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HomeMy WebLinkAboutFebruary 07, 2008 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday February 7,2008 7:00 p.m. 7:30 & 7:45 p.m.- Public Meetings—Planning (Zoning) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, February 7, 2008 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. Planning Co-ordinator Margaret Underhill, Chief Building Official/Drainage Superintendent Bill Knifton and Water/Wastewater Superintendent Ed Roloson 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 regular meeting of Council held January 17, 2008. Minutes of the Budget meeting held January 23,2008 Minutes of the Budget meeting held January 29,2008 2008-047 Moved by W Casier Seconded by M Taylor "THAT the minutes of the regular meeting of Council held January 17,2008 be approved as circulated." Disposition: Motion Carried Unanimously 2008-048 Moved by W Casier Seconded by M Taylor "THAT the minutes of the Budget meeting of Council held January 23,2008 be approved as circulated." Disposition: Motion Carried Unanimously Council Minutes -27 - February 7, 2008 2008-049 Moved by M Taylor Seconded by E Ketchabaw "THAT the minutes of the Budget meeting of Council held January 29,2008 be approved as circulated." Disposition: Motion Carried Unanimously ADDED ITEMS 2008-050 Moved by E Ketchabaw Seconded by C Evanitski "THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Report C2008-003 regarding Grown Your Own NP Funding and discussion regarding the Port Burwell harbour ice jam be added to the agenda as items 9.1(i) and 9.1(j) respectively." Disposition: Motion Carried Unanimously 4. DELEGATIONS 8:15 p.m.—Jane Grass and Terry Vansevanant, Straffordille Library presented a CD video regarding Cultural Services of Elgin County available through the Libraries, Museum, and Archives, for people of all ages. They provided copies of the CD to be placed at the front counter for the public. Item 6.1(a) 5. INFORMATION ITEMS 2008-051 Moved by M Taylor Seconded by C Evanitski "THAT information items 5(a) through 5(i) be received for information." Disposition: Motion Carried Unanimously (a) Minutes of the Elgin Group Police Services Board meetings held December 13, 2007 and January 4, 2008. File: C06 (b) Correspondence dated January 9, 2008 from Canada Post regarding resolution passed by the County of Elgin. (Council requested staff to arrange for a presentation by Canada Post) File: A01 Council Minutes -28 - February 7, 2008 (c) Correspondence dated January 23 and 30, 2008 from the Association of Municipalities of Ontario regarding"AMO Supports FCM's Call for Intergovernmental Action on Housing and Homelessness", "AMO's Pre-Budget Submission Seeks Continued Transformation of Fiscal Arrangements" and"AMO's Response to a Commentary in Recent Edition of the Financial Post". File: A01 (d) Correspondence dated January 2008 from Ministry of Community Safety and Correctional Services regarding Emergency Planning and Management. File: A16 (e) Correspondence from Ministry of Agriculture, Food and Rural Affairs regarding "Growing Your Opportunities"workshop. File: A04 (f) Correspondence dated January 28, 2008 from Sean Hurley regarding"Port Burwell to host a sustainability 'show and tell' File: M06 (g) Correspondence from Ontario JPRM Committee regarding"June is Recreation and Parks Month"toolkit. File: R06 (h) Ministry of Citizenship and Immigration correspondence dated January 2008 advising that"Newcomer Champion Awards"nominations are open. File: A16 (i) Tourism London correspondence dated January 18, 2008 membership update. File: A01 6. PLANNING, DEVELOPMENT,RECREATION& TOURISM 1. CORRESPONDENCE&REPORTS (a) Libraries Museum Archives Cultural Services of Elgin County "Treasuring Our Community"package. File: R02 2008-052 Moved by C Evanitski Seconded by W Casier "THAT the Libraries Museum Archives Cultural Services of Elgin County "Treasuring Our Community" package be received for information." Disposition: Motion Carried Unanimously Council Minutes -29 - February 7, 2008 (b) Minutes of the Tourism&Community Marketing Committee meeting held January 16, 2008. File: C06 2008-053 Moved by M Taylor Seconded by C Evanitski "THAT the minutes of the Tourism& Community Marketing Committee meeting held January 16,2008 be received for information." Disposition: Motion Carried Unanimously (c) Correspondence dated January 31, 2008 from Port Burwell Business Development Association regarding"2007 In Review". File: C13 2008-054 Moved by M Taylor Seconded by C Evanitski "THAT the correspondence from the Port