HomeMy WebLinkAboutJuly 03, 2008 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday July 3, 2008
7:00 p.m.
7:30 p.m. Public Meeting—Planning (Zoning—Harms/Hildebrandt)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
July 3, 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 Deputy Clerk Margaret Underhill.
Treasurer Suzanna Mantel, 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 June 19, 2008
2008-363 Moved by W Casier
Seconded by E Ketchabaw
"THAT minutes of the regular meeting of Council held June 19,2008 be approved
as circulated."
Disposition: Motion Carried Unanimously
4. DELEGATIONS None
5. INFORMATION ITEMS
2008-364 Moved by E Ketchabaw
Seconded by W Casier
"THAT information items 5(a) through 5(j) be received for information."
Council Minutes - 177 - July 3, 2008
Disposition: Motion Carried Unanimously
(a) Correspondence received June 19/08 from Charity Plus Promotions regarding
presentation of"The Cash Family Story" at the Royal Canadian Legion,Aylmer Branch.
File: A04
(b) Correspondence dated June 5, 2008 from Ministry of the Attorney General regarding the
"Attorney General's Victim Services Awards of Distinction".
File: A16
(c) Correspondence dated June 16, 2008 from the Association of Municipalities of Ontario
regarding"Ontario Human Rights Code Changes".
File: A01
(d) Correspondence dated June 13, 2008 from the Minister Municipal Affairs and Housing,
Association of Municipal Managers, Clerks and Treasurers of Ontario and Association of
Municipalities of Ontario regarding"2008 Local Government Week.
File: A01
(e) "Thank you" card received June 23, 2008 from Ontario Early Years Elgin-Middlesex-
London along with 2007/2008 Report.
File: S07
(f) Member Advisory dated June 18, 2008 from Federation of Canadian Municipalities
regarding"Municipal Partnership Program—Cambodia".
File: A01
(g) Correspondence dated June 18 and 19, 2008 from Ministry of Municipal Affairs and
Housing regarding"Residential Fire Sprinklers" and"The 2009 Rent Increase
Guideline".
File: A16
(h) Correspondence dated June 24, 2008 from Ministry of Health Promotion regarding
"Mapping Component of the Ontario Trails Strategy".
File: A16
(i) Correspondence dated June 23, 2008 from Township of Malahide regarding"Natural
Resource Gas Ltd. Franchise Agreements Business Practices -Deposits".
File: A16
6) Correspondence dated June 30, 2008 from Ontario Property and Environmental Rights
Alliance regarding"Species at Risk Act(ESA2007)
File: A01
Council Minutes - 178 - July 3, 2008
6. PLANNING, DEVELOPMENT,RECREATION & TOURISM
I. CORRESPONDENCE&REPORTS
(a) Correspondence dated June 18, 2008 from Deb Travis,Rec Society and Paul Vyse,
Optimist regarding"2008 Tub Daze".
File: R06
2008-365 Moved by W Casier
Seconded by M Taylor
"THAT the correspondence dated June 18, 2008 from Port Burwell/Otter Valley
Optimists and Port Burwell Recreation Society be received:
THAT the Tub Daze activities on the East Beach in Port Burwell request for
exemption from Noise Control By-law No.2001-57 until 1:00 a.m. on August 2, 3
and 4,2008 be approved;
AND THAT Council approves use of the east beach by the Port Burwell
Recreation Society and the Otter Valley/Port Burwell Optimist Club for
Tub Daze celebration activities to be held August 1,2,3 and 4,2008,
including a beer tent, subject to meeting the requirements of the Municipal
Alcohol Policy including a minimum of six (6) STP trained personnel and two
(2) off-duty Police Officers or equivalent being on site during all hours for
which the beer tent is open and those listed on the Outdoor Special Occasion
Permit Application, and also subject to:
• the applicable municipal building permit, sign and/or tent permits be
obtained from the Chief Building Official and the necessary inspections
undertaken;
• any required permit fees be paid to the Municipality of Bayham, except
for a tent;
• providing the municipality with proof of certification for the
pyrotechnician who will be responsible for the fireworks;
• providing the municipality with proof of liability insurance to
cover all events including naming the municipality as an
additional insured;
• obtaining the necessary approvals from the Ontario Provincial
Police and the Bayham Fire Chief, as per completion of the
Municipal Event Notice;
THAT all other terms and conditions of the municipal rental agreement remain in
effect;
THAT the clean up of the east beach area and any costs thereof, be the
responsibility of the organizers;
Council Minutes - 179 - July 3, 2008
THAT arrangements be made with the Public Works Superintendent to provide
staff assistance for installation of fence and stage assembly and removal;
THAT the Public Works Superintendent makes the necessary arrangements for
traffic control and safety."
