HomeMy WebLinkAboutMay 15, 2008 - Council COUNCIL AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday May 15,2008
7:00 p.m.
7:30 p.m. Public Meeting—Planning (Zoning)
6:00 p.m. SPECIAL SESSION
OFFICIAL PLAN 5 YEAR REVIEW
Presentation of discussion papers—Derek Dudek, IBI Group
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
May 15, 2008 in Council Chambers. Present were Mayor Lynn Acre, Councillors Mark
Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Planning
Coordinator/Deputy Clerk Margaret Underhill. Deputy Mayor Cliff Evanitski was
absent.
Fire Chief Paul Groeneveld was in attendance to present his report.
1. CALL TO ORDER Mayor Acre called the meeting to order at 7:10 p. m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF None
3. APPROVAL OF MINUTES
Minutes of the regular meeting of Council held May 1, 2008
2008-271 Moved by E Ketchabaw
Seconded by M Taylor
"THAT minutes of the regular meeting of Council held May 1,2008 be approved as
circulated."
Disposition: Motion Carried Unanimously
Council Minutes - 135 - May 15, 2008
ADDED ITEMS
2008-272 Moved by E Ketchabaw
Seconded by M Taylor
"THAT in accordance with Section 21 of Procedural By-law 2002-93,County of
Elgin correspondence dated April 29,2008 and attached Drainage Tribunal Appeal
be added to the agenda as items 7.1(d)."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:11 p.m.—Inspector Ryan Cox,Detachment Commander Elgin County OPP and
Kathleen Schaper, Police Services Board were in attendance to present the Year End
2007 Report and Report for January—March 2008.
Item 8.1(b)
Kathleen Schaper thanked Council for the opportunity to attend the meeting and
introduced Inspector Ryan Cox to present the reports. Inspector Cox highlighted several
items in the reports, including the significant decrease in the number of"break and
enters" and"motor vehicle collisions"in 2007.
Inspector Cox presented the Business Plan for 2008 adding that he is committed to
ensuring that the officers work with the communities to promote safety and awareness,
which will benefit all residents.
Inspector Cox thanked Council for the opportunity to attend the meeting and responded to
questions from Council.
7:29 p.m.—Brent Stewart and David Roe were in attendance to present concerns
regarding the Official Plan Review.
Mr. Roe expressed concern regarding the soils, agricultural, specialty crop and land
inventory mapping of Elgin County, specifically Bayham,used by the Ministry in making
land designation decisions. He added that the Provincial Policy 2005 focuses on the
Niagara and Holland Marsh areas and deems all of southwestern Ontario as prime
agricultural area. Mr. Roe has the opinion that Bayham lands once considered specialty
and prime would be more suitably designated as rural lands. He expressed an interest in
working with the municipal planner and with the Township of Malahide to update the soil
mapping.
Council Minutes - 136 - May 15, 2008
Mr. Roe stated that the Ministry of Environment and Ministry of Municipal Affairs &
Housing are concerned with development on partial servicing and that their concern
limits development in Elgin,unlike other counties where there is local planning authority
providing more flexibility.
Councillor Casier thanked Mr. Roe for his input. Mr. Roe thanked Council for the
opportunity to address this issue and stated that he would keep in contact with municipal
staff regarding future ministry discussions.
5. INFORMATION ITEMS
2008-273 Moved by M Taylor
Seconded by E Ketchabaw
"THAT information items 5(a) through 5(k) be received for information."
Disposition: Motion Carried Unanimously
(a) Edison Museum of Vienna Building Committee draft minutes of meeting held February
18, 2008 and April 29, 2008.
File: C06
(b) Economic Development task Force minutes of meeting held April 11, 2008.
File: A16
(c) Correspondence dated April 28, 2008 from the Local Authority Services Ltd. regarding
"Energy Management Updates".
File: A01
(d) Correspondence dated April 2008 from County of Elgin Economic Development and
Tourism Services regarding"Premier Ranked Tourist Destination Framework Project".
