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HomeMy WebLinkAboutJanuary 18, 2007 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 PIank Road, Straffordville Thursday January 18, 2007 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on Thursday,January18, 2007 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, Treasurer Suzann Mantel, Water/Wastewater Superintendent Ed Roloson and Fire Chief Paul Groeneveld 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 4, 2007 2007-025 Moved by C. Evanitski Seconded by M. Taylor "THAT the minutes of the Regular Meeting of Council held January 4,2007 be approved as circulated." Disposition: Motion Carried Unanimously ADDED ITEM 2007-026 Moved by W. Casier Seconded by M. Taylor "THAT in accordance with Section 21 of Procedural By-law 2002-93, confirming By-law 2007-008 be added to the agenda as item 12." Disposition: Motion Carried Unanimously Council Minutes - 15 - January 18, 2007 4. DELEGATIONS (a) 7:05 p.m.—William Pol,Manager and Derek Dudek, Planner,IBI Group were in attendance. Mr. Pol introduced himself and Mr. Dudek to the new Council members. He advised of the recent firm name change from Cumming Cockburn Limited to the IBI Group, creating enhanced resources. Mr. Dudek advised that he provides comment on development matters and that there were sixteen Zoning By-law amendments in Bayham in 2006, however, no changes had been necessary to the Official Plan. He then gave a powerpoint presentation regarding recent changes to the Planning Act and the impacts/opportunities that may result. He noted that the Strong Communities Act had introduced `shall be consistent with"rather than "shall have regard to"the Provincial Policy Statements implemented in March 2005. He reported that Bill 51 requires review of the Official Plan every 5 years and the Zoning by-law to be reviewed within 3 years of the OP review. The Bill limits the role of the Ontario Municipal Board,provides opportunities for the public to be more involved in the local planning, local appeal bodies to be formed,permit systems established and zoning conditions imposed and enhanced site plan control. He added that new Minimum Distance separation formula regulations are effective as of January 1, 2007. Mr. Pol offered assistance regarding zoning and licensing of trailer parks, the potential ferry service and the orthophotography mapping/GIS project. He added that the firm had donated mapping services for the draft layout of the proposed Wind Farm Interpretive Site. Mr. Pol and Mr. Dudek responded to questions and comments from Council members. 5. INFORMATION ITEMS 2007-027 Moved by M. Taylor Seconded by C. Evanitski "THAT information items 5(a) through 5(m) be received for information." Disposition: Motion Carried Unanimously Council Minutes - 16 - January 18, 2007 (a) Correspondence dated December 31, 2006 from Stewardship Ontario regarding 2006 Third Quarterly Installment Payment of$5,014.26 for the municipal blue box recycling program. File: E07 (b) Correspondence from the Ontario Harness Horse Association regarding support. File: A01 (c) Resolution passed January 8, 2007 by the Town of Aylmer regarding an International ferry service between Port Burwell and Fairport Harbour, Ohio. File: C10 (d) Elgin Group Police Services Board Minutes of meeting held December 13, 2006 File: C06 (e) Correspondence from Minister of Municipal Affairs and Housing dated January 8, 2007 regarding legislation. File: A16 (f) Correspondence dated December 15, 2006 from the County of Elgin regarding Appointments to the Elgin County Land Division Committee for the term 2007 -2010. File: A16 (g) Members' Advisory from Federation of Canadian Municipalities dated December 21, 2006 regarding M.P.'s home for holidays. File: A01 (h) Notice advising January is Alzheimer's Awareness Month. File: A01 (i) Celebrate Canada Committee correspondence regarding 2007 Poster Challenge. File: M02 (j) Correspondence from the Minister responsible for Seniors inviting input on Retirement Home care regulating workshops. (Full package available) File: A16 (k) The Township of Malahide correspondence dated December 22, 2006 regarding the Wind Farm Interpretive Centre. File: C10 (1) Environmental Compliance Insider newsletter Volume 1 Issue 4. File: M07 (m) Bayham Historical Society minutes of December 14, 2006 meeting. File: C06 Council Minutes - 17 - January 18, 2007 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM I. CORRESPONDENCE&REPORTS (a) Staff Report D2007-001 regarding Vandevyvere Development. File: D00 Staff was directed to send a letter to the Town of Tillsonburg, as joint owner of the former CP rail lands, regarding support for potential development in hamlet areas. 