HomeMy WebLinkAboutAugust 07, 2003 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,August 7,2003
7:00 p.m.
Public Meeting 7:30 p.m.
Presentation to Charles(Chuck) Buchanan (6:45 p.m.)
The regular meeting of the Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, August 7, 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 and Chief Building Official Dwayne Daniel were
in attendance to present their respective reports.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 6:45 p.m.
The Mayor requested Mr. Buchanan to come forward and thanked him on behalf of
Council for his volunteer efforts on the Port Burwell Marine Museum Committee and
presented him with a framed certificate of recognition from the municipality.
The meeting was adjourned temporarily to allow for a social time in Mr. Buchanan's
honour and reconvened at 7:05 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
None
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held July 17, 2003
2003-356 Moved by M. Schafer
Seconded by L. Acre
"THAT the minutes of the regular meeting of the Municipality of Bayham held
July 17, 2003 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
8:00 p.m. - Randy Taylor,resident, was in attendance and requested Council's
consideration of installation of municipal water along the Glen Erie Line. He noted that
it should be a good time to consider, as work will be done on the road to bring it up to
County standards to replace a section of Lakeshore Line.
Item 10.1(a)
8:15 p.m.—Allan Spicer was in attendance to present his various concerns.
Item 9.1(d)
COUNCIL MINUTES - 130 - August 7, 2003
Addition of Agenda Items
The Clerk noted requests for the addition of the following items to the agenda:
• A Memorandum from the Fire Chief added as Item 8.1(d)
• A request from the Edison Museum of Vienna Board added as Item 9.1(i)
• Requests for"In Camera"property and legal matters added as Items 11.1(b) &
(c).
5. INFORMATION ITEMS
2003-357 Moved by L. Acre
Seconded by K. C. Emerson
"THAT Information Items 5(a) through 5(e) be received for information;
AND THAT Item 5(d) (being AMO correspondence dated July 31,2003 regarding
"Urgent Appeal to Municipalities to Support Blue Box Funding") be supported."
Disposition: Motion Carried Unanimously
(a) Correspondence dated July 11, 2003 from Gar Knutson,MP regarding support of the
motion by the Ontario Federation of Anglers and Hunters regarding the National
Firearms Registry.
File: A16
(b) Correspondence dated July 30, 2003 from Gar Knutson, MP including news releases
from the Honourable Allan Rock regarding the Infrastructure Program announced in the
2003 budget.
File: A16
(c) Long Point Region Conservation Authority minutes of meeting held June 4, 2003.
File: A16
(d) AMO correspondence dated July 31, 2003 regarding"Urgent Appeal to Municipalities to
Support Blue Box Funding".
File: A01
(e) Edison Museum of Vienna Board draft minutes of meeting held July 14, 2003.
File: C06
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2003-34 regarding AimPowerGen Memorandum of Understanding
File: L04
2003-358 Moved by L. Acre
Seconded by K.C. Emerson
"THAT Staff Report D2003-34 be received;
AND THAT By-law 2003-067, being a By-law to authorize the Mayor and Clerk to
execute a Memorandum of Understanding between the Municipality of Bayham, the
Town of Tillsonburg and AimPowerGen, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 131 - August 7, 2003
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
L CORRESPONDENCE AND REPORTS
(b) StaffReport D2003-37 regarding a McQuiggan Severance.
File: D14
2003-359 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Council of the Municipality of Bayham receive report D2003-37;
AND THAT Council recommend to the County of Elgin that severance application
E61/03 for Michael& Dianne McQuiggan NOT be approved as it is not in
compliance with the Official Plan."
Disposition: Motion Carried Unanimously
(c) Economic Development and Tourism Committee draft minutes of meeting held June 25,
2003 including a report from the Harbour Sub-Committee.
File: C06
2003-360 Moved by L. Acre
Seconded by M. Schafer
"THAT the Economic Development and Tourism Committee draft minutes of the
meeting held June 25,2003 and the report from the Harbour Sub-Committee be
received for information."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report D2003-27 regarding Archie and Shirley Burwell Severance Application.
