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HomeMy WebLinkAboutMay 03, 2001 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, May 3, 2001 7:00 p.m. (Planning Public Meeting 7:00 p.m.) (Drainage Public Meeting 8:00 p.m.) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, May 3, 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, Public Works Superintendent Bob Bartlett, Drainage Superintendent Dwayne Daniel, Superintendent of WaterWorks Ed Roloson, and Engineer John Spriet. I. 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 April 19, 2001 2001-202 Moved by L. Acre Seconded by M. Schafer "THAT the minutes of the regular meeting of the Municipality of Bayham held April 19, 2001 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS 7:30 p.m. - Allan Spicer was present regarding Item 9.1(e) 5. INFORMATION ITEMS 2001-203 Moved by L. Acre Seconded by C. Evanitski "THAT Information Items 5(a) through 5(1) be received for information." Disposition: Motion Carried Unanimously (a) Ministry of Citizenship correspondence dated March 2001 requesting a nomination for the 2001 Ontario Medal for Good Citizenship. File: A16 COUNCIL MINUTES - 85 - May 3,2001 5. INFORMATION ITEMS (continued) (b) Minister of Correctional Services correspondence dated April 23, 2001 regarding operation of provincial correctional facilities. File: A16 (c) Ontario Property Assessment Corporation correspondence dated April 16, 2001 regarding the 2000 Annual Report and Financial Statements. File: A16 (d) Bayham Community Centres Committee minutes of meeting held March 29, 2001. File: C06 (e) Bayham Community Health Action Committee minutes of meeting held March 26, 2001. File: C06 (f) Bayham Joint Cemetery Board minutes of meeting held November 30, 2000. File: C06 (g) Port Burwell Marine Museum Committee minutes of meeting held February 21, 2001. File: C06 (h) Elgin Trans Canada Trail minutes of meeting held February 16, 2001. File: C06 (i) Association of Municipalities of Ontario correspondence dated April 19 and 20, 2001 regarding"Municipalities and the Provincial Throne Speech", "April 30 Deadline for Tax Rating and Tax Ratio Bylaw Extended" and "Getting Ready for Spring". File: A01 (j) Community Action to Conserve Ontario's Woodlots "WOOD TALK" information regarding the Federation of Ontario Naturalists Conference& 70th Annual General Meeting. File: A04 (k) Long Point Region Conservation Authority minutes of meeting held April 4, 2001. File: C06 (1) Copy of Eric Crofts letter of resignation from the Bayham Fire Department— Straffordville Station and response by Fire Chief Sam Taylor. File: C13 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Staff Report L2001-03 regarding Talisman Energy Inc. Land Lease File: L04 2001-204 Moved by D. Mason Seconded by L. Acre "That the Corporation of the Municipality of Bayham enter into an agreement with Talisman Energy Inc.for the lease of a portion of lands described as Plan 12,Part 1, 11R-990 EIS of Chatham Street, Village of Port Burwell and that the Mayor and Clerk be authorized to execute the said agreement." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 86 - May 3,2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) I. CORRESPONDENCE & REPORTS (b) Staff Report L2001-04 regarding Bradcranex Lease File: L04 2001-205 Moved by L. Acre Seconded by M. Schafer "That the Corporation of the Municipality of Bayham enter into an agreement with Ron Bradfield, Bradcranex Inc. for the lease of the Finger Docks, Boat Launch Ramp and the Black Dock for the period beginning May 15,2001 and ending September 30, 2001 for$975.00 and that the Mayor and Clerk be authorized to execute the said agreement." Disposition: Motion Carried Unanimously (c) Staff Report D2001-25 regarding Zone Change--Henry and Mary Peters. File: D14 2001-206 Moved by L. Acre Seconded by C. Evanitski "THAT Staff Report D2001-25 regarding the Zone Change—Henry and Mary Peters be received; AND THAT the Council of the Municipality of Bayham further defer the zone change submitted by Henry and Mary Peters for Part of Lot 109, Concession 7, N.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 meeting of May 17,2001." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Application submitted by Henry and Mary Peters to rezone a .77 hectares(1.9 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. See Item 6.1(c) File: D14 2001-207 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 3. PUBLIC MEETING I. Application: (a) Application submitted by Robert and Monica VanBelle to rezone a 1.0 hectare (2.5 acre) parcel of property situated on the south side of Jackson Line, east of Toll Gate Road being Part Lot 21, Concession 5, from the Agricultural (Al) Zone to the Rural Residential (RR) Zone. COUNCIL MINUTES - 87 May 3, 2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 3. PUBLIC MEETING(continued) 2. Declaration of Pecuniary Interest and the General Nature Thereof There was no disclosure of pecuniary interest and the general nature thereof. 3. Staff Presentation Staff Report D2001- 24 was presented by the Co-ordinator of Planning Michael Graves. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2001-208 Moved by D. Mason Seconded by L. Acre "THAT the Public Meeting be adjourned at 7:07 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2001-209 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham approve the zone change submitted by Robert and Monica VanBelle for Part of Lot 21, Concession 5, being a 1.0 hectare (2.5 acres) parcel on the south side of Jackson Line, east of Toll Gate Road from Agricultural (A1) to Rural Residential (RR); AND THAT By-law No. Z 430-2001, being a By-law to amend the Township of Bayham Zoning By-law No. 2387 from the Agricultural Zone to the Rural Residential (RR-30) Zone be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report PW2001-02 regarding Public Works Activities for March and April 2001. File: T06 2001-210 Moved by C. Evanitski Seconded by D. Mason "THAT Staff Report PW2001-02 regarding Public Works Activities for the months of March and April 2001 be received; AND THAT Staff recommendations regarding the hiring of Mobile Striping and Sweeping for County bridge washing and the hiring of KDN for centre line painting be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 88 - May 3, 2001 7. ROADS, AGRICULTURE & DRAINAGE (continued) 2001-211 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 Drainage Act." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 1. Application: Consideration of the Preliminary Report No. 200221 for the Corinth Drain 2000 Branch "A" Extension, prepared by Spriet Associates. File: E09 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Engineer Presentation The Engineer John Spriet outlined the drainage area provided by the Corinth Drain, noting that various drainage work had been carried out over the past several years. He noted that recent development of lots severed from the agricultural property may have resulted in damage of existing tile. This could create back pressure and blow connectors. The Preliminary Report proposes to reroute a tile through the agricultural portion at the north side(rear) of the residential lots and southerly to hook into the existing catch basin at Best Line, estimated at a cost of$20,000. He stated that installation would consist of field tile (a less costly material) along the north side through the agricultural area and then a 12" plastic solid tile to the catch basin at Best Line would permit future development. Mr. Spriet advised that persons affected may withdraw or add their name to the petition at this meeting. He added that Council will decide whether to proceed with direction to the Engineer to prepare a final report or to discontinue the process, following consideration of comments from the public. 4. Public Comments Larry Bartram(owner of the former Allin property)noted that drainage is no longer a problem at this property. Carmen Wilson provided several pictures demonstrating severe flooding on different occasions. It was noted that sump pumps continue to pump 3 to 5 days after a heavy rain indicating that the situation involves more than surface water flooding. The report seems to address only the surface water runoff. Concerns were raised as to the appropriateness of the assessment for costs when the excessive groundwater problem may not be addressed. The Engineer responded to a suggestion that drainage be directed across the Culloden Road into the Mueller Drain would not be permitted as water from one area of drainage cannot be directed to another. It was agreed that an alternate drainage route between the houses and across the front yards, although more direct, would be more costly as there are septic tanks, weeping beds, driveways and utilities to contend with. Mr. Spriet added that the least disruptive and the path of least resistance would be