HomeMy WebLinkAboutFebruary 15, 2001 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, February 15,2001
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday,February 15, 2001 in Council Chambers. Present were Mayor Max Stewart,Deputy
Mayor Lynn Acre, Councillors 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
There was no disclosure of pecuniary interest and the general nature thereof.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held February 1, 2001
2001-81 Moved by L. Acre
Seconded by C. Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
February 1, 2001 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:05 p.m.—Carolyn Kuntz and Laura McLachlin, representatives of the Elgin-St.
Thomas Health Unit made presentations regarding assistance that they can provide with
regard to their involvement in municipal planning matters. It was noted that comments
on the proposed new comprehensive Official Plan for Bayham were previously provided.
The Health Unit reviews the health impact of Council decisions, promotes healthy
communities and has contingency plans to deal with health implications and issues such
as raccoon rabies, mosquito abatement and west rile virus.
Item 9.1(b)
5. INFORMATION ITEMS
2001-82 Moved by M. Schafer
Seconded by L. Acre
"THAT Information Items 5(a)through 5(1) be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 36- February 15, 2001
5. INFORMATION ITEMS (continued)
(a) Correspondence dated January 31, 2001 from Ernie Hardeman,Minister of Agriculture,
Food&Rural Affairs in regard to Bayham's endorsement of the County of Prince
Edward's Resolution concerning ongoing services related to the review of nutrient
management plans.
File: A01
(b) Speech from the Throne Highlights.
File: A16
(c) Federation of Canadian Municipalities correspondence dated January 30 and February
12, 2001 regarding "Throne Speech: Lack of Specifics Disappoints" and "Mixed CRTC
Decision on Rights-of-Way Disappoints FCMMembers".
File: A01
(d) Order of Ontario correspondence dated January 2001 invitation to submit nominations for
membership in the Order of Ontario
(e) Bayham Community Policing Committee minutes of meeting held November 22, 2000.
File: C06
(f) Copy of article by Dave Wallace regarding "Port Burwell, Ontario-Stick to the shallow
end to view Canada's oldest wooden lighthouse".
File: A01
(g) Copy of County of Elgin correspondence dated February 6, 2001 from Steve Peters
regarding OPAC Review.
File: A16
(h) Correspondence from the Association of Municipalities of Ontario regarding the 2001
AMO Conference.
File: A01
(i) MIL L correspondence dated February 6, 2001 regarding 519 area code telephone
numbers.
File: AO1
(j) Ministry of Municipal Affairs and Housing correspondence dated February 7, 2001
regarding "Province Plans to Improve Building Regulatory System".
File: A16
(k) Ministry of Consumer& Commercial Relations correspondence dated January 29, 2001
regarding Call for Province to Crack Down on Crime in Bars.
File: A16
(1) AMO correspondence dated February 8, 2001 regarding "Premier Announces New
Cabinet".
File: A01
COUNCIL MINUTES - 37 - February 15, 2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
I. CORRESPONDENCE& REPORTS
(a) Staff Report D2001-13 regarding Elgin-St. Thomas Trans Canada Trail Committee.
File: DO6TCT
2001-83 Moved by L. Acre
Seconded by M. Schafer
"THAT Staff Report D2001-13 regarding the Elgin-St. Thomas Trans Canada Trail
Committee be received;
AND THAT Council supports the request to contribute $200. to the 2001 Trail
Budget."
Disposition: Motion Carried
(b) Staff Report D2001-12 regarding County of Elgin Land Division Committee Application
for Consent#E 7/01, to sever a parcel of land with a frontage of 87 meters along
Culloden Road by a depth of 147 metres (north lot line)to 92 metres(south lot line)to
add to the adjoining property to the north, submitted by Harry and Grace Schipper.
File: D10
2001-84 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 from Harry and Grace
Schipper for Part of Lot 5, Concession 8, being a 1.0 hectare(2.5 acre) parcel on the
west side of Culloden Road, south of Talbot Line, be approved, subject to a rezoning
of the property to a site specific Rural Industrial Zone to recognize the size of the
newly combined lot, and subject to an undertaking by the vendor's lawyer that the
new parcel will be conveyed and registered in the same title as the existing M2 lot."
