HomeMy WebLinkAboutApril 19, 2001 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.Q. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,April 19,2001
7:00 p.m.
(Public Meeting 7:00 p.m.)
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, April 19, 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, Planning Co-ordinator Michael Graves and
Drainage Superintendent Dwayne Daniel.
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 a pecuniary interest in regard to item 7.1 (b) as he is related
to the applicant, and left Council Chambers during discussion of this Item.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held April 5, 2001
Minutes of the Special Budget Meeting held April 9, 2001
2001-180 Moved by L. Acre
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held
April 5,2001 be approved."
Disposition: Motion Carried Unanimously
2001-181 Moved by M. Schafer
Seconded by L. Acre
"THAT the minutes of the special budget meeting of the Municipality of Bayham
held April 9, 2001 be approved."
Disposition: Motion Carried Unanimously
Addition of Item to the Agenda
Councillor Mason requested addition of a verbal discussion in regard to disposal of
property. Added as Item 8.1(b)
COUNCIL MINUTES - 76 April 19,2001
4. DELEGATIONS
7:05 p.m.—Terry Carroll,Representative of the United Way E-5 Project was in
attendance to make a presentation. He noted that this 15 member Committee became
active in the summer of 2000 and wants local input to assist in determining where we
want Elgin County to be in five years. The Committee hopes to have input from
municipalities and service clubs. Interest has been demonstrated by the Aylmer Main
Street project group, Community Living and Dutton Chamber of Commerce.
Item 9.1(g)
5. INFORMATION ITEMS
2001-182 Moved by L. Acre
Seconded by C. Evanitski
"THAT Information Items 5(a)through 5(f) be received for information."
Disposition: Motion Carried Unanimously
(a) Ministry of Citizenship correspondence dated March 2001 requesting nominations for the
Community Action Awards
File: A16
(b) Request for nominations for the 2001 Sy! Apps Awards of Excellence.
File: A01
(c) March 26, 2001 correspondence requesting nominations for the 2001 Canada Post
Literacy Awards.
File: A01
(d) Bayham Community Policing Committee minutes of meetings held February 21 and
March 21, 2001.
File: C06
(e) Canadian Union of Public Employees correspondence dated April 2001regarding Annual
Report on Privatization entitled `Dollars and democracy". (Full Report available)
File: A01
(f) Bayham Historical Society minutes of meeting held March 8, 2001.
File: C06
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2001-21 regarding Severance Application submitted by Lloyd and Barbara
McQuiggan.
File: D10
2001-183 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 submitted by Lloyd and
Barbara McQuiggan for Part Lots 4 & 5, Concession 4, Municipality of Bayham, be
approved subject to the applicants receiving approval for private services from the
Chief Building Official, payment of$500 cash-in-lieu of parkland dedication to the
Municipality of Bayham,and subject to a rezoning to Rural Residential."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 77 April 19,2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(b) Staff Report D2001-23 regarding Severance Application by Gregory Houlton.
File: D10
2001-184 Moved by L. Acre
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham withdraws support of the Elgin
County Land Division Committee severance application E 16/01 submitted by
Gregory Houlton for property described as Part Lot 6, Concession 9, being a 0.5
hectare(1.24 acre) parcel on the east side of Culloden Road, South of Best Line;
AND THAT Staff be directed to so advise the Elgin County Land Division
Committee and the applicant as outlined in Staff Report D2001-23."
Disposition: Motion Carried Unanimously
(c) Staff Report L2001-02 regarding Concession Food Booth.
File: L04
2001-185 Moved by L. Acre
Seconded by M. Schafer
"THAT the Corporation of the Municipality of Bayham enter into an
agreement with Sonny and Doreen Boud to operate a Concession Food
Booth on the beach at Port Burwell for the summer of 2001,with a
provision for an extension for two years;
AND THAT By-law 2001-42, being a by-law to authorize the Mayor and Clerk to
execute an agreement with Sonny and Doreen Boud, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2001-186 Moved by D. Mason
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
L Application:
(a) Application submitted by Henry and Mary Peters to rezone a .77 hectares (L9 acre)
parcel of property situated at the northeast corner of Springer Hill Road and Heritage
Line being described as Part Lot 109, Concession 7,N.S.T.R. from the site specific
Agricultural (A1-60)Zone to the Rural Residential(RR)Zone.