the cheapest. COUNCIL MINUTES - 89- May 3, 2001 7. ROADS, AGRICULTURE & DRAINAGE (continued) 2. PUBLIC MEETING 3. Public Comments (continued) Luanne Dupon raised concerns that the existing 6" tile could be cut and capped by an owner, which could result in increased flooding on their property. It was suggested that if the existing 6" tile, which is on private property, were to be cut and capped, it could blow or run on top of the ground, creating a situation which would require civil action. Mr. Spriet noted that the Act requires that a municipal drain provide every property owner with a legal outlet. It was noted that the catch basin at the north west corner gets covered with debris during heavy rains, blocking the outlet and causing excessive surface runoff. It was suggested that an 8" tile could be hooked into this catch basin and run southerly to Best Line and through the ditch to the catch basin to the east. In addition a burm would be needed. Mr. Spriet advised that although this route had not been considered, it would provide a less expensive alternative, requiring a private agreement between owners and permission from the municipality to use the ditch. Carmen Wilson and Larry Bartram requested that their names be removed from the Petition. 5. Council Comments and Questions None 6. Adjournment 2001-212 Moved by C. Evanitski Seconded by L. Acre "THAT the Public Meeting be adjourned at 9:30 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2001-213 Moved by M. Schafer Seconded by D. Mason "THAT the Council of the Municipality of Bayham defer consideration of the Preliminary Report for the Corinth Drain 2000-Branch "A"Extension to June 7, 2001 to permit affected property owners to seek a private solution." Disposition: Motion Carried Unanimously S. PROPERTY, BUILDING & PROTECTIVE SERVICES Y. CORRESPONDENCE& REPORTS (a) County of Elgin correspondence dated April 23, 2001 from Rob Lindsay regarding appointment as Weed Inspector. File: A16 COUNCIL MINUTES - 90 - May 3, 2001 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE& REPORTS 2001-214 Moved by M. Schafer Seconded by D. Mason "THAT the correspondence dated April 23,2001 from Rob Lindsay be received; AND THAT By-law 2001-45, being a By-law Appointing a Weed Inspector and to repeal By-law 2001-28, a by-law appointing Acting Weed Inspectors be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Copy of Decision of Deputy Referee on Appeal, Line Fences Act, Section 10, Municipality of Bayham, File: LOl 2001-215 Moved by D. Mason Seconded by M. Schafer "THAT the copy of the Decision of Deputy Referee on Appeal, Line Fences Act, Section 10, Municipality of Bayham be received for information." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register, being Cheque#2348 to Cheque#2403 inclusive, except Cheque #2377 totaling $ 29,523.29, Accounts Payable for the period ending May 15th and Payroll Disbursements for the period ending April 18, 2001 totaling $ 27,805.51. 2001-216 Moved by C. Evanitski Seconded by M. Schafer "THAT the Cheque Register, being Cheque#2348 to Cheque#2403 inclusive, except Cheque#2377, totaling $29,523.29, Accounts Payable for the period ending May 15th and Payroll Disbursements for the period ending April 18, 2001 totaling $27,805.51 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated April 20, 2001 from Carole A. Reimer regarding submission of her resignation from the Bayham Economic Development& Tourism Committee. File: C13 2001-217 Moved by M. Schafer Seconded by L. Acre "THAT the correspondence dated April 20, 2001 from Carole A. Reimer be received; AND THAT Council accept the resignation of Carole A. Reimer from the Bayham Economic Development & Tourism Committee with regret." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 91 - May 3, 2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE& REPORTS (c) Port Burwell Marine Museum Committee resolution dated April 17, 2001 requesting appointment of Nancy Vince as a Committee member. File: C12 2001-218 Moved by D. Mason Seconded by M. Schafer "THAT the Port Burwell Marine Museum Committee resolution dated April 17, 2001 requesting appointment of Nancy Vince as a member be received; AND THAT By-law 2001-46, being a by-law to amend By-law 2001-12, a by-law appointing persons to Boards and Committees, be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Staff Report C2001-10 regarding Community Centres Committee Recommendation. File: C11 2001-219 