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Home My WebLink AboutJuly 05, 2001 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, July 5,2001 7:00 p.m. (Public Meeting—7:30 p.m.) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, July 5, 2001 in Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Lynn Acre, Councillors David Mason, Mathew Schafer and Cliff Evanitski, Administrator Kyle Kruger, and Clerk Lynda Millard. • 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 pecuniary interest in regard to incorporated changes in Item 6.1 (b). 3. APPROVAL OF MINUTES Minutes of the Public Meeting (Official Plan Consolidation) held June 21, 2001 Minutes of the Regular Meeting held June 21, 2001 2001-301 Moved by C. Evanitski Seconded by M. Schafer "THAT the minutes of the special public meeting of the Municipality of Bayham held June 21,2001 be approved." Disposition: Motion Carried Unanimously 2001-302 Moved by D. Mason Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held June 21,2001 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS 8:30 p.m. - Cindy Franklin, Chairman Edison Museum of Vienna Board was present regarding a confidential matter. Item 11.1(b) Addition of Item to the Agenda Councillor Shafer requested to address Council in regard to items of concern under Roads, Agriculture&Drainage. Item 7.1(c) COUNCIL MINUTES - 128 - July 5, 2001 5. INFORMATION ITEMS 2001-303 Moved by L. Acre Seconded by C. Evanitski "THAT Information Items 5(a) through 5(n) be received for information." Disposition: Motion Carried Unanimously (a) "Report from the Hill" Gar Knutson M.P. Newsletter dated June 2001. File: A16 (b) "Cowan News" dated June 2001. File: M07 (c) Cowan Public Entity correspondence dated June 19, 2001 regarding 2001 &2002 Insurance Premiums. File: L06 (d) Association of Municipalities of Ontario correspondence dated June 18 and 19, 2001 regarding "AMO and Ontario 9-1-1 Advisory Board Make Submission to CRTC on BNAS"and "Province Introduces Nutrient Management Legislation File: A01 (e) News Clipping regarding"No Biosolid Moratorium for Southgate" File: M05 (f) Federation of Canadian Municipalities dated June 22 and 28, 2001 "Message from Newly Elected FCM President Jack Layton"and "FGM Wins in Supreme Court: Ruling Confirms Municipal Powers". File: A16 (g) Correspondence dated June 21 and June 26, 2001 from Steve Peters regarding"Farm Implements Act will benefit Rural Ontario—Peters, and Bill 59 Ambulance Services Collective Bargaining Actcouting Jamboree, July 2001 Prince Edward Island. File: A01 (h) Association of Municipalities of Ontario Annual Conference to be held August 19—22, 2001 Registration information File: A04 (i) Long Point Region Conservation Authority minutes of meeting held June 6, 2001. File: C06 (j) Thames Valley Views, District Health Council Newsletter Summer 2001 edition. File: A01 (k) Port Burwell marine Museum Committee minutes of meeting held May 15, 2001. File: C06 (1) St. Thomas Elgin General Hospital Foundation correspondence dated June 29, 2001 regarding completion of the Fundraising Feasibility Study. File: A01 (m) Minutes of the Edison Museum of Vienna Board meetings held February 27 and April 3, 2001. File: C06 (n) Draft Minutes of the Elgin Group Police Services Board meeting held May 29, 2001. File: C06 COUNCIL MINUTES - 129 . July 5, 2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM I. CORRESPONDENCE& REPORTS (a) Staff Report T2001-01 regarding Bayham Trans Canada Trail. File: D06 2001-304 Moved by D. Mason Seconded by L. Acre "THAT the motion submitted by the Bayham Trans Canada Trail Committee, as outlined in Staff Report T2001-01, recommending the addition of the section of the Otter Valley Trail (former CP raillands) from Vienna to Port Burwell to the Trans Canada Trail route be received for information." Disposition: Motion Carried Unanimously 2001-305 Moved by D. Mason Seconded by L. Acre "THAT the motion submitted by the Bayham Trans Canada Trail Committee as outlined in Staff Report T2001-01, recommending an amendment to the Bayham Cycling/Hiking route be supported and the ETA(St. Thomas-Elgin Tourist Association) so notified." Disposition: Motion Carried Unanimously (b) Staff Report D2001-31 regarding Official Plan. File: D08 The Administrator advised Council of the minor changes incorporated, as requested, since the Public Meeting held June 21/. 