Disposition: Motion Carried Unanimously
(c) Staff Report D2001-11 regarding County of Elgin Land Division Committee Application
for Consent#E 10/01,to sever a parcel of land with a frontage of 90 meters along
Jackson Line by a depth of 120 metres (west lot line)to 97 metres (east lot line)proposed
to.create one new lot for retirement purposes, submitted by Robert and Monica Van
Belle.
File: D10
2001-85 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Council of the Municipality of Bayham recommend to Elgin County
Land Division Committee that the severance application from Robert and Monica
Van Belle for Part of Lot 21, Concession 5, being a 1.0 hectare(2.5 acre) parcel on
the south side of Jackson Line, east of Toll Gate Road, be approved, subject to a
rezoning of the property to Rural Residential and payment of$500 cash in lieu of
parkland dedication to the Municipality of Bayham."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 38 - February 15, 2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE& REPORTS
(d) Staff Report 1)2001-10 regarding County of Elgin Land Division Committee Application
for Consent#E 11/01,to sever a parcel of land with a frontage of 76.89 meters along
Springer Hill Road by a depth of 59.12 metres (north lot line)to 86.56 metres(south lot
line)proposed to create one rural residential building lot, submitted by Henry and Mary
Peters.
File: D10
2001-86 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 from Henry and Mary
Peters for Part of Lot 109, Concession 7,N.S.T.R., being a 0.77 hectare (1.9 acre)
parcel on the northeast corner of Springerhill and Heritage Line, be approved,
subject to a rezoning of the property to Rural Residential, and a rezoning of the
retained lot to recognize a reduction in the size of the remaining agricultural parcel.
Also, subject to a $500 payment for cash-in-lieu of parkland dedication, and subject
to approval of private services for the property by the Chief Building Official."
Disposition: Motion Carried Unanimously
(e) Staff Report D2001-09 regarding Rezoning Application submitted by George&Darya
Rousseau, and Staff Report D2001-02 regarding public hearing 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. (From
January 4t')
File: D14
2001-87 Moved by L. Acre
Seconded by D. Mason
"THAT the application submitted by George and Darya Rousseau to rezone a
parcel of land on the south side of Water Street and east of Plank Road, being part
of Lot 15, Concession 2 zoned Agricultural (A1-25)Zone to include a fruit winery
and associated retail operation in addition to all other uses permitted in the Al Zone
be approved;
THAT a site plan agreement be required prior to issuance of any building permit;
AND THAT By-law No. Z427-2001 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(f) Staff Report D2001-14 regarding Harbour Facilities 2001.
File: PA
2001-88 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff be directed to solicit proposals for the operation of the East Beach
Food Concession;
AND THAT Staff be directed to solicit separate proposals for the operation of the
Black Dock, Municipal Boat Launch, and rental of the Finger Docks."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 39 - February 15,2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
(a) 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".
File: A16
2001-89 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the correspondence dated December 2000 from the Ministry of Citizenship,
Culture and Recreation be received;
AND THAT the Council nominates persons to receive awards as follows:
• The Ontario Volunteer Service Award
Gord Murphy, Delphine Hayward, Hank Langeland,Eleanore Langeland,
Lorina Smith, Cindy Franklin,Frank Fisher;
AND THAT completed forms be submitted as required."
Disposition: Motion Carried Unanimously
(b) Canada Day Youth Award 2001 information package.
File: A16
2001-90 Moved by M. Schafer
Seconded by L. Acre
"THAT the Canada Day Youth Award 2001 information be received for
information."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2001-08 regarding Closing of Owl Cage Road.
File: A09
Pauline Schram, a resident along Owl Cage Road,raised concerns that closing the road
would restrict OPP access and encourage parties that take place in this area.
John Fehr voiced concerns that pedestrian access would be reduced or denied should the
proposed closing take place.
Doug Schram noted that access to a neighbouring asparagus field would need to be
maintained.
The Administrator noted that a cul-de-sac was intended at the southern end to provide a
turn-around area and that the remaining closed portion would be conveyed to abutting
owners and become part of cultivated and cropped farm lands.
It was suggested that comments from the OPP and the Public Works Superintendent be
requested prior to a final decision.
COUNCIL MINUTES -40- February 15,2001
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE& REPORTS
(a)
2001-91 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Staff Report D2001-08 be deferred."
Disposition: Motion Carried Unanimously
(b) Correspondence dated February 6, 2001 from Vikki Taylor regarding signage.
