HomeMy WebLinkAboutFebruary 21, 2002 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, February 21,2002
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, February 21, 2002 in Council Chambers. Present were Mayor Max Stewart,Deputy
Mayor Lynn Acre, Councillors David Mason, Matt Schafer and Cliff Evanitski, Administrator
Kyle Kruger, Clerk Lynda Millard, Coordinator of Planning Michael Graves, Water/
Wastewater Superintendent Ed Roloson and Drainage Superintendent Dwayne Daniel.
I. 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 Special Meeting held February 7, 2002
2002-52 Moved by D. Mason
Seconded by L. Acre
"THAT the minutes of the special meeting of the Municipality of Bayham held
February 7,2002 be approved."
Disposition: Motion Carried Unanimously
Minutes of the Regular Meeting held February 7, 2002
2002-53 Moved by C. Evanitski
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held
February 7,2002 be approved."
Disposition: Motion Carried Unanimously
Added Items
Item 7.1(c)was added at the request of Councillor Schafer, and Items 10.1 (d) & 10.1 (e)
at that of the Administrator.
4. DELEGATION
(a) 7:05 p.m.—Jim Poppl ratepayer, was in attendance requesting an exemption in regard to
sewer connection. Mr. Popp noted that the considerable distance and the limited amount
of elevation variability not only created installation concerns, but also the possibility that
the system would not work properly and/or may require substantial maintenance.
Item 10.1(c)
COUNCIL MINUTES - 23 - February 21,2002
5. INFORMATION ITEMS
2002-54 Moved by D. Mason
Seconded by M. Schafer
"THAT information Items 5(a) through 5(1) be received for information;
AND THAT Item 5(i) be considered at the next meeting."
Disposition: Motion Carried Unanimously
(a) Elgin Group Police Services Board minutes of meeting held January 22, 2002
File: C06
(b) Long Point Region Conservation Authority minutes of meeting held January 9, 2002.
File: A16
(c) Edison Museum of Vienna Board minutes of meeting held January 7, 2002.
File: C06
(d) Town of Saugeen Shores correspondence regarding OSUM Conference May 1 —4, 2002.
File: A04
(e) Ministry of Municipal Affairs&Housing correspondence dated February 5, 2002
regarding Smart Growth panels.
File: A16
(f) Ministry of Agriculture, Food and Rural Affairs correspondence dated February 7, 2002
regarding posting of directive on the Environmental Bill of Rights.
File: A16
(g) Memo from Councillor Dave Mason dated February 21, 2002 regarding Lighthouse
Ontario Heritage Foundation Plaque.
File: C11
(h) Staff Memorandum C2002-04 regarding Bus Trip to Henry Ford Museum and Greenfield
Village.
File: A01
(i) Correspondence dated February 13, 2002 from CSR regarding Bill 90, Waste Diversion
Act 2002. (To be considered at next meeting)
File: A01
(j) Association of Municipalities of Ontario "Alert"correspondence dated February 15, 2002
regarding "Successful First Meeting with Province under the Memorandum of
Understanding" and "Devolution of Omers Plan".
File: A01
(k) Ministry of Municipal Affairs and Housing correspondence dated February 1.5, 2002
regarding amendments to the Municipal Act through Bill 111
File: A16
(1) Ministry of Citizenship correspondence dated January 2002 inviting participation in
Ontario volunteer recognition programs.
File: M02
COUNCIL MINUTES - 24- February 21,2002
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
L CORRESPONDENCE&REPORTS
(a) Staff Report R2002-003 regarding the CASO Rail Line.
File: T16
2002-55 Moved by C. Evanitski
Seconded by D. Mason
"That the Council of the Municipality of Bayham support the resolution of the
County of Elgin to indicate an interest to CN Rail in negotiating the purchase of the
CN CASO rail line(File 5505-354-3)."
Disposition: Motion Carried Unanimously
(b) Staff Report R2002-002 regarding the Otter Valley Utility Corridor&Recreation Trail.
File: D06
Mike Suto,representing several ATV riders present, voiced opposition to the dosing of
these lands to motorized vehicle use. He noted that these riders are covered by liability
insurance and provide volunteer maintenance of the trail He requested that Council
allow insured riders to continue using the tram
2002-56 Moved by L. Acre
Seconded by C. Evanitski
AND RESOLVED THAT the Council of the Municipality of Bayham supports the
Otter Valley Utility Corridor and Trail Board of Management recommendation to
designate that part of the Otter Valley Utility Corridor and Trail between Lake Erie
and Tunnel Line as part of the Trans Canada Trail for passive uses including
hiking,cycling, cross country skiing and horseback riding;
AND THAT staff proceed with enforcement of prohibiting motorized uses for the
entire corridor.