Burwell Business Development Association regarding"2007 In Review" be received for information." Disposition: Motion Carried Unanimously (d) Draft letter of response regarding request to recognize Tub Daze as a community festival File: A01 2008-055 Moved by M Taylor Seconded by C Evanitski "THAT the Council of the Municipality of Bayham supports the Tub Daze event to be held August 1st through August 31.'12008 in Port Burwell including the issuance of a Special Occasion Permit; AND THAT Council hereby designates Port Burwell Tub Daze as a Community Festival." Disposition: Motion Carried Unanimously (e) Staff Report D2008-009 regarding Penner Development Agreement for Water Line Extension. File: L04 Council Minutes - 30 - February 7, 2008 2008-056 Moved by C Evanitski Seconded by M Taylor "Staff Report D2008-009 be received; AND THAT By-law No.2008-019, being a By-law to authorize the execution of a Development Agreement for the extension of the water main along Pearl Street,in the Village of Vienna, between Johan and Katharina Penner and the Municipality, be presented to Council for enactment." Disposition: Motion Carried Unanimously 2008-057 Moved by M Taylor Seconded by E Ketchabaw "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 2. PUBLIC MEETINGS 1.(a) 7:30 p.m. —Rezoning Application: to change the zoning on 4012 m2 (1.0 acres) of land(severed parcel) from the Agriculture (Al)Zone to the Rural Residential (RR)Zone and the zoning on the 42.49 ha(105 acres) of land(retained parcel) submitted by Joseph and Heather Berzinis. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation: Staff Report D2008-007 was presented by the Planning Co- ordinator. She advised that the rezoning is a condition of a previous severance application and noted that Mr. David roe, consultant on behalf of the Berzinis' was in attendance to answer any questions. She added that no written comments or concerns had been received from the public. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2008-058 Moved by E Ketchabaw Seconded by M Taylor "THAT the Public Meeting be adjourned at 7:32 p.m." Disposition: Motion Carried Unanimously Council Minutes - 31 - February 7, 2008 7. Disposition of Item 2008-059 Moved by M Taylor Seconded by E Ketchabaw "THAT Staff Report D2008-007 be received; AND THAT the zoning on lands owned by Joseph and Heather Berzinis,located in Part Lot 20 Concession 2, subject to Elgin County Land Division Consent Application E87/07,be changed from Agriculture (Al) to Rural Residential(RR) on the proposed severed parcel and Special Agriculture (A2-6) on the proposed retained lands in Bayham Zoning By-law Z456-2003, as amended; AND THAT Zoning By-law Z558-2008 be presented to Council for enactment." Disposition: Motion Carried Unanimously 2008-060 Moved by M Taylor Seconded by E Ketchabaw "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.(b) 7:45 p.m. —Rezoning Application: to change the zoning on 11.63 hectare(28.74 acres) of land from Agriculture(Al)to Temporary 2 (A1/T2) for a three (3)year period submitted by John Wizniak File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. StaffPresentation: Staff Report D2008-008 was presented by the Planning Co- ordinator. She advised that the applicant was applying for a permanent zoning to permit a supplementary farm dwelling but that a temporary rezoning would be the recommendation to permit a temporary supplementary farm dwelling for a period of three years to house offshore labour. She noted that Mr. Wizniak was in attendance. She added that no written comments or concerns had been received from the public. 4. Public Comments Mr. Wizniak raised concerns about the three-year renewal requirement and the associated costs and requested Council to consider a renew for an extended term or alternately allowing this to become a permanent supplementary farm dwelling. Council Minutes - 32 - February 7, 2008 5. Council Comments and Questions Councillor Casier noted that the Official Plan is currently under review and suggested that changes may be available that would make such situations less of a burden on the farming sector. Councilor Ketchabaw agreed noting that small farm parcels are the most affected. He suggested hope that a solution may be found in the Official Plan review. The Planning Co-ordinator confirmed that the temporary zoning designation has a specific process to follow, with a maximum limit of 3 years. 