File: D 10
2003-361 Moved by M. Schafer
Seconded by K.C.Emerson
"THAT the Council of the Municipality of Bayham receive report D2003-27;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application 56103 be approved subject to rezoning the M1-1 portion of the
property."
Disposition: Motion Carried Unanimously
(b) 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 submitted by
Rick and Nell Haayema. (The Co-ordinator of Planning advised that there was nothing
new to add to this item deferred at the July 17`h meeting. The necessary reports have not
yet been received)
File: D09
COUNCIL MINUTES - 132- August 7, 2003
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
2003-362 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 Planning Act."
Disposition: Motion Carried Unanimously
1.(a) Application:
Application to change zoning on a parcel of land situated on the west side of Elliot Road,
north of Talbot Line (Highway#3)being Part of Lot 15, Concession 10 in the
Municipality of Bayham from Agricultural(Al)to Rural Residential(RR) submitted by
Thomas and Joan Foote.
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
(a) Staff Report D2003-36 was presented by the Co-ordinator of Planning.
File: D14
4. Public Comments
None
5. Council Comments and Questions
None
6. Adjournment
2003-363 Moved by C. Evanitski
Seconded by L. Acre
"THAT the Public Meeting be adjourned at 7:40 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2003-364 Moved by K.C. Emerson
Seconded by L. Acre
"THAT the Council of the Municipality of Bayham receive report D2003-36;
AND THAT Council approve the rezoning of the Part of Lot 15, Concession 10
owned by Thomas and Joan Foote to Rural Residential;
AND THAT By-law 2459-2003, being a by-law to amend Zoning By-law Z456-2003
and the Township of Bayham Zoning By-law 2387, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 133 - August 7, 2003
7. ROADS, AGRICULTURE & DRAINAGE
L CORRESPONDENCE AND REPORTS
(a) Route approval for the Watermelon Fest Parade.
File T09
2003-365 Moved by L. Acre
Seconded by K.C. Emerson
"THAT the Council of the Municipality of Bayham approves the proposed
Watermelon Fest Parade Route;
AND THAT Council hereby requests permission from the County of Elgin to use
Plank Road from Third Street, south to Heritage Line and Heritage Line west to the
Bayham Community Centre on Saturday August 23,2001 between 9:30 and 11:00
a.m. during the Parade in Straffordville;
AND THAT the Bayham Public Works Superintendent be directed to make the
necessary arrangements for traffic control and safety."
Disposition: Motion Carried Unanimously
(b) Staff Report DR2003-004 regarding the Engineers Report 202305 Peters Drain.
File: E09
2003-366 Moved by L. Acre
Seconded by C. Evanitski
"THAT Staff Report DR2003-04 regarding the Peters Municipal Drain be received;
THAT the Council of the Municipality of Bayham acknowledges the filing with the
Clerk on July 30,2003, Report 202305 dated July 21,2003 prepared by the
Engineer, Spriet Associates for the Peters Municipal Drain,;
THAT the Municipality proceed with the Report;
THAT Council set a date of September 4, 2003 at 8:00 p.m. to consider the Report;
AND THAT Staff be directed to mail Public Notices and Reports to all persons
assessed to this drainage works in accordance with the Drainage Act."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
L CORRESPONDENCE AND REPORTS
(a) Staff Report P2003-01 l regarding Noise By-law Amendment.
File: P01
2003-367 Moved by L. Acre
Seconded.by K.C. Emerson
"THAT Staff Report PR2003-011 be received;
AND THAT By-law 2003-057, being a by-law to amend Noise Control By-law 2001-
57, as amended,and provide for set fines and a broader range of sentencing options,
be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 134 - August 7,2003
8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued)
1. CORRESPONDENCE AND REPORTS
(b) Correspondence from Nancy Biekx, St. Luke's Guild requesting permission to use
Memorial Park,Vienna for their annual BBQ and Yard Sale on August 23`a
File: C13
2003-368 Moved by L. Acre
Seconded by K.C. Emerson
"THAT the correspondence from Nancy Biekx, St. Luke's Guild, requesting
permission to use Memorial Park,Vienna for their annual BBQ and Yard Sale to be
held August 23,2003, 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
(c) Elgin Group Police Services Board and related correspondence regarding the local
Parking By-law.
