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Home My WebLink AboutNovember 07, 2002 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,November 7,2002 7:00 p.m. (Public Meetings @ 7:30 & 8:00 p.m.) The regular meeting of the Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday,November 7, 2002 in Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Lynn Acre, Councillors Matt Schafer and Cliff Evanitski,Administrator Kyle Kruger, Clerk Lynda Millard, Co-ordinator of Planning Michael Graves and Treasurer Suzanna Mantel. Councillor David Mason and was absent. 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 advised of a pecuniary interest during discussion of the proposed water and sewer by-law in regard to vacant commercial properties and vacated Council Chambers for the remainder of the discussion of this item. (9.1(e)) 3. APPROVAL OF MINUTES Minutes of the Regular Meeting held October 17, 2002 2002-448 Moved by C. Evanitski Seconded by L. Acre "THAT the minutes of the regular meeting of the Municipality of Bayham held October 17, 2002 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 2002-449 Moved by L. Acre Seconded by C. Evanitski "THAT Information Items 5(a) through 5(j) be received for information." Disposition: Motion Carried Unanimously (a) Elgin Group Police Services Board minutes of meeting held September 24, 2002. File: C06 COUNCIL MINUTES 164- November 7, 2002 5. INFORMATION ITEMS (continued) (b) AMO "Alert"correspondence dated October 25 &30, 2002 regarding"Ontario Regulation 244/02", "Added Concern about OMERS Devolution", "Two-Hatter Bill Moves Forward Despite Close Vote" and"AMO Responds to Introduction of Safe Water Act". File: A01 (c) Ontario Heritage Foundation correspondence dated October 4, 2002 requesting participation in the "Young Heritage Leaders Program 2002". File: M02 (d) Pilot Emission Removals, Reductions and Learning Initiative (PERRL) correspondence dated October 17, 2002 "Announcing a New Climate Change Opportunity for Municipalities". File: A01 (e) Federation of Canadian Municipalities correspondence dated October 16, 25 and 29, 2002 regarding "FCM Intervention I Rights-of-Way Case Contributes to Victory for Municipal Governments ", "Municipal Perspective on Government of Canada Draft Climate Change Plan"and"FCM Appeal to CRTC Municipal Rights—of- Way Ruling Heard Today in Federal Court". File: A01 (f) Environment Canada Memorandum dated October 18, 2002 regarding"Public forecast region review". File: A16 (g) Rail Ways to the Future correspondence dated October 17, 2002 and attachments regarding the Canada Southern Railway(CASO) dismantlement. File: T16 (h) Steve Peters M.P.P. News Release dated October 24, 2002 "John's has failed the farmers of this province, Peters". File: A16 (i) Elgin St. Thomas Health Unit correspondence dated October 9, 2002 regarding the `Elgin Food Cost/Poverty Report—2002 and the"Food For All"Projects in Elgin County East Elgin. File: A16 (j) Canadian Industry Program for Energy Conservation(CIPEC) 2000/2001 Annual Report. File: A01 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2002-46 regarding CD Phillips Severance (Submission E087/02). File: D10 2002-450 Moved by C. Evanitski Seconded by L. Acre "THAT the Council of the Municipality of Bayham recommend to Elgin County Land Division Committee that the severance application E87/02 by CD Phillips Limited approve of the severance subject to rezoning from Agricultural (Al) to Institutional(I) Zone." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 165 - November 7, 2002 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE AND REPORTS (b) Staff Report D2002-48 regarding Abe Peters Sr. Severance (Submission E080/02). File: D10 2002-451 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report D2002-48; AND THAT Council recommend to the Elgin County Land Division Committee that the severance applications E78/02; E79/02; E80/02 and E81/02 by Abraham and Emma Peters be approved subject to rezoning from Agricultural(Al) to Hamlet Residential(HR)zone for the reasons contained in report D2002-48." Disposition: Motion Carried Unanimously (c) Staff Report D2002-49 regarding Abe Peters Jr. Severance (Submission E083/02). File: D10 2002-452 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report D2002-49; AND THAT Council recommend to the Elgin County Land Division Committee that the severance application E83/02 by Abraham and Stephanie Peters be approved subject to rezoning from Agricultural (Al) to Hamlet Residential (HR) zone for the retained parcels and from Agriculture(Al) to site specific Al-nn for the parcel to be sold for the reasons contained in report D2002-49." Disposition: Motion Carried Unanimously (d) Staff Report D2002-50 regarding Art Fisher Severance (Submission E085/02). File: D10 2002-453 Moved by C. Evanitski Seconded by L. Acre "THAT the Council of the Municipality of Bayham receive report D2002-50; AND THAT Council recommend to the Elgin County Land Division Committee that the severance application E85/02 by Art and Mary Fisher be approved subject to rezoning from Agricultural(Al) to Estate Residential(ER)zone for the reasons contained in report D2002-50." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2002-454 Moved by M. Schafer Seconded by L. Acre "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 COUNCIL MINUTES - 166 - November 7, 2002 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. PUBLIC MEETING(t) 1.(a) Application: 7:30 p.m.—Official Plan Amendment Application to change designation on a parcel of land comprising approximately 2.3 hectares(5.6 acre) described as Part Lot 131, Concession 7, on the north side of Heritage Line, east of Toll Gate Road in the Municipality of Bayham from Agriculture to the Industrial zone, submitted by Robert Valcke. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2002-51 was presented by the Co-ordinator of Planning. Mr. Graves advised that Mr. Valcke is attempting to bring his business into compliance. He noted that he is not aware of any complaints. He added that comments from the MOE had just been received today and that there are no requirements for a certificate of approval. He suggested that Mr. Valcke may wish time to consider these comments. 4. Public Comments Lauren Lee commented that Mr. Valcke provides a recycling service and that she is supportive of the amendment. 5. Council Comments and Questions Councillor Evanitski noted that there are industrial zoned sites available for such activities. Councillor Schafer noted that the Municipality has been aware that this business existed. 6. Adjournment 2002-455 Moved by C. Evanitski Seconded by L. Acre "THAT the Public Meeting be adjourned at 7:46 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2002-456 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report D2002-51; AND THAT the application for Official Plan Amendment by Robert Leon Valcke be deferred to the November 21St Council meeting. " Disposition: Motion Carried Unanimously COUNCIL MINUTES - 167 - November 7, 2002 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. PUBLIC MEETING(2) 2002-457 Moved by L. Acre 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.(b) Application: 8:00 p.m. - Application to change zoning on a parcel of land being approximately 1.14 hectares(2.8 acres) described as Part of Lot 1, Concession 4, on the east side of Richmond Road, north of Calton Line in the Municipality of Bayham from Agriculture to the Institutional zone, submitted by CD Phillips Ltd. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2002-47 was presented by the Co-ordinator of Planning. He noted that no comments have been received. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2002-458 Moved by L. Acre Seconded by M. Schafer "THAT the Public Meeting be adjourned at 8:02 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2002-459 Moved by M. Schafer Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report D2002-47; AND THAT Council approve the rezoning application submitted by CD Phillips Limited to rezone part of Lot 1, Concession 4 from Agricultural(A1) to Institutional (I) Zone for the reasons contained in report D2002-47." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE AND REPORTS None COUNCIL MINUTES - 168 - November 7,2002 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE AND REPORTS (a) Building Permit Report for the month of October. File: P10 2002-460 Moved by C. Evanitski Seconded by M. Schafer "THAT the Building Permit Report for the month of October 2002 be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated October 31, 2002 from Scott,Petrie, Brander, Walters& Wright regarding purchase from Canadian Pacific Railway Company. File: L07 2002-461 Moved by L. Acre Seconded by C. Evanitski "THAT the correspondence dated October 31,2002 from Scott, Petrie,Brander, Walters & Wright be received for information." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 5051 to Cheque#5158 inclusive, except Cheques #s 5052, 5065 and 5130 totaling $ 232,655.56, Cash Requirements for the period ending November 20th and Payroll Disbursements for the periods ending October 16 and 30, 2002 totaling $ 68,046.76. 2002-462 Moved by C. Evanitski Seconded by M. Schafer "THAT the Cheque Register being Cheque# 5051 to Cheque# 5158 inclusive, except Cheques #5052, 5065 and 5130 totaling $232,655.56, Cash Requirements for the period ending November 20th, and Payroll Disbursements for the periods ending October 16 and 30, 2002 totaling $68,046.76 be approved." Disposition: Motion Carried Unanimously (b) Ayhner and Area Chamber of Commerce Newsletter"Chamber Chatter" September 2002 edition and Membership Application. File: M07 2002-463 Moved by M. Schafer Seconded by L. Acre "THAT the Aylmer and Area Chamber of Commerce Newsletter"Chamber Chatter" September 2002 edition be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 169- November 7,2002 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (c) Correspondence dated October 24, 2002 from Irmgard Simmonds requesting monetary assistance. File: C13 2002-464 Moved by L. Acre Seconded by M. Schafer "THAT correspondence dated October 24, 2002 from Irmgard Simmonds be received for information." Disposition: Motion Carried Unanimously (d) Bayham Community Centres Committee draft minutes of meeting held October 24, 2002. File: C06 2002-465 Moved by L. Acre Seconded by C. Evanitski "THAT the Bayham Community Centres Committee draft minutes of meeting held October 24, 2002 be received; AND THAT Council approves the request to carry forward into the 2003 capital budget any balance of the Community Centres 2002 capital budget funds unexpended at December 31, 2002." Disposition: Motion Carried Unanimously (e) Staff Report F2002-21 regarding Water& Sewer By-law. File: F05.01 2002-466 Moved by C. Evanitski Seconded by L. Acre "THAT Staff Report F2002-21 be received: AND THAT By-law 2002-076, being a by-law to set water and sewer rates in the Municipality of Bayham, be presented to Council for enactment; AND THAT Council refer the matter of vacant commercial units to the Economic Development Committee for recommendation." Disposition: Motion Carried COUNCIL MINUTES - 170- November 7, 2002 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Quarterly Reports for the Pt. Burwell Secondary Water System and for the Bayham Secondary Water System for the period ending September 30, 2002. File: E08 2002-467 Moved by L. Acre Seconded by C. Evanitski "THAT the Quarterly Reports for the Pt. Burwell Secondary Water System and for the Bayham Secondary Water System for the period ending September 30, 2002 be received for information." Disposition: Motion Carried Unanimously (b) Ontario Clean Water Agency Performance Assessment Report—Wasterwater Treatment Plant. File: E01 2002-468 Moved by C. Evanitski Seconded by L. Acre "THAT the Ontario Clean Water Agency Performance Assessment Report— Wasterwater Treatment Plant dated October 25, 2002 be received for information." Disposition: Motion Carried Unanimously (c) Staff Report E2002-012 regarding Provisional Certificate of Approval for Organic Soil Conditioning Site Salcin Haulage. File: E01 2002-469 Moved by M. Schafer Seconded by L. Acre "THAT Staff Report E2002-012 regarding Provisional Certificate of Approval for Organic Soil Conditioning Site—Salcin Haulage be received; AND THAT Staff provide the Ministry of Environment, local concerns to address respecting Provisional Certificates of Approval # S-0708-69 and #S-0708-70, including concerns regarding identified issues of water quality and shallow wells in the area, the length of time allowed to incorporate the material and potential for odours and runoff, and the close proximity of drainage areas and municipal drains." Disposition: Motion Carried Unanimously 2002-470 Moved by M. Schafer Seconded by L. Acre "THAT the Municipality of Bayham request the Ministry of Environment establish policies requiring notice and consultation with th eaffected municipality prior to the issuance of Certificates of Approval for organic soil conditioning sites; AND THAT this resolution be circulated to AMO and ROMA for support." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 171 - November 7,2002 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS 2002-471 Moved by C. Evanitski Seconded by M. Schafer "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss confidential property, legal and personal matters." Disposition: Motion Carried Unanimously 2002-472 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) Confidential correspondence regarding a personal matter. File: E01 (b) Confidential correspondence regarding a personal matter. File: E01 2002-473 Moved by L. Acre Seconded by M. Schafer "THAT the requests for extension of the deadline to June 30,2003 for mandatory sewer connections be approved as follows: • Mark and Rose Gardner, 9292 Plank Road, Straffordville • Jozeph and Mellissa Pihokker, 8277 Sandytown Road, Straffordville Disposition: Motion Carried Unanimously (c) Confidential correspondence regarding a property matter. (d) Confidential correspondence regarding a legal matter. 2002-474 Moved by L. Acre Seconded by C. Evanitski "THAT Council authorize the Municipal Solicitor to present an offer to settle as outlined in Confidential Staff Report L2002-05." Disposition: Motion Carried Unanimously (e) Confidential correspondence regarding a legal matter. COUNCIL MINUTES - 172 - November 7,2002 12. BY-LAWS By-law Z447-2002 A By-law to amend Zoning By-law 2387 (CD Phillips) By-law 2002- 76 A By-law to set water&sewer rates 2002-475 Moved by C. Evanitski Seconded by L. Acre "THAT By-laws Z447-2002 and 2002-76 be read a first, second and third time and finally passed." Disposition: Motion Carried By-law 2002—79 A By-law to confirm all actions of Council 2002-476 Moved by L. Acre Seconded by M. Schafer "THAT confirming By-law 2002-79 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2002-477 Moved by M. Schafer Seconded by C. Evanitski "THAT the meeting be adjourned at 9:45 p.m." Disposition: Motion Carried Unanimously 0?,076. 1-1,.-e/--3;42t ,P-r14/r/ nr--, MAYOR CLERK Date Approved: /10 V ol��d