HomeMy WebLinkAboutJanuary 18, 2001 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,January 18,2001
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, January 18, 2001 in Council Chambers. Present were Mayor Max Stewart, Deputy
Mayor Lynn Acre, Councilors David Mason, Mathew Schafer and Cliff Evanitski,
Administrator Kyle Kruger, Clerk Lynda Millard and Planning Co-ordinator Michael Graves.
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
Mayor Stewart disclosed pecuniary interest in regard to item 6.1 (t), and prior to •
discussion he vacated, and Deputy Mayor Lynn Acre assumed the Chair for this item.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held January 4, 2001
Minutes of the Special Meeting held January 9, 2001
2001-28 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
January 4, 2001 be approved."
Disposition: Motion Carried Unanimously
2001-29 Moved by L. Acre
Seconded by D. Mason
"THAT the minutes of the special meeting of the Municipality of Bayham held
January 9, 2001 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:05 p.m.—Michelle Babcock and Steve Vinnai representing the Port Burwell and.the
Straffordville Scouting Movement in Bayham were present to "Woggle" the Mayor.
("Woggling" entailed a presentation of neckerchiefs and woggles). The presentation was
made in regard to local promotion of Scout/Guide Week being held February 18—24 in
honour of the founder Lord Baden-Powell. A large number of Scouting young people
were also present.
Item 6.1(h)
COUNCIL MINUTES - 12- January 18, 2001
5. INFORMATION ITEMS
2001-30 Moved by D. Mason
Seconded by M. Schafer
"THAT Information Items 5(a) through 5(1) be received for information."
Disposition: Motion Carried Unanimously
(a) Federation of Canadian Municipalities correspondence dated November 2, 2000
regarding the First Annual Sustainable Communities Conference and Trade Show in
Ottawa February 8 —10, 2001.
File: A04
(b) Cowan News dated December 2000
File: M07
(c) Southern Ontario Tourism Organization Report Card on Progress—December 2000
File: A01
(d) Willms& Shier"Environmental Law" Publication Winter 2000 edition.
File: M07
(e) Tony Clement, Minister of Municipal Affairs correspondence dated December 19, 2000.
File: A16
(f) Attorney General and Minister Responsible for Native Affairs correspondence dated
December 27, 2000 regarding implementation of Provincial Offences Act(POA) Transfer
initiative.
File: A16
(g) Minister of Health and Long-term Care correspondence dated December 11, 2000
regarding "Notice of Order under the Ambulance Act".
File: A16
(h) Ministry of Municipal Affairs &Housing correspondence dated December 8, 2000
regarding the Municipal Performance Measurement Program.
File: A16
(i) Correspondence dated December 12, 2000 from Gar Knutson, MP Elgin-Middlesex-
London and copy of letter of response from Andre Ouellet, President and CEO of Canada
Post regarding request to issue a stamp honouring Volunteer firefighters.
File: A16
(j) Building Ontario's Future—A Superbuild Progress Report—December 2000
File: A16
(k) Elgin Federation of Agriculture correspondence dated November 30, 2000 and copy of
Executive Summary and Table of Contents from the"Agricultural Sector Assessment
Study" attached.
File: A16
{1) Straffordville Cemetery Board meeting minutes of meeting held December 20, 2000.
File: S09
COUNCIL MINUTES - 13 - January 18, 2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) County of Elgin Notice of Application for Consent #E 105/00, to sever property
described as Part Lot 15, Concession 10, to create a lot with a frontage of 50 metres along
Elliott Road by a depth of 403.674 metres submitted by Brian John Hoover.
The affect of the application permits the establishment of three rural residential lots.
File: D10
2001-31 Moved by C. Evanitski
Seconded by D. Mason
"THAT the County of Elgin Land Division Committee be advised that the Council
of the Corporation of the Municipality of Bayham recommends approval of Consent
Application E-105/00 submitted by Brian John Hoover to sever a lot with a frontage
of 50.0 metres along Elliott Road, by a depth of 403.674 metres from property
described as Part Lot 15, Concession 10, Municipality of Bayham, to facilitate the
creation of one new building lot for residential purposes, subject to the following
conditions:
• That due to two new lots being created, $1,000 cash in lieu of parkland
dedication be paid to the municipality;
• Subject to approval for use by three separate septic systems and three separate
wells;
• That Municipal Drain assessment be split between the three newly created lots;
• That the applicant deposit with the Municipal Clerk a copy of the survey plan
prepared for the severed portions."