File: P01
2003-369 Moved by L. Acre
Seconded by K.C. Emerson
"THAT the Elgin Group Police Services Board correspondence regarding the local
Parking By-law be received;
AND THAT Kyle Kruger be appointed to represent the Municipality of Bayham on
a County of Elgin committee established to review the Parking By-law."
Disposition: Motion Carried Unanimously
Added Item
(d) Staff Memorandum dated August 7, 2003 regarding Fire Truck Repairs.
2003-370 Moved by L. Acre
Seconded by M. Schafer
"THAT the Staff Memorandum dated August 7, 2003 regarding Fire
Truck Repairs be received;
AND THAT the Fire Chief be directed to authorize C-Max Transportation to build
and install a new water tank in the 1975 Pumper Truck as per the verbal quote of
$5,000."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 135 - August 7,2003
9. FINANCE, ADMINISTRATION & PERSONNEL
L CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#6512 to Cheque# 6633 inclusive, except cheque #s
6512, 6514, 6516, 6524, 6551, 6568, 6631 and 6632 totaling $136,246.08 and Payroll
Disbursements for the period ending July 23, 2003 totaling$43,007.96.
2003-371 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the Cheque Register being Cheque#6512 to Cheque#6633 inclusive,
except cheques#s 6512, 6514, 6516, 6524, 6551, 6568, 6631 and 6632 totaling
$136,246.08 and Payroll Disbursements for the period ending July 23,2003
totaling $43,007.96 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2003-18 regarding Section 357 Applications.
File: F22
2003-372 Moved by M. Schafer
Seconded by C. Evanitski
"That Staff Report 2003-11 regarding 357 reductions be received;
AND THAT total taxes in the amount of$ 1,759.77, as identified on Schedule A
attached to the report, be cancelled, refunded or reduced pursuant to Section 357 of
the Municipal Act."
Disposition: Motion Carried Unanimously
(c) Correspondence dated July 25, 2003 from Michael Graves, requesting rental fee
reduction for use of the Straffordville Community Centre by the Class of 1983
Organization Committee.
File: C13
2003-373 Moved by M. Schafer
Seconded by L. Acre
"THAT the correspondence dated July 25,2003 from Michael Graves, be referred
to the Community Centre Committee for recommendation to Council"
Disposition: Motion Carried Unanimously
(d) Correspondence from Allan Spicer dated July 31, 2003 regarding various concerns.
File: C13
2003-374 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the correspondence from Allan Spicer dated July 31, 2003 regarding
various concerns be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 136 - August 7, 2003
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
Y. CORRESPONDENCE&REPORTS
(e) Draft minutes of the Celebrate Vienna Committee meeting held July 23, 2003.
File: C06
2003-375 Moved by L. Acre
Seconded by K.C. Emerson
"THAT the draft minutes of the Celebrate Vienna Committee
meeting held July 23,2003 be received for information;
AND THAT the Council of the Municipality of Bayham directs
that all unexpended funds from the Celebrate Vienna
Committee budget be allotted to the building fund for a new
Edison Museum of Vienna facility;
AND THAT the ongoing proceeds from the sale of the Vienna Historical
Highlights and the Vienna T-shirts also be directed toward the building fund."
Disposition: Motion Carried Unanimously
(f) Staff Memorandum regarding the Vienna Community Centre Manager.
File: L04
2003-376 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the Staff Memorandum dated July 25,2003 be received;
AND THAT By-law 2003-66, being a by-law to authorize the Mayor and Clerk to
execute an agreement with Frank and Linda Giesbrecht for the provision of
management services for the Vienna Community Centre, be presented to Council
for enactment."
