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HomeMy WebLinkAboutOctober 18, 2001 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,October 18, 2001 7:00 p.m. Public Meetings (7:15 & 7:30 p.m.) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, October 18, 2001 in Council Chambers. Present were Deputy Mayor Lynn Acre, Councillors David Mason,Mathew Schafer and CliffEvanitski,Administrator Kyle Kruger, Clerk Lynda Millard and Co-ordinator of Planning Michael Graves. Mayor Max Stewart was absent. 1. CALL TO ORDER Deputy Mayor Lynn Acre 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 October 4, 2001 2001-450 Moved by D. Mason Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held October 4,2001 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS None Addition of Items to the Agenda Councillor Mason requested the addition of discussion of correspondence from SOTO, Item 6.2(a), and a property matter under the Committee of the Whole Session. Discussion regarding support of the local Santa Claus parades was added as Item 9.1(i). 5. INFORMATION ITEMS 2001-451 Moved by C. Evanitski Seconded by D. Mason "THAT Information Items 5(a) through 5(i) be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES . 186 - October 18, 2001 5. INFORMATION ITEMS (continued) (a) Elgin Group Police Services Board minutes of meeting held September 25, 2001 and excerpts from the Detachment Commander's Report for August/September 2001. (Full Report is available) File: C06 (b) Minister of Tourism, Culture and Recreation Bulletin#3 dated October 11, 2001. File: A16 (c) Federation of Canadian Municipalities correspondence dated October 9, 2001 regarding "President's Report..."and"CRTC Seeks Input on Rights-of-Way Contract Intervention Issue". File: A01 (d) Association of Municipalities of Ontario correspondence dated October 10 and 12, 2001 regarding "AMO Asks Municipal Councils to Support Infrastructure Funding Strategy", "Update on Bell Neutral Answering Service (BNAS) Application to CRTC"and "AMO Attends Senate Committee Hearing on Bill C-11 —The Immigration to Canada&the Granting of Refugee Protection". File: A01 (e) Edison Museum of Vienna Board minutes of meeting held September 4, 2001. (Tickets for Murder Mystery dinner to be held Saturday November 24th are available) File: C06 (f) Steve Peters MPP News Release dated October 3, 2001 regarding "Peters&McLeod blame Health Minister for closure of 18 vital health care services in London". File: C06 (g) Ministry of Finance correspondence dated September 19, 2001 regarding"Ontario Child Care Supplement for Working Families Program Information". File: A16 (h) Ministry of Citizenship &Immigration correspondence dated September 26, 2001 regarding "Citizenship Week October 15 —21, 2001". File: A16 (i) Correspondence dated September 12, 2001 from Cathy Bishop, Manager Library Services, County of Elgin and flyer regarding "Elgin's History Through a Photographer's Lens— Volume 1: The Scott Sefton Collection". File: A16 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. PUBLIC MEETING 2001-452 Moved by M. Schafer 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: 7:15 p.m. - Application submitted by Leroy Zehr to rezone a parcel of land comprising approximately 19.8 hectares (48.9 acres) situated on the north side of Eden Line, west of Culloden Road being Part Lot 4, Concession 9 from the Agriculture (Al) Zone to a site specific temporary zone. File: D14 COUNCIL MINUTES - 187 - October 18,2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. PUBLIC MEETING(1) 2. Declaration of Pecuniary Interest and the General Nature Thereof There was no disclosure of pecuniary interest and the general nature thereof. 3. Staff Presentation Staff Report D2001-48 was presented by the Co-ordinator of Planning Services. He noted that the mobile home will be for temporary residential use while a new home is being built. The existing residence has been converted to a commercial purpose as a showroom. Should the commercial use be discontinued and the new home not built,this unit will revert back to residential use. It was noted that a new field bed will be required for the mobile home. 4. Public Comments There were no comments from the public. 5. Council Comments and Questions Concerns were raised that this application should not create a potential for a severance application. Council supported a one-year renewable, rather than a three-year temporary use. 6. Adjournment 2001-453 Moved by D. Mason Seconded by M. Schafer "THAT the Public Meeting be adjourned at 7:25 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2001-454 Moved by D. Mason Seconded by M. Schafer "THAT the Council of the Municipality of Bayham approve the rezoning application of Leroy Zehr to rezone Part Lot 4, Concession 9, from (A1-18) Agricultural to site specific Agricultural Zone (A1-18-T8). AND THAT Zoning By-law Z438-2001 be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. OTHER BUSINESS—Added Item (a) Discussion of correspondence from SOTO regarding "Best Beaches". It was noted that the SOTO Web Site now lists Port Burwell Provincial Park as a top beach. Concern was raised that neither Port Burwell nor Vienna can be accessed individually as tourist destinations. Council was advised that this is due to the membership being listed under the Municipality of Bayham. It was suggested that Staff look into alternatives to provide better visibility and promotion of our Port Burwell and Vienna attractions. COUNCIL MINUTES - 188 - October 18,2001 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. PUBLIC MEETING(2) 2001-455 Moved by M. Schafer 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: 7:30 p.m. -Rezoning Application submitted by Peter and Anna Peters to rezone a parcel of land comprising approximately 1.4 hectares(3.5 acres) situated on the east side of Toll Gate Road, south of Calton Line(County Road 45) being Part Lot 21, Concession 4 from Estate Residential(ER) Zone to a site specific Estate Residential and Hazard Land as a condition of severance. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof There was no disclosure of pecuniary interest and the general nature thereof. 3. Staff Presentation Staff Report D2001-47 was presented by the Co-ordinator of Planning Services. He noted that no public comments or concerns had been received. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2001-456 Moved by D. Mason Seconded by M. Schafer "THAT the Public Meeting be adjourned at 7:45 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2001-457 Moved by M. Schafer Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham approve the rezoning application of Peter& Anna Peters to rezone Part Lot 21, Concession 4, from (ER) Estate Residential to site specific Estate Residential(ER-17). AND THAT Zoning By-law Z439-2001 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 189- October 18, 2001 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report T2001-02 regarding Maintenance Agreement—County Roads. File: T06 2001-458 Moved by M. Schafer Seconded by C. Evanitski "That the Municipality of Bayham inform the County of Elgin of its acceptance of the Maintenance Agreement for County Roads, subject to the satisfactory resolution of issues as outlined in report T2001-02." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES L CORRESPONDENCE&REPORTS (a) Staff Report P2001-08 regarding Amendment to Fire Department Establishing& Regulating By-law 98-34. File: P16 2001-459 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Report P2001-08 be received; AND THAT By-law 2001-92, being a by-law to further amend by-law 98-34, a by- law for the establishment of the Municipality of Bayham Fire Department be presented to Council for enactment." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#3188 to Cheque# 3241 inclusive, except Cheque # 3188 and totaling $ 81,044.58 and Payroll Disbursements for the period ending October 3, 2001 totaling $ 28,194.57. 2001-460 Moved by C. Evanitski Seconded by M. Schafer "THAT the Cheque Register, being Cheque#3188 to Cheque#3241 inclusive, except Cheque#3188 totaling $ 81,044.58, and Payroll Disbursements for the period ending October 3,2001 totaling $ 28,194.57 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 190- October 18,2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) L CORRESPONDENCE&REPORTS (b) Staff Report F2001-26 regarding Charity Tax Reduction Application. File: F22 2001-461 Moved by M. Schafer Seconded by D. Mason "THAT Staff Report F2001-26 regarding Charity Tax Reduction Application be received; AND THAT a rebate for the Port Burwell Community Child Care be granted in accordance with S.442.1 of the Municipal Act in the amount of$ 441.54 for 2001." Disposition: Motion Carried Unanimously (c) Staff Report F2001-25 regarding Tax Write Offs. File: F22 2001-462 Moved by C. Evanitski Seconded by M. Schafer "That Staff Report 2001-24 regarding Tax Write Offs be received; AND THAT total taxes in the amount of$ 5,471.46, 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 received from the Assessment Review Board." Disposition: Motion Carried Unanimously (d) Correspondence dated October 4,2001 from the Children's Hospital of Western Ontario Foundation requesting permission to sell Raffle Tickets in Bayham under City of London License No. M269842. File: P09 2001-463 Moved by M. Schafer Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham approves the sale of Raffle Lottery tickets in the Municipality of Bayham by the Children's Hospital of Western Ontario Foundation under City of London License#M269842." Disposition: Motion Carried Unanimously (e) Staff Report R2001-03 regarding Policy on Municipal Financial Assistance. File: A09 (Deferred) COUNCIL MINUTES - 191 - October 18, 2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) CORRESPONDENCE&REPORTS (f) Association of Municipalities of Ontario correspondence dated October 9, 2001 regarding "New Strategy for Federal&Provincial Participation in Municipal Infrastructure". File: A01 2001-464 Moved by M. Schafer Seconded by D. Mason "WHEREAS public infrastructure is the backbone of a successful, dynamic economy; and WHEREAS Federal and Provincial financial support is essential for public infrastructure upgrades, replacement and expansion; and WHEREAS the current slowing of the economy combined with the tragic events of September 11,2001 have created substantial uncertainty in the Canadian economy, particularly in Ontario; and WHEREAS the Municipality of Bayham welcomes the Ontario Government's renewed commitment towards supporting public infrastructure with its recent announcement of financial assistance for public transit and roads and bridges; and WHEREAS the current Federal share of the