File: A01
(e) Copy of correspondence dated April 25, 2008 from Steve Peters, MPP, and Elgin—
Middlesex—London to Honourable Lawrence Cannon, Minister of Transport,
Infrastructure and Communities regarding"Dredging of the harbours at Port Stanley and
Port Burwell".
File: A16
(f) Correspondence received April 30, 2008 from East Elgin Community Complex regarding
"2008 Ontario Singles Tournament—June 2008 and 2009 Canadian Horseshoe Pitching
Championships—July 2009".
File: A04
Council Minutes - 137 - May 15, 2008
(g) Correspondence dated April 24, 2008 from Municipal Property Assessment Corporation
regarding"2007 Annual Report and Financial Statements". Full report available online
at www.mpac.ca
File: A16
(h) Correspondence dated April 15, 2008 from the Kettle Creek Conservation Authority
regarding"Appointment to KCCA Staff'.
File: A16
(i) Correspondence dated April 25, 2008 from the Ministry Responsible for Seniors
regarding"Seniors Month in Ontario" and a sample proclamation.
File: A16
(j) Correspondence dated April 2008 from Ontario Power Generation along with semi-
annual Performance Report. DVD available
File: A01
(k) Correspondence dated May 5, 2008 from the College of Physicians and Surgeons of
Ontario regarding"The Council Award Honouring Outstanding Ontario Physicians".
File: M02
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2008-017 regarding Nez Farms Limited severance application.
File: D10.08
2008-274 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report D2008-017 regarding the Nez Farms Limited. Severance—Lot
Addition be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E14/08, submitted by Nez Farms Limited,be approved
subject to:
1. the severed parcel be rezoned from Special Agriculture (A2) to Rural
Residential (RR);
2. a copy of the final survey provided to the municipality;
3. apportionment of assessment for drainage as per the Drainage Act
requirements, as applicable;
4. Letter of Undertaking confirming the conveyance of the severed
parcel to the adjacent property owned by Trevor and Jennifer Fulton
identified as assessment Roll# 34-01-000-002-09450."
Disposition: Motion Carried Unanimously
Council Minutes - 138 - May 15, 2008
(b) Staff Report D2008-018 regarding Schipper severance application.
File: D10.08
2008-275 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report D2008-018 regarding the Schipper Severance—Surplus Farm
Dwelling be received;
"AND THAT Council recommend to the Elgin County Land Division Committee
that severance application E18/08, submitted by Harry and Grace Schipper, be
deferred."
Disposition: Motion Carried Unanimously
(c) Staff Report D2008-019 regarding Crouse severance application.
File: D10.08
2008-276 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report D2008-019 regarding the Crouse Severance—Lot Addition be
received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E15/08, submitted by Alda Marie Crouse,be approved
subject to:
1. a copy of the fmal survey provided to the municipality;
2. apportionment of assessment for drainage as per the Drainage Act
requirements, as applicable;
3. Letter of Undertaking confirming the conveyance of the severed
parcel to the adjacent property owned by Lawrence Malcolm
Crouse identified as assessment Roll#34-01-000-007-122."
Disposition: Motion Carried Unanimously
(d) Staff Report D2008-020 regarding Drieghe severance application.
File: D10.08
2008-277 Moved by M Taylor
Seconded by W Casier
"THAT Staff Report D2008-020 regarding the Drieghe Severance—Lot Addition be
received;
Council Minutes - 139 - May 15, 2008
"AND THAT Council recommend to the Elgin County Land Division Committee
that severance application E20/08, submitted by Mark Drieghe, be approved subject
to:
1. a copy of the fmal survey provided to the municipality;
2. rezoning of the severed parcel;
3. Letter of Undertaking confirming the conveyance of the severed
parcel to the adjacent property owned by Mark Drieghe identified
as assessment Roll# 34-01-000-002-16710."
Disposition: Motion Carried Unanimously
(e) Staff Report D2008-21 regarding Graydon severance application.
File: D10.08
2008-278 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report D2008-021 regarding the Graydon Severance—Lot Creation be
received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E19/08, submitted by Brian Graydon, be approved subject to:
1. copy of the fmal survey provided to the municipality;
2. $500 cash-in-lieu of parkland dedication fee;
3. apportionment of assessment for drainage as per the Drainage Act
requirements;
4. purchase of a 911 property identification sign."
