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HomeMy WebLinkAboutMay 17, 2001 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,May 17, 2001 7:00 p.m. The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday,May 17, 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, Co-ordinator of Planning Services Michael Graves, Chief Building Official Dwayne Daniel and Treasurer Richard Faber. 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 May 3, 2001 Minutes of Special Meeting held May 14, 2001 2001-234 Moved by D. Mason Seconded by L. Acre "THAT the minutes of the regular meeting of the Municipality of Bayham held May 3, 2001 be approved." Disposition: Motion Carried Unanimously 2001-235 Moved by L. Acre Seconded by C. Evanitski "THAT the minutes of the special meeting of the Municipality of Bayham held May 14, 2001 be approved." Disposition: Motion Carried Unanimously Changes/Additions to the Agenda The Administrator requested that Item 9.1(c)be dealt with prior to 9.1(b). The minutes reflect these Items as changed, and not in their original order. Correspondence from the Township of Essa was added as Item 9.1(f). 4. DELEGATIONS 7:15 p.m.—John Scott, Graham Scott Enns,Auditor was in attendance to present the 2000 Financial Statements and his Audit Report and Management letter. Item 9.1(c) COUNCIL MINUTES - 98 - May 17,2001 5. INFORMATION ITEMS 2001-236 Moved by M. Schafer Seconded by D. Mason "THAT Information Items 5(a)through 5(k) be received for information." Disposition: Motion Carried Unanimously (a) Ontario Heritage Foundation correspondence dated May 2, 2001 requesting nominations for the Ontario Heritage Foundation Community Recognition Program 2001. File: A16 (b) Ministry of Municipal Affairs &Housing correspondence dated May 8, 2001 regarding "Province Welcomes Interim Report on Affordable Housing: Takes Immediate Action". File: A16 (c) Ontario Federation of Agriculture correspondence dated May 7, 2001 regarding Bill 140 and assessment and taxation of farm property. File: A16 (d) Bayham Historical Society minutes of meeting held April 12, 2001. File: C06 (e) Long Point Region Conservation Authority media release dated May 7, 2001 regarding "LPRCA Invites Comments on Proposed Forestry Operations" File: A16 (f) Association of Municipalities of Ontario correspondence dated May 2001 requesting nominations for the 2001-2002 Board of Directors. File: A01 (g) Association of Municipalities of Ontario correspondence dated May 1, 7 and 9, 2001 regarding "A Very Busy and Successful AMO Board Meeting", "Municipal Governments Could Lose "Say for Pay"on OPAC Board", `Municipalities and the Province's 21-Step Action Plan" "Queen's Park on Wrong Track survey Says", and "AMO's Reaction to the Ontario Budget". File: A01 (h) Correspondence from the Mayor of Sault Ste. Marie regarding the International Conference of Mayors of the Great Lakes& St. Lawrence. File: A04 (i) Thames Valley District Health Council Information Session "Taking Care of Yourself...Using Complementary&Alternative Health Care Services". File: A01 (j) Correspondence from the Ontario Minister of Energy, Science& Technology"Update on Energy Competition in Ontario". File: A16 (k) Federation of Canadian Municipalities correspondence dated May 11, 2001 regarding Financial Statements and Annual General Meeting to be held May 27, 2001. File: A01 COUNCIL MINUTES - 99- May 17,2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM I. CORRESPONDENCE& REPORTS (a) Staff Report D2001-27 regarding Severance Application E 35/02 submitted by Ed and Mary Ens. File: D10 2001-237 Moved by C. Evanitski Seconded by D. Mason "THAT the Council of the Municipality of Bayham recommend to Elgin County Land Division Committee that the severance application by Ed & Mary Ens to sever a 0.56 hectares (1.38 acres) from a 55.8 hectare (137.8 acre)farm described as Part Lot 26, South Gore, on the east side of Coyle Road, South of Lamers Line in the Municipality of Bayham be approved subject to a rezoning to rural residential." Disposition: Motion Carried Unanimously (b) Staff Report D2001-28 regarding Severance Application E41/01 submitted by Allen Veitch. File: D10 2001-238 Moved by D. Mason Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham recommend to Elgin County Land Division Committee that the severance application by Allan Veitch to sever a lot being 1.37 hectares (3.39 acres)from a 40.38 hectare (99.78 acre) parcel described as Part of Lot 11, Concession 9, on the east side of Somers Road,North of Eden Line be approved subject to a rezoning to rural residential." Disposition: Motion Carried Unanimously (c) Staff Report D2001-26 regarding Zone Change—Henry and Mary Peters. File: D14 2001-239 Moved by C. Evanitski Seconded by L. Acre "THAT Staff Report D2001-26 be tabled to June 7, 2001." Disposition: Motion Carried Unanimously (d) Staff Report C2001-11 regarding Elgin Tourist Association Request - Cycling/Hiking Route. File: C11 2001-240 Moved by D. Mason Seconded by M. Schafer "THAT Staff Report C2001-11 be received; AND THAT the Council of the Municipality of Bayham approves a Cycling/Hiking route as outlined in the report; AND THAT Staff be directed to forward the necessary information to the County of Elgin and the St. Thomas—Elgin Tourist Association for implementation." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 100 - May 17, 2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 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 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report DR2001-03 regarding Petition for Drainage Works for property described as Concession 10,Lots 7 and 8. File: E09 2001-241 Moved by M. Schafer Seconded by D. Mason "THAT Staff Report DR2001-03 regarding the petition for drainage work being reconstruction of "B" Branch and part"G"Branch of the Coomber Municipal Drain be received; AND THAT Council agrees to proceed and authorizes Staff to retain the services of John Spriet, Spriet& Associates to make an examination of the area requiring drainage, schedule an on-site meeting and prepare a preliminary report for Council's consideration." Disposition: Motion Carried Unanimously (b) Staff Report F2001-09 regarding Rating By-law—Emerson Tile Drain Loan. File: Fl 1TD01 2001-242 Moved by L. Acre Seconded by D. Mason "THAT Staff Report F2001-09 regarding Rating By-law—Emerson Tile Drain Loan be received; AND THAT By-Law 2001-50 being a bylaw 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 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Building Permit Report for the month of April 2001. File: P10 2001-243 Moved by D. Mason Seconded by M. Schafer "THAT the Building Permit Report for the month of April 2001, as corrected, be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 101 - May 17,2001 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE&REPORTS (b) Staff Report C2001-12 regarding Building Regulations for Construction,Demolition and Change of Use Permits and Inspections. Concerns were raised regarding the $50 Sewer Connection Permit Fee. File: C11 A Recorded Vote on the following resolution was requested by Councillor Mason: 2001-244 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Report C2001-12 regarding Building By-law be received; AND THAT By-Law 2001-49, being a by-law to regulate building construction, demolition,change of use, septic systems, sewer connection permits and inspections and repeal By-Law 98-61 and amendments thereto be presented to Council for enactment." Those in favour Those opposed Lynn Acre Cliff Evanitski David Mason Mathew Schafer Max Stewart Disposition: Motion Defeated Unanimously on a recorded vote 5 - 0 This matter is to be brought back to the next meeting of Council on June 7`h. (c) Memo dated May 17, 2001 from Councillor Mason regarding: (a) electricity at Ken Kirkpatrick Memorial Park,Port Burwell (b) sale of memorial bricks. File: C13 2001-245 Moved by M. Schafer Seconded by D. Mason "THAT the Memo dated May 17, 20001 from Councillor Mason be received; AND THAT Staff be directed to: (a) obtain price quotes for electrical requirements for the Memorial Parkette as outlined in the above noted Memo; and (b) seek information regarding the memorial brick program and report back to Council with recommendations for Council's consideration." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 102 - May 17,2001 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE&REPORTS (d) Correspondence dated May 14, 2001 from Kim Tait, Chairman Bayham Community Policing Committee regarding signage. File: C13 2001-246 Moved by C. Evanitski Seconded by M. Schafer "THAT the correspondence dated May 14,2001 from Kim Tait, Chairman Bayham Community Policing Committee be received; AND THAT Staff be directed to place the appropriate signage as outlined in the correspondence." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register,being Cheque#2404 to Cheque# 2453 inclusive, except Cheque #2444 totaling $ 57,053.49, Accounts Payable for the period ending May 314 and Payroll Disbursements for the period ending May 2, 2001 totaling $ 31,310.36. 