HomeMy WebLinkAboutMay 04, 2000 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,May 4,2000
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, May 4, 2000 in Council Chambers. Present were Mayor Max Stewart, Deputy Mayor
John Nezezon, Councillors David Mason, Mathew Schafer and Cliff Evanitski, Administrator
Kyle Kruger, Clerk Lynda Millard, Co-ordinator of Planning Services Maureen Beatty, Chief
Building Official Dwayne Daniel, and Treasurer Suzanna Mantel.
1. CALL TO ORDER
Mayor Max 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 added item I0.1(b) as he is a
property owner requesting an additional private drain connection to the proposed Sanitary
Sewers, and Item 11.1(b), a confidential property matter, and left during discussion of
this matter.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held April 20, 2000
Minutes of the Special Budget Meeting held April 28, 2000
2000-229 Moved by M. Schafer
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held
April 20,2000 be approved."
Disposition: Motion Carried Unanimously
2000-230 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the minutes of the special budget meeting of the Municipality of Bayham
held April 28, 2000 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m. -Mark Conway, Dillon Consulting provided a brief overview of the services
offered by his company in regard to a proposed Harbour Feasibility Study.
Item 8.1(a)
(b) 8:00 p.m. -Jack Vince and Doreen Boud regarding a proposed additional food booth at
the beach in Port Burwell.
Item 8.1(d)
COUNCIL MINUTES - 88 - May 4,2000
5. INFORMATION ITEMS
2000-231 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) AMCTO EXPRESS correspondence dated April 27, 2000 regarding various Bills and
related information.
File: A01
(b) Attorney General and Minister Responsible for Native Affairs correspondence dated
April 7 and 14, 2000 regarding the Safe Streets Act, 1999 and a progress report on
implementation of the Provincial Offences Act(POA)transfer initiative.
File: A16
(c) Minutes of the Bayham Community Health Action Committee meetings held September
27, and November 15, 1999, and January 31 and April 5, 2000.
File: C06
(d) Minutes of the Bayham Cemetery Committees meeting held March 30, 2000.
File: C06
(e) Minutes of the Bayham Community Centres Committee meeting held March 8, and 31,
2000.
File: C06
(f) Minutes of the Long Point Region Conservation Authority meeting held April 19, 2000.
File: A16
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
.l. CORRESPONDENCE& REPORTS
(a) County of Elgin Land Division Committee Notice of Application for Consent#E 35/00,
to sever property described as Part Lots 126 & 127, Concession North Talbot Road,
#10019 Plank Road, to add to existing residential land to the north, and to provide a
Right-of-Way for access purposes, submitted by Roger and Jacqueline DeClercq.
File: D10
2000-232 Moved by D. Mason
Seconded by C. Evanitski
"THAT the County of Elgin Land Division Committee be advised that the Council
of the Corporation of the Municipality of Bayham recommends approval of Consent
Application E-35/00 by Roger and Jacqueline DeClercq to sever a parcel of land
with an approximate area of.57 hectares from Part Lots 126 and 127, Concession
North Talbot Road, 10019 Plank Road to add to the adjoining residential land to the
north together with a Right-of-Way for access purposes subject to the following
conditions:
• That the severed land is rezoned to a "Special Agricultural (A-1)" or appropriate
zoning designation as determined by the Municipal Planner
• That Subsection 3 of Section 50 of the Planning Act, RSO 1990, shall apply to
merge the severed parcel with the adjoining lot to the north
That the applicant deposit with the Municipal Clerk a copy of the survey plan
prepared for the severed portion."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 89 - May 4,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE& REPORTS
(b) County of Elgin Land Division Committee Notice of Application for Consent#E 37/00,
to sever property described as Part Lots 125 & 126, Concession North Talbot Road,
#9594 Plank Road,RP 11R 3898 Parts 4 & 5 and RP 11R 4346 Part 1,to add to existing
commercial land to the south, submitted by Marc Vezina, agent, Estate of Ruby Millard.