Disposition: Motion Carried Unanimously
2008-279 Moved by M Taylor
Seconded by W Casier
"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 MEETING
1.(a) 7:30 p.m.—Rezoning Application: to change the zoning on a 42.1 hectare(104
acre)parcel of land from Agricultural (Al-A) Zone to the Agricultural/
Temporary(Al-A/T4) Zone submitted by B & S Crevits Farms Ltd. (Brian&
Susan Crevits)
Council Minutes - 140 - May 15, 2008
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation: Staff Report D2008-016 was presented by Planning
Coordinator/Deputy Clerk Margaret Underhill. 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
2008-280 Moved by W Casier
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 7:42 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2008-281 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report D2008-016 regarding the Crevits Rezoning Application be
received;
"AND THAT the zoning of those lands located at 57575 Light Line in Concession 3
Part Lot 26 owned by B & S Crevits Farms Ltd. be changed from Agricultural (Al-
A) to Agricultural Temporary(A1-A/T4) Zone to permit a second supplementary
farm dwelling unit for a period not exceeding three (3) years, ending May 15,2011;
AND THAT Temporary Zoning By-law Z561-2008 be presented for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report DR2008-014 regarding Bryant Municipal Drain.
File: E09
Council Minutes - 141 - May 15, 2008
2008-282 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report DR2008-014 regarding Bryant Municipal Drain be
received;
AND THAT the Drainage Superintendent's reassessment as set out in
"Agreement between Property Owners for Drainage Apportionment due to
Land Severance or Sale" as executed by Robbie & Lisa Tracey and Henry&
Margaretha Froese is hereby filed and accepted by Council;
AND THAT By-law#2008-052 being a By-law to amend the drainage
assessment for those lands identified as Assessment Roll#34-01-000-003-
06000 in the watershed of the Bryant Municipal Drain referred to in
Engineer's Report forming part of Bayham Township By-law#1567, be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report DR2008-015 regarding Bryant Municipal Drain.
File: E09
2008-283 Moved by E Ketchabaw
Seconded by M Taylor
"THAT Staff Report DR2008-015 regarding Bryant Municipal Drain be
received;
AND THAT the Drainage Superintendent's reassessment as set out in
"Agreement between Property Owners for Drainage Apportionment due to
Land Severance or Sale" as executed by Jeanne Sturdy and Henry&
Margaretha Froese is hereby filed and accepted by Council;
AND THAT By-law#2008-054 being a By-law to amend the drainage
assessment for those lands identified as Assessment Roll#34-01-000-003-
06000 in the watershed of the Bryant Municipal Drain referred to in
Engineer's Report forming part of Bayham Township By-law#1567,be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Correspondence dated May 8, 2008 from Edison Fest 2008 committee regarding
"Edison Fest".
File: R06
Council Minutes - 142 - May 15, 2008
2008-284 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the correspondence from Edison Fest 2008 committee be received;
THAT the Council of the Municipality of Bayham approves the request for
permission to use the Memorial Park in Vienna for the Edison Fest to be held
Saturday June 7,2008 from 8:00 a.m. until 11:00 p.m.;
THAT North Street in Vienna from Chapel Street to King Street be temporarily
closed for the duration of the soap box derby;
AND THAT the Bayham Public Works Superintendent be directed to provide the
necessary provisions for traffic control and safety."
Disposition: Motion Carried Unanimously
(d) Correspondence dated April 29, 2008 from County of Elgin regarding Richmond
Outlet Drain—Tribunal Appeal and attached Notice of Appeal to Ontario
Drainage Tribunal.
File: E09
2008-285 Moved by M Taylor
Seconded by E Ketchabaw
"THAT the correspondence dated April 29,2008 from County of Elgin and the
attached Notice of Appeal to Ontario Drainage Tribunal be received for
information."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending April 30, 2008.
File: P10
2008-286 Moved by E Ketchabaw
Seconded by M Taylor
"THAT Building Permit Report for the month ending April 30,2008 be received for
information."
