HomeMy WebLinkAboutJune 07, 2001 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE,ONTARIO
Thursday,June 7, 2001
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, June 7, 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/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
There was no disclosure of pecuniary interest and the general nature thereof.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held May 17, 2001
2001-259 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
May17, 2001 be approved."
Disposition: Motion Carried Unanimously
Addition of Item to the Agenda
Deputy Mayor Acre requested addition of correspondence from the County of
Peterborough. Added as Item 9.1(d)
4. DELEGATIONS
(a) 7:05 n.m.—Kevin MacPherson and Ken Roesch were present and raised concerns
regarding property standards matters being long grass on various lots in Port Burwell.
They requested consideration of a new by-law that would provide improvement in the
area of enforceability.
Item 8.1(d)
(b) 7:20 p.m.—Carl-Wilhelm Bienefeld, President, St. Thomas- Elgin Tourist
Association was in attendance to present the 2001 Marketing Plan and requested that a
date be set for the opening of the Hiking/Cycling Trail route between Port Burwell and
Vienna.
Item 6.1(a)
COUNCIL MINUTES - 107 - June 7,2001
4. DELEGATIONS (continued)
(c) 7:30 n.m.—Cleason Hoover,was in attendance and requested that Council consider a
substantial reduction in the amount of the Letter of Credit regarding his Road
Construction Agreement with the Municipality.
Item 9.1(b)
5. INFORMATION ITEMS
2001-260 Moved by D. Mason
Seconded by C. Evanitski
"THAT Information items 5(a)through 5(1) be received for information."
Disposition: Motion Carried Unanimously
(a) Elgin St. Thomas Health Unit correspondence dated May 17, 2001 regarding West Nile
Virus information package available.
File: A16
(b) Ministry of Municipal Affairs&Housing correspondence dated May 17, 2001 regarding
"Ontario Smart Growth" and `Brownfields Statute Law Amendment Act, 2001".
File: A16
(c) Ministry of Consumer and Business Services correspondence dated May 18, 2001
regarding "Ontario Boosts Consumer Protection with new 10-day Cooling off Period".
File: A16
(d) Attorney General Minister Responsible for Native Affairs correspondence dated May 23,
2001 regarding Bill 108,the "Streamlining of Administration of Provincial Offences
Act".
File: A16
(e) Bayham Community Policing Committee minutes of meeting held April 18, 2001.
File: C06
(f) Port Burwell Marine Museum Committee minutes of meeting held April 17, 2001.
File: C06
(g) Association of Municipalities of Ontario correspondence dated May 14, 16, 18, 23 and
24, 2001 regarding:
1. "Bill 46, An Act Respecting the Accountability of Public Sector Organizations"
2. "AMO Welcomes Social Services and Children Services Announcements"
3. "AMO calls for Reconsideration of Applicability of Public Sector Accountability
Act to Municipal Government"
4. "A Busy Day in the Provincial Legislature—Four Bills Introduced that will
Impact Municipal Government"
5. "AMO Seeks Clarification on how General Agreement on Trade and Services
(GATS)may Impact Municipalities"
6. "Ontario Small Urban Municipalities Hold Successful Conference",
7. "Town of Port Hope and Hope Takes Action on Understanding Local Fuel Tax
Revenues".
File: A01
(h) Federation of Canadian Municipalities correspondence dated Mayl 7,2001 regarding
`Municipal Governments Win Right to Appeal in Rights-of-Way Case".
File: A01
(i) Communities in Bloom and Winter Lights Celebrations information flyer.
File: A01
COUNCIL MINUTES - 108 - June 7, 2001
5. INFORMATION ITEMS (continued)
(j) Union Gas correspondence dated May 25, 2001 regarding Annual Report (available).
File: A01
(k) Bayham Community Centres Committee meeting minutes of meeting held April 26,
2001.
File: C06
(1) Elgin Group Police Services Board correspondence dated May 30, 2001 regarding the
2001 Budget.
File: A01
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Correspondence received May 3, 2001 from Carl-Wilhelm Bienefeld, St. Thomas-Elgin
Tourist Association regarding the Marketing Plan 2001.
File: A0l
2001-261 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the correspondence received May 3, zuul from Carl-Wilhelm Bienefeld, St.
Thomas-Elgin Tourist Association regarding the Marketing Plan 2001 be received
for information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated May 24, 2001 from Deb Travis regarding Canada Day beer tent
and activities sponsored by the Otter Valley-Port Burwell Optimist Club and the
Recreation Society.