File: D10
2000-233 Moved by C. Evanitski
Seconded by D. Mason
"THAT the County of Elgin Land Division Committee be advised that the Council
of the Corporation of the Municipality of Bayham recommends approval of Consent
Application E-37/00 submitted by Marc Vezina,Agent for the Estate of Ruby
Millard to sever a parcel of land with a frontage of 15.24 metres along Plank Road,
by a depth of 58.81 metres from property described as Part Lots 125 & 126,
Concession North Talbot Road,#9594 Plank Road,RP 11R 3898 Parts 4 & 5 and
RP 11R 4346 Part 1, to add to existing commercial land to the south subject to the
following conditions:
• That the severed portion is rezoned to a "Hamlet Commercial (HC)"zoning
designation
• That Subsection 3 of Section 50 of the Planning Act,RSO 1990, shall apply to
merge the severed parcel with the adjoining lot to the south."
Disposition: Motion Carried Unanimously
(c) Application to rezone property described as Part Lot 10, Concession 5, 55096 Calton
Line, from the Agricultural (A1)to Rural Residential (RR) designation as a condition of
consent imposed by the Elgin Land Division Committee Application E 27/00, submitted
by Ross Learn.
File: D14
2000-234 Moved by C. Evanitski
Seconded by D. Mason
"THAT the application submitted by Ross Learn to rezone property described as
Part Lot 10, Concession 5, 55096 Calton Line,from the Agricultural (Al)
designation to the Rural Residential (RR) designation, to meet the requirements
imposed by the County of Elgin Land Division Committee application#E-27100 be
accepted and referred to Staff and Cumming Cockburn Limited for scheduling of a
public meeting and by-law preparation."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Correspondence dated March 25, 2000 from the Ontario Heritage Foundation requesting
participation in heritage recognition programs. From April 6th
File: A01
3. PUBLIC MEETING
2000-235 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
COUNCIL MINUTES - 90 - May 4,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
1. Application:
(a) Staff Report D2000-17 regarding application by Fraser DeLaPlante to change the zoning
on a parcel of land comprising 12.02 hectares (29.7 acres) on the north side of Lakeshore
Line(County Road No. 42),just east of Csinos Road, in Part Lots 17 and 18, Concession
1 from the Agricultural (Al)Zone to a Site Specific Agricultural (A1-73)Zone.
File: D14
3. Declaration of Pecuniary Interest and the General Nature Thereof
There was no declaration of pecuniary interest and the general nature thereof
3. Staff Presentation
Staff Report D2000-17
4. Public Comments
There were no public comments.
5. Council Comments and Questions
Council raised no concerns or questions.
6. Adjournment
2000-236 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Public Meeting be adjourned at 7:35 p.m."
Disposition: Motion Carried Unanimously
Z Disposition of Items
2000-237 Moved by M. Schafer
Seconded by D. Mason
"THAT the application by Fraser DeLaPlante to change the zoning on a parcel of
land comprising approximately 12.02 hectares (29.7 acres) on the north side of
Lakeshore Line (County Road No. 42), east of Csinos Road, in Part Lots 17 and 18,
Concession 1, from the Agricultural(Al)Zone to a Site Specific Agricultural (Al-
73) Zone be approved;
AND THAT By-law No. Z416-2000 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
(a) Staff Report E2000-03 regarding Ditch Bottom Clean-out along former railway in Lot 14,
Concession 2. Deferred to May18, 2000.
File: 001-10000
COUNCIL MINUTES - 91 - May 4,2000
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Staff Report D2000-15 regarding the Port Burwell Harbour—Financial Assessment and
Management Study.
File: T12
2000-238 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT Staff Report D2000-15 be received;
AND THAT Dillon Consulting be engaged to carry out a Harbour Feasibility Study
pursuant to their proposal dated May 1,2000, at an upset limit of$18,646 exclusive
of taxes, subject to confirmation of funding from the Department of Fisheries and
Oceans."
Disposition: Motion Carried Unanimously
(b) Staff Report D2000-18 regarding the Municipal Boat Ramp and Docks.
File: L04
2000-239 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Staff Report D2000-18 be received;
AND THAT Option No. 2 outlined in Staff Report D2000-18 having reference to the
operation of the municipal boat launch, fmger docks and black dock be approved."