Disposition: Motion Carried Unanimously
Council Minutes - 143 - May 15, 2008
(b) Elgin County OPP Group Detachment Commander's Report for the Year End
2007 and January—March 2008.
File: P17
2008-287 Moved by M Taylor
Seconded by E Ketchabaw
"THAT Elgin County OPP Group detachment Commander's Report for the Year
End 2007 and January—March 2008 be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report P2008-010 regarding Water Rescue Training.
File: P16
2008-288 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report P2008-010 regarding fire department water rescue training be
received for information."
Disposition: Motion Carried Unanimously
(d) Correspondence dated May 7, 2008 from Ministry of Community Safety and Correctional
Services regarding"mandatory emergency management program—2008".
File: A16
2008-289 Moved by W Casier
Seconded by M Taylor
"That the correspondence from Ministry of Community Safety and Correctional
Services regarding mandatory emergency management program- 2008 be received
for information."
Disposition: Motion Carried Unanimously
(e) Correspondence received May 2, 2008 from Johnny Friesen requesting use of Port
Burwell Memorial Park for a wedding on July 12, 2008.
File: C13
Council Minutes - 144 - May 15, 2008
2008-290 Moved by M Taylor
Seconded by E Ketchabaw
"THAT the correspondence from Johnny Friesen be received;
AND THAT permission be granted to use the Memorial Park in Port Burwell
on Saturday July 12,2008 between 12 noon and 5:30 p.m. subject to:
❑ provision of proof of liability insurance coverage naming the
Municipality of Bayham as an additional insured,in the amount of$2
million, and
❑ clean up and repair of any damage to the park area be the
responsibility of the organizers."
Disposition: Motion Carried Unanimously
(f) Correspondence dated April 30, 2008 from Hobie Cat regarding"Hobie Cat regatta June
13, 14, & 15, 2008".
File: C13
2008-291 Moved by M Taylor
Seconded by E Ketchabaw
"THAT the letter dated April 30, 2008 from Hobie Cat regarding "Hobie Cat
regatta June 13, 14 & 15, 2008 at the Port Burwell Provincial Park be received for
information."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION& PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#4466 to Cheque#4533 inclusive, totaling
$176,959.71 and Payroll Disbursements for the period ending May 4, 2008
totaling$52,359.27.
2008-292 Moved by M Taylor
Seconded by E Ketchabaw
"THAT the Cheque Register being Cheque#4466 to Cheque#4533 inclusive,
totaling$176,959.71and Payroll Disbursements for the period ending May 4,
2008 totaling$52,359.27 be approved."
Disposition: Motion Carried Unanimously
Council Minutes - 145 - May 15, 2008
(b) Staff Report F2008-18 regarding detailed Financial Report ending April 30, 2008.
File: F03
2008-293 Moved by E Ketchabaw
Seconded by M Taylor
"THAT Staff Report F2008-18 regarding Financial Report ending April 20, 2008 be
received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report F2008-19 regarding Landscape Quotations.
File: F18
2008-294 Moved by E Ketchabaw
Seconded by M Taylor
"That Staff Report F2008-19 regarding Landscape Quotations be received;
AND THAT staff be directed to prepare the necessary by-law to amend the
agreement between the Municipality of Bayham and Randy Beach for the provision
of landscape services. "
Disposition: Motion Carried Unanimously
(d) Cemeteries Board draft minutes from the meeting held April 22, 2008, correspondence
and draft by-law.
File: C06
2008-295 Moved by M Taylor
Seconded by W Casier
"That Cemeteries Board draft minutes of meeting held April 22,2008 and
correspondence dated February 27,2008 from the Ministry of Government and
Consumer Services be received;
AND THAT Council approves the rates and fees as recommended being:
Interment Rights $250.00
Care & Maintenance $200.00
Cremation Fee $200.00
Transfer Fee $ 25.00;
AND THAT a by-law be prepared to adopt the rates & fees;
Council Minutes - 146 - May 15, 2008
AND THAT Staff be directed to take the necessary steps for Ministry approval and
to meet the requirements of the Cemeteries Act as outlined in the correspondence."