Disposition: Motion Carried Unanimously
(b) County of Elgin Notice of Application for Consent# E 109/00, to sever property
described as Part Lot 10, Concession 8, known as 54966 Ottergate Line to create a lot
with a frontage of 121.92 metres along Ottergate Line by a depth of 57.91 metres,
proposed to create one new lot for industrial purposes, submitted by George and
Wilhelmina Vermeersch.
File: D10
2001-32 Moved by L. Acre
Seconded by D. Mason
"THAT the County of Elgin Land Division Committee be advised that the Council
of the Corporation of the Municipality of Bayham recommends approval of Consent
Application
E-109/00 submitted by George and Wilhelmina Vermeersch to sever a lot with a
frontage of 121.92 metres along Ottergate Line, by a depth of 57.91 metres from
property described as Part Lot 10, Concession 8, Municipality of Bayham, to
facilitate the creation of one new lot for industrial purposes, subject to the following
conditions:
• That $500 cash in lieu of parkland dedication be paid to the municipality, and
• That the applicant deposit with the Municipal Clerk a copy of the survey plan
prepared for the severed portion."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 14 - January 18, 2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(c) Correspondence dated December 29, 2000 from the Port Burwell Historical Society
requesting endorsement for an application to the Ontario Heritage Foundation for a
Provincial Plaque for the Lighthouse.
File: A01
2001-33 Moved by D. Mason
Seconded by M. Schafer
"THAT the correspondence dated December 29,2000 from the Port Burwell
Historical Society be received;
AND THAT the Council of the Municipality of Bayham supports an
application to the Ontario Heritage Foundation for a Provincial Plaque for the
Lighthouse;
AND THAT permission be granted to the Port Burwell Historical Society to place
the Plaque, when approved, on municipal owned property at the Lighthouse site;
AND THAT the said Society assume all costs associated with the purchase of the
plaque and its installation."
Disposition: Motion Carried Unanimously
(d) Ministry of Citizenship, Culture and Recreation correspondence dated December 2000
requesting nominations for "The Ontario Volunteer Service Awards", "The Outstanding
Achievement Awards for Voluntarism in Ontario" and "The Ontario Medal for Young
Volunteers". (Deadline March 2, 2001) (Deferred to February 15th)
File: A16
(e) Canada Day Youth Award 2001 information package. (Deadline March 30, 2001)
File: A16
2001-34 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Canada Day Youth Award 2001 information be received;
AND THAT notice of same be posted in the municipal office and information made
available to the public;
AND THAT nominations from the public be accepted until noon Monday, February
12th and forwarded to Council for consideration at the meeting to be held February
150h.'9
Disposition: Motion Carried Unanimously
(f) Staff Report D2001-05 regarding Severance Application (Elgin Land Division
Committee Application for Consent #E101/00 submitted by Dawn& Tony Keilly).
File: D10
2001-35 Moved by C. Evanitski
Seconded by L. Acre
"THAT Staff Report D2001-05 regarding the severance application by Dawn and
Tony Kielly be received for information."
Disposition: Motion Carried
COUNCIL,MINUTES - 15 January 18, 2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE& REPORTS
(g) Staff Report 132001-06 regarding Rezoning Application by Robert&Joan Gregson. (In
regard to Staff Report D2001-04 regarding public hearing for rezoning application
submitted by Joan and Robert Gregson to change zoning on property described as Part
of Lot 14, Concession 5, (Jackson Line)from the Agricultural (Al) designation to a Rural
Residential(RR) designation to facilitate the creation of a building lot for retirement
purposes. -Deferred from January 4th)
File: D14
2001-36 Moved by D. Mason
Seconded by C. Evanitski
"THAT the application submitted by Robert and Joan Gregson to rezone a parcel of
land on the south side of Jackson Line, being Part of Lot 14, Concession 5, from the
Agricultural (A1)Zone to the site specific Rural Residential (RR-30)Zone allowing
a lot with a 120 metre frontage, allowing only one single-detached dwelling be
approved.
AND THAT Zoning By-law Number Z424-2001 be presented to Council for
enactment"
Disposition: Motion Carried Unanimously
(h) Correspondence dated January 10, 2001 from Michelle Babcock, Scout Leader regarding
"Woggling" the Mayor.
File: C13
2001-37 Moved by D. Mason
Seconded by M. Schafer
"THAT the correspondence dated January 10, 2001 from Michelle Babcock, Big
Creek District—Public Relations regarding "Woggling" the Mayor be received for
information."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
Disposition of Application for rezoning:
(a) Staff Report D2001-02 regarding public hearing for rezoning application submitted by
George and Darya Rousseau to change zoning on property described as Part Lot 15,
Concession 2, (5217 Plank Road) to amend the Special Agriculture (A1-25) designation
to permit a Fruit Winery with a Retail Store. (Deferred from January 4th)
File: D14
COUNCIL MINUTES - 16 - January 18, 2001
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report T2001-01 Minimum Maintenance Standards—Draft Policy and
Intersection Control Beacons—Draft Policy.