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
COUNCIL MINUTES - 78 April 19,2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
2. PUBLIC MEETING(continued)
3. Staff Presentation
Planning Co-ordinator Michael Graves presented Staff Report D2001-22, noting that the
Elgin County Land Division Committee has received an appeal of the consent
application. Rezoning was a condition of the consent as requested by the Municipality. It
was suggested that Council consider this zoning by-law amendment so that, if appealed,
both can proceed to the OMB at the same hearing, in order that all issues could be dealt
with.
The Planning Co-ordinator advised that a letter from solicitor Cohen Highly Lawyers,
representing Larry Milmine, had been received in opposition to the proposed zoning by-
law amendment.
The Administrator noted that passing the Zoning By-law amendment would allow Mr.
Milmine the opportunity to appeal it as well as the application for consent. He stated that
Staff comments are based on current regulations including MDS, not future policies
which may be created.
The Planning Co-ordinator advised that the Ministry of Agriculture, Food and Rural
Affairs seem to agree with the M.D.S. calculation we have completed. Our infilling
policy matches the provincial statement exactly.
He noted that since the Nflhnine property abuts the Hamlet of Richmond, further
expansion of the farming operation,based on current requirements, may be impacted
firstly by that urban area.
4. Public Comments
Mr. Milmine was present and raised concerns that the proposal will limit future
expansion of his farming operation, particularly in regard to manure storage facilities.
Men Spicer, requested that his objection to this application be added, noting that this
could have an effect on future farming, especially near hamlet areas.
Eddie VanDenBroecke raised concerns that additional lot development is planned, to
which the Planning Co-ordinator advised that current policies would preclude further
severances in the area cited. The applicant, Mr. Peters also noted that he has no intention
to sever further.
S. Council Comments and Questions
Councillor Schafer noted that current regulations must be used to base decision on this
application.
Councillor Evanitski suggested that the Milmine situation be given a closer look and that
Council not make a decision that would create the necessity for a minor variance.
Councillor Mason suggested that an attempt be made to avoid OMB costs for Mr.
Milmine as much as possible.
6. Adjournment
2001-187 Moved by M. Schafer
Seconded by D. Mason
"THAT the Public Meeting be adjourned at 7:36 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES . 79 April 19, 2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
2. PUBLIC MEETING(continued)
7. Disposition of Items
2001-188 Moved by M. Schafer
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham defer the zone change submitted
by 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,
from site specific Agriculture to Rural Residential to the May 3M meeting of
Council."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report DR2001-01 regarding the Corinth Drain 2000 -Branch"A"Extension.
File: E09
2001-189 Moved by L. Acre
Seconded by D. Mason
"THAT Staff Report DR2001-01 regarding the Corinth Drain 2000-Branch"A"
Extension 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 to September 28,2001."
Disposition: Motion Carried Unanimously
2001-190 Moved by C. Evanitski
Seconded by L. Acre
"THAT the Council of the Municipality of Bayham acknowledges the filing with the
Clerk of the Preliminary Report for the Corinth Drain 2000-Branch"A"Extension
by the Engineer, Spriet Associates on April 9,2001;
THAT the Council proceed with the Report;
THAT Council set a date of May 3,2001 at 8:00 p.m. to consider the Preliminary
Report;
AND THAT Staff be directed to mail notices and copies of the Preliminary Report
to all persons assessed to this drainage works in accordance with the Drainage Act."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 80 April 19, 2001
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(b) Staff Report DR2001-02 regarding Emerson Tile Drainage Loan.
File: F11-2001
2001-191 Moved by L. Acre
Seconded by C. Evanitski
"THAT Staff Report DR2001-02 be received;
THAT the application for a Tile Drainage Loan in the amount of$20,000 submitted
by Mr. K. C. Emerson be approved;
THAT a copy of the written approval be forwarded to the applicant;
AND THAT upon completion of the drainage works, an inspection of the new
installation be completed by the Drainage Superintendent and a report presented to
Council advising of the satisfactory completion of the drainage works prior to the
release of funds to Mr. K. C. Emerson."
Disposition: Motion Carried
(c) Correspondence dated April 17, 2001 from Sharon Reiser,Royal Canadian Legion
Port Burwell-Bayham Branch, requesting permission to use municipal streets for a parade
on May 5'h.
