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HomeMy WebLinkAboutApril 04, 2002 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, April 4,2002 7:00 p.m. (Court of Revision 7:30 pm.) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, April 4, 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, Drainage Superintendent Dwayne Daniel and Treasurer Suzanna Mantel. 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 Schafer disclosed an interest in Item 7.1(a) as he is related to the applicant and did not take part in the discussion. 3. APPROVAL OF MINUTES Minutes of Special Meeting held March 19, 2002 Minutes of the Regular Meeting held March 21,2002 Minutes of Special Meeting held March 22, 2002 2002-148 Moved by M. Schafer Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held March 19, 2002 be approved." Disposition: Motion Carried Unanimously 2002-149 Moved by C. Evanitski Seconded by L. Acre "THAT the minutes of the special meeting of the Municipality of Bayham held March 21,2002 be approved." Disposition: Motion Carried Unanimously 2002-150 Moved by L. Acre Seconded by M. Schafer "THAT the minutes of the special meeting of the Municipality of Bayham held March 22,2002 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 59- April 4, 2002 4. DELEGATIONS (a) 8:00 p.m.—John Johnson, OMAFRA,was in attendance to present a brief overview regarding the status of Bill 81 (Nutrient Management). Mr. Johnson noted that there are several groups preparing standards to assist in protection for water sources to be incorporated into the Act. Since the Municipality's interim by-law expires on July 20, 2002,he encouraged Council to support implementation of a new by-law until such time as the provincial legislation is passed. He suggested sample models being implemented by Huron-Perth, Grey-Bruce and Middlesex Counties or examples on the Ministry website. In addition,he commented that the West Elgin by-law was modeled after that of the County of Oxford. Mr. Johnson added that OMAFRA has been requested to do a third party review of Nutrient Management Plans. In some cases a fourth party review is being requested. Councillor Evanitski questioned whether Conservation Authorities would play a part in the review process,noting that Long Point has been approached to do so in Norfolk County. He added that the Conservation Authorities would like to be included in the review process. Mr. Johnson responded that he was uncertain whether the Conservation Authorities were prepared to deal with and that restraint rather than the hiring of additional staff is the norm, but that he would get back to him. 5. INFORMATION ITEMS 2002-151 Moved by C. Evanitski Seconded by M. Schafer "THAT Information Items 5(a) through 5(1) be received for information." Disposition: Motion Carried Unanimously (a) Bayham Economic Development and Tourism Committee minutes of meeting held February 27, 2002 File: C06 (b) Bayham Joint Cemetery Board minutes of meeting held November 22, 2001 File: C06 (c) Bayham Community Centres Committee minutes of meeting held January 24, 2002 File: C06 (d) Ernie Eves Leadership Campaign correspondence dated March 18, 2002 responding to Council's resolution regarding Bill 90, the Waste Diversion Act. File: A16 (e) Ontario Superbuild Corporation correspondence dated March 15, 2002 regarding the Ontario Superbuild Progress Report. (Full Report available) File: Fl l (f) Association of Municipalities of Ontario correspondence dated March 19, 2002 regarding "Province Appoints Social Housing Services Corporation Board of Directors". File: A01 (g) Federation of Canadian Municipalities correspondence dated March 18, 2002 regarding "Ratification of the Kyoto Protocol: what's the hot air all about?' File: A16 (h) Tillsonburg&District Multi-Service Centre pamphlet and newsletter. File: A01 COUNCIL MINUTES - 60- April 4, 2002 5. INFORMATION ITEMS (continued) (i) Long Point Region Conservation Authority minutes of meeting held February 28,2002. File: A16 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Memorandum C2002-07 regarding Economic Development & Tourism Committee Resolution. File; C06 2002-152 Moved by M. Schafer Seconded by D. Mason "THAT Staff memorandum C2002-07 be deferred to the next meeting." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 2. CORRESPONDENCE AND REPORTS (a) Staff Report D2002-12 regarding Creek Road Closure. File: D10 2002-153 Moved by D. Mason Seconded by C. Evanitski "THAT staff be directed to negotiate with adjoining property owners regarding the stop up, close and conveyance of a portion of Creek Road pursuant to the Municipal Act and in accordance with Municipal policy." Disposition: Motion Carried Unanimously (b) Staff Report T2002-02 regarding Road Network Study—County Roads. File: T06 2002-154 Moved by C. Evanitski Seconded by L. Acre "THAT the Municipality of Bayham inform the County of Elgin that it is not supportive of the transfer of the County Roads identified in its January 314 Road Network Study until such time as a full evaluation of the long term capital needs for each road is completed,and required works agreed upon." Disposition: Motion Carried Unanimously 3. UNFINISHED BUSINESS (a) County of Elgin correspondence dated March 18, 2002 requesting comments on the "Road Network Study". (See Item 7.1(b) above) File: A16. COUNCIL MINUTES - 61 - April 4, 2002 7. ROADS, AGRICULTURE & DRAINAGE (continued) 3. COURT OF REVISION 2002-155 Moved by L. Acre Seconded by C. Evanitski "THAT in accordance with provisions of the Drainage Act, the Council of the Municipality of Bayham hereby appoints Mayor Max Stewart,Deputy Mayor Lynn Acre, and Councillors David Mason, Mathew Schafer and Cliff Evanitski to sit as members of the Court of Revision; THAT Mayor Stewart act as Chairman; AND THAT the Council Meeting be adjourned for the purpose of holding a Court of Revision pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously Declarations of Office as members of the Drainage Court of Revision were subscribed. 