Disposition: Motion Carried Unanimously
2008-296 Moved by W Casier
Seconded by M Taylor
"That Staff be directed to complete and submit the Consent Application in regard to
the Calton Cemetery to the Ministry of Government and Consumer Services for
approval."
Disposition: Motion Carried Unanimously
2008-297 Moved by W Casier
Seconded by E Ketchabaw
"That By-Law#2008-053 being a By-law to appoint Joan Gregson to the Smuck
Cemetery Board be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Correspondence dated April 29, 2008 from The Town of Aylmer regarding"Doors Open
Ontario".
File: A16
2008-298 Moved by W Casier
Seconded by E Ketchabaw
"That the correspondence dated April 29,2008 from The Town of Aylmer regarding
"Doors Open Ontario" be received;
AND THAT Mayor Lynn Acre be the representative on the Organizing committee,
with Councillor Casier as alternate."
Disposition: Motion Carried Unanimously
(f) Correspondence dated May 5, 2008 from County of Elgin regarding"2008 County
Rates".
File: F05
Council Minutes - 147 - May 15, 2008
2008-299 Moved by E Ketchabaw
Seconded by W Casier
"That the correspondence dated May 5, 2008 from the County of Elgin regarding
By-Law 08-06 establishing 2008 County Tax Rates be received for information".
Disposition: Motion Carried Unanimously
(g) Staff Report PR2008-06 regarding Maintenance—Municipal Beach Washrooms
File: D10
2008-300 Moved by M Taylor
Seconded by W Casier
"That Staff Report PR2008-06 regarding Maintenance-Municipal Beach
Washrooms be received;
AND THAT the proposal for supervision and maintenance of the beach
washrooms from Bob and Nancy Lozon be accepted in principal, subject to
confirmation in mid-August 2008 to ensure that sufficient funds appear
available in the beach maintenance budget."
Disposition: Motion Carried Unanimously
(h) Staff Memorandum regarding Edison Fest Grants 2008.
File: F l i
2008-301 Moved by M Taylor
Seconded by E Ketchabaw
"That Staff Memorandum regarding Edison Fest Grants 2008 be received;
AND THAT Council allocates an additional$1,000.00 to Edison Fest from the
Festivals budget."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS No Items
Council Minutes - 148 - May 15, 2008
11. COMMITTEE OF THE WHOLE
2008-302 Moved by M Taylor
Seconded by W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 10:05 p.m. to discuss personal matters about an identifiable
individual,including municipal or local board employees."
Disposition: Motion Carried Unanimously
2008-303 Moved by W Casier
Seconded by M Taylor
"THAT the Committee of the Whole do now rise from the "In Camera" session at
10:25 p.m."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Closed session minutes of the regular meeting of Council held May 1, 2008.
(b) Confidential Staff Report H2008-07 regarding Personal matter.
File: H
(c) Confidential memorandum regarding Personal matter.
File: H
12. BY-LAWS
By-law Z561-2008 A By-law to further amend By-law Z456-2003 (B & S Crevits
Farms Ltd.)
By-law 2008-052 A By-law to further amend Twp of Bayham B/L#1567 Bryant
Drain
By-law 2008-053 A By-law to further amend B/L #2008-001 (Committee Appointments)
By-law 2008-054 A By-law to further amend Twp of Bayham B/L#1567 Bryant
Drain
By-law 2008-055 A By-law to confirm all actions of Council
Council Minutes - 149 - May 15, 2008
2008-304 Moved by M Taylor
Seconded by W Casier
"THAT By-law Z561-2008,2008-052, 2008-053 and 2008-054 be read a first, second
and third time and finally passed."
Disposition: Motion Carried Unanimously
2008-305 Moved by W Casier
Seconded by E Ketchabaw
"THAT confirming By-law 2008-055 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2008-306 Moved by W Casier
Seconded by E Ketchabaw
"THAT the Council meeting be adjourned at 10:36 p.m."
Disposition: Motion Carried Unanimously
ZrJavtt_ DEPUTE CLERK
Date Approved: ' 5- •
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