6. Adjournment 2008-061 Moved by W Casier Seconded by E Ketchabaw "THAT the Public Meeting be adjourned at 7:50 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2008-062 Moved by E Ketchabaw Seconded by M Taylor "THAT Staff Report D2008-008 be received; AND THAT the zoning of those lands located in Concession 5 Part Lot 25 owned by John Wizniak be changed from Agriculture (Al) to Agriculture-Temporary 2(A1/T2) Zone to permit a supplementary farm dwelling in the form of a mobile home for a period not exceeding three (3)years, ending February 7,2011; AND THAT Zoning By-law Z559-2008, as presented in Option 1,be presented for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report DR2008-003 regarding Richmond Outlet Drain Report#205207 File: E09 Council Minutes - 33 - February 7, 2008 2008-063 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report DR2008-003 be received; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report#205207 dated December 31,2007 for the Richmond Outlet Drain, as prepared by the Engineer, Spriet Associates, and filed with the Clerk on January 17, 2008; AND THAT Council set a date for the Public Meeting to be held on February 21, 2008 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,in accordance with the Drainage Act." Disposition: Motion Carried Unanimously (b) Staff Report DR2008-004 regarding Centre Street, Vienna Line Drainage and Penner Mutual Drain Agreement. File: E09 2008-064 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report DR2008-004 be received; AND THAT Council requests the Road Superintendent to sign a petition for a Municipal Drain on Centre Street,Vienna." Disposition: Motion Carried Unanimously (c) Staff Report DR2008-005 regarding C.E. Smith Drain 2008 Report# 0717. File: E09 2008-065 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report DR2008-005 be received; THAT the Council of the Municipality of Bayham acknowledges the receipt of the Engineers report#0717 dated January 15,2008 for the C.E. Smith Municipal Drain 2008, as prepared by the Engineer,Dietrich Engineering Limited; Council Minutes - 34 - February 7, 2008 AND THAT the Municipality of Bayham directs the Drainage Superintendent to attend the public meeting on March 4,2008 to represent the Municipality as deemed necessary." Disposition: Motion Carried Unanimously (d) Staff Report DR2008-006 regarding Smith Municipal Drain 2008 Report#0708. File: E09 2008-066 Moved by W Casier Seconded by C Evanitski "THAT Staff Report DR2008-006 be received; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of the Engineers report#0708 dated January 15,2008 for the Smith Municipal Drain 2008 prepared by the Engineer,Dietrich Engineering Limited. AND THAT the Municipality of Bayham directs the Drainage Superintendent to attend the public meeting on March 4,2008 to represent the Municipality as deemed necessary. Disposition: Motion Carried Unanimously (e) Correspondence dated January 6, 2008 from Robert Lozon requesting permission to hold Canada Day Parade. File: T09 2008-067 Moved by M Taylor Seconded by C Evanitski "THAT the correspondence dated January 6, 2008 from Robert Lozon, Chair of Canada Day Celebrations Port Burwell Historical Society be received; THAT municipal streets in Port Burwell be used for a Canada Day Parade on July 1,2008 beginning at 11:00 a.m.; THAT the Municipality hereby requests permission from the County of Elgin to use Wellington Street from Elizabeth Street,west to Robinson Street; AND THAT The Bayham Public Works Superintendent take the necessary precautions for traffic control, safety and signage requirements." Disposition: Motion Carried Unanimously Council Minutes - 35 - February 7, 2008 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit Report for the month ending January 31, 2008. File: P10 2008-068 Moved by M Taylor Seconded by W Casier "THAT Building Permit report for the month ending January 31,2008 be received for information." Disposition: Motion Carried Unanimously (b) Summary 2007 Building Permit Report for the year ending December 31, 2007. File: P10 2008-069 Moved by M Taylor Seconded by W Casier "THAT Summary of 2007 Building Permits for the year ending December 31, 2007 be received for information." Disposition: Motion Carried Unanimously (c) Correspondence dated January 21, 2008 from Jan Collins on behalf of Vienna Skate Board Park/Library Committee requesting use of the back room of the Library. File: C13 2008-070 Moved by E Ketchabaw Seconded by W Casier "THAT the correspondence dated January 21,2008,from Jan Collins be received; AND THAT Council declines to grant permission to the Vienna Skate Board Park/ Library Committee to use the back room of the Library as a meeting place at this time." Disposition: Motion Carried Unanimously Council Minutes - 36 - February 7, 2008 9. FINANCE,ADMINISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#3880 to Cheque# 3978 inclusive, except Cheque #3907 totaling$198,585.92 and Payroll Disbursements for the periods ending January 13 and 27, 2008 totaling $50,540.98 & $51,095.64. 