1. Application: Court of Revision regarding the assessment of properties in regard to Drainage Report No. 98181 prepared by Spriet Associates and referred to as the Coomber Drain Branches B"&«G, 2. Declaration of Pecuniary Interest and the General Nature Thereof None 4. Staff Comments Dwayne Daniel, Drainage Superintendent advised that there bad been no written objections received by the Clerk 4. Public Comments None 5. Council Comments and Questions None 6. Disposition of Item 2002-156 Moved by C. Evanitski Seconded by D. Mason "THAT in regard to the Court of Revision for the Coomber Drain Branches"B" and "G", there being no appeals, assessments be confirmed as per the Engineer's Report 98181 dated January 31,2002." Disposition: Motion Carried Unanimously 7. Adjournment 2002-157 Moved by L. Acre Seconded by C. Evanitski "THAT the Court of Revision be adjourned at 7:40 p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 62 - April 4,2002 8. PROPERTY, BUILDING & PROTECTIVE SERVICES None 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque # 4032 to Cheque# 4089 inclusive, except cheques #4032 and 4072 totaling $ 73,695.47, Cash Requirements for the period ending April 20th and Payroll Disbursements for the period ending March 20, 2002 totaling $ 36,643.48. 2002-158 Moved by M. Schafer Seconded by C. Evanitski "THAT the Cheque Register, being Cheque#4032 to Cheque#4089 inclusive, except cheques#4032 and 4072 totaling $ 73,695.47, Cash Requirements for the period ending April 20th and Payroll Disbursements for the period ending March 20,2002 totaling $36,643.48 be approved." Disposition: Motion Carried Unanimously (b) Staff Report R2002-04 regarding 2002 Municipal Assistance Applications. File: H08 2002-159 Moved by L. Acre Seconded by D. Mason "THAT the requests for Municipal Assistance as outlined in Attachment#2 to Report R2002-04 be approved for 2002." Disposition: Motion Carried Unanimously (c) Port Burwell-Bayham Horticultural Society correspondence requesting May plant sale donations. File: C13 2002-160 Moved by L. Acre Seconded by D. Mason "THAT the Port Burwell-Bayham Horticultural Society correspondence requesting May plant sale donations be received for information." Disposition: Motion Carried Unanimously (d) Staff Report F2002-04 regarding Water& Sewer Rates. File: F05 2002-161 Moved by D. Mason Seconded by L. Acre "THAT Staff Report F2002-04 be received; THAT water rates be set at$10.50 per month plus$1.15 per cubic meter and; THAT sewer rates be set at $27.00 per month for 2002; AND THAT water and sewer rate by-laws be prepared for Council's endorsement." Disposition: Motion Carried Ileanimaktsly COUNCIL MINUTES - 63 - April 4, 2002 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 2. UNFNISHED BUSINESS (a) Correspondence dated March 15, 2002 from Paul and Mary DeCloet regarding Mandatory Sanitary Sewer Connection and$3,000 deposit. File: D10 2002-162 Moved by C. Evanitski Seconded by L. Acre "THAT the correspondence dated March 15, 2002 from Paul and Mary DeCloet regarding Mandatory Sanitary Sewer Connection be received; AND THAT the refund of the$3,000 deposit to Paul and Mary DeCloet be held until the sewer connection has been made." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Memorandum dated April 2, 2002 regarding Sanitary Sewer Frontage—Florence Ferris. File: E01 2002-163 Moved by D. Mason Seconded by L. Acre "THAT Staff Memorandum dated April 2, 2002 regarding Sanitary Sewer Frontage —Florence Ferris be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2002-164 Moved by L. Acre Seconded by M. Schafer "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 2002-165 Moved by C. Evanitski Seconded by L. Acre "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE& REPORTS (a) Correspondence dated March 18, 2002 regarding a confidential property matter. File: L07 COUNCIL MINUTES - 64 - April 4, 2002 12. BY-LAWS Staff advised that the Tollgate Road from Calton Line to Jackson Line project had been incorporated. There was discussion of the public works capital portion of the 2002 Budget with regard to excluding the paving Erieus Street this year. By-law 2002 -22 A By-law to Amend B/L 99-95 re Mandatory Sewer Connections By-law 2002 - 27 A By-law to Amend B/L 2001-85 Imposing Sewer Rates By-law 2002—28 A By-law to Adopt Assessment on which Taxes to be levied& Current Estimates for 2002 2002-166 Moved by L. Acre Seconded by C. Evanitski "THAT By-laws 2002-22,2002-27 and 2002-28 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously By-law 2002—23 A By-law to confirm.all actions of Council 2002-167 Moved by C. Evanitski Seconded by L. Acre "THAT confirming By-law 2002-23 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2002-168 Moved by L. Acre Seconded by C. Evanitski "THAT the meeting be adjourned at 9:40 p.m." Disposition: Motion Carried Unanimously MAYOR CIl Date Approved: (.2/'v_. / 8/4 4.