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Home My WebLink AboutSeptember 06, 2001 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, September 6,2001 7:00 p.m. (Public Meetings—7:30 & 8:00 p.m.) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, September 6, 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 Michael Graves, Public Works Superintendent Bob Bartlett, 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 None 3. APPROVAL OF MINUTES Minutes of the Regular Meeting held August 16, 2001 2001-382 Moved by M. Schafer Seconded by L. Acre "THAT the minutes of the regular meeting of the Municipality of Bayham held August 16,2001 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—William McAleese,was present and requested Council to provide some assistance in regard to a substantial water billing through line breakage and water loss. Item 10.1(a) (Deferred from July 19, 2001) Addition of Item to the Agenda The Administrator requested the addition of an"In Camera"item regarding a legal matter. 5. INFORMATION ITEMS 2001-383 Moved by C. Evanitski Seconded by M. Schafer "THAT Information Items 5(a) through 5(f) be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES • 159 • September 6,2001 5. INFORMATION ITEMS (continued) (a) SOTO "Partner News"August 2001. File: A01 (b) The Elgin, Middlesex, Oxford Local Training Board notice of Annual General Meeting to be held September 27th. File: A04 (c) City of London correspondence dated August 22, 2001 regarding Terms of Reference— Joint Board of Management for the Elgin Area Primary Water Supply System. File: L04 (d) Bayham Community Policing Committee minutes of meeting held July 25, 2001. File: C06 (e) Port Burwell Marine Museum Committee minutes of meeting held June 19, 2001. File: C06 (f) Bayham Community Centres Committee minutes of meeting held July 26, 2001. File: C06 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Correspondence received August 31, 2001 from Richard and Bertha Breen regarding proposed plans by the Port Burwell Provincial Park to build retail outlets within their facilities. File: D00 2001-384 Moved by D. Mason Seconded by L. Acre "WHEREAS Port Burwell Provincial Park has plans to open retail outlets within the park; AND WHEREAS, such a park store will operate in direct competition to local businesses in the Municipality of Bayham and particularly Port Burwell; AND WHEREAS local businesses depend heavily upon revenue generated by tourist customers in order to be able to stay in business; AND WHEREAS, Ontario Parks is an organization within the Ministry of Natural Resources; AND WHEREAS,we do not feel it is right that a government owned park totally within the village limits of Port Burwell and funded through taxpayers of Ontario but pays no municipal taxes be allowed to generate revenue through competition with small private businesses thus undermining their ability to stay in business; THEREFORE be it resolved that the Council of the Municipality of Bayham strongly objects to the opening of any store within Port Burwell Provincial Park through Ontario Parks and the Ministry and Natural Resources that places it in direct competition to local private small businesses." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 160- September 6, 2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE&REPORTS (b) Staff Report D2001-37 regarding Glen and Brenda Babcock. File: D14 2001-385 Moved by L. Acre Seconded by D. Mason "THAT the Council of the Municipality of Bayham recommend to the Ministry of Municipal Affairs that the Official Plan as adopted by Council on July 5th,2001 be amended to include the following clause: Notwithstanding any policies of this Plan to the contrary, the lands comprising the North Lot of Plan 17, Concession 3 of the Municipality of Bayham and bounded by Light Line to the north, Chute Line to the South,the former rail lands to the west, and the property line to the east and occupied by 1 existing residential dwelling may accommodate an additional non-farm dwelling." 2. PUBLIC MEETING— 7:30 p.m. 2001-386 Moved by L. Acre Seconded by D. Mason "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 Note: Items 6.2(a) and 6.2(d) were interchanged and these changes are so reflected in the minutes. 