Disposition: Motion Carried Unanimously
(c) Staff Report D2002-06 regarding Underhill proposed Severances.
File: D10
2002-57 Moved by L. Acre
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham recommend to Elgin County
Land Division Committee that the severance application E 10/02 and E 11/02 by
Underhill Farms Limited be approved subject to rezoning to the Rural Residential
(RR) zone and the resizing of the lots to 1 acre(0.4 hectares)."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 25 - February 21,2002
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(d) Staff Report L2002-01 regarding Concession Food Booth.
File: L04
2002-58 Moved by C. Evanitski
Seconded by L. Acre
"That the Corporation of the Municipality of Bayham accept the tender to operate a
Concession Food Booth on the beach at Port Burwell for the summer of 2002, as
submitted by Rick Meyers of the Coop Restaurant,
AND THAT a by-law be prepared to authorize the execution of an agreement with
Rick Meyers for Council's consideration."
Disposition: Motion Carried
(e) Staff Report D2002-04 regarding Official Plan.
File: D08
2002-59 Moved by M. Schafer
Seconded by D. Mason
"THAT the Council of the Corporation of the Municipality of Bayham hereby
resolves to request the Ministry of Municipal Affairs and Housing to modify the
Official Plan as follows:
The lands located on the west side of Toll Gate Road, south of Heritage Line, in Part
Lot 128, Concession 6, S.S.T.R., as shown on the attached Schedule"B"—
Straffordville Future Land Use, to be changed to the"Industrial" designation in the
new Official Plan by Minister's Modification.
AND THAT FURTHER The Council of the Corporation of the Municipality of
Bayham hereby resolves to request the Ministry of Municipal Affairs and Housing
to modify the Official Plan as follows:
The lands located at the northwest corner of the intersection of Talbot Line and
Elliot Road, in Part Lot 15, Concession 10, as shown on the attached Schedule "A"—
Future Land Use of the Municipality of Bayham,to be changed to the"Rural-
Commercial" designation in the new Official Plan by Minister's Modification."
Disposition: Motion Carried Unanimously
(f) Correspondence dated February 5, 2002 from Ron Bradfield regarding the 2002 lease of
the Municipal Boat Launch&Docks.
File: C13
2002-60 Moved by D. Mason
Seconded by M. Schafer
"THAT the correspondence dated February 5,2002 from Ron Bradfield be
received;
AND THAT Staff be directed to prepare a by-law authorizing the execution of a
Lease Agreement with Ron Bradfield for the Municipal Boat Launch & Finger
Docks for 2002 under the same terms and conditions as in 2001."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 26 - February 21, 2002
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report DR2002-01 regarding the Coomber Drain Branches"B" and"G".
File: DR2002-01
2002-61 Moved by L. Acre
Seconded by D. Mason
"THAT Staff Report DR2002-01 regarding the Coomber Drain, Branches "B" and
"G", be received;
THAT the Council of the Municipality of Bayham hereby extends the period for
filing of a report by the Engineer, Spriet Associates, for a further six month period,
to May 10, 2002."
THAT the Council of the Municipality of Bayham acknowledges the filing with the
Clerk of Report No 98181, dated January 31,2002, for the Coomber Drain,
Branches"B" and "G" by the Engineer, Spriet Associates on February 7, 2002;
THAT the Municipality proceed with the Report;
THAT Council set a date of March 7,2002 at 7:05 p.m. to consider the Report;
AND THAT Staff be directed to mail Public Notices and the Engineer's Final
Report,dated January 31,2002 to all persons assessed to this drainage works, and
in accordance with the Drainage Act."
Disposition: Motion Carried Unanimously
(b) Staff Report DR2002-02 regarding the Sproul Municipal Drain,Extension and
Branch"A".
File: DR2002-02
2002-62 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report DR2002-02 regarding the Sproul Municipal Drain,Extension
and Branch "A" be received;
AND THAT the Council of the Municipality of Bayham hereby extends the period
for filing of a report by the Engineer, Spriet Associates, for a further six month
period,to August 21, 2002."