2001-306 Moved by D. Mason Seconded by L. Acre "THAT the Council of the Municipality of Bayham adopt the Official Plan as prepared by Cumming Cockburn Ltd. AND THAT By-law 2001-60, being a by-law to adopt the Official Plan, be presented to Council for enactment." Disposition: Motion Carried 2. PUBLIC MEETING 2001-307 Moved by L. Acre Seconded by M. Schafer "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 I. Application: Rezoning Application submitted by Lloyd and Barbara McQuiggan for property described as Part of Lot 4, Concession 4, north side of Calton Line to rezone a parcel of land being approximately .5 hectares(1.2 acre)parcel from the Agricultural(Al)to the Rural Residential (RR) zone. File: D14 COUNCIL MINUTES - 130 - July 5, 2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. PUBLIC MEETING 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2001-31 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2001-308 Moved by L. Acre Seconded by C. Bvanitski "THAT the Public Meeting be adjourned at 7:32 p.m." 7. Disposition of Item 2001-309 Moved by L. Acre Seconded by M. Schafer "THAT the Council of the Municipality of Bayham approve the zone change submitted by Lloyd and Barbara McQuiggan for Part of Lot 4, Concession 4, being a 0.5 hectare(1.2 acre) parcel on the north side of Calton Line, from site specific Agriculture(A!) to the Rural Residential(RR)zone; AND THAT By-law No. Z 431-2001, being a By-law to amend the Township of Bayham Zoning By-law No. 2387 from the Agricultural (Al)Zone to the Rural Residential (RR)Zone, be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Correspondence dated June 13, 2001 from Charlotte Seaman, Secretary Port Burwell- Bayham Branch 524 Royal Canadian Legion requesting permission to conduct an Armistice Day Parade in Port Burwell on November 10, 2001. File: A01 COUNCIL MINUTES - 131 - July 5, 2001 7. ROADS, AGRICULTURE & DRAINAGE (continued) CORRESPONDENCE& REPORTS 2001-310 Moved by L. Acre Seconded by M. Schafer "THAT the correspondence dated June 13,2001 from Charlotte Seaman, Secretary Port Burwell-Bayham Branch 524 Royal Canadian Legion be received; AND THAT the Municipality of Bayham grants permission to use Robinson and Pitt Streets in Port Burwell on November 10, 2001 for an Armistice Day Parade, subject to providing proof of adequate liability insurance coverage; AND THAT the Public Works Superintendent be directed to make the necessary arrangements for traffic control and safety; AND THAT the Legion be advised to contact the County of Elgin Engineer for permission to use the County Road being Wellington Street." Disposition: Motion Carried Unanimously (b) By-law 2001-59 being a By-law to Stop Up, Close and Convey part of Owl Cage Road. 2001-311 Moved by D. Mason Seconded by L. Acre "THAT By-law 2001-59, being a by-law to Stop Up, Close and Convey part of Owl Cage Road, be presented to Council for enactment." Disposition: Motion Carried Unanimously (c) Councillor Shafer raised concerns regarding: 1) the neglect of former railway lands in Straffordville, citing uncut grass and weeds and overhanging trees. He noted that some of this area has been cleaned up by abutting owners and suggested that the remaining area be cleaned up and possibly used for road purposes. He added that the area is used extensively by ATV's which create dust and are a nuisance to neighbours and requested placement of brine. Two-stroke engine vehicles are also used and the riders are becoming more bold and use the hamlet streets also. 2) safety concerns at the corner of Plank Road and Heritage Line where shrubs and a"For Sale" sign which has been recently erected impede visibility. 3) the hazards of other former rail land and Plank Road crossings being used by the ATV's including Tunnel Line where erosion created has deterred users who now trespass on private property to get around washouts. The Administrator noted that methods of reducing unauthorized uses are being sought. COUNCIL MINUTES - 132- July 5, 2001 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Building Permit Report for the month ending June 30, 2001. File: P010 2001-312 Moved by L. Acre Seconded by M. Schafer "THAT the Building Report for the month of June 2001 be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated July 1, 2001 from Cindy Rattai, Straffordville Minor Ball regarding Straffordville Ball Park Lighting. File: A01 2001-313 Moved by L. Acre Seconded by M. Schafer "THAT the correspondence dated July 1,zuu1 from Cindy Rattai, Straffordville Minor Ball regarding vandalism at the Straffordville Ballpark Lighting be received; AND THAT Council authorizes payment of the invoices submitted by Prouse Electric Ltd. for repairs to the Ballpark lights; AND THAT the Straffordville Minor Ball Association be requested to immediately advise the Municipality of Bayham of any such vandalism