File: C13
2001-192 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated April 17, 2001 from Sharon Reiser,Royal
Canadian Legion, Port Burwell-Bayham Branch be received;
AND THAT the Municipality of Bayham grants permission to use Victoria and Pitt
Streets in Port Burwell on May 5,2001 as requested, subject to providing proof of
liability insurance coverage;
AND THAT the Public Works Superintendent be directed to make the necessary
arrangements for traffic control and safety."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Staff Report PR2001-03 regarding 2001 Landscape Services.
File: L14
2001-193 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report PR2001-03 regarding Landscape Services be received;
AND THAT the contracts with D&S Lawncare,Herman & Mary Klassen,and Ken
Laemers for Landscape services for various municipal properties be extended for
the year 2001."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 81 April 19, 2001
8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued)
1. CORRESPONDENCE&REPORTS
(b) There was discussion regarding the sale of property located at the corner of Chatham and
Bridge Streets in Port Burwell_ Staff was given direction to post a For Sale sign with a
contact telephone number for approximately 60 days.
There was also discussion regarding potential uses of the former Eden school building.
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register, being Cheque#2301 to Cheque #2347 inclusive, except Cheque
# 2318,totaling $ 334,42239, Accounts Payable for the period ending April 30 and
Payroll Disbursements for the period ending April 4, 2001 totaling $ 28,215.31.
2001-194 Moved by C. Evanitski
Seconded by L. Acre
"THAT the Cheque Register, being Cheque#2301 to Cheque#2347 inclusive,
except Cheque#2318, totaling$334,422.39,Accounts Payable for the period ending
April 30th and Payroll Disbursements for the period ending April 4,2001 totaling
$28,215.31 be approved."
Disposition: Motion Carried Unanimously
(b) Ministry of Citizenship correspondence dated March 2001, inviting nomination of one
outstanding senior who after age 65 has enriched the social, cultural or civic life of the
Bayham community. Due date May 4th
File: A16
2001-195 Moved by L. Acre
Seconded by D. Mason
"THAT the Ministry of Citizenship correspondence dated March 2001 be deferred
to the May 3'1 meeting of Council."
Disposition: Motion Carried Unanimously
(c) Heart & Stroke Lottery correspondence dated April 10, 2001 requesting permission to
sell raffle lottery tickets within Bayham under Provincial License#P010161.
File: P11
2001-196 Moved by C. Evanitski
Seconded by L. Acre
"THAT Heart& Stroke Lottery correspondence dated April 10,2001 be received;
AND THAT the Council of the Municipality of Bayham grants permission to sell
raffle lottery tickets within Bayham under Provincial License#P010161."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 82 April 19, 2001
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(d) Tillsonburg Tri-County Agricultural Society correspondence dated March 27, 2001
requesting funding assistance.
File: A01
(e) Elgin County Plowmen's Association correspondence dated April 5, 2001 requesting
funding assistance.
File: A01
(f) Elgin County Farm Safety Council correspondence dated April 5, 2001 requesting
funding assistance.
File: A01
2001-197 Moved by D. Mason
Seconded M. Schafer
"THAT Items 9.1 (d), 9.1 (e) and 9.1 (f) be deferred until a policy is put in place
regarding funding support applications."
Disposition: Motion Carried Unanimously
(g) Elgin-St. Thomas United Way correspondence dated April 12, 2001 regarding a
Workshop by the E5 Committee for Community Capacity Buildings on May 11, 2001.
File: A04
2001-198 Moved by M. Schafer
Seconded by D. Mason
"THAT Elgin-St. Thomas United Way correspondence dated April 12,2001
regarding a Workshop by the E5 Committee for Community Capacity Buildings on
May 11, 2001 be received;
AND THAT Michael Graves and Lynda Millard be authorized to attend."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS
None
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
None
COUNCIL MINUTES - 83 April 19,2001
12. BY-LAWS
By-law Z429 - 2001 A By-law to Amend Zoning By-law 2387 (H&M Peters)
By-law 2001 —42 A By-law to authorize the Mayor& Clerk to execute an
Agreement for a Food Booth Concession(Boud)
2001-199 Moved by D. Mason
Seconded by M. Schafer
"THAT By-law 2001-42 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 2001 —41 A By-law to confirm all actions of Council
2001-200 Moved by M. Schafer
Seconded by D. Mason
"THAT confirming By-law 2001-41 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2001-201 Moved by C. Evanitski
Seconded by D. Mason
"THAT the meeting be adjourned at 9:37 p.m."
Disposition: Motion Carried Unanimously
YOR CLERK
Date approved: r110.1 � /