File: T06
2001-38 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report T2001-01 be received;
AND THAT:
1. The Municipality of Bayham inform the County of Elgin of its acceptance of
Draft#3 of the "Minimum Maintenance Standards for Municipal
Highways"; and
3. The Municipality of Bayham inform the County of Elgin that it has no
objections to the draft policy regarding Intersection Control Beacons."
Disposition: Motion Carried Unanimously
S. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
No Items
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register, being Cheque# 1841 to Cheque# 1944 inclusive, except Cheque
#1911 and totaling $ 166,943.15 and Payroll Disbursements for the period ending
January 10, 2001 totaling $ 37,132.02.
File: F04
2001-39 Moved by L. Acre
Seconded by D. Mason
"THAT the Cheque Register, being Cheque# 1841 to Cheque# 1944 inclusive,
except Cheque# 1911, totaling $ 166,943.15 and Payroll Disbursements for the
period ending January 10, 2001 totaling $37,131.02 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 17 - January 18,2001
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(b) Correspondence dated December 19, 2000 from the Children's Hospital of Western
Ontario Foundation requesting permission to sell Raffle Lottery tickets under City of
London License No. M221181.
File: P09
2001-40 Moved by D. Mason
Seconded by L. Acre
"THAT the correspondence dated December 19, 2000 from the Children's Hospital
of Western Ontario Foundation be received;
AND THAT Council hereby grants permission to sell Raffle Lottery tickets in the
Municipality of Bayham under City of London License No. M221181."
Disposition: Motion Carried Unanimously
(c) Long Point Region Conservation Authority correspondence dated December 8, 2000
regarding the Draft 2001 Budget. (Also copy of correspondence dated January 12, 2001
from the County of Oxford objecting to the LPRCA proposed budget increases for 2001.)
File: A16
2001-41 Moved by L. Acre
Seconded by D. Mason
"THAT Long Point Region Conservation Authority correspondence dated
December 8, 2000 and County of Oxford correspondence dated January 12, 2001
regarding the LPRCA Draft 2001 Budget be received;
AND THAT the Council of the Municipality of Bayham supports the proposed 2001
LPRCA Budget increase."
Disposition: Motion Carried
(d) Long Point Region Conservation Authority correspondence dated December 22, 2000
regarding the LPRCA Board Structure. (The Township of Malahide has provided
correspondence dated January 5, 2001 supporting the modified restructuring proposal)
File: A16
2001-42 Moved by D. Mason
Seconded by M. Schafer
"THAT the Long Point Region Conservation Authority correspondence dated
December 22, 2000 regarding the LPRCA Board Structure be received;
AND THAT the Council of the Municipality of Bayham supports the modified
structure as attached to the correspondence and approved by LPRCA Board on
December 20, 2000."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 18 - January 18, 2001
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(e) Staff Report F2000-01 regarding Sports, Culture and Tourism Partnership Program
(SCTP).
File: F11
2001-43 Moved by D. Mason
Seconded by L. Acre
"THAT Staff Report F2000-01 be deferred."
Disposition: Motion Carried Unanimously
(f) Staff Report C2001- 01 regarding appointments to Boards and Committees.
File: C12
2001- 44 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report C2001-01 be received;
AND THAT Council approves the recommendation of the Community Centres
Committee as outlined in Staff Report C2001-01;
AND THAT the Special Events Committee and the Bayham 150 Committee be
disbanded as Committees of Council;
AND THAT the Municipality of Bayham purchase an annual membership in the
Bayham Historical Society in the amount of$ 50;
AND THAT Council hereby appoints Committee/Board Council and Staff
representatives as follows:
Committee of Adjustment
Responsibility of Council
Staff Co-ordinator of Planning Services, Michael Graves, Secretary;
Bayham Economic Development and Tourism Committee
• David Mason, Council Representative
• Michael Graves, Secretary;
Bayham Community Centres Committee
• Matt Schafer, Council Representative
• Lynn Acre, Council Representative
• John Nezezon, Community at Large Member
• Lynda Millard, Secretary;
Long Point Region Conservation Authority
• Cliff Evanitski confirmed on an interim basis, pending approval of a
new Order-In-Council;
Joint Cemetery Board
• Matt Schafer,Council Representative
• Lynda Millard, Secretary;
COUNCIL MINUTES - 19 - January 18, 2001
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(f) Resolution 2001-44 (continued)
Joint Otter Valley Utility Corridor and Recreation Trail Committee
• Mayor Max Stewart, Council Representative
• Cliff Evanitski, Council Representative
• David Mason, Council Representative
• Kyle Kruger, Staff Resource;
Elgin St. Thomas Trans Canada Trail Committee
• David Mason, Council Representative
• Michael Graves, Staff Resource;
Bavham Trans Canada Trail Committee
• Cliff Evanitski, Council Representative
• Michael Graves, Staff Resource;
Bavham Community Health Action Committee
• Cliff Evanitski, Council Representative
• Margaret Underhill, Staff Resource;
Bavham Cenotaph Committee
• David Mason, Council Representative
Port Burwell Marine Museum Committee
• David Mason, Council Representative;
Edison Museum of Vienna Board
• Lynn Acre, Council Representative;
Bavham Historical Society
• Lynn Acre (or)
• Mayor Max Stewart (alternate)
AND THAT a By-law including the above and listing volunteer members for the
various committees and boards be prepared for Council's consideration."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 20- January 18, 2001
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS
(a) Staff Report F2001-02 regarding Ontario Small Town and Rural Development
Infrastructure Program(OSTAR).
