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HomeMy WebLinkAboutSeptember 20, 2001 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, September 20,2001 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, September 20, 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 and Co-ordinator of Planning Michael Graves. 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 September 6,2001 2001-407 Moved by M. Schafer Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held September 6,2001 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 2001-408 Moved by L. Acre Seconded by M. Schafer "THAT Information Items 5(a)through 5(g) be received for information." Disposition: Motion Carried Unanimously (a) The Thames Valley Children's Nutrition Network "RightStart"publication Fall 2001 edition. File: M07 (b) Minister of Economic Development and Trade correspondence dated August 2001 regarding nominations for Ontario Global Traders Awards. File: M02 COUNCIL MINUTES - 168 - September 20,2001 5. INFORMATION ITEMS (continued) (c) Ministry of Municipal Affairs and Housing correspondence dated August 31, 2001 regarding "Brownfields Legislation Hearings Begin Today". File: M06 (d) Edison Museum of Vienna Board minutes of meeting held August 7, 2001. File: C06 (e) Bayham Historical Society minutes of meeting held June 14, 2001. File: C06 (f) Long Point Region Conservation Authority minutes of meeting held August 22, 2001. File: A16 (g) Ontario Heritage Foundation correspondence dated August 20, 2001 requesting participation in the Young Heritage Leaders Program 2001. File: M02 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2001-44 regarding Ferol Procunier. File: D14 2001-409 Moved by C. Evanitski Seconded by M. Schafer "THAT report D2001-44 regarding Ferol Procunier be received for information" Disposition: Motion Carried Unanimously (b) Staff Memorandum regarding SOTO Top Beaches Edition. File: D06 2001-410 Moved by D. Mason Seconded by M. Schafer "THAT the Staff Memorandum regarding SOTO Top Beaches Edition be received for information." Disposition: Motion Carried Unanimously (c) Correspondence from the Ontario Municipal Board dated September 17, 2001 advising of the withdrawal of the appeal in regard to the Henry and Mary Peters Official Plan and Zoning By-law Amendment and cancellation of the Board Hearing scheduled for September 200. File: D09/D 14 2001-411 Moved by M. Schafer Seconded by C. Evanitski "THAT the correspondence from the Ontario Municipal Board dated September 17, 2001 advising of the withdrawal of the appeal in regard to the Henry and Mary Peters Official Plan and Zoning By-law Amendment be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 169 - September 20,2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. PUBLIC MEETING 2001-412 Moved by D. Mason 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 1. Application: Rezoning Application submitted by Ed and Mary Ens being a 0.56 hectare(1.38 acre) parcel located on the east side of Coyle Road, south of Lamers Line being Part Lot 26, South Gore from the Agriculture(Al)Zone to Rural Residential as a condition of severance. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2001-45 4. Public Comments None S. Council Comments and Questions None 6. Adjournment 2001-413 Moved by C. Evanitski Seconded by D. Mason "THAT the Public Meeting be adjourned at 7:32 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2001-414 Moved by D. Mason Seconded by M. Schafer "THAT the Council of the Municipality of Bayham approve the rezoning application of Ed & Mary Ens to rezone Part Lot 26, South Gore,from (Al) Agricultural to rural residential(RR); AND THAT Zoning By-law Z437-2001 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 170 - September 20,2001 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report D2001-43 regarding Assumption of McQuiggan Line. File: L08 2001-415 Moved by C. Evanitski Seconded by L. Acre "THAT Staff Report D2001-43 regarding assumption of McQuiggan Line be received; and 1. THAT By-law No. 2001-76, being a By-law to authorize the execution of an easement/right of way agreement with Douglas Dennis (McQuiggan Line), be presented to Council for enactment; 2. THAT By-law No. 2001-77, being a by-law to authorize the acceptance of quit claim deeds and to declare McQuiggan Line as part of the public and travelled road system in the Municipality of Bayham be presented to Council for enactment; 3. THAT By-law No. 2001-78, being a by-law to authorize the acceptance of real property described as Part 1 on