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HomeMy WebLinkAboutJune 19, 2003 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, June 19, 2003 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, June 19, 2003 in Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Lynn Acre, Councillors K.C. Emerson, Matt Schafer and Cliff Evanitski, Administrator Kyle Kruger and Deputy-Clerk Michael Graves. 1. CALL TO ORDER Mayor Stewart 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 5, 2003 2003-285 Moved by L. Acre Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held June 5, 2003 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—Nola Redmond,,regarding Item 6.1 (a) (b) 7:20 p.m. —Graham, Scott,Enns, regarding Item 9.1 (b) Added Items Additional items were added under Sections 10.1(b), and 11.1(a) &(b) 5. INFORMATION ITEMS 2003-286 Moved by K.C. Emerson Seconded by M. Schafer "THAT Information Items 5(a) through 5(s), except item 5(p), be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 105 - June 19, 2003 5. INFORMATION ITEMS (continued) 2003-287 Moved by L. Acre Seconded by C. Evanitski "The Municipality of Bayham support Central Elgin's resolution of May 26, 2003." Disposition: Motion Carried Unanimously (a) Corporation of the County of Grey correspondence dated June 4, 2003 regarding the impact of Mad Cow Disease. File: C10 (b) Ontario Museum Association"Proposed Amendments to Ontario Heritage Act". File: A01 (c) Federation of Canadian Municipalities correspondence dated May 27, 2003 "Cleaning Up the Past, Building the Future: A National Brownfields Redevelopment Strategy for Canada". File: A16 (d) Carl DeFaria, Minister, Ministry of Citizenship correspondence dated May 2003 regarding "Seniors Month". File: A16 (e) David Lindsay,President and CEO, Ontario SuperBuild correspondence dated May 30, 2003 regarding 2003 Progress Report. File: A01 (f) Hon. Gar Knutson, M.P.--Report from the Hill June 2003. File: C10 (g) Long Point Region Conservation Authority Minutes of May 7,2003. File: A16 (h) AMO"Alert"correspondence dated May 21, June 3 &June 6, 2003 regarding"Proposal for Mandatory Referendum On Municipal Taxation Means a Tense Road Ahead—AMO Not Consulted,""AMO Will Not Help Write Tax Referendum Legislation,"and Large Urban Mayors Caucus of Ontario Joins Chorus", AMO For Your Information correspondence dated June 4, 2003 regarding"Only 5 Business Days Remaining to Submit Applications for the Peter I Marshall Innovative Awards 2003 Competition"and AMO Annual Conference 2003 "What's Beyond the Bend"and AMO Request for Nominations 2003 —2004 AMO Board of Directors. File: A01 (i) Muscular Dystrophy Canada-Neuromuscular Research Partnership Program Recipients Report File: A01 (j) Environment Canada correspondence dated June 12, 2003 regarding wastewater effluents. File: A16 (k) Alzheimer Society Elgin—St. Thomas correspondence dated June 3, 2003 regarding membership drive. File: A16 (1) City of Toronto correspondence dated May 26, 2003 regarding Municipal Property Assessment Corporation File: C10 (m) Elgin Group Police Services Board—Detachment Commander's Report April 2003. File: A01 COUNCIL MINUTES - 106- June 19,2003 5. INFORMATION ITEMS (continued) (n) Township of Malahide correspondence dated June 9, 2003 regarding Appointments to the Elgin Group PSB. File: A0l (o) Town of Tecumseh correspondence dated June 3, 2003 regarding Emergency Management Program. File: C10 (p) Municipality of Central Elgin correspondence dated May 27th, 2003 regarding Municipal Elections. File: C10 (q) Long Point Region Conservation Authority correspondence dated May 27, 2003 regarding 2002 Annual Report File: A16 (r) Heads up Alert "An Urgent Message from OGRA President Merwyn Sheppard To Heads of Council and Clerks"and OGRA Calls for Withdrawal of Referendum Proposal in P.C. Platform File: A16 (s) Bayham Community Health Action Committee Minutes of June 10, 2003 File: C06 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2003-22 regarding the Nola Redmond Property. 2003-288 Moved by K.C. Emerson Seconded by M. Schafer "THAT the Council of the Municipality of Bayham receive report D2003-22." Disposition: Motion Carried Unanimously (b) Staff Report D2003-24 regarding the Cox/Dykstra Severances File: D10 2003-289 Moved by K.C. Emerson Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report 1)2003-24; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications 47/03; 48/03; 49/03; 50/03 be deferred." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 107 - June 19, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS continued (c) Staff Report D2003-25 regarding the Hicks Farm Severance File: D10 2003-290 Moved by C. Evanitski Seconded by K.C. Emerson "THAT the Council of the Municipality of Bayham receive report D2003-25; AND THAT Council recommend to the Elgin County Land Division Committee that severance application 45/03 be approved. " Disposition: Motion Carried Unanimously (d) Staff Report D2003-26 regarding the Hicks Farm File: D10 2003-291 Moved by L. Acre Seconded by K.C. Emerson "THAT the Council of the Municipality of Bayham receive report D2003-26; AND THAT Council recommend to the Elgin County Land Division Committee that severance application 46/03 be approved subject to rezoning. " Disposition: Motion Carried Unanimously (e) StafReport D2003-23 Comprehensive Zoning By-law File: D14 2003-292 Moved by L. Acre Seconded by K.C. Emerson "THAT the Council of the Municipality of Bayham receive report D2003-23; AND THAT Council of the Municipality of Bayham adopt zoning by-law Z456-2003 with the minimum lot frontage for properties along Highway 3 to remain at 30 meters and the minimum agricultural lot size to remain at 20 hectares. AND THAT the holding provision as shown in the proposed Comprehensive Zoning By-law be removed for the two new lots created in severance E17/03 for Albert Wall. AND THAT the holding provision as shown in the proposed Comprehensive Zoning By-law be removed from the property on the West side of Culloden Road and North of Eden Line owned by Abe & Stephanie Peters. AND THAT the proposed Comprehensive Zoning By-law reflect the designation of Rural Residential for property owned by Thomas and Joan Foote AND THAT the holding provision be removed from that portion of the Brian Graydon property that is intended to be amalgamated with the property owned by Tiltran Services Inc." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 108- June 19,2003 7. ROADS, AGRICULTURE & DRAINAGE None 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE AND REPORTS (a) Staff Report P2003-009 regarding Swimming Pool By-law. 2003-293 Moved by L. Acre Seconded by K.C. Emerson "THAT the Corporation of the Township of Bayham By-laws #1773; and the Corporation of the Village of Vienna By-law #710; and the Corporation of the Village of Port Burwell By-law #372; are herby repealed. That Section #13 entitled "Swimming Pools" of the Corporation of the Municipality of Bayham By-law#2002- 009 is hereby repealed. THAT the attached By-law#2003-044, being a By-law for Regulating the Construction and Fencing of Swimming Pools, be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Staff Memorandum regarding Declaration of an Emergency 2003-294 Moved by M. Schafer Seconded by K.C. Emerson "THAT Staff Memorandum dated June 10, 2003 regarding the Declaration of an Emergency be received for information." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 6226 to Cheque# 6341 inclusive,totaling $998,397.46, Cash Requirements and Payroll Disbursements for the period ending June 11,2003 totaling $72,425.93. 2003-295 Moved by K.C. Emerson Seconded by M. Schafer "THAT Council approve Cheque Register being Cheque#6226 to Cheque#6341 inclusive, totaling $998,397.46, Cash Requirements and Payroll Disbursements for the period ending June 11, 2003 totaling $72,425.93." Disposition: Motion Carried Unanimously (b) Graham, Scott,Enns—Audited Financial Statements—December 31, 2002 2003-296 Moved by K.C. Emerson Seconded by M. Schafer "THAT the financial statements for the year ending December 31,2002 of Graham, Scott,Enns dated March 19,2003 be approved" Disposition: Motion Carried Unanimously COUNCIL MINUTES - 109- June 19,2003 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS continued (c) Staff Report F2002-13 regarding the Water& Sewer By-law. 2003-297 Moved by M. Schafer Seconded by C. Evanitski "By-laws 2003-031 and 2003-032 being by-laws to impose sewer and water rates upon owners of land who derive or may derive a benefit from the sewage or water works arising from new development be presented to Council for consideration." Disposition: Motion Carried Unanimously (d) Staff Report PR2003-008 regarding Agreement for Backup Building Official Services. File: F 11 2003-298 Moved by L. Acre Seconded by M. Schafer "That Council authorize the appointment of Mr. Daniel Dale to perform duties under the Ontario Building Code Act, in the absence of the Chief Building Official, Mr. Dwayne Daniel, and that the necessary By-law be presented to Council for enactment." Disposition: Motion Carried Unanimously (e) Royal Canadian Legion correspondence regarding request for funding. File: L04 2003-299 Moved by L. Acre Seconded by M. Schafer "That the correspondence from the Royal Canadian Legion regarding funding be received for information." Disposition: Motion Carried Unanimously (f) Staff Report F2003-14 Regarding Tax Rates&Levies 2003-300 Moved by L. Acre Seconded by C. Evanitski "THAT By-law 2003-56 being a by-law to establish a levy for the year 2003,to adopt tax rates, provide for penalty and interest in default of payment and the collection thereof be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 110- June 19, 2003 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report E2003-006 regarding New Drinking Water System Regulation. File: P10 2003-301 Moved by L. Acre Seconded by C. Evanitski "THAT Staff Report #E2003-006 regarding New Drinking Water System Regulation be received." Disposition: Motion Carried Unanimously Added Item (c) 2002 Compliance Report for the Elgin Area Primary Water Supply System prepared by American Water Services Canada File 2003-302 Moved by K.C. Emerson Seconded by M. Schafer "THAT the Council of the Municipality of Bayham confirm receipt of the 2002 Compliance Report for the Elgin Area Primary Water Supply System, prepared by the Operating Authority for the Primary Water Supply System,American Water Services Canada on behalf of the Joint Board of Management,and the said report be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS 2003-303 Moved by L. Acre Seconded by K.C. Emerson "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss confidential legal and personnel matters." Disposition: Motion Carried Unanimously 2003-304 Moved by K.C. Emerson Seconded by L. Acre "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously (a) Verbal Report regarding legal matter (b) Verbal Report regarding personnel matter COUNCIL MINUTES - 111 - June 19, 2003 12. BY-LAWS By-law 2003—44 A By-law for regulating the fencing of Swimming Pools By-law Z456-2003 A Comprehensive Zoning By-law By-law 2003-56 A By-law to establish a Tax Levy By-law 2003 —058 A By-law to confirm all actions of Council 2003-305 Moved by M. Schafer Seconded by C. Evanitski "THAT By-laws 2003-044, Z456-2003, 2003-056 be read a first, second and third time and finally passed." 2003-306 Moved by L. Acre Seconded by K.C. Emerson "THAT confirming By-law 2003-058 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2003-307 Moved by L. Acre Seconded by K.C. Emerson "THAT the meeting be adjourned at 9:30 p.m." Disposition: Motion Carried Unanimously MAYOR DEPUTY - CLE Date Approved: B. 4„.(1,48 f 7