Disposition: Motion Carried Unanimously
(c) Building Permit Report for the month ending April 30, 2000.
File: P10
2000-240 Moved by M. Schafer
Seconded by D. Mason
"THAT the Building Report for the month of April 2000 be received for
information."
Disposition: Motion Carried Unanimously
(d) Correspondence received April 26,2000 from Doreen Boud and Jack Vince regarding
placement of a food booth.
File: C13
2000-241 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the correspondence received April 26,2000 from Doreen loud and Jack
Vince regarding placement of a food booth be received:
AND THAT the matter be referred to Staff for review and report back to Council."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 92 - May 4,2000
8. PROPERTY, BUILDING & PROTECTIVE SERVICES(continued)
1. CORRESPONDENCE& REPORTS
(e) Staff Report P2000-07 regarding Contract for Dog Licensing Services.
File: P14
2000-242 Moved by D. Mason
Seconded by C. Evanitski
"THAT the contract agreement with Ms. Kathy Bradfield as attached to report
P2000-07 be approved;
AND THAT a By-law authorizing the Mayor and Clerk to execute an agreement
between the Municipality and Kathy Bradfield for the provision of Dog Licensing
Services be prepared for Council's consideration."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE& REPORTS
(a) Cheque Register,being Cheque# 641 to Cheque#666 inclusive, except Cheque# 647
totaling $ 20,226.26, Accounts Payable for the period ending April 30and Payroll
Disbursements for the period ending April 19, 2000 totaling $ 30,160.54.
2000-243 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Cheque Register, being Cheque# 641 to Cheque#666 inclusive, except
Cheque# 647 and totaling$ 20,226.26, Accounts Payable for the period ending
April 30th, and Payroll Disbursements for the period ending April 19,2000 totaling
$ 30,160.54 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2000-11 regarding Water Line Connections.
File:
2000-244 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report F2000-10 be received;
AND THAT By-law 2000-41,being a by-law with respect to a water rate under
section 221 of the Municipal Act, Chapter M.45,R.S.O. 1990 as amended (frontage
rate Chatham Street, Port Burwell) be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -93 - May 4,2000
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(c) Staff Report F2000-10 regarding PWPF Financing.
File: F24
2000-245 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report F2000-10 regarding PWPF Financing be received;
AND THAT the Council of the Municipality of Bayham directs that any two of the
following:
• Suzanna Mantel,Treasurer
• Kyle Kruger,Administrator
• Max Stewart,Mayor
be hereby authorized and empowered for and on behalf of the Municipality of
Bayham to buy,sell, order and transfer all or any shares, bonds,stocks,put or call
options or other securities of the Municipality or for the Municipality and to execute
and sign all necessary and requisite acts of sale,purchase, assignment, and transfer
on behalf of the Municipality and to appoint in their place or stead an Attorney or
Attorneys and to ratify and consent to whatsoever the said Attorney or Attorneys
may lawfully do or cause to be done by virtue thereof."
Disposition: Motion Carried Unanimously
(d) Staff Report F2000-13 regarding Landscape Services
File: L04
2000-246 Moved by I Nezezon
Seconded by D. Mason
"THAT Staff Report F2000-13 be received;
AND THAT By-law 2000-42 being a by-law to authorize the execution of
agreements between the Municipality of Bayham and Doug Lilley (D&S Lawncare);
Herman & Mary Klassen; Ken Laemers and Joanne Smith for the provision of
landscape services be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Copy of Port Burwell Museum Advisory Committee resolution passed April 18, 2000
regarding appointment of a new member.
File: C06
2000-247 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Resolution passed April 18,2000 by the Port Burwell Museum Advisory
Committee be received;
AND THAT the Council of the Municipality of Bayham hereby appoints Margaret
Rushton as a member to the Port Burwell Museum Advisory Committee."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 94 - May 4,2000
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Staff Report U2000-03 regarding Cathode System—Port Burwell Water Tank.