2007-028 Moved by C. Evanitski Seconded by W. Casier "THAT Staff Report D2007-001 regarding Vandevyvere Development be received for information." Disposition: Motion Carried Unanimously (b) Staff Report D2007-004 regarding Penner Severance Application E03/07 and E04/07. File: D10 The Planning Co-ordinator advised there had been a correction to the dimensions of the middle lot fronting along Pearl Street. 2007-029 Moved by W. Casier Seconded by C. Evanitski "THAT Staff Report D2007-004 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications E3/07 and E4/07,submitted by Johan and Katharina Penner, be approved subject to: 1. $500 cash-in-lieu payment to the municipality for each created lot 2. lot grading plans for each lot 3. a development agreement for water servicing 4. copy of the final survey be provided to the municipality." Disposition: Motion Carried Unanimously (c) Staff Report D2007-003 regarding Declercq Severance Application E1/07 File: D10 Council Minutes - 18 - January 18, 2007 2007-030 Moved by C. Evanitski Seconded by W. Casier "THAT Staff Report D2007-003 be received; AND THAT Council recommend to the Elgin County Land Division Committee that consent application E1/07, submitted by Roger and Jacqueline Declereq,for an easement be approved." Disposition: Motion Carried (d) Staff Report D2007-005 regarding McGregor Severance Application E80/06. File: D10 2007-031 Moved by W. Casier Seconded by C. Evanitski "THAT Staff Report D2007-005 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E80/06,submitted by Theresa McGregor,be approved subject to: 1. a municipal lot assessment for each created lot 2. rezoning of the severed parcel to a site-specific Rural Residential zone 3. a copy of the final survey be provided to the municipality." 4. a grading plan be submitted." Disposition: Motion Carried Unanimously (e) Staff Report D2007-006 regarding Beausoleil Development Agreement File: L04 The Planning Co-ordinator advised that page 4 Section 13(b) of the agreement has been deleted and 13(a)amended to read "In relation to sanitary sewer services and road reconstruction/restoration, in the amount of Thirty-two Thousand dollars ($32,000)'. She added that page 8 of Schedule "A"to the agreement has been replaced with a corrected description of the lands. Council Minutes - 19 - January 18, 2007 2007-032 Moved by W. Casier Seconded by M. Taylor "THAT Staff Report D2007-006 regarding Beausoleil Development be received; AND THAT By-law No.2007-009, being a By-law to authorize the execution of a sewer services development agreement between 598013 Ontario Ltd. (Beausoleil) and the Municipality,be presented to Council for enactment, as amended." Disposition: Motion Carried Unanimously (f) Staff Report D2007-002 regarding Graydon Severance Application E106/06. File: D10 The Planning Co-ordinator advised that, according to the Zoning by-law, a mobile home unit is considered a primary residence only when located in a mobile home park. Being as a house also exists on this property, it was acknowledged that Council could recommend that removal of the unit be imposed as a condition for severance. Mr. Graydon responded that removal of the unit was not intended. 2007-033 Moved by M. Taylor Seconded by W. Casier "THAT Staff Report D2007-002 regarding Graydon Severance Application E106/06 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E106/06, submitted by B & B Graydon, be deferred for further information." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE No Items 8. PROPERTY,BUILDING& PROTECTIVE SERVICES L CORRESPONDENCE&REPORTS (a) Request from Ricki Neville and Trevor Bradfield to use the Port Burwell Memorial Park on Saturday, September 8, 2007 for a marriage ceremony. File: C13 Council Minutes - 20 - January 18, 2007 2007-034 Moved by W. Casier Seconded by C. Evanitski "THAT the correspondence dated January 5, 2007 from Ricki Neville and Trevor Bradfield be received; AND THAT permission be granted to use the Memorial Park in Port Burwell on Saturday September 8,2007 between 12:00 noon and 5:00 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 (b) Request from Tammy Wilson to use the Port Burwell Memorial Park on Saturday August 18, 2007 for a wedding ceremony. File: C13 2007-035 Moved by C. Evanitski Seconded by M. Taylor "That the correspondence dated January 8, 2007 from Tammy Wilson be received; AND THAT permission be granted to use the Memorial Park in Port Burwell on Saturday August 18,2007 between 1:00 p.m. and 4:00 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 Council Minutes - 21 January 18, 2007 9. FINANCE,ADMINISTRATION & PERSONNEL Y. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#1872 to Cheque# 1950 inclusive, totaling $135,495.76 and Payroll Disbursements for the period ending December 31st totaling$44,558.76 2007-036 Moved by W. Casier Seconded by C. Evanitski "THAT the Cheque Register,being Cheque# 1872 to Cheque#1950, inclusive,totaling$135,495.76 and Payroll Disbursements for the period ending December 31,2006 totaling$44,558.76 be approved." Disposition: Motion Carried Unanimously (b) Township of Malahide correspondence dated November 28, 2006 requesting Bayham appointees to the Port Burwell Secondary Water Board. File: C12 2007-037 Moved by M. Taylor Seconded by C. Evanitski "THAT the Township of Malahide correspondence dated November 28,2006 be received; THAT Mayor Acre be appointed as the representative to the Port Burwell Second Water Board; AND THAT Wayne Casier be appointed as'alternate." Disposition: Motion Carried Unanimously (c) Draft By-law 2007-002 regarding the appointment of Fence Viewers. File: C01 2007-038 Moved by E. Ketchabaw Seconded by C. Evanitski "THAT By-law 2007-002,being a by-law to appoint Fence Viewers,be presented to Council for enactment." Disposition: Motion Carried Unanimously Council Minutes - 22 - January 18, 2007 (d) Correspondence dated December 8, 2006 from iTrans Consulting Inc. regarding Public Transportation and Gas Tax Funding. File: A05 2007-039 Moved by Ed Ketchabaw Seconded by W. Casier "THAT the correspondence dated December 8, 2006 from iTrans Consulting Inc. be received for information." Disposition: Motion Carried Unanimously (e) Staff Report F2007-05 regarding the Rural Infrastructure Grant File: F l i 2007-040 Moved by W. Casier Seconded by E. Ketchabaw "THAT the Staff Report F2007-05 be received; AND THAT By-law 2007-013, a by-law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation ("OIPC") for funding from the rural infrastructure investment initiative, be presented to Council for enactment." Disposition: Motion Carried Unanimously (I) Staff Report F2007-04 regarding Library Lease Agreements. File: L04 2007-041 Moved by W. Casier Seconded by E. Ketchabaw "THAT the Staff Report F2007-04 be received; and THAT By-law No. 2007-011 to authorize the execution of a Lease Agreement with the County of Elgin regarding the Port Burwell Library facility be presented to Council for enactment; THAT By-law No. 2007-012 to authorize the execution of a Lease Agreement with the County of Elgin regarding the Straffordville Library facility be presented to Council for enactment; and Council Minutes - 23 - January 18, 2007 THAT staff meet with County of Elgin representatives to review and discuss Vienna library facility requirements." Disposition: Motion Carried Unanimously (g) Port Burwell Historical Society application for funding assistance regarding Canada Day. File: F l 1 2007-042 Moved by W. Casier Seconded by M. Taylor "THAT Robert Lozon from the Port Burwell Historical Society be authorized to submit a financial request to the Department of Canadian Heritage in relation to the"Celebrate Canada!"Program for organizing activities to celebrate Canada Day." Disposition: Motion Carried Unanimously (h) Staff Report F2007-07 regarding Cemetery Board Interest. File: F03 2007-043 Moved by M. Taylor Seconded by W. Casier "THAT the Staff Report F2007-07 be deferred." Disposition: Motion Carried Unanimously 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS (a) Quarterly Report for the Bayham Water Distribution System for the period ending December 31, 2006 File: E08 2007-044 Moved by C. Evanitski Seconded by M. Taylor "THAT the Quarterly Report for the Bayham Water Distribution System for the period ending December 31,2006 be received for information." Disposition: Motion Carried Unanimously Council Minutes -24 - January 18, 2007 (b) Quarterly Report for the Bayham Small Municipal.Non-Residential Wells for the period ending December 31, 2006. File: E08 2007-045 Moved by M. Taylor Seconded by C. Evanitski "THAT the Quarterly Report for the Bayham Small Municipal Non-Residential wells for the period ending December 31,2006 be received for information." Disposition: Motion Carried Unanimously (c) Quarterly Report for the Port Burwell Wastewater Treatment Plant Performance Report and Annual Compliance Summary for the period ending December 31, 2006 File: E05 2007-046 Moved by C. Evanitski Seconded by M. Taylor "THAT the Port Burwell Wastewater Treatment Plant Performance Report and Annual Compliance Summary for the period ending December 31, 2006 be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2007-047 Moved by M. Taylor Seconded by C. Evanitski "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss personal matters about an identifiable individual,including municipal or local board employees." Disposition: Motion Carried Unanimously 2007-048 Moved by W. Casier Seconded by M. Taylor "THAT the Committee of the Whole do now rise from the"In Camera" session." Disposition: Motion Carried Unanimously Council Minutes - 25 - January 18, 2007 CORRESPONDENCE&REPORTS (a) Verbal Report regarding a confidential personal matter. (b) Staff Report H2007-01 regarding a confidential personal matter. File: H 2007-049 Moved by M. Taylor Seconded by C. Evanitski "THAT Council authorize staff to proceed with arrangements with L.E.A.C. for membership." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Memorandum dated November 8, 2006 regarding a confidential personnel matter. A Recorded Vote was requested by Councillor Taylor. 2007-050 Moved by Ed Ketchabaw Seconded by C. Evanitski "THAT Staff Report P2006-016 regarding Water and Ice Rescue Services be received; AND THAT the Municipality of Bayham provide Water and Ice Rescue services as per Option 2 as follows: ■ Provide Land Based, Controlled Water Entry and Ice Rescue services upon department members successfully completing the required training; and D sell two boats through a public bidding process and reinvest in water rescue equipment to support the level of water rescue service approved by the Municipality; D purchase Water Rescue Equipment $5,500,such as: o Personal Flotation Devices(14) o Rescue Rope, Safety Equipment and Accessories ➢ introduce Standard Operating Guidelines for water rescue activities; AND THAT Staff prepare a by-law to amend By-Law#98-34 to reflect new levels of service for Council's consideration." Recorded Vote In favour Opposed Mayor Acre Councillor Casier Deputy Mayor Evanitski Councillor Ketchabaw Councillor Taylor Disposition: Motion Carried on a Recorded Vote 4 to 1 Council Minutes -26 - January 18, 2007 12. BY-LAWS 2007-002 A By-law to Appoint Fence Viewers for the term 2007-2009 2007-009 A By-law to Authorize a Development Agreement(Beausoleil) 2007-011 A By-law to Authorize a Port Burwell Library Lease Agreement with County of Elgin 2007-012 A By-law to Authorize Straffordville Library Lease Agreement with County of Elgin 2007-013 A By-law to Authorize an Application Submission for(OIPC) Grants 2007-008 A By-law to confirm all actions of Council at the Special Meeting held January 11th 2007-010 A By-law to confirm all actions of Council 2007-051 Moved by W. Casier Seconded by M. Taylor "THAT By-laws 2007-002,2007-009, as amended,2007-011, 2007-012 and 2007-013 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2007-052 Moved by W. Casier Seconded by M. Taylor "THAT confirming By-laws 2007-008 & 2007-010 be read a first, second and third time and fmally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2007-053 Moved by C. Evanitski Seconded by M. Taylor "THAT the meeting be adjourned at 10:37 p.m." 1 La-a/1-D Mayor tier Date approved; b //C'`)