Disposition: Motion Carried Unanimously
(b) Staff Report D2008-31 regarding Crouse Severances E43/08 and E44/08.
File: D10
2008-366 Moved by M Taylor
Seconded by W Casier
"THAT Staff Report D2008-031 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
consent application E43/08, submitted by Alda Crouse, for an easement for a shared
driveway with the adjacent property be approved;
AND THAT Council recommend to the Elgin County Land Division Committee that
consent application E44/08, submitted by Alda Crouse,for a lot addition be
approved subject to:
1. a final survey submitted to the municipality
2. a Minor Variance approval from the Bayham Committee of Adjustment
3. Letter of Undertaking confirming that the severed parcel will merge with the
adjacent property identified as assessment roll# 34-01-000-007-12200
4. apportionment of assessment for drainage as per the Drainage Act
requirements, as applicable"
Disposition: Motion Carried Unanimously
2008-367 Moved by E Ketchabaw
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. —Official Plan Amendment Application and Rezoning Application:
to amend the Official Plan and Zoning By-law to change the designation and
Council Minutes - 180 - July 3, 2008
zoning of a portion of lands located at 9177 Plank Road, Straffordville. Submitted
by Ben and Sara Harms acting as agents for John and Wilhelm Hildebrandt.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation: Staff Report D2008-032 was presented by Planning
Coordinator/Deputy Clerk Margaret Underhill. She explained that the
applications propose changing the designation on a portion of the property from
"Commercial"to "Residential" and that by changing the designation it would be
more compatible with the surrounding land use. She added that no written
comments or concerns had been received from the public.
4. Public Comments
Signed in Attendees: David Roe, Ronny Ledoux
D. Roe, appointed agent for the applicants, explained that the proposal is in
compliance with the Provincial Policy Statement 2005 and the proposed use is
suitable with the surrounding residential uses.
R. Ledoux explained that he is an adjacent landowner and asked about the
possibility of purchasing a portion of the easterly lot from the owners. D. Roe
replied by saying that discussions can take place at a later date and if required, the
configuration of the lots for severance and zoning could be adjusted accordingly.
S. Council Comments and Questions
Councillor Casier asked what size of house would fit on the smaller easterly lot to
which D. Roe responded by saying a house could meet the zoning requirements
but would most likely be two-storey to achieve the required square footage.
6. Adjournment
2008-368 Moved by W Casier
Seconded by E Ketchabaw
"THAT the Public Meeting be adjourned at 7:45 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Items
2008-369 Moved by E Ketchabaw
Seconded by W Casier
Council Minutes - 181 - July 3, 2008
"THAT Staff Report D2008-032 regarding Harms/Hildebrandt Official Plan
Amendment and Rezoning be received;
AND THAT Official Plan Amendment No. 9 regarding a portion of lands designated
"Commercial" being changed to "Residential" in the Municipality of Bayham
Official Plan be adopted and forwarded to the Ministry of Municipal Affairs and
Housing for approval;
AND THAT By-law 2008-069, being an approval by-law for Official Plan
Amendment No. 9, be presented to Council for enactment."
AND THAT subject to the provincial approval of the Official Plan Amendment No.
9 that Zoning By-law Z456-2003, as amended, be further amended by changing the
zoning on the portion of the subject lands from the Central Business District(C1)
Zone to the Site-Specific Village Residential(R1- 8);
AND THAT Zoning By-law Z563-2008 be presented to Council for first and second
reading."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) By-Law#2008-023 regarding Richmond Outlet Drain (Third Reading).
File: CO1
2008-370 Moved by W Casier
Seconded by E Ketchabaw
"THAT By-Law 2008-023 be presented to Council for Third Reading and
Enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report PW2008-02 regarding Oversize/Overweight Vehicle Permits.
File: P11
2008-371 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Report PW2008-02 be received;
Council Minutes - 182 - July 3, 2008
AND THAT the issue be deferred."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORT No Items
9. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#4704 to Cheque#4816 inclusive, totaling
$1,153,235.96 and Payroll Disbursements for the period ending June 15, 2008
totaling$95,310.74.
2008-372 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Cheque Register being Cheque#4704 to Cheque#4816 inclusive,
totaling $1,153,235.96 and Payroll Disbursements for the period ending June
15, 2008 totaling$95,310.74, be approved."
Disposition: Motion Carried Unanimously
(b) Correspondence dated June 2008 from Canadian Union of Postal Workers regarding
"Urgent request for submissions to save universal,public postal service".
File: A01
2008-373 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT the Correspondence dated June 2008 from Canadian Union of Postal
Workers be received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated June 13, 2008 from Scott Brunelle requesting financial
sponsorship regarding the"World Leadership Conference".