Disposition: Motion Carried Unanimously
(g) Staff Report L2003-002 regarding Joint Use Agreement—Hydro One.
File: L04
2003-377 Moved by L. Acre
Seconded by C. Evanitski
"THAT Staff Report L2003-002 be received;
1. AND THAT By-law 2003-068 being a by-law to authorize the execution of a
Joint Use agreement with Hydro One Networks Inc., be presented to Council
for enactment; and
2. THAT Staff be authorized and directed to appeal to Hydro One, and to other
appropriate agencies or Ministers, to remove the annual fees for attachments
to utility poles."
Disposition: Motion Carried unanimously
COUNCIL MINUTES - 137 - August 7, 2003
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(h) Staff Report PR2003-005 regarding Road Use Agreement—Echo Energy Inc.
File: L04
2003-378 Moved by K.C. Emerson
Seconded by M. Schafer
"THAT Staff be authorized to negotiate a Road Use Agreement with Echo Energy
Inc. for the placement of natural gas pipelines as outlined in report PR2003-005, for
the consideration of Council."
Disposition: Motion Carried Unanimously
Added Item
(i) Edison Museum of Vienna Board Resolution passed at meeting held August 5th
requesting establishment of an Edison Museum Reserve Fund.
File: C06
2003-379 Moved by L. Acre
Seconded by M. Schafer
"THAT the request from the Edison Museum of Vienna Board
to establish a Museum Reserve Fund be received;
AND THAT Council directs the Treasurer to prepare a By-law establishing an
Edison Museum of Vienna Reserve Fund and monies directed to the building of a
new museum facility."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Petition dated July 30, 2003 from ratepayers along the Glen Erie Line requesting
consideration of the installation of municipal water.
File: M04
2003-380 Moved by M. Schafer
Seconded by L. Acre
"THAT the petition dated July 30, 2003 from ratepayers along the Glen Erie Line
be received;
AND THAT Staff be directed to investigate the estimated costs to install a waterline
extension to service properties along the Glen Erie Line."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 138 - August 7, 2003
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE& REPORTS
2003-381 Moved by M. Schafer
Seconded by L. Acre
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss confidential legal and property matters."
Disposition: Motion Carried Unanimously
2003-382 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera" Session."
Disposition: Motion Carried Unanimously
(a) A Verbal Report regarding a legal matter.
Added Items
The Clerk was requested to vacate Council Chambers during discussion of the following
items.
(b) A Verbal Report regarding a property matter.
(c) A Verbal Report regarding a legal matter.
Cancellation of meeting
2003-383 Moved by L. Acre
Seconded by C. Evanitski
"THAT the regularly scheduled meeting of the Council of the Municipality of
Bayham for August 21"be cancelled."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law Z459-2003 A By-law to Amend B/L 2387(Foote)
By-law 2003 —066 A By-law to Authorize the Mayor&Clerk to Execute an
Agreement with Linda&Frank Giesbrecht for the Provision of
Management Services for the Vienna Community Centre
By-law 2003 - 067 A By-law to Authorize the Mayor and Clerk to Execute an
Agreement with AimPowergen Corp.
By-law 2003 —068 A By-law to authorize the Mayor and Clerk to Execute a Joint Use
Agreement with Hydro One Networks Inc.
By-law 2003 _.065 A By-law to confirm all actions of Council
COUNCIL MINUTES - 139 - August 7, 2003
12. BY-LAWS (continued)
2003-384 Moved by L. Acre
Seconded by C. Evanitski
"THAT By-laws Z459-2003,2003-066, 2003-067 and 2003-068 be read a first, second
and third time and finally passed."
Disposition: Motion Carried Unanimously
2003-385 Moved by L. Acre
Seconded by M. Schafer
"THAT confirming By-law 2003-065 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2003-386 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the meeting be adjourned at 9:55 p.m."
Disposition: Motion Carried Unanimously
of f
1Th L.,,e,e„LE9
DCnuT'Y MAY i ' CLERK
Date Approved: , II/63 -