Plan 11R-7442 for future road purposes (McQuiggan Line) be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Staff Report D2001-42 regarding Agreement with Cleason& Salinda Hoover (Reconstruction of Richmond Street). (Consideration for renaming this new street was deferred) File: L04 2001-416 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Report D2001-42 be received; and 1. THAT By-law No. 2001-74, being a By-law authorizing the Mayor and Clerk to execute an amending agreement between the Municipality of Bayham and Cleason and Salina Hoover for the reconstruction of Richmond Street in the Hamlet of Richmond be presented to Council for enactment; 2. THAT By-law No. 20001-75, being a By-law accepting the transfer lands from Cleason and Salinda Hoover be presented to Council for enactment; 3. That staff be authorized to release the remaining letter of credit upon confirmation of reimbursement of all municipal expenses by Mr. Hoover regarding this matter." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 171 - September 20,2001 7. ROADS, AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE&REPORTS (c) Staff Report D2001-46 regarding Application to Close and Convey Union Street, Vienna. File: T09 2001-417 Moved by L. Acre Seconded by M. Schafer "THAT staff be directed to initiate procedures pursuant to the Municipal Act to close and convey the unopened portion of Union Street as requested in the letter September 4,2001, subject to the payment by the applicant of a $500 deposit, reimbursement of all Municipal costs, inclusion of a $350. administration fee, and conveyance at the appraised value." Disposition: Motion Carried Unanimously (d) Correspondence dated August 17, 2001 from Canadian TODS Limited regarding renewal of sign agreements for the Port Burwell Marine Museum,Lighthouse and Edison Museum of Vienna. File: L04 2001-418 Moved by D. Mason Seconded by C. Evanitski "THAT the correspondence dated August 17, zuul from Canadian TODS Limited regarding renewal of sign agreements for the Port Burwell Marine Museum, Lighthouse and Edison Museum of Vienna be received; AND THAT By-law 2001-80, being a by-law to authorize the execution of a renewal agreement for TODS signage, be presented to Council for enactment." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Correspondence dated August 28, 2001 regarding the 2002 Elgin County O.P.P. Business Plan. File: P17 2001-419 Moved by M. Schafer Seconded by D. Mason "THAT the correspondence dated August 28,2001 regarding the 2002 Elgin County O.P.P. Business Plan be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 172 September 20, 2001 9. FINANCE, ADMINISTRATION & PERSONNEL 1, CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 3037 to Cheque#3101 inclusive, except Cheques # 3043 and 3072 totaling $ 180,551.68, Accounts Payable for the period ending September 30th, and Payroll Disbursements for the period ending September 5, 2001 totaling $ 33,155. 2001-420 Moved by L. Acre Seconded by D. Mason "THAT the Cheque Register, being Cheque#3037 to Cheque#3101 inclusive, except Cheques#3043 and 3072 totaling $ 180,551.68,Accounts Payable for the period ending September 30th and Payroll Disbursements for the period ending September 5, 2001 totaling $33,155 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated September 13, 2001 from the Port Burwell Public School requesting financial support for the Breakfast for Learning program. File: C13 2001-421 Moved by D. Mason Seconded by L. Acre "THAT correspondence dated September 13, 2001 from the Port Burwell Public School be deferred." Disposition: Motion Carried Unanimously (c) Correspondence dated July 27, 2001 from Gard Seaman,President,Port Burwell Bayham Branch 524,Royal Canadian Legion requesting tax exemption. File: AO1RCL 2001-422 Moved by D. Mason Seconded by C. Evanitski "THAT the correspondence dated July 27,2001 from Gard Seaman, President, Port Burwell Bayham Branch 524,Royal Canadian Legion requesting tax exemption be deferred." Disposition: Motion Carried Unanimously (d) Correspondence dated September 11, 2001 from Sharon Reiser,Port Burwell Bayham Branch 524, Royal Canadian Legion inviting attendance at Vienna and Port Burwell Armistice Day Services and requesting permission to place Poppy Campaign Donation boxes throughout Bayham. File: AO1RCL 2001-423 Moved by M. Schafer Seconded by E. Evanitski "THAT the correspondence dated September 11,2000 from the Royal Canadian Legion Branch 524 be received; AND THAT Council grants permission to place Poppy Boxes and distribute Poppies within the Municipality of Bayham." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 173 - September 20, 2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS Following the "In Camera"session the following items were added (e) Correspondence dated September 16, 2001 from Larry Calendino, Manager CIBC advising of closure of local bank branch effective April 19, 2002. (Staff was requested to make arrangements for Mr. Calendino to attend the next session of Council). File: F04 (f) Following discussion, Council requested Staff to prepare a by-law to amend Procedure By-law 98-02 for consideration at the next meeting of Council. (g) The Administrator advised that meetings had been held with the three local conservation authorities, Catfish Creek, Kettle Creek and Long Point Region to consider participation in the provincially supported groundwater studies, and that further information would be available within the next few weeks. 2. UNFINISHED BUSINESS (a) Staff Report 82001-01 regarding Policy on Financial Assistance. (Deferred from September 6th) File: A09 10. ENVIRONMENT I. CORRESPONDENCE& REPORTS (a) Staff Memo dated September 4, 2001 regarding Water meter change outs. File: F18 2001-424 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Memo dated September 4, 2001 regarding Water meter change outs be received; AND THAT Council accept the price quote by Tony Lama in the amount of$9920. including taxes as submitted; AND THAT an agreement between the Municipality and Tony Lama be prepared for execution, subject to provision by Mr. Lama of: • Proof of$ 2,000,000.liability insurance coverage, and • A current Workers' Compensation Clearance Certificate, if applicable." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 174 - September 20, 2001 10. ENVIRONMENT (continued) 1. CORRESPONDENCE&REPORTS (b) Staff Report F2001-23 regarding Water Billing - 15 Oak Street. (McAleese) File: F02 2001-425 Moved by D. Mason Seconded by M. Schafer "THAT Staff Report F2001-23 be received; AND THAT Staff be authorized to enter into payment arrangements with William and Mary McAleese for payment of the outstanding water bill for 15 Oak Street over a 24 month period during which no penalty or interest would apply, detailed terms to be set by Staff in consultation with William and Mary McAleese." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2001-426 Moved by D. Mason Seconded by M. Schafer "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss confidential property and legal matters." Disposition: Motion Carried Unanimously 2001-427 Moved by C. Evanitski Seconded by L. Acre "THAT the Committee of the Whole do now rise from the "In Camera" Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE& REPORTS (a) Confidential Report regarding property matters. File: P01 (b) Verbal Report regarding a legal matter. 2001-428 Moved by C. Evanitski Seconded by L. Acre "THAT the letter of McQ Handling dated September 19,2001 be received and that Mr. McHugh be advised that the Municipality wishes to retain the current 3 day schedule at this time." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 175 - September 20, 2001 12. BY-LAWS By-law Z437-2001 A By-law to amend (former Township of Bayham)Zoning By-law 2387 (Ed&Mary Ens) By-law 2001 74 A By-law to Authorize the Execution of an Agreement with Cleason& Salinda Hoover for the Reconstruction of a Part of Richmond Street By-law 2001 — 75 A By-law to Accept Transfer of Land from Cleason& Salinda Hoover for Road Purposes By-law 2001 —76 A By-law to Authorize the Execution of an Easement/Right-of Way Agreement with Douglas Dennis (McQuiggan Line) By-law 2001 —77 A By-law to Authorize the Acceptance of Quit Claim Deeds.& Declare McQuiggan Line as Part of the Public and Travelled Road System in Bayham By-law 2001 —78 A By-law to Authorize the Acceptance of Real Property Described as Part 1 RP 11R7442 for Future Road Purposes (McQuiggan Line) By-law 2001 - 80 A By-law to Authorize Execution of a Renewal Agreement for TODS Signage 2001-429 Moved by D. Mason Seconded by C. Evanitski "THAT By-laws Z437-2001, 2001-74, 2001-75, 2001-76, 2001-77, 2001-78 and 2001- 80 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously By-law 2001 —79 A By-law to confirm all actions of Council 2001-430 Moved by D. Mason Seconded by C. Evanitski "THAT confirming By-law 2001-79 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2001-431 Moved by M. Schafer Seconded by D. Mason "THAT the meting be adjourned at 9:45 p.m." Disposition: Motion Carried Unanimously MAY G R CLERK Date approved: 0.c "y/©/