Moved by D. Mason Seconded by C. Evanitski "THAT Staff Report C2001-10 be received; AND THAT the Council of the Municipality of Bayham approves the request for Special Permission to use the Vienna Community Centre by the Vienna Temple Club (Masonic Hall) for an outside Barbecue to be held June 13, 2001, subject to meeting the requirements of the Municipal Alcohol Policy including those listed on the Outdoor Special Occasion Permit Application; AND THAT all other terms and conditions of the rental agreement remain in effect" Disposition: Motion Carried Unanimously (e) Correspondence dated April 24, 2001 from Allan Spicer regarding various matters. File: C13 2001-220 Moved by D. Mason Seconded by L. Acre "THAT the correspondence dated April 24, 2001 from Allan Spicer be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 92- May 3,2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) Y. CORRESPONDENCE& REPORTS (t) Staff Report F2001-08 regarding Mileage Rates—Council and Staff. File: F09 2001-221 Moved by D. Mason Seconded by L. Acre "THAT Staff F2001-08 regarding mileage rates be received; and 1. That the reimbursement rate to staff for the use of personal vehicles for municipal purposes be established at $0.35 per actual kilometre. 2. That members of Council also be deemed eligible for reimbursement for mileage to attend regular and special meetings of Council at the rate of$0.35 per kilometre." Disposition: Motion Carried Unanimously (g) Staff Memorandum dated May 1, 2001 regarding SCTP Application—Port Burwell Outer Harbour Marina. File: C11 2001-222 Moved by M. Schafer Seconded by D. Mason "THAT Staff Memo dated May 1, 2001 regarding the SCTP Application be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) 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. File: A16 2001-223 Moved by D. Mason Seconded by L. Acre "THAT the Ministry of Citizenship correspondence dated March 2001 be received; AND THAT the Council of the Municipality of Bayham nominates Kenneth Currie Emerson to receive the 2001 Senior of the Year Award." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 93 - May 3,2001 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Quarterly Water Consumption Report. File: E08 2001-224 Moved by M. Schafer Seconded by D. Mason "THAT the Quarterly Water Consumption Report be received for information." Disposition: Motion Carried Unanimously (b) Quarterly Report for the Bayham Water Distribution System for the Period ending March 31, 2001. File: E08 2001-225 Moved by D. Mason Seconded by C. Evanitski "THAT the Quarterly Report for the Bayham Water Distribution System for the period ending March 31, 2001 be received for information; Disposition: Motion Carried Unanimously EXTENSION OF LENGTH OF MEETING 2001-226 Moved by C. Evanitski Seconded by D. Mason "THAT in accordance with Section 12 of Procedural By-law 98-02, Council shall deal with business until 11:00 p.m. at its meeting of May 3,2001." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2001-227 Moved by L. Acre Seconded by D. Mason "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss confidential legal and property matters." Disposition: Motion Carried Unanimously 2001-228 Moved by L. Acre 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) Confidential By-law Enforcement Summary Report. File: P01 COUNCIL MINUTES - 94 - May 3,2001 12. BY-LAWS By-law Z429 - 2001 A By-law to Amend Zoning By-law 2387 (H&M Peters) By-law Z430 -2001 A By-law to Amend Zoning By-law 2387 (R&M VanBelle) By-law 2001 --43 Authorizing the Mayor& Clerk to execute lease documents with Talisman Energy Inc. By-law 2001 - 45 Appointing a Weed Inspector and Repeal 2001-28 (Appointing Acting Weed Inspectors) By-law 2001 --46 A By-law to amend By-law 2001-12 appointing persons to Boards & Committees By-law 2001 —48 Authorizing the Mayor& Clerk to execute lease documents with Bradcranex Inc. (R.Bradfield) 2001-229 Moved by M. Schafer Seconded by D. Mason "THAT By-laws Z430-2001,2001-43,2001-45,2001-46 and 2001-48 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously By-law 2001 —47 A By-Iaw to confirm all actions of Council 2001-230 Moved by D. Mason Seconded by C. Evanitski "THAT confirming By-law 2001-47 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2001-231 Moved by L. Acre Seconded by M. Schafer "THAT the meeting adjourned at 11:00 p.m." Disposition: Motion Carried Unanimously . / j MAYOR CLERK Date approved: p+.A.a r 7/o /