Disposition: Motion Carried Unanimously
Added Item
(c) Correspondence from the Municipality of Huron East requesting support.
File: C10
2002-63 Moved by M. Schafer
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham supports the resolution of the
Municipality of Huron East passed January 22, 2002 requesting the Government of
Canada not to add road salts to the list of CEPA toxic substance."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 27 - February 21, 2002
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Deputy Mayor Acre had requested reconsideration of the request for efficiencies as
outlined in the report from Detachment Commander Ryan Cox.
File: C09
2002-64 Moved by C. Evanitski
Seconded by D. Mason
"AND RESOLVED THAT the Council of the Municipality of Bayham reconsider
the Request to make Efficiencies to the Elgin Group Contract as submitted by
Detachment Commander Ryan Cox."
Disposition: Motion Carried Unanimously
2002-65 Moved by L. Acre
Seconded by D. Mason
"THAT the Corporation of the Municipality of Bayham supports the request for
efficiencies as identified in the report from the Detachment Commander Ryan Cox
as amended on October 23,2001;
AND THAT the Elgin Group Police Services Board be instructed to proceed with
the efficiencies identified, with the understanding that the existing contract budget
amount shall remain intact and without amendment;
AND THAT the Corporation of the Municipality of Bayham further acknowledges
that any overruns in the current contract shall be reconciled in any event."
Disposition: Motion Carried Unanimously
(b) Staff Report P2002-004 regarding Yard Maintenance By-law.
File: P01
2002-66 Moved by M. Schafer
Seconded by L. Acre
"THAT By-law 2002-09 being a by-law to provide for the Maintenance of Yards,
and set fines under the Provincial Offences Act,Part 1, and to repeal By-laws No.
2335, 829 and 94-22 of the former Township of Bayham,Village of Vienna and
Village of Port Burwell respectively, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report P2002-005 regarding Property Maintenance and Occupancy Standards By-
law.
File: P01
2002-67 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Draft By-law 2002-10 be amended by deleting clause 3.63."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 28 - February 21, 2002
(c) (Continued)
2002-68 Moved by L. Acre
Seconded by M. Schafer
"THAT By-law 2002-10,as amended, being a by-law to provide for Property
Maintenance and Occupancy Standards, and set fines under the Provincial Offences
Act, Part 1, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
Y. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 3802 to Cheque# 3899 inclusive, except Cheques
# 3802, 3821, 3834, 3861 and 3870, and totaling $ 186,669.29, and Payroll
Disbursements for the period ending February 6, 2002 totaling$ 36,389.30.
2002-69 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the Cheque Register, being Cheque#3802 to Cheque#3899 inclusive,
except Cheques #3802,3821,3834,3861 and 3870, totaling$ 186,669.29, and
Payroll Disbursements for the period ending February 6, 2002 totaling $ 36,389.30
be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2002-03 regarding 2001 Council Remuneration&Expenses
File: F03.01
2002-70 Moved by L. Acre
Seconded by M. Schafer
"THAT Staff Report F2002-03 regarding 2001 Council Remuneration and Expenses
be received for information."
Disposition: Motion Carried Unanimously
(c) Ministry of Natural Resources, Aylmer District correspondence dated February 12, 2002
regarding Grant of Easement Nos. 455 and 456.
File: L04
2002-71 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Ministry of Natural Resources,Aylmer District correspondence dated
February 12,2002 be received;
AND THAT By-law Nos.2002-14 and 2002-15, being by-laws to authorize the
execution of Grant of Easement Agreements Nos. 455 and 456, respectively,with the
Ministry of Natural Resources,Province of Ontario, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 29 February 21, 2002
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
1. CORRESPONDENCE&REPORTS
(d) Application to conduct a Raffle Lottery submitted by the St. Paul's Port Burwell-Vienna
United Church
File: P09
2002-72 Moved by L. Acre
Seconded by C. Evanitski
"THAT the application dated November 27, 2001 to conduct a Raffle Lottery
submitted by the St. Paul's Port Burwell-Vienna United Church be approved."
Disposition: Motion Carried Unanimously
(e) Council discussed decision-making and passage of resolutions in regard to items
presented by delegations.
2002-73 Moved by M. Schafer
Seconded by D. Mason
"THAT Council defer decisions in regard to delegation presentations until Council
has had time to give the matter further consideration and discussion;
AND THAT delegations be so advised prior to presentations."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Staff Report L2002-02 regarding Water Meter Reading Services.
