vienna Citizens Group to use the municipal sign to advertise Caroling in the Park,subject to Municipal needs AND THAT Council approves use of Council Chambers in January on a date to be determined subject to municipal needs." CARRIED UNANIMOUSLY 5. INFORMATION ITEMS (a) Correspondence dated October 18,2010 from Friends of the Greenbelt Foundation regarding"2009 -2010 Annual Report". (full report available at Municipal Office) File: A01 (b) Correspondence dated October 18, 2010 from Association of Municipalities of Ontario regarding "AMO Welcomes Court Decision on Bank Tower Assessment". File: A01 (c) Correspondence dated October 26,2010 from Ontario Good Roads Association regarding"Nominations for 2011 -2012 Board of Directors". File A01 (d) Correspondence dated October 14,2010 from The Ontario Aggregate Resources Corporation regarding "The Ontario Aggregate Resources Corporation-2009 Annual Report" (full report available at Municipal Office). File: D05 (e) Correspondence received October 19,2010 from Elgin St.Thomas Public Health regarding "Community Health Status Report". File: E06 (f) Correspondence dated October 2010 from Ministry of Citizenship and Immigration regarding "Nominations for the June Callwood Outstanding Achievement Award for Page 2 of 11 Council Minutes November 04,2010 Voluntarism in Ontario". File: M02 (g) Correspondence dated October 27,2010 from Elgin County OPP regarding"Don't Wait Till Spring To Check Your Vacation Home". File: P17 2010-437 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT information items 5(a)through 5(g)be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION& TOURISM 1. CORRESPONDENCE AND REPORTS 2. PUBLIC MEETING 2010-438 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "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) 7:20 p.m. -Weeda Rezoning-zoning by-law amendment application proposing to change the zoning on a parcel of land from the Institutuinal(I)Zone to the Village Residential(R1)Zone to allow the conversion of an existing church to a single unit residential dwelling. 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 3. STAFF PRESENTATION (a) Staff Report D2010-034 regarding Weeda Rezoning. File: D14.WEEDA The Planning Co-ordinator presented her report. She advised that no written comments or concerns had been submitted. 4. PUBLIC COMMENTS There were no public comments. Page 3 of 11 Council Minutes November 04, 2010 5. COUNCIL COMMENTS AND QUESTIONS Councillor Ketchabaw questioned whether there was an existing driveway and whether a grading plan was required. He was advised that the Public Works Manager would consider the application for a road access permit and determine whether a grading plan would be necessary. 6. ADJOURNMENT 2010-439 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Public Meeting be adjourned at 7:25 p.m." CARRIED UNANIMOUSLY 7. DISPOSITION OF ITEM 2010-440 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2010-034 regarding the Weeda and Wiebe rezoning application be received; AND THAT the zoning of those lands located in Lot 7 Plan 54, 11 Elm Street, be changed from Institutional(I)to Village Residential(R1)Zone to permit the conversion of an existing church to a single unit residential dwelling; AND THAT Zoning By-law Z585-2010 be presented for enactment." CARRIED UNANIMOUSLY 3. PUBLIC MEETING (a) ITEM TO BE DEFERRED UNTIL THE REGULAR COUNCIL MEETING SCHEDULED FOR NOVEMBER 18,2010 AT 8:00 P.M. (PREVIOUSLY DEFERRED FROM REGULAR COUNCIL MEETING HELD OCTOBER 7, 2010) 1. PUBLIC MEETING (a) 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 Page 4 of 11 Council Minutes November 04, 2010 It was noted that the meeting regarding the Graydon property for rezoning purposes has been further deferred until November 18th at 8:00 p.m. No persons in attendance indicated an interest or signed the attendance sheet. 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE AND REPORTS (a) Correspondence dated October 26,2010 and Road Closure Request Form from Straffordville(Lions) Santa Claus Parade Committee regarding "Annual Santa Claus Parade". File: T09 2010-441 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Council of the Municipality of Bayham approves the request by the Straffordville(Lions)Santa Claus Parade Committee to use streets within Straffordville for the Santa Claus Parade to be held Saturday,December 11,2010 at 10:30 a.m.,subject to the provision of proof of liability insurance coverage; THAT Old Chapel Street be temporarily closed during the parade; THAT the County of Elgin be requested for permission to use Plank Road and Heritage Line between 10:30 a.m.and 1:00 p.m.for the parade; AND THAT the Bayham Public Works Manager be directed to provide the necessary provisions for traffic control and safety." CARRIED UNANIMOUSLY (b) Correspondence dated October 22,2010 from Township of Malahide regarding "Caroline Davis Drain Court of Revision". File: E09 2010-442 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Correspondence dated October 22,2010 from Township of Malahide regarding Caroline Davis Drain Court of Revision be received; AND THAT Bill Knifton be appointed to the joint Court of Revision scheduled for Thursday,November 18,2010 at 8:00 p.m." CARRIED UNANIMOUSLY Page 5 of 11 Council Minutes November 04,2010 2. PUBLIC MEETING 2010-443 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act." CARRIED UNANIMOUSLY 1. PUBLIC MEETING (a) 8:00 p.m. -Bartley Municipal Drain-to consider Spriet Associates Engineer's Report #209138 dated August 31,2010. (Full report attached in Section 12 By-Law 2010- 100) 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 3. STAFF PRESENTATION (a) Staff Report DR2010-010 regarding"Bartley Municipal Drain". File: E09 Drainage Superintendent Bill Knifton presented his report. The Engineer,John Spriet Jr. explained the layout of the drain and the relocation of a 250 metre portion of the drain due to the development of the Peters' property. The full cost of the relocation lies with Mr. Peters.A new updated maintenance schedule has been prepared to allocate future repair costs. 