File: A01
2001-262 Moved by C, Evanitski
Seconded by M. Schafer
"THAT the Council of the Municipality of Bayham grants permission to the Port
Burwell Recreation Society and the Otter Valley-Port Burwell Optimist Club to use
Centennial Ball Park in Port Burwell on June 29 and 30 for Canada Day activities
including a beer tent on June 30, subject to meeting the requirements of the
Municipal Alcohol Policy including those listed on the Outdoor Special Occasion
Permit Application;
THAT the organizations place the appropriate number of portable outdoor
washroom units at the park for that week-end;
AND THAT the clean up of the park area and any costs thereof, be the
responsibility of the organizations."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 109 - June 7, 2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE& REPORTS
(c) Staff Report D2001-29 regarding Severance Application E58/01 submitted by Eli
Stutzman, Miriam Helsdon and David Helsdon.
File: D10
2001-263 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 consent application by Eli Stutzman, Miriam
Grace Helsdon and David Helsdon to create a right-of-way being application E58/01
be approved."
Disposition: Motion Carried Unanimously
(d) Correspondence received June 4, 2001 from Tony Csinos, President, Bayham Historical
Society regarding nominations for the"Heritage Community Recognition Program
2001".
File: M02
2001-264 Moved by C. Evanitski
Seconded by L. Acre
"THAT the correspondence received from Tony Csinos, President,Bayham
Historical Society be received;
THAT the Council of the Municipality of Bayham nominates persons to receive the
Ontario Heritage Foundation "Heritage Community Recognition Program 2001"
under the appropriate areas as follows:
(a)Built-Louise Weston and Kristine Nezezon
(b) Cultural Keith Danbrook;
AND THAT Staff be directed to complete and submit the necessary information to
the Ontario Heritage Foundation for approval."
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.
Staff Report D2001-26 regarding Zone Change—Henry and Mary Peters.
File: D14
COUNCIL MINUTES - 110 - June 7, 2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
2001-265 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Staff Report D2001-26 regarding the Zone Change—Henry and Mary
Peters be received;
AND THAT the Council of the Municipality of Bayham approves 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 Road
and Heritage Line, from site specific Agriculture to Rural Residential;
AND THAT By-law No. Z 429-2001, being a By-law to amend the Township of
Bayham Zoning By-law No. 2387 from the Agricultural (A1-60)Zone to the Rural
Residential(RR)Zone be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Memorandum C2001-05 regarding the Canada Day Parade Route.
File: A16
2001-266 Moved by M. Schafer
Seconded by D. Mason
"That Staff Memo C2001-05 regarding the Canada Day
Parade Route be received;
THAT the proposed Parade Route be approved;
THAT the Council of the Municipality of Bayham hereby requests permission from
the County of Elgin to use Wellington Street in Port Burwell from Elizabeth Street,
west to Robinson Street, and Robinson Street south to Pitt Street on June 30,2001
between 10:30 a.m. and 12:00 noon during the Canada Day Parade;
AND THAT the Public Works Department be directed to provide the necessary
traffic control requirements."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING(Deferred from May 3, 2001)
2001-267 Moved by D. Mason
Seconded by M. Schafer
"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
COUNCIL MINUTES - 111 - June 7, 2001
7. ROADS, AGRICULTURE & DRAINAGE (continued)
2. PUBLIC MEETING
1. Application:
(a) 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. Staff Presentation
Staff advised that a fax had been received from LuAnne Dupon noting that there did not
seem to be any interest from any other parties in seeking a private solution and requested
removal of she and her husband's names from the petition.
4. Public Comments
None (No members of the public affected by this petition were present)
5. Council Comments and Questions
None
6. Adjournment
2001-268 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Public Meeting be adjourned at 8:06 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2001-269 Moved by D. Mason
Seconded by C. Evanitski
"WHEREAS the Council of the Municipality of Bayham has considered the
Preliminary Report for the Corinth Drain 2000-Branch "A" Extension at the
Public Meetings held May 3 and June 7,2001;
AND WHEREAS the Petition for Drainage Works regarding the Corinth Drain
2000-Branch "A" Extension does not contain sufficient names to comply with
Section 4 of the Drainage Act;
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham hereby directs that the costs to date for the preparation of the Preliminary
Report be assessed to the original petitioners and collected as authorized by Section
10(4) of the Drainage Act."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 112- June 7,2001
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Building Permit Report for the month of May 2001.
File: P10
2001-270 Moved by L. Acre
Seconded by D. Mason
"THAT the Building Permit Report for the month of May 2001 be received for
information."
Disposition: Motion Carried Unanimously
(b) Staff Report P2001-03 regarding Primary Public Safety answering Position(PPSAP)
Provider.
File: D19.911
2001-271 Moved by D. Mason
Seconded by L. Acre
"THAT Staff Report P2001-03 regarding Primary Public Safety Answering Position
(PPSAP) Provider be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report P2001-04 regarding Municipal Noise By-law.
There was discussion and it was agreed that Table 3-1 item 4 Business Zone hours be
changed from midnight to 9 a.m. to 11 p.m. —9 a.m. Accordingly By-law 2001-57 was
changed prior to enactment.
File: P00
2001-272 Moved by D. Mason
Seconded by L. Acre
"THAT Staff Report P2001-04 be received;
AND THAT By-law No. 2001-57, being a by-law to regulate and control noise, be
presented to Council for enactment."