and/or damage prior to the incurring of costs associated with necessary repairs." Disposition: Motion Carried Unanimously (c) Correspondence dated June 22, 2001 from Deb Travis regarding Tub Daze celebrations in Port Burwell. File: C13/A01 2001-314 Moved by L. Acre Seconded by M. Schafer "THAT the correspondence dated June 22,2001 from Deb Travis,Port Burwell Recreation Society be received; AND THAT Council approves use of the east beach by the Port Burwell Recreation Society and the Otter Valley/Port Burwell Optimist Club for Tub Daze celebration activities to be held August 3,4 and 5,2001,including a beer tent, subject to meeting the requirements of the Municipal Alcohol Policy including those listed on the Outdoor Special Occasion Permit Application, and also subject to: • the applicable municipal building permit and/or sign permit be obtained from the Chief Building Official and the necessary inspections undertaken; • all required permit fees be paid to the Municipality of Bayham; • providing the municipality with proof of certification for the pyrotechnician who will be responsible for the fireworks; • providing the municipality with proof of liability insurance to cover all events including naming the municipality as an additional insured; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief; COUNCIL MINUTES - 133 - July 5, 2001 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE& REPORTS (c) (Resolution 2001-314 cont'd) THAT all other terms and conditions of the rental agreement remain in effect; THAT the clean up of the east beach area and any costs thereof, be the responsibility of the organizations; THAT arrangements be made with the Public Works Superintendent to provide Staff assistance as regular duties permit; AND THAT the Council of the Municipality of Bayham designates this event as a Community Festival" Disposition: Motion Carried 9. FINANCE, ADMINISTRATION & PERSONNEL I. CORRESPONDENCE& REPORTS (a) Cheque Register being Cheque# 2660 to Cheque#2733 inclusive, except Cheques #2667 and 2669, totaling $ 701,346.16, and Payroll Disbursements for the period ending June 27, 2001 totaling $ 32,805.07. 2001-315 Moved by D. Mason Seconded by C. Evanitski "THAT the Cheque Register, being Cheque#2660 to Cheque#2733 inclusive, except Cheques # 2667 and 2669 totaling$ 701,346.16, and Payroll Disbursements for the period ending June 27,2001 totaling $32,805.07 be approved." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Staff Report U2001-01 regarding OCWA Contract— Sewage Treatment System Operation. File: E01 2001-316 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Report U2001-01 be received; AND THAT By-Law No.2001-62, being a by-law to authorize the execution of a contract agreement with the Ontario Clean Water Agency for the provision of maintenance and operation of the Municipal Sewage Treatment and Collection System, be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 134 - July 5, 2001 11. COMMITTEE OF THE WHOLE 2001-317 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 2001-318 Moved by C. Evanitski Seconded by M. Schafer "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 L2001-05 regarding a legal matter. File: L08 & T09 (b) Confidential Report regarding a property matter. 2001-319 Moved by D. Mason Seconded by M. Schafer "THAT the Council of the Municipality of Bayham approves the recommendations of the Edison Museum of Vienna Board as outlined in the confidential report; AND THAT Council authorizes and directs the execution of the necessary documents as discussed in the "In Camera" session of Committee of the Whole." Disposition: Motion Carried Unanimously 12. BY-LAWS By-law Z431-2001 A By-law to amend Zoning B/L 2387 (McQuiggan) By-law 2001 — 59 A By-law to Stop Up, Close& Convey Part of Owl Cage Road By-law 2001 - 60 A By-law to adopt a consolidated Official Plan for the Municipality of Bayham By-law 2001 —62 A By-law to Authorize the execution of an Agreement with the Ontario Clean Water Agency for Provision of Operation& Maintenance Services 2001-320 Moved by M. Schafer Seconded by D. Mason "THAT By-laws Z431-2001, 2001-59,2001-60 and 2001-62 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 135 - July 5,2001 12. BY-LAWS (continued) By-law 2001 —63 A By-law to confirm all actions of Council 2001-321 Moved by L. Acre Seconded by C. Evanitski "THAT confirming By-law 2001-63 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2001-322 Moved by C. Evanitski Seconded by L. Acre "THAT the meeting be adjourned at 9:22 p.m." Disposition: Motion Carried Unanimously --fit .Ar: '4I _r _ .r - MAYO ; C ERK Date approved: