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Home My WebLink AboutJuly 17, 2003 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, July 17,2003 7:00 p.m. Public Meetings 7:30 p.m. The regular meeting of the Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, July 17, 2003 in Council Chambers. Present were Mayor Max Stewart,Deputy Mayor Lynn Acre, Councillors K.C. Emerson, Mathew Schafer and Cliff Evanitski, Administrator Kyle Kruger and Clerk Lynda Millard. The Co-ordinator of Planning Michael Graves, Public Works Superintendent Robert Bartlett and Treasurer Suzanna Mantel were in attendance to present their respective reports. 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 Councillor Emerson declared an interest in Item 7.1(b) as he is the owner of the property involved. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held June 19, 2003 Minutes of the Regular Meeting of Council held July 3, 2003 2003-329 Moved by K.C. Emerson Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held June 19,2003 be approved." Disposition: Motion Carried Unanimously 2003-330 Moved by C. Evanitski Seconded by K.C. Emerson "THAT the minutes of the regular meeting of the municipality of Bayham held July 3,2003 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m. —Bryce Sibbick,presented a request for funding support on behalf of the Tillsonburg Community Centre Area Complex Redevelopment Project. Item 6.1(c) (b) 8:15 p.m.—Brian Shelley,was in attendance in regard to the west side Provincial Park "No Parking" concerns in Port BurwelL Item 6.1(a) COUNCIL MINUTES - 121 - July 17, 2003 5. INFORMATION ITEMS 2003-331 Moved by K.C. Emerson Seconded by C. Evanitski "THAT Information Items 5(a) through 5(k) except 5(j) be received for information." Disposition: Motion Carried Unanimously 2003-332 Moved by L. Acre Seconded by M. Schafer "THAT Item 5(j),the draft minutes of the Bayham Community Health Action Committee meeting held July 9, 2003 be received; AND THAT Council supports the request to provide an additional$1,000 to go toward the consultant fees to write a Community Health Centre proposal on behalf of the Municipality of Bayham." Disposition: Motion Carried Unanimously (a) Ontario Smart Growth correspondence dated June 2003 regarding the "Shape the Future: Western Ontario Smart Growth Panel Discussion Paper". File: A16 (b) Copy of correspondence to Hon. Tony Clement dated July 2, 2003 from Steve Peters, MPP regarding the Southwest Mental Health Implementation Task Force Report and the request for its release. File: A16 (c) Ministry of Municipal Affairs and Housing dated June 25, 2003 regarding SARS Emergency—Reimbursement of Costs File: A16 (d) AMO correspondence dated July 10 and July 11, 2003 regarding"AMO Invites CTF to Join in Review of Municipal Finance," "New Nutrient Management Rules," and "Province to Close Judson Street Stores". File: A01 (e) Elgin Group Police Services Board minutes of meeting held June 24, 2003. File: C06 (f) Elgin Group Police Services Board Detachment Commander's Report May 2003. File: P17 (g) Ministry of Agriculture and Food Fax and News Release dated June 30, 2003 regarding the Nutrient Management Act. File: A16 (h) Ontario Aggregate Resources Corporation 2002 Annual Report(full report available). File: A01 (i) Easter Seal Society Ontario's 2002 Annual Report (full report available). File: A01 (j) Bayham Community Health Action Committee draft minutes of meeting held July 9, 2003 File: C06 (k) "Celebrate Vienna" Committee Agenda for meeting to be held July 23rd and draft minutes of meeting held May 14, 2003. File: C06 COUNCIL MINUTES - 122 - July 17, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM I. CORRESPONDENCE AND REPORTS (a) Copy of correspondence from Port Burwell Provincial Park dated December 13, 2001 and correspondence from Steve Peters, M.P.P. dated December 27, 2001 to Ms. Elaine Smith and July 7, 2003 Tillsonburg News clipping regarding the parking lot at Port Burwell and access to the boardwalk. File: C13 2003-333 Moved by K.C. Emerson Seconded by L. Acre "THAT the copy of correspondence from Port Burwell Provincial Park dated December 13, 2001 and correspondence from Steve Peters,M.P.P. dated December 27,2001 to Ms. Elaine Smith and July 7, 2003 Tillsonburg News clipping regarding the parking lot at Port Burwell and access to the boardwalk be received I for information; AND THAT Staff review and report on the status of the closed section of Chatham Street." Disposition: Motion Carried Unanimously (b) Correspondence from Industry Canada dated June 30, 2003 regarding"Consultation Pertaining to the Siting of Antenna Towers" File: A16 2003-334 Moved by K.C. Emerson Seconded by M. Schafer "THAT the correspondence from Industry