1. Applications: (a) Rezoning Application submitted by John Wizniak for property described as Part of Lot 25, Concession 5, located on the north side of Calton Line, east of Owl Cage Road, from the Agriculture (Al)Zone to a site specific temporary Agriculture Zone to acknowledge a seasonal travel trailer that is to be used as supplementary housing for seasonal farm labour. (b) Rezoning Application submitted by Roger Martin for property described as Part of Lot 19, Concession 8, located on the south side of Eden Line, west of Eden, from the Agriculture (Al)to a site specific Agriculture zone to allow an animal kennel. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation The Planning Co-ordinator presented the following reports in regard to the applications. (a) Staff Report D2001-38 (b) Staff Report D2001-40 4. Public Comments None COUNCIL MINUTES - 161 - September 6,2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE& REPORTS 5. Council Comments and Questions None 6. Adjournment 2001-387 Moved by M. Schafer Seconded by C. Evanitski "THAT the Public Meeting be adjourned at 7:43 p.m. " Disposition: Motion Carried Unanimously 7. Disposition of Items 2001-388 Moved by M. Schafer Seconded by D. Mason "THAT the Council of the Municipality of Bayham approve the rezoning application of John Wizniak to rezone Part Lot 25, Concession 5,from (Al) Agricultural to site specific Agricultural Zone(A1-T7); AND THAT Zoning By-law Z434-2001 be presented to Council for enactment." Disposition: Motion Carried Unanimously 2001-389 Moved by M. Schafer Seconded by E. Evanitski "THAT the Council of the Municipality of Bayham approve the rezoning application of Roger Martin to rezone Part Lot 19, Concession 8,from (Al) Agricultural to site specific Agricultural Zone(A1-78); AND THAT Zoning By-law Z436-2001 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Correspondence received September 4, 2001 from Ron Bradfield, Chair,Port Burwell Historical Society requesting permission to plant a tree. File: E04 2001-390 Moved by M. Schafer Seconded by C. Evanitski "THAT the correspondence received September 4, 2001 from Ron Bradfield, Chair, Port Burwell Historical Society be received; AND THAT Council of the Municipality of Bayham approves the request for permission to plant a tree in the Port Burwell Memorial Park in memory of Bob Sutherland." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 162- September 6,2001 7. ROADS, AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE&REPORTS (b) OStaff Report PW2001-04 regarding Public Works Activities for June, July, August 2001 File: T06 2001-391 Moved by C. Evanitski Seconded by D. Mason "THAT Staff Report PW2001-04 regarding Public Works Activities for the months of June, July and August 2001 be received for information." Disposition: Motion Carried Unanimously (c) Staff Report F2001-21 regarding Tender Results Dump Truck and Chassis. File: F18 2001-392 Moved by D. Mason Seconded by M. Schafer "That Staff Report F2001-21 be received; AND THAT the Council of the Municipality of Bayham accept the tender for a new truck and chassis from Brant County Ford (Sterling) as submitted." Disposition: Motion Carried Unanimously 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. PUBLIC MEETING—8:00 p.m. 2001-393 Moved by L. Acre Seconded by D. Mason "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 1. Applications: (c) Rezoning Application submitted by Joe Magyar for property described as Part of Lot 3, Concession 8, located on the south side of Eden Line, east of Springer Hill Road, from the Agriculture(Al)to a site specific Agriculture zone to allow an animal kennel. (d) Rezoning Application submitted by Allen Veitch for property described as Part of Lot 11, Concession 9, located on the north side of Eden Line, east of Somers Road, from the Agriculture(Al)to the Rural Residential (RR) zone as a condition of severance. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None COUNCIL MINUTES - 163 - September 6, 2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. PUBLIC MEETING—8:00 p.m. 3. Staff Presentation The Planning Co-ordinator presented the following reports in regard to the applications. He noted that Item(c) has been appealed to the Ontario Municipal Board by the Ministry of Transportation,but is expected to be withdrawn. (c) Staff Report D2001-39 (d) Staff Report D2001-41 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2001-394 Moved by M. Schafer Seconded by C. Evanitski "THAT the Public Meeting be adjourned at 8:10 p.m. Disposition: Motion Carried Unanimously 7. Disposition of Items 2001-395 Moved by D. Mason Seconded by M. Schafer "THAT the Council of the Municipality of Bayham approve the rezoning application of Joe Magyar to rezone Part Lot 3, Concession 8, from (Al) Agricultural to site specific Agricultural Zone(A1-77); AND THAT Zoning By-law Z435-2001 be presented to Council for enactment." Disposition: Motion Carried Unanimously 2001-396 Moved by L. Acre Seconded by D. Mason "THAT the Council of the Municipality of Bayham approve the rezoning application of Allan Veitch to rezone Part Lot 11, Concession 9,from (Al) Agricultural to rural residential(RR); AND THAT Zoning By-law Z433-2001 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 164 • September 6,2001 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit Report for the month of August 2001. File: P 10 2001-397 Moved by L. Acre Seconded by C. Evanitski "THAT the Building Permit Report for the month of August 2001 be received for information." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register being Cheque#2928 to Cheque#3036 inclusive, except Cheques #2974 and 3005 totaling $ 158,774.15, Accounts Payable for the period ending September 20th and Payroll Disbursements for the period ending August 22, 2001 totaling $ 35,763.68. 2001-398 Moved by L. Acre Seconded by C. Evanitski "THAT the Cheque Register, being Cheque# 2928 to Cheque#3036 inclusive, except Cheques #2974 and 3005 totaling $ 158,774.15,Accounts Payable for the period ending September 2e and Payroll Disbursements for the period ending August 22,2001 totaling $35,763.68 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2001-20 regarding Prior Years Tax Write-offs. File: F22 2001-399 Moved by M. Schafer Seconded by L. Acre "That Staff Report F2001-20 as amended regarding Prior Years Tax Write Offs be received; AND THAT total taxes in the amount of$ 74,594.45, as identified on Schedule A attached, be cancelled, refunded or reduced pursuant to Section 442 and 443 of the Municipal Act and to the Notices of Decision from the Assessment Review Board." Disposition: Motion Carried Unanimously (c) Staff Report R2001- 01 regarding Policy on Financial Assistance. File: A09 2001-400 Moved by L. Acre Seconded by M. Schafer "THAT Council defer Report R2001-01." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 165 - September 6, 2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (d) Staff Report F2001-22 regarding 2000/2001 Audit Fees. File: F03-2001 2001-401 Moved by D. Mason Seconded by M. Schafer "THAT Staff Report F2001-22 regarding 2000/2001 Audit Fees be received; AND THAT the invoice dated July 31,2001 received from GRAHAM SCOTT ENNS in the amount of$1,500 be paid." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Correspondence from Wm. McAleese regarding water billing account#4119000000 at 15 Oak Street, Vienna. File: E08 11. COMMITTEE OF THE WHOLE 2001-402 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 a confidential legal matter." 2001-403 Moved by D. Mason Seconded by M. Schafer "THAT the Committee of the Whole do now rise from the "In Camera" Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE& REPORTS None COUNCIL 1VIINUTES - 166- September 6, 2001 12. BY-LAWS By-law Z433-2001 A By-law to amend (former Township of Bayham)Zoning By-law 2387 (Allen Veitch) By-law Z434-2001 A By-law to amend (former Township of Bayham)Zoning By-law 2387 (John Wizniak-temporary) By-law Z435-2001 A By-law to amend (former Township of Bayham)Zoning By-law 2387 (Joe Magyar) By-law Z436-2001 A By-law to amend (former Township of Bayham)Zoning By-law 2387 (Roger Martin) 2001-404 Moved by L. Acre Seconded by C. Evanitski "THAT By-laws Z433-2001,Z434-2001,Z435-2001 and Z436-2001 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously By-law 2001 - 73 A By-law Confirming All Actions of Council 2001-405 Moved by C. Evanitski Seconded by L. Acre "THAT confirming By-law 2001-73 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2001-406 Moved by C. Evanitski Seconded by L. Acre "THAT the meeting be adjourned at 9:05 p.m." Disposition: Motion Carried Unanimously diej MAY C Date approved:,Spi- /l