Infrastructure Canada Program in Ontario is significantly less than that of the Province and municipalities; THEREFORE BE IT RESOLVED THAT the Municipality of Bayham calls on the Federal Government to follow the Ontario Government's lead and commit itself to a higher level of funding for public infrastructure; and FURTHER BE IT RESOLVED THAT the Municipality of Bayham calls on both the Federal and Provincial Governments to speed up the existing infrastructure funding process under the Canada-Ontario Infrastructure Program (COW) and Superbuild in order to provide a much needed economic stimulus in the face of the current economic turndown; and FURTHER THAT the Municipality of Bayham supports the call from the Association of Municipalities of Ontario for the Federal and Ontario Governments to return to a straightforward 113-113-1/3 funding formula for COIF and Superbuild funded projects." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 192- October 18, 2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (g) Staff Memorandum dated October 15, 2001 regarding 2001 Applications for Municipal Assistance. File: C13 2001-465 Moved by D. Mason Seconded by C. Evanitski "THAT the Staff Memorandum regarding 2001 Applications for Municipal Assistance be received; AND THAT Council of the Municipality of Bayham supports the funding requests for 2001 as follows: 1. "Breakfast for Learning" program at the Port Burwell Public School $ 150 2. "Breakfast for Learning"at the Straffordville Public School $ 150 3. Royal Canadian Legion, Branch 524 tax exemption $ 1698.13 4. Tillsonburg District Multi-Service Centre $ 1000 5. Port Burwell Horticultural Society $50.00 6. Cenotaph Committee $300 Vienna Disposition: Motion Carried Unanimously (h) StaffReport F2001- 24 Financial Status Report-for the period ending September 30, 2001 File: F10 2001-466 Moved by C. Evanitski Seconded by D. Mason "THAT Staff Report F2001-24 regarding Financial Status for the period ending September 30,2001 be approved." Disposition: Motion Carried Unanimously Added Item (i) Straffordville Santa Clause Parade and Port Burwell requests for permission to use streets for parade Dec.8, 2001 at 10:30 a.m. 2001-467 Moved by C. Evanitski Seconded by M. Schafer "THAT the Council of the Municipality of Bayham supports the request for permission to use streets within Straffordville for the Santa Claus Parade to be held Saturday December 8,2001 at 10:30 a.m.; AND THAT the County of Elgin be requested for permission to use the County Roads; AND THAT the Public Works Superintendent be directed to provide the necessary provisions for traffic control and safety." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 193 - October 18,2001 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. DORRESPONDENCE&REPORTS 2001-468 Moved by C. Evanitski Seconded by D. Mason "THAT the Council of the Municipality of Bayham supports the request for permission to use streets within Port Burwell for the Santa Claus Parade to be held Saturday December 1, 2001 at 6:30 p.m.; AND THAT the County of Elgin be requested for permission to use the County Roads; AND THAT the Public Works Superintendent be directed to provide the necessary provisions for traffic control and safety." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Correspondence dated September 24, 2001 from Wallace MacKinnon regarding the special committee recommendation to award the contract for the management and operation of the Lake Huron and Elgin Area Water Systems to Azurix North America (Canada). File: E00 2001-469 Moved by C. Evanitski Seconded by D. Mason "THAT the correspondence dated September 24,2001 from Wallace MacKinnon regarding the special committee recommendation to award the contract for the management and operation of the Lake Huron and Elgin Area Water Systems to Azurix North America (Canada) be received; AND THAT the Municipality of Bayham requests improved communication in the future from the Primary Board and staff." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS 2001-470 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 property and legal matters." Disposition: Motion Carried Unanimously 2001-471 Moved by M. Schafer Seconded by C. Evanitski "THAT the Committee of the Whole do now rise from the "In Camera" Session." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 194 - October 1$,2001 I1. COMMITTEE OF THE WHOLE (continued) 1. CORRESPONDENCE&REPORTS Added Item (a) Confidential verbal report regarding a property matter. 12. BY-LAWS By-law Z438-2001 A By-law to amend(former Township of Bayham) Zoning By-law 2387 (Leroy Zehr) By-law Z439-2001 A By-law to amend (former Township of Bayham)Zoning By-law 2387 (Peter&Anna Peters) By-law 2001 -92 A By-law to Amend By-law 98-34 being a by-law Establishing a Municipal Fire Department 2001-472 Moved by M. Schafer Seconded by D. Mason "THAT By-laws Z438-2001,Z439-2001 and 2001-92 be read a first, second and third time and finally passed." Disposition: Motion Carried unanimously By-law 2001 —93 A By-law to confirm all actions of Council 2001-473 Moved by D. Mason Seconded by C. Evanitski "THAT confirming By-law 2001-93 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2001-474 Moved by C. Evanitski Seconded by D. Mason "THAT the meeting be adjourned at 9:45 p.m." Disposition: Motion Carried Unanimously MA OR CLERK CLERK Date approved: N O /