Canada dated June 30, 2003 regarding "Consultation Pertaining to the Siting of Antenna Towers be received I for information; AND THAT Staff be authorized to provide comment suggesting greater report on land use issues and requirements." Disposition: Motion Carried Unanimously (c) Copy of Tillsonburg Community Centre Arena Complex Redevelopment Case for Support. File: A16 2003-335 Moved by K.C. Emerson Seconded by M. Schafer "THAT the Tillsonburg Community Centre Arena Complex Redevelopment Case for Support be received for information; Disposition: Motion Carried Unanimously (d) Correspondence from the Ministry of Municipal Affairs and Housing dated July 11, 2003 regarding Notice of Appeal of the Passing of Zoning By-law No. Z456-2003 being a Comprehensive Zoning by-law. File: D14 COUNCIL MINUTES - 123 - July 17, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE AND REPORTS 2003-336 Moved by C. Evanitski Seconded by K.C. Emerson AND RESOLVED THAT Council of the Municipality of Bayham receive the appeal of Comprehensive Zoning By-law Z456-2003 from the Ministry of Municipal Affairs and Housing; AND THAT, seeing no reason to change the position of Council, Council directs staff to defend the appeal at the Ontario Municipal Board, including the hiring of necessary legal and planning consultants that may be required; AND THAT Council make motion to the Ontario Municipal Board to make an order providing that the portions of Zoning By-law Z456-2003 not under appeal, be deemed to have come into force on the day that the by-law was passed. Disposition: Motion Carried Unanimously 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 2. UNFINISHED BUSINESS (a) Staff Report D2003-27 regarding Archie and Shirley Burwell Severance Application (deferred from July 3rd meeting). File: D10 3. PUBLIC MEETINGS 2003-337 Moved by K.C. Emerson Seconded by C. Evanitski "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.(a) Application: Application to change zoning on a parcel of land comprising 0.10 hectares(0.25 acres) situated on the north side of Wellington Street, east of Strachan Street in east Part Lot 21 &22,Plan 12 in the Municipality of Bayham former Village of Port Burwell from Village Residential(R1)to Village Residential(R2) File: D14 I(b) Application: Official Plan Amendment Application to change the designation on a parcel of land comprising 20.6 hectares(51.09 acres) situated on the south side of Ottergate Line, east of Culloden Road in North Gore,Part Lot 6, being Part 1 on reference plan 11R-7240 in the Municipality of Bayham from Agricultural to Site Specific Agricultural 2. Declaration of Pecuniary Interest and the General Nature Thereof (a) None (b) None COUNCIL MINUTES - 124- July 17, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. PUBLIC MEETINGS 3. Staff Presentation (a) Staff Report D2003-32 was presented by the Co-ordinator of Planning File: D14 (b) Staff ReportD2003-33 was presented by the Co-ordinator of Planning File: D09 4. Public Comments (a) None (b) None S. Council Comments and Questions (a) None (b) None 6. Adjournment 2003-338 Moved by C. Evanitski Seconded by K.C. Emerson "THAT the Public Meeting be adjourned at 8:10 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Items (a) 2003-339 Moved by L. Acre Seconded by K. C. Emerson "THAT the Council of the Municipality of Bayham receive report 1)2003-32; AND THAT Council approve the rezoning of the East part of lots 21, 22, Plan 12 owned by Ronald Speers to Multi-Unit Residential." Disposition: Motion Carried Unanimously (b) 2003-340 Moved by M. Schafer Seconded by L. Acre "THAT the Council of the Municipality of Bayham defer the application for official Plan Amendment from Rick& Nell Haayema for Part of Lot 6, North Gore." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE AND REPORTS (a) Staff Report PW2003-007 regarding Public Works Activities for the months of April, May,June 2003. File T06 COUNCIL MINUTES - 125 - July 17, 2003 7. ROADS, AGRICULTURE & DRAINAGE(continued) 1. CORRESPONDENCE AND REPORTS 2003-341 Moved by K.C. Emerson Seconded by L. Acre "THAT Staff Report PW2003-007 be received; AND THAT a 2003 or 2004 Tandem 8 Tonne Truck be considered for purchase for the Public Works Department; AND THAT the Public Works Superintendent be directed to obtain competitive quotes." Disposition: Motion Carried Unanimously (b) By-law 2003-062, a by-law to provide for the abandonment of drainage works (Schonberger Drain Branch`B") File: E09 2003-342 Moved by C. Evanitski Seconded by L. Acre "THAT By-law 2003-062, being a by-law to provide for the abandonment of the Schonberger Branch "B" drainage works, be presented to Council for enactment." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE AND REPORTS (a) Building Permit Report for the Month of June 2003. File: P10 2003-343 Moved by K.C. Emerson Seconded by M. Schafer "THAT the Building Permit Report for the month of June 2003 be received for information." Disposition: Motion Carried Unanimously (b) Correspondence from Melissa Allin requesting permission to use Memorial Park,Port Burwell for a wedding ceremony. File: C13 2003-344 Moved by L. Acre Seconded by C. Evanitski "THAT the correspondence from Melissa Ailin requesting permission to use Memorial Park,Port Burwell for a wedding ceremony to be held June 12,2004, be received; AND THAT Council approve the request as submitted,subject to the provision of proof of liability insurance coverage; AND THAT the cleanup of the Park be the responsibility of the users." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 126- July 17,2003 8. PROPERTY, BUILDING & PROTECTIVE SERVICES(continued) 1. CORRESPONDENCE AND REPORTS (c) Staff Report P2003-010 regarding Animal Control. File: P01 2003-345 Moved by L. Acre Seconded by K.C. Emerson "THAT Staff Report P2003-010 be received; AND THAT Staff be directed to prepare a draft Animal Control By-law for Council's consideration." Disposition: Defeated Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 6421 to Cheque# 6511 inclusive,totaling $150,928.37, Cash Requirements for the period ending July 31/03 and Payroll Disbursements for the period ending July 9, 2003 totaling $42,393.15. 2003-346 Moved by L. Acre Seconded by C. Evanitski "THAT the Cheque Register being Cheque#6421 to Cheque#6511 inclusive, totaling $150,928.37, Cash Requirements for the period ending July 31/03 and Payroll Disbursements for the period ending July 9,2003 totaling $42,393.15 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2003-16 regarding Financial Report as at June 30, 2003. File: F10 2003-347 Moved by L. Acre Seconded by K.C. Emerson "THAT Staff Report F2003-16 be received for information." Disposition: Motion Carried Unanimously (c) Staff Report F2003-17 regarding Drain maintenance File: F22 2003-348 Moved by C. Evanitski Seconded by K.C. Emerson "THAT By-Law 2003-63, being a by-law to provide for the maintenance of drains within the municipality and to raise the sum of$2905.34 to cover the costs, be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 127- July 17,2003 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) L CORRESPONDENCE&REPORTS (d) Correspondence from John Hogg, President, Cole Layer Trumble Canada Inc, dated June 3, 2003 to Hon. Ernie Eves regarding"Competition in Delivery of Property Assessment Services" File: C13 2003-349 Moved by K.C. Emerson Seconded by M. Schafer "THAT the correspondence from John Hogg, President, Cole Layer Trumble Canada Inc,dated June 3,2003 to Hon. Ernie Eves regarding"Competition in Delivery of Property Assessment Services be received for information." Disposition: Motion Carried Unanimously 9.2 PUBLIC MEETING 2003-350 Moved by L. Acre Seconded by K.C. Emerson "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Municipal Act." Disposition: Motion Carried Unanimously 1. Notice by the Municipality of Bayham to pass water and sewer charges by-laws. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report F2003-15 regarding Water& Sewer By-Laws was presented by the Treasurer. File: F 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2003-351 Moved by M. Schafer Seconded by C. Evanitski "THAT the Public Meeting be adjourned at 8:16 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2003-352 Moved by L. Acre Seconded by M. Schafer "THAT By-laws 2003-031 and 2003-032, being by-laws to impose sewer and water rates upon owners of land who derive or will derive or may derive a benefit from the sewage or water works arising from new development, be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 128 - July 17, 2003 10. ENVIRONMENT None 11. COMMITTEE OF THE WHOLE None 12. BY-LAWS By-law Z458-2003 A By-law to Amend B/L's Z456-2003 &2387 By-law 2003 —062 A By-law to Provide for Abandonment of Drainage Works in the Municipality(Schonberger Drain,Branch"B") By-law 2003 ---063 A By-law to provide for maintenance of drains within the Municipality and to raise the sum$2905.34 to cover costs By-law 2003 —064 A By-law to confirm all actions of Council 2003-353 Moved by C. Evanitski Seconded by L. Acre "THAT By-laws Z458-2003,2003-062 and 2003-063 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2003-354 Moved by L. Acre Seconded by C. Evanitski "THAT confirming By-law 2003-064 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2003-355 Moved by C. Evanitski Seconded by L. Acre "THAT the meeting be adjourned at 8:55 p.m." Disposition: Motion Carried Unanimously MAYOR CLERK Date Approved: -C15 u 7 0 3