File: F11
2001-45 Moved by C. Evanitski
Seconded by M. Schafer
"WHEREAS the Council of the Municipality of Bayham has received and
considered the Ontario Small Town and Rural Development (OSTAR)
Infrastructure Program Application Guidebook;
AND WHEREAS Council has assessed the capital priorities of the municipality
against the requirements, as set out in the OSTAR Infrastructure Program
Application Guidebook;
AND WHEREAS Council considers the Straffordville and Eden Water Distribution
System Project, described in the application dated January 18, 2001,for Round 1 of
OSTAR to be its highest public health and safety priority;
AND WHEREAS Council has reviewed and considers the application to be
complete and accurate;
NOW THEREFORE Council endorses and directs Staff to submit the application to
the Ontario SuperBuild Corporation by January 31, 2001."
Disposition: Motion Carried Unanimously
2001-46 Moved by D. Mason
Seconded by L. Acre
"WHEREAS the Council of the Municipality of Bayham has agreed to assume
financial responsibility for compliance with the Ministry of the Environment
Drinking Water Protection Regulation (DWPR);
AND WHEREAS Council has formulated a plan to implement any action necessary
to comply with the DWPR as determined by the Ministry of the Environment;
AND WHEREAS Council has acknowledged its responsibility for compliance with
DWPR, it considers the Straffordville and Eden Water Distribution System Project
described in the application dated January 18, 2001 its highest public health and
safety priority and therefore submits this application for Round 1 of the Ontario
Small Town and Rural Development Infrastructure initiative;
NOW THEREFORE Council endorses and directs Staff to submit the application to
the Ontario SuperBuild Corporation by January 31, 2001."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2001-47 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 personnel and property matters."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 21 - January 18, 2001
11. COMMITTEE OF THE WHOLE (continued)
2001-48 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Committee of the Whole do now rise from the "In Camera" Session."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE& REPORTS
(a) Staff Report H2001-01 regarding the Managerial Services Agreement for the Vienna
Community Centre.
File: H11
2001-49 Moved by L. Acre
Seconded by C. Evanitski
"THAT Council supports the selection of Wanda Gillis to provide contract
managerial services at the Vienna Community Centre;
AND THAT By-law 2001-07, being a by-law to authorize the Mayor and Clerk to
execute an Agreement for Management of the Vienna Community Centre be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
The Clerk was requested to vacate Council Chambers during discussion of Items 11.1(b)
& (d) c
(b) Confidential Verbal Staff Report regarding a property matter.
(c) Confidential Verbal Staff Report regarding a personnel matter.
12. BY-LAWS
By-law Z427—2001 A By-law to amend By-law 2387 (Rousseau)No Action
By-law Z424—2001 A By-law to amend By-law 2387 (Gregson)
By-law 2001 —07 A By-law to authorize the endorsement of an Agreement for
Managerial Services for the Vienna Community Centre
By-law 2001 — 11 A By-law to authorize the endorsement of an Agreement with
Human Resources Development Canada
2001-50 Moved by M. Schafer
Seconded by L. Acre
"THAT By-laws Z424-2001, 2001-07 and 2001-11 be read a first, second and third
time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 22 - January 18,2001
12. BY-LAWS (continued)
By-law 2001 — 10 A By-law to confirm all actions of Council
2001-51 Moved by C. Evanitski
Seconded by L. Acre
"THAT confirming By-law 2001-10 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2001-52 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the meeting be adjourned at 10:27 p.m."
Disposition: Motion Carried Unanimously
41.((,/ ' d
MAYOR CLERK
Date Approved: !I J/''1 /