2001-247 Moved by D. Mason Seconded by L. Acre "THAT the Cheque Register, being Cheque# 2404 to Cheque#2453 inclusive, except Cheque# 2444,totaling$57,053.49,Accounts Payable for the period ending May 31st and Payroll Disbursements for the period ending May 2, 2001 totaling $31,310.36 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2001-12 regarding Reserve for Police Services. File: P17 2001-248 Moved by M. Schafer Seconded by L. Acre "THAT Staff Report F2001-12 be received; AND THAT a Reserve for Police Services be established for the purposes of funding shortfall(s) in any given Budget Year; AND THAT the actions of the administration in transferring the unused 2000 Budget amount of$49,553 to this Reserve be hereby confirmed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 103 - May 17, 2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (c) Staff Report F2001-10 regarding the 2000 Audit. File: F03 2001-249 Moved by M. Schafer Seconded by D. Mason "THAT Staff Report F2001-10 regarding the 2000 Audit be received; AND THAT the Consolidated Financial Statements for the Corporation of the Municipality of Bayham for the fiscal year ending December 31,2000 be approved." Disposition: Motion Carried Unanimously (d) Correspondence dated April 23, 2001 from District 14 of the Ontario Association of Agricultural Societies requesting permission to sell Raffle Lottery Tickets in Bayham under the Town of Cochrane License No. M238062. File: P09 2001-250 Moved by L. Acre Seconded by M. Schafer "THAT the correspondence dated April 23, 2001 from District 14 of the Ontario Association of Agricultural Societies be received; AND THAT Council approves the request to sell Raffle Lottery Tickets in the Municipality of Bayham under the Town of Cochrane License No. M238062." Disposition: Motion Carried Unanimously (e) Correspondence dated May 11, 2001 from the Long Point Region Conservation Authority regarding "Possible Disposal of Rock's Mill Dam and Reservoir Area (Township of Norwich)" File: A16 2001-251 Moved by D. Mason Seconded by M. Schafer "THAT the correspondence dated May 11, 2001 from the Long Point Region Conservation Authority regarding possible disposal of property be received; AND THAT the Council of the Municipality of Bayham supports the disposal of Rock's Mill Dam and Reservoir Area (Township of Norwich) as outlined in the above noted correspondence, subject to the purchaser also being responsible for the legal costs of the transaction." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 104 - May 17, 2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE& REPORTS (f) Correspondence from the Township of Essa regarding the use of photo radar on provincial Highways File: C10 2001-252 Moved by C. Evanitski Seconded by D. Mason "THAT the Council of the Municipality of Bayham support the resolution #8 of the Township of Essa regarding the use of photo radar on Provincial Highways." Disposition: Motion Carried Unanimously 10. ENVIRONMENT I. CORRESPONDENCE & REPORTS None 11. COMMITTEE OF THE WHOLE 2001-253 Moved by C. Evanitski 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 personnel matters." Disposition: Motion Carried Unanimously 2001-254 Moved by D. Mason Seconded by L. Acre "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously I. CORRESPONDENCE& REPORTS (a) Confidential Staff Report F2001-11 regarding a personnel matter. File: F03 2001-255 Moved by D. Mason Seconded by L. Acre "THAT Staff Report F2001-11 be considered and approved and further that the Administration be authorized to implement the changes identified on Appendix A and that the job descriptions for the affected positions be amended accordingly." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 105 - May 17,2001 12. BY-LAWS By-law Z429 - 2001 A By-law to Amend Zoning By-law 2387 (H&M Peters) No Action By-law 2001 - 49 A By-law to regulate construction, demolition and change of use permits and inspections and to repeal By-Law No. 98-61 as amended No Action By-law 2001 — 50 A By-law to impose special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act (Emerson) By-law 2001 - 51 Authorizing the Mayor& Clerk to endorse an Agreement with Norfolk Disposal for Provision of Weekly Waste Collection and Disposal Services By-law 2001 - 52 Authorizing the Mayor& Clerk to endorse and Agreement with McQ Handling Inc. for Weekly Collection and Disposal of Recyclables Services 2001-256 Moved by D. Mason Seconded by C. Evanitski "THAT By-laws 2001-50, 2001-51 and 2001-52 be read a first, seconded and third time and finally passed." Disposition: Motion Carried Unanimously By-law 2001 — 53 A By-law to confirm all actions of Council By-law 2001 —54 A By-law to confirm all actions of Council(Special Meeting) 2001-257 Moved by L. Acre Seconded by D. Mason "THAT confirming By-laws 2001-53 and 2001-54 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2001-258 Moved by L. Acre Seconded by C. Evanitski "THAT the meeting be adjourned at 9:45 p.m." Disposition: Motion Carried Unanimously MAYOR CLERK Date approved:, 7l a /