File: L04
2002-74 Moved by M. Schafer
Seconded by C. Evanitski
"THAT By-Law No.2002-013, being a by-law to authorize the execution of a
contract agreement with Kathy Bradfield for the provision of water meter reading
services for properties in the Municipality of Bayham, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 30- February 21, 2002
10. ENVIRONMENT (continued)
1. CORRESPONDENCE&REPORTS
(b) Staff Report E2002-001 regarding Residential Septic Hauling Disposal Service.
File: E07
2002-75 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Staff Report E2002-001 regarding residential septic hauling disposal service
be received;
AND THAT the Council of the Municipality of Bayham approves the provision of
Bayham residential septic disposal services at the Municipal Wastewater Treatment
Plant as outlined in Staff Report E2002-001;
AND THAT By-law 2002-016, being a by-law to further amend the Rates and Fees
By-law 2000-06,as amended, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Correspondence dated February 11, 2002 from Jim and Mary Jane Popp requesting
exemption from sanitary sewer connection requirements. (Deferred)
File: C13
Added Items
(d) Staff Memorandum dated February 21, 2002 regarding Waste Collection--Straffordville
grocery store.
File: C13
2002-76 Moved by L. Acre
Seconded by M. Schafer
"THAT the Municipality provide bin service for the Straffordville grocery store for
the year 2002 provided the store operator ensure full use of the available curbside
collections; that the bin be locked to ensure store waste only is collected and that all
efforts be made to reduce/crush waste and recycled materials to minimize costs."
Disposition: Motion Carried Unanimously
(e) Staff Memorandum dated February 21, 2002 regarding Sanitary Sewer Connection Fees—
Deemed Lots.
File: E01
MOTION TO EXTEND LENGTH OF MEETING
2002-77 Moved by M. Schafer
Seconded by L. Acre
"THAT in accordance with Section 12 of Procedural By-law 98-02, Council shall
deal with business until 11:15 p.m. at its meeting of February 21,2002."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 31 - February 21, 2002
11. COMMITTEE OF THE WHOLE
2002-78 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss a confidential property matter."
Disposition: Motion Carried Unanimously
2002-79 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Confidential discussion of a property matter.
Councillor Evanitski requested a Recorded Vote on the following resolution.
2002-80 Moved by D. Mason
Seconded by L. Acre
"THAT Council consider acceptance of the offer received from Mr. Dwayne
Blanchard on behalf of Small Craft Harbours, conditional on the following:
• Establishment of an appropriate Reserve Fund for capital contribution,with
requirements that interest revenue only be utilized for current
maintenance/operations, and capital amount only for Harbourfront development
supporting an outer harbour marina development.
• Clarification, to the satisfaction of Council,of the level of maintenance required
for the five-year requirement of DFO.
• Confirmation of insurance ramifications.
• Investigation of inclusion of hold harmless provisions in any transfer from
Environmental Liability."
Disposition: Motion Carried on a Recorded Vote 3 to 2
L. Acre Yes C. Evanitski No D. Mason Yes
M. Schafer Yes M. Stewart No
12. BY-LAWS
By-law 2002—09 A By-law to Provide for Maintenance of Yards
By-law 2002— 10 A By-law to Establish Property Maintenance&Occupancy
Standards
By-law 2002— 13 A By-law to Authorize the Execution of an Agreement with Kathy
Bradfield for Water Meter Reading Services
By-law 2002— 14 A By-law to Authorize the Execution of a Grant of Easement
Agreement No. 455 with MNR
By-law 2002— 15 A By-law to Authorize the Execution of a Grant of Easement
Agreement No. 456 with MNR
By-law 2002— 16 A By-law to Amend Rates&Fees By-law 2000-06 as Amended
COUNCIL MINUTES - 32 - February 21,2002
12. BY-LAWS (continued)
2002-81 Moved by L. Acre
Seconded by C. Evanitski
"THAT By-laws 2002-09,2002-10 as amended,2002-13, 2002-14,2002-15 and 2002-
16 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 2002— 12 A By-law to confirm all actions of Council
2002-82 Moved by M. Schafer
Seconded by L. Acre
"THAT confirming By-law 2002-12 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2002-83 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the meeting be adjourned at 11:16 p.m."
Disposition: Motion Carried Unanimously
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MAYOR C ERK
Date Approved: (\ 1 D