Disposition: Motion Carried
(d) Correspondence received May 24, 2001 from Kevin MacPherson and Ken Roesch
regarding property standards.
File: C13
2001-273 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence received May 24,2001 from Kevin MacPherson and
Ken Roesch and the petition against long grass and a By-law to enforce be received
for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 113 - June 7,2001
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
I. CORRESPONDENCE& REPORTS
(e) Staff Report R2001-02 regarding the Buy a Brick Campaign.
File: M03
2001-274 Moved by D. Mason
Seconded by L. Acre
"THAT Staff Report R2001-02 be received;
AND THAT Council provide permission to the Port Burwell Horticultural Society
to re-introduce the Buy a Brick Campaign for the purpose of its own fundraising,
and that Staff outline the conditions as outlined in Report R2001-01 in writing."
Disposition: Motion Carried Unanimously
(f) Staff Report C2001-13 regarding Building By-law/Sewer Connection Fees.
File: C11
2001-275 Moved by D. Mason
Seconded by L. Acre
"THAT Staff Report C2001-13 be received;
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;
AND THAT Staff be authorized to distribute sanitary sewer connection costs to the
Vienna, Straffordville, Eden Sanitary Sewer Projects."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE& REPORTS
(a) Cheque Register,being Cheque#2454 to Cheque#2532 inclusive, except Cheque
#2493 totaling $ 57,361.11, Accounts Payable for the period ending June 20th and
Payroll Disbursements for the period ending May 16 and 30, 2001 totaling $ 54,381.63.
2001-276 Moved by L. Acre
Seconded by M. Schafer
"THAT the Cheque Register, being Cheque#2454 to Cheque#2532 inclusive,
except Cheque#2493,totaling$57,361.11,Accounts Payable for the period ending
June 20th and Payroll Disbursements for the periods ending May 16 and 30,2001
totaling $54,381.63 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 114 - June 7, 2001
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
I. CORRESPONDENCE& REPORTS
(b) Staff Memorandum dated June 4, 2001 regarding Road Construction Agreement—
Hoover.
File: L04
2001-277 Moved by C. Evanitski
Seconded by L. Acre
"THAT Staff Memorandum dated June 4, 2001 regarding Road Construction
Agreement-Hoover be received;
AND THAT Council approve the Letter of Credit reduction to the amount of
$ 6,000."
Disposition: Motion Carried Unanimously
(c) Staff Report 82001-01 regarding Medical Clinic Partnership.
File: S08
2001-278 Moved by L. Acre
Seconded by C. Evanitski
"THAT Staff Report S2001-01 regarding Medical Clinic Partnership be received;
AND THAT By-Law No. 2001-56, being a by-law to authorize the execution of a
lease agreement with Ridout Centre Services Ltd., be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(d) Correspondence dated May 17, 2001 from the City of Peterborough regarding Funding
for Land Ambulance.
File: C10
2001-279 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Council of the Municipality of Bayham support the resolution of the
County of Peterborough passed May 16, 2001 regarding Funding for Land
Ambulance."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 115 - June 7,2001
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS
(a) Staff Report U2001-07 regarding Spring Cleanup/Large Item Collection.
File: E7.3.1
2001-280 Moved by C. Evanitski
Seconded by L. Acre
"THAT the Council of the Municipality of Bayham contract with Greenlane
Environmental Group Ltd. to open the Transfer Station in Bayham for 4 days in
2001 as a large item drop-off depot. "
Disposition: Motion Carried Unanimously
(b) Staff Report U2001-06 regarding Waste Management Services—Large Bins.
File: E7.3.1
2001-281 Moved by L. Acre
Seconded by C. Evanitski
"THAT Staff report 112001-06 regarding Waste Management Services—Large Bins
be received for information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
None
12. BY-LAWS
By-law Z429-2001 A By-law to Amend Zoning By-law 2387 (H&M Peters)
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
By-law 2001 —55 Appointing a Deputy Treasurer/Tax Collector
By-law 2001 — 56 Authorizing the Execution of a Lease Agreement with Ridout
Centre Services Limited
By-law 2001 — 57 A By-law to regulate and control noises
2001-282 Moved by L. Acre
Seconded by M. Schafer
"THAT By-laws Z429-2001, 2001-49,2001-55,2001-56 and 2001-57 be read a first,
second and third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 116 - June 7, 2001
12. BY-LAWS (continued)
By-law 2001 —58 A By-law to confirm all actions of Council
2001-283 Moved by C. Evanitski
Seconded by M. Schafer
"THAT confirming By-Iaw 2001-58 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2001-284 Moved by C. Evanitski
Seconded by L. Acre
"THAT the meeting be adjourned at 9:41 p.m."
Disposition: Motion Carried Unanimously
Lilo I
MAYO ' CLERK
Date approved: C.0 .2.1/d/