File: C13
2008-374 Moved by E Ketchabaw
Council Minutes - 183 - July 3, 2008
Seconded by C Evanitski
"THAT the fmancial sponsorship request from Scott Brunelle regarding the "World
Leadership Conference be received;
AND THAT Council grant$200 (two hundred dollars) to offset Mr. Brunelle's
travel costs for this conference from its Community Grants Reserve."
Disposition: Motion Carried Unanimously
(d) Staff Report F2008-22 regarding Drain maintenance. (Breakdown attached to By/Law
2008-064 available for review)
File: F22
2008-375 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Report F2008-22 regarding Drain Maintenance be received;
AND THAT By-Law 2008-064 being a by-law to provide for the maintenance
of drains within the municipality and to raise the sum of$19,937.83 to cover the
costs be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Staff Report F2008-24 regarding Power Play Grant.
File: Fl i
2008-376 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report F2008-24 regarding Power Play Grant be received;
AND THAT by-law 2008-067 being a by-law to authorize the execution of an
agreement between the Municipality of Bayham and Hydro One Networks Inc. for
the provision of funding for playground improvements be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(f) Staff Report F2008-25 regarding CIBC Loan Agreement.
File: L04
Council Minutes - 184 - July 3, 2008
2008-377 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report F2008-25 regarding CIBC Loan Agreement be
received;
AND THAT By-Law 2008-068 being a by-law to authorize the execution of
an agreement with Canadian Imperial Bank of Commerce be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(g) Staff Report F2008-26 regarding Financial Report.
File: F03
2008-378 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report F2008-26 regarding Financial Reporting be received."
Disposition: Motion Carried Unanimously
(h) Staff Report F2008-27 regarding Telpay Banking Agreement.
File: L04
2008-379 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report F2008-27 regarding Telpay Banking Agreement be
received;
AND THAT By-Law 2008-071 being a by-law to authorize the execution of
an agreement with TelPay Incorporated be presented to council for
enactment."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Staff Report E2008-004 regarding MOE Communal Sewage Inspection Report.
File: E03
Council Minutes - 185 - July 3, 2008
2008-380 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report E2008-004 regarding MOE Communal Sewage
Inspection Report be received for information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2008-381 Moved by W Casier
Seconded by E Ketchabaw
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 8:25 p.m. to discuss:
❑ personal matters about an identifiable individual,including municipal or
local board employees;
Disposition: Motion Carried Unanimously
2008-382 Moved by E Ketchabaw
Seconded by W Casier
"THAT the Committee of the Whole do now rise from the "In Camera" session at
8:34 p.m."
Disposition: Motion Carried Unanimously
I. CORRESPONDENCE&REPORTS
(a) Closed session minutes of the regular meeting of Council held June 19,2008.
(b) Verbal report regarding a confidential personal matter.
2008-383 Moved by W Casier
Seconded by M Taylor
"THAT the report regarding a confidential personal matter be received;
AND THAT Council accepts the letter of resignation from Robert Bartlett;
Council Minutes - 186 - July 3, 2008
AND wishes to acknowledge his 35 years of valuable service to the Municipality of
Bayham."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law Z563-2008 A By-law to further amend Bayham Zoning B/L Z456-2003
(Harms/Hildebrandt)
By-law 2008-023 A By-law to provide for Drainage Works (Richmond Outlet Drain
Third Reading)
By-law 2008-064 A By-law to provide for the maintenance of drains and to raise
$19,937.83 to cover costs
By-law 2008-067 A By-law to authorize the execution of a funding agreement for
playground improvements (Hydro One Networks Inc)
By-law 2008-068 A By-law to authorize the execution of a Credit Agreement(CIBC)
By-law 2008-069 A By-law to approve Official Plan Amendment No. 9
(Harms/Hildebrandt)
By-law 2008-070 A By-law to confirm all actions of Council
By-law 2008-071 A By-law to authorize the execution of a financial services agreement
2008-384 Moved by M Taylor
Seconded by C Evanitski
"THAT By-laws 2008-064,2008-067,2008-068, 2008-069 and 2008-071 be read a
first, second and third time and finally passed;
AND THAT By-law Z563-2008 be read a first and second time only;
AND THAT By-law 2008-023 be read a third and final time."
Disposition: Motion Carried Unanimously
2008-385 Moved by M Taylor
Seconded by C Evanitski
Council Minutes - 187 - July 3, 2008
"THAT confirming By-law 2008-070 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2008-386 Moved by W Casier
Seconded by E Ketchabaw
"THAT the Council meeting be adjourned at 8:40 p.m."
Disposition: Motion Carried Unanimously
gA4:}U--
hAWII.
MAYOEP T�► CLQ w
Date Approved: I '7, gin )1