File: E08
2000-248 Moved by D. Mason
Seconded by J. Nezezon
"THAT Staff Report U2000-03 regarding Cathode System -Port Burwell Water
Tank be received; and
1. That the low tender of Cathodic Technology Ltd. for the installation of a
cathodic protection system in the Port Burwell Elevated Tank, in the amount
of$11,970 plus GST be accepted, and that the Township of Malahide be
authorized to act on the Board's behalf for the purpose of contract
administration;
2. That the costs of the works be invoiced to the affected municipalities based
upon average water consumption from 1997 to 1999;
3. That Staff be authorized to forward sufficient funds for the project to the
Township of Malahide to appropriately administer the necessary contracts."
Disposition: Motion Carried Unanimously
The following item was added at the request of the Administrator.
(b) Staff Report U2000-04 regarding additional private sewer drain connections.
File: E09
2000-249 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report U2000-04 be received; and
1. That the additional private drain connections for Mathew Schafer(3),Mary
Wiltshire,Dave and Camille Vogelzang, and Gary Foerster be permitted;
2. That prior to works commencing on any of the private connections, that the
applicant prepay the amount of$1,014 plus 12% engineering and
administration, plus all applicable taxes,to the Municipality."
Disposition: Motion Carried
11. COMMITTEE OF THE WHOLE
2000-250 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss property and legal matters."
Disposition: Motion Carried
2000-251 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Committee of the Whole do now rise from the "In Camera" Session."
Disposition: Motion Carried
COUNCIL MINUTES - 95 - May 4,2000
11. COMMITTEE OF THE WHOLE (continued)
I. CORRESPONDENCE& REPORTS
(a) Confidential Staff Report L2000-04 regarding a property matter.
File: L07
(b) Staff Report L2000-05 regarding property matters.
File: L04
2000-252 Moved by J.Nezezon
Seconded by D. Mason
"THAT By-laws 2000-45, 2000-43 and 2000-44 to authorize execution of Agreements
of Purchase and Sale with Mathew A. Schafer Limited,Doug and Jerlene
Brackenbury, and Blondeel Nursery Inc. , respectively, for the purchase of
properties for the purposes of pumping stations for the Vienna, Straffordville, and
Eden Sanitary Sewage Project,as outlined in Staff Report L2000-05,be presented to
Council for enactment."
Disposition: Motion Carried
12. BY-LAWS
By-law Z416-2000 A By-law to Amend Zoning By-law 2387 (Former Township of
Bayham)
By-law 2000 - 41 A By-law with respect to a Water Rate(Frontage Rate) Chatham
Street, Port Burwell)
By-law 2000 - 42 A By-law to authorize the execution of Agreements between the
Municipality of Bayham and Doug Lilley (D&S Lawncare),
Herman and Mary Klassen, Ken Laemers and Joanne Smith for
the provision of Landscape Services
By-law 2000 - 43 A By-law to authorize the execution of an Agreement of Purchase
and Sale with Douglas and Jerlene Brackenbury
By-law 2000 - 44 A By-law to authorize the execution of an Agreement of Purchase
and Sale with Blondeel Nursery Inc.
By-law 2000 -45 A By-law to authorize the execution of an Agreement of Purchase
and Sale with Mathew A. Schafer Limited and Mathew A. Schafer
By-law 2000—47 A By-law to authorize the execution of an Agreement for the
Provision of water Services with Leighton Martin
2000-253 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT By-laws Z416-2000,2000-41,2000-42, 2000-43, 2000-44,2000-45 and
2000-47 be read a first,second and third time and finally passed."
Disposition: Motion Carried
COUNCIL MINUTES - 96 - May 4,2000
12. BY-LAWS
By-law 2000 -46 A By-law to confirm all actions of Council
2000-254 Moved by J. Nezezon
Seconded by D. Mason
"THAT confirming By-law 2000-46 be read a first,second and third time and
finally passed."
Disposition: Motion Carried
13. ADJOURNMENT
2000-255 Moved by D. Mason
Seconded by J.Nezezon
"THAT the meeting be adjourned at 10:12 p.m."
Disposition: Motion Carried Unanimously
(7) 12YQrl't C ERK
Date approved: .,-� /() 6