4. PUBLIC COMMENTS None. 5. COUNCIL COMMENTS AND QUESTIONS Councillor Casier questioned whether the proximity to the field bed is an issue. The Engineer advised that sealed pipe is being used and there is no issue. Councillor Ketchabaw questioned whether the open portion of the ditch will be affected. The Engineer advised that as storm water management provisions are being applied,there are no concerns. Page 6 of 11 Council Minutes November 04,2010 6. ADJOURNMENT 2010-444 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 8:09 p.m." CARRIED UNANIMOUSLY 7. DISPOSITION OF ITEM 2010-445 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report DR2010-010 regarding Bartley Municipal Drain be received; THAT in accordance with Sections 44 to 46 of the Drainage Act,Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report #209138 dated August 31,2010, referred to as the"Bartley Drain" report; THAT Provisional By-law#2010- 100 be given first and second reading; THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46(2) of the Drainage Act; AND THAT a date of December 2,2010 at 8:00 p.m.be set for the first sitting of the Court of Revision." CARRIED UNANIMOUSLY 8. PROPERTY, BUILDING& PROTECTIVE SERVICES (a) Building Permit Report for month ending October 31,2010. File: P10 2010-446 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Building Permit Report for month ending October 31,2010 be received for information." CARRIED UNANIMOUSLY Page 7 of 11 Council Minutes November 04,2010 (b) Correspondence dated October 18 from Vienna Lioness Club regarding"Christmas Craft Show and Sale". File: C13 2010-447 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT the correspondence from Vienna Lioness Club requesting use of the Municipal sign be received; AND THAT Council grants permission to use the sign as requested, subject to Municipal needs." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION& PERSONNEL (a) Cheque Register being Cheque#9308 to Cheque#9433 inclusive totaling$334,204.63 and Payroll Disbursements for the period ending October 17, 2010 totaling $51,677.53. 2010-448 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT Cheque Register being Cheque#9308 to Cheque#9433 inclusive totaling $334,204.63 and Payroll Disbursements for the period ending October 17,2010 totaling$51,677.53 be approved." CARRIED UNANIMOUSLY (b) Staff Memorandum regarding "Draft Letter to AGCO re: Penny Sales". File: P09 2010-449 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT Staff Memorandum regarding Draft Letter to AGCO re: Penny Sales be received for information; AND THAT Staff be directed to forward letter to AGCO Head Office; AND THAT the letter be circulated to Ontario Municipalities and the local MPP for support." CARRIED UNANIMOUSLY Page 8 of 11 Council Minutes November 04,2010 (c) Correspondence received October 26,2010 from Rob Thompson regarding "Water Infrastructure". File: C13 2010-450 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Correspondence from Rob Thompson regarding Water Infrastructure be received; AND THAT staff advise Mr.Thompson that the matter has not yet been fully addressed by Council at this time." CARRIED UNANIMOUSLY (d) Bayham Community Centres Committee draft minutes of meeting held October 28, 2010 and draft By-Law 2010-102. Items 5(d)and 5(e)request Council action. File: C06 2010-451 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Bayham Community Centres Committee draft minutes of meeting held October 28,2010 and draft By-Law 2010-102 be received; THAT Council approves a discounted rental rate of 25% for the congregation of the Church at Vienna for use of the Vienna Community Centre for services to be held Sundays and Wednesdays beginning in November 2010,subject to current bookings; THAT the rental rate arrangements for the Church at Vienna be reviewed in six months; THAT Council approves the use of the Vienna Community Centre to C& C Dance for bi-weekly dance fitness classes at the fee rate of$50 per night on a six month trial basis; AND THAT By-Law 2010-102,being a by-law to further amend By-Law 2005-102, Imposing Rates and Fees, be presented to Council for enactment." CARRIED UNANIMOUSLY Page 9 of 11 Council Minutes November 04,2010 (e) Verbal update regarding "Ojibwa". The Administrator noted that Elgin Military Museum staff are continuing the background work for implementation of the Ojibwa project. He noted there are requirements to be met for the release of CAF funding and release of the sub by the Navy, including demonstration that efforts will be taken for the safe and secure maintenance of the sub after release. An Environmental Assessment of the site is currently underway.Timing of the dredging is yet to be confirmed and other opportunities for funding are being investigated. There is no discussion regarding lease arrangements between the Municipality and the Military Museum at this time. It was noted that the cost of site preparation studies are being paid by the Museum as the lead agency. It was suggested that a public forum process be set up for the project. 10. ENVIRONMENT (a) Verbal update regarding"Richmond Water System". The Administrator advised that staff and Stantec are awaiting results of communications among the board executive and are ready to move forward. He noted a meeting has been scheduled for the following week. 11. COMMITTEE OF THE WHOLE There were no closed section items. 12. BY-LAWS (a) By-Law Z585-2010 A By-Law to further amend By-Law Z456-2003 (Weeda) (b) By-Law 2010-100 A Provisional By-Law to provide for drainage works(Bartley Municipal Drain)first and second reading only (c) By-Law 2010-101 A By-Law to further amend By-Law 2010-001 (appoint members to Boards and Committees) (d) By-Law 2010-102 A By-Law to further amend By-Law 2005-102 (imposing rates and fees) 2010-452 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Provisional By-Law 2010-100 for the Bartley Municipal Drain be read a first and second time." CARRIED UNANIMOUSLY Page 10 of 11 Council Minutes November 04,2010 2010-453 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT By-Laws Z585-2010,2010-101 and 2010-102 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY (e) By-Law 2010-103 A By-Law to confirm all actions of Council 2010-454 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "That confirming By-Law 2010-103 be read a first,second and third time and fmally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2010-455 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 8:11 p.m." CARRIED UNANIMOUSLY •Y ri ' CLERK Page 11 of 11