File: A16
2001-92 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence dated February 6,20010 from Vikki Taylor requesting
installation of signage be received;
AND THAT the correspondence be referred to the County of Elgin for
consideration."
Disposition: Motion Carried Unanimously
(c) Staff Report F2001- 06 regarding Rating By-law—Pettman Tile Drain Loan.
File: F 11 TD00
2001-93 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report F2001-06 be received;
AND THAT By-law 2001- 19, being a By-law to impose special annual drainage
rates upon land in respect of which money is borrowed under the Tile Drainage Act,
be presented to Council for enactment."
Disposition: Motion Carried Unanimously
S. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending January 31, 2001.
File: P10
2001-94 Moved by D. Mason
Seconded by M. Schafer
"THAT the Building Permit Report for the month ending January 2001 be received
for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -41 - February 15,2001
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register, being Cheque#2025 to Cheque#2 052 inclusive, and totaling
$86,956.79, Cash Requirements to February 28th and Payroll Disbursements for the
period ending February 7, 2001 totaling $29,230.48.
2001-95 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the Cheque Register, being Cheque#2025 to Cheque#2052 inclusive,
totaling$86,956.79, Cash Requirements for the period ending February 28th and
Payroll Disbursements for the period ending February 7, 2001 totaling $29,230.48
be approved."
Disposition: Motion Carried Unanimously
(b) Excerpts from the Elgin County Demographic Profile: 1996 prepared by the Elgin St.
Thomas Health Unit received in August 2000.
File: A16
2001-96 Moved by C. Evanitski
Seconded by L. Acre
"THAT the excerpts from the Elgin County Demographic Profile: 1996 and the
handout "A Closer Look at our Mandated Work with Municipalities", be received
for information."
Disposition: Motion Carried Unanimously
(c) Staff Memo C2001-02 regarding change of meeting date.
File: A09
2001-97 Moved by L. Acre
Seconded by D. Mason
"THAT the regular meeting of Council to have been held March 15th, be
rescheduled to be held on Thursday, March 22, 2001 at 7:00 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -42 - February 15,2001
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Staff Report U2001-02 regarding TCR Environmental. This item was referred to the
Committee of the Whole "In Camera Session"prior to passage of the following
resolution.
File: L04
2001-98 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff negotiate with a waste collection company to provide waste collection
until the end of the year;
AND THAT Staff develop a new agreement with TCR Environmental Corp. to
handle waste for the Municipality of Bayham until the end of the year;
And THAT Staff begin to prepare the tender documents for distribution this fall;
AND THAT Staff advise Norfolk Disposal Services Limited that should the
Municipality of Bayham require their services we will be contracting with them at
the submitted fee"
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2001-99 Moved by L. Acre
Seconded by C. Evanitsld
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss legal, personnel and property matters."
Disposition: Motion Carried
2001-100 Moved by M. Schafer
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) Confidential Staff Report L2001-01 regarding a property matter.
File: L07
(b) Confidential Staff Report H2001-02 regarding a personnel matter.
File: L o c,'
2001-101 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Council authorize the employment contract for the position of Office
Assistant/By-law Enforcement Assistant, as attached to report H2001-02;
AND THAT By-law 2001-22, being a by-law to authorize the execution of an
employment agreement with Bryan Steele, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -43 - February 15, 2001.
12. BY-LAWS
By-law Z427-2001 A By-law to amend BIL 2387 (Rousseau)
By-law 2001 — 19 A Rating By-law for a Tile Drainage Loan (Pettman)
By-law 2001 21 A By-law to Authorize the Execution of an Agreement between
C.U.P.E. and Local 35.4
By-law 2001 —22 A By-law to Authorize the Execution of an Employment
Agreement with Bryan Steele
2001-102 Moved by M, Schafer
Seconded by L. Acre
"THAT By-laws Z427-2001, 2001-19, 2001-21 and 2001-22 be read a first, second
and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 2001 —20 A By-law to confirm all actions of Council
2001-103 Moved by C. Evanitski
Seconded by L. Acre
"THAT confirming By-law 2001-20 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2001-104 Moved by D. Mason
Seconded by C. Evanitski
"THAT the meeting be adjourned at 9:45 p.m."
Disposition: Motion Carried Unanimously
MAYOR CLERK
Date Approved: rccay.LL //0