2008-071 Moved by W Casier Seconded by E Ketchabaw "THAT Cheque Register being Cheque #3880 to Cheque#3978 inclusive, except Cheque#3907 totaling$198,585.92 and Payroll Disbursements for the periods ending January 13 and 27,2008 totaling $50,540.98 & $51,095.64 be approved." Disposition: Motion Carried Unanimously (b) Staff Report PR2008-01 regarding Food Concession Tender—Municipal Beach. File: L04 2008-072 Moved by M Taylor Seconded by W Casier "THAT Staff Report PR2008-01 be received; AND THAT staff be authorized to issue a Request for Proposals to operate a Concession Food Booth on the beach at Port Burwell for the 2008 season, to provide option for the exclusion of maintenance and cleaning of the beach washroom facilities." Disposition: Motion Carried Unanimously (c) Staff Report F2008-08 regarding Investments 2007. File: F03.07 2008-073 Moved by W Casier Seconded by M Taylor "THAT Staff Report F2008-08 regarding Investments 2007 be received for information." Disposition: Motion Carried Unanimously Council Minutes - 37 - February 7, 2008 (d) Staff Report F2008-09 regarding MIII Grant Application. File: Fl1 2008-074 Moved by M Taylor Seconded by W Casier "THAT Staff Report F2008-09 be received; AND THAT By-Law 2008-016, being a by-law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation, be presented to Council for enactment." Disposition: Motion Carried Unanimously (e) Draft By-law#2008-020 amending appointment B/L#2008-001 to remove the name of R. Lee Locker from the Smuck Cemetery Board. 2008-075 Moved by W Casier Seconded by M Taylor "THAT Council accepts the resignation of R. Lee Locker from the Smuck Cemetery Board,with regret; AND THAT By-law 2008-020, being a by-law to amend appointments By-law 2008- 001, be presented to Council for enactment." Disposition: Motion Carried Unanimously (1) Draft Community Centres minutes of the meeting held January 24, 2008. File: C06 2008-076 Moved by W Casier Seconded by M Taylor "THAT the draft Community Centres Committee minutes of the meeting held January 24, 2008 be received; THAT Council acknowledges the use of open flame or decorative lighting devices at the Community Centres as identified in item 5(f); THAT Council supports the Community Centre rental rates and fees as recommended; Council Minutes - 38 - February 7, 2008 AND THAT a by-law to adopt the proposed rates and fees be prepared and presented to Council for approval at the next meeting." Disposition: Motion Carried Unanimously (g) Draft By-law 2008-017 authorizing a Loan with the Richmond Community Water Inc. 2008-077 Moved by E Ketchabaw Seconded by M Taylor "THAT By-law 2008-017, being a By-Law to authorize a loan to the Richmond Community Water Inc., be presented to Council for enactment." Disposition: Motion Carried Unanimously (h) Correspondence dated January 29, 2008 from the Canadian Red Cross requesting support for Lottery License#P071006. File: P09 2008-078 Moved by M Taylor Seconded by W Casier "THAT the correspondence dated January 29,2008 from the Canadian Red Cross be received; AND THAT the Council of the Municipality of Bayham supports the sale of lottery tickets in Bayham under Provincial Lottery License#P071006." Disposition: Motion Carried Unanimously (i) Staff Report C2008-003 regarding"Grow Your Own Nurse Practitioner funding. File: Flt 2008-079 Moved by W Casier Seconded by E Ketchabaw THAT Staff Report C2008-003 be received; AND THAT Council approves the opening of the building at 9299 Plank Road for the purpose of a clinic/office for the municipal Nurse Practitioner; AND THAT Staff be authorized to proceed with acquisition of office and medical supplies and equipment necessary to establish such clinic/office; Council Minutes - 39 - February 7, 2008 AND THAT staff be authorized to proceed with retaining administrative support for the Nurse Practitioner on a part-time basis." Disposition: Motion Carried Unanimously (j) Verbal Report regarding ice jam in Port Burwell harbour. 2008-080 Moved by M Taylor Seconded by W Casier "THAT Council express its concerns regarding flooding issues currently being experienced at the Port Burwell harbour to Joe Preston,M.P. and copied to the Department of Fisheries and Ocean and requesting that the DFO take measures to assist,including ongoing dredging works." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report E2008-001 regarding Municipal Drinking Water Licensing Program. File: E08 2008-081 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report E2008-001 be received; THAT Council endorses the Quality Management System team composition as outlined in Report E2008-001 and the creation of the required operational plan as set out in the Drinking Water Quality Management Standard; AND THAT Council appoints Ed Roloson as the quality management system representative and Adam Swance as an alternate." Disposition: Motion Carried Unanimously (b) Quarterly Reports for the Bayham Water Distribution System for the period ending December 31, 2007, Bayham Small Municipal Non-Residential Wells and Water System Call Ins for 2007 File: E08 Council Minutes - 40 - February 7, 2008 2008-082 Moved by W Casier Seconded by M Taylor "THAT Quarterly Reports for the Bayham Water Distribution System for the period ending December 31, 2007,the Bayham Small Municipal Non-Residential Wells and Water System Call Ins for 2007 be received for information." Disposition: Motion Carried Unanimously (c) Annual Compliance Summary for the period ending December 31, 2007 and Call Ins for the Port Burwell Wastewater Treatment Plant. File: E05 2008-083 Moved by W Casier Seconded by M Taylor "THAT the Annual Compliance Summary for the period ending December 31,2007 and Call Ins for the Port Burwell Wastewater Treatment Plant, 4th quarter, be received for information." Disposition: Motion Carried Unanimously (d) Correspondence dated January 7, 2008 from Ministry of the Environment, Safe Drinking Water Branch regarding"Notice of Release of the 2006-07 Inspection Rating Record". File: E05 2008-084 Moved by W Casier Seconded by M Taylor "THAT the correspondence from the Ministry of the Environment, Safe Drinking Water Branch, be received for information." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2008-085 Moved by E Ketchabaw Seconded by W Casier "THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal with business until 11 pm. at its meeting of February 7, 2008." Disposition: Motion Carried Unanimously Council Minutes - 41 - February 7, 2008 11. COMMITTEE OF THE WHOLE 2008-086 Moved by C Evanitski Seconded by M Taylor "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole at 9:49 p.m. to discuss: u a proposed or pending acquisition or disposition of land by the municipality or local board; u litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." Disposition: Motion Carried Unanimously 2008-087 Moved by M Taylor Seconded by C Evanitski "THAT the Committee of the Whole do now rise from the"In Camera" session at 10:07 p.m." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Closed session minutes of the regular meeting of Council held January 17, 2008. (b) Draft Community Centres minutes of the meeting held January 24, 2008. File: C06 Clerk's note: Resolution#'s 2008-088 &2008-089 VOID Council Minutes -42 - February 7, 2008 (c) Verbal Report regarding a confidential disposition/ acquisition of land. (d) Verbal Report regarding a confidential law enforcement matter. (e) Verbal Report regarding a confidential disposition/acquisition of land. 12. BY-LAWS By-law Z558-2008 A By-law to further amend Bayham Zoning B/L Z456-2003 (Berzinis) By-law Z559-2008 A By-law to further amend Bayham Zoning B/L Z456-2003 (Wizniak) By-law 2008-016 A By-law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation By-law 2008-017 A By-law to authorize a loan to the Richmond Community Water Inc. By-law 2008-018 A By-law to authorize the execution of a mutual drain agreement with Johan and Katharina Penner By-law 2008-019 A By-law to authorize the execution of a development agreement for the extension of the water main on Pearl Street, Vienna, with Johan and Katharina Penner By-law 2008-020 A By-law to amend B/L 2008-001 (appoint members to boards and committees) By-law 2008- 021 A By-law to confirm all actions of Council 2008-090 Moved by E Ketchabaw Seconded by C Evanitski "THAT By-laws Z558-2008, Z559-2008, 2008-016,2008-017,2008-018, 2008-019 and 2008-020 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2008-091 Moved by M Taylor Seconded by C Evanitski "THAT confirming By-law 2008-021 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously Council Minutes - 43 - February 7, 2008 13. ADJOURNMENT 2008-092 Moved by M Taylor Seconded by C Evanitski "THAT the Council meeting be adjourned at 10:09 p.m." Disposition: Motion Carried Unanimously 43 a, MAY CLQ RK Date Approved fO g