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HomeMy WebLinkAboutNovember 02, 2000 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, November 2, 2000 9:00 a.m. Public Meeting (9:30 a.m.) The regular meeting of Council of the Municipality of Bayhana, was held at 9:00 a.m. on Thursday, November 2, 2000 in Council Chambers. Present were Mayor Max Stewart, Deputy Mayor John Nezezon, Councillors David Mason, Mathew Schafer and CliffEvanitski, Administrator Kyle Kruger, Deputy Clerk Margaret Underhill and Public Works Superintendent Bob Bartlett. 1. CALL TO ORDER Mayor Stewart called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest and the general nature thereof. 3, APPROVAL OF MINUTES Minutes of the Regular Meeting held October 19, 2000 2000-520 Moved by C. Evanitski Seconded by M. Schafer "THAT the minutes of the regular meeting of the Municipality of Bayham held October 19, 2000 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:05 a.m.—Dave Thompson,Ministry of the Environment was present to discuss the Organic Resource facility located on the W. Rycquart property, Jackson Line. Questions and comments were presented from Council, as well as, from those present in the gallery. The following issues were raised: overwhelming odour, soil sampling by an independent laboratory, alternative way of spreading waste on the ground and groundwater protection and testing. As a result of this discussion, Council passed the following resolution: 2000-521 Moved by M. Schafer Seconded by D. Mason "THAT Staff be directed to consult with MOE and the property owner to ensure the safety of water resources in the area of this operation and to address odour issues; FURTHER THAT Staff consult with the municipal solicitor regarding options to alter or halt the current storage and application process or at minimum, address current odour concerns." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 207 - November 2, 2000 5. INFORMATION ITEMS 2000-522 Moved by J. Nezezon Seconded by M. Schafer "THAT Information Items 5(a)through 5(q) be received for information." Disposition: Motion Carried Unanimously (a) Minutes of the Port Burwell Marine Museum Advisory Committee meeting held September 19, 2000. File C06 (b) Minutes of the Long Point Region Conservation Authority meeting held October 4, 2000. File A16 (c) Minutes of the Bayham Community Health Action Committee regular meeting held July 6, 2000 and Special Meeting held September 18, 2000. File C06 (d) Correspondence from Steve Peters, M.P.P., Critic for Agriculture dated October 30, 2000 regarding the "Harris Government should announce drainage program funding". File: A16 (e) Correspondence dated October 20, 2000 from OMAFRA regarding the 2°d Annual Rural Tourism Conference Feb. 25 —27, 2001. File A04 (f) Correspondence dated October 12, 2000 from Honorable Tony Clement, Minister, Ministry of Municipal Affairs and Housing regarding the "Guide to Social Housing Reform". File A16 (g) Municipal Advisory from the Federation of Canadian Municipalities dated October 20, 2000 regarding the "Federal Election 2000: FCM Ten Point Action Plan for Sustainable Communities". File A01 (h) Correspondence dated October 20, 200 regarding Ontario Tourism Marketing Partnership Information Session to be held November 3, 2000 in London. File A04 (i) Correspondence from County of Elgin dated September 28, 2000 regarding the Police Services Board Appointment Recommendation. File A16 (j) Correspondence from the Elgin Association of Community Living dated October 4, 2000 regarding Elgin Home Child Care, Licensed Home Child Care Program. File A01 COUNCIL MINUTES -208 - November 2, 2000 5. INFORMATION ITEMS (continued) (k) Correspondence from the Ministry of the Attorney General dated October 26, 2000 regarding Ontario Municipal Board to be transferred to Ministry of the Attorney General" File A16 (1) AMO Alert dated October 20, 2000 regarding"Canada-Ontario Infrastructure Agreement Announced" and AMO For Your Information release dated October 20, 2000 regarding AMO Releases Policy Report on Brownfields Redevelopment". File A01 (m) AMO notice dated October 20, 2000 regarding an update on the status of AMO's role in the O'Connor(Walkerton) Inquiry and request for financial support. File A01 (n) Correspondence from Canada Post dated October 23, 2000 regarding our support of the issuance of a stamp in 2003 to honour volunteer firefighters. File A16 (o) Correspondence dated October 17 and October 24, 2000 from the Ontario Road Builders' Association regarding local roads and bridges infrastructure issues and the upcoming Municipal Elections. File: A01 (p) Minutes of the Bayham Community Centres Committee meeting held September 28, 2000. File: C06 (q) Notice of All Candidates meeting to be held Tuesday November 7th at the Trinity Parish Hall, Port Burwell. File: MO 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS None COUNCIL MINUTES - 209 - November 2,2000 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM cont'd 2. UNFINISHED BUSINESS (a) County of Elgin Notice of Application for Consent #E 93/00, to sever property described as North Lot 125, Concession 6 STR, # 56439 Heritage Line, proposed to create one new residential building lot, submitted by James and Andrea Spitzke. File: D10 2000-523 Moved by J. Nezezon 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-93/00 submitted by James and Andrea Spitzke to sever a lot with a frontage of 36.28 metres along Main Street, Straffordville, by a depth of 76.92 metres (north lot line)from property described as North Part Lot 125, Concession 6 STR, Municipality of Bayham,to create one new building lot for residential purposes, subject to the following conditions: o That the Applicant provide a well test to the satisfaction of the Elgin St. Thomas Health Unit o That the Applicant be responsible for all costs associated with connection of the severed parcel to the Municipal Sanitary Sewer System o That a 911 Municipal address sign be purchased and installed o That$500 cash in lieu of parkland dedication be paid to the municipality, and That the applicant deposit with the Municipal Clerk a copy of the survey plan prepared for the severed portion." Disposition: Motion Carried Unanimously 3. PUBLIC MEETINGS 2000-524 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. Applications: (a) Application by Bill and Linda Rimnyak to change the zoning on a parcel of land comprising approximately 19.26 hectares (47.6 acres)on the east side of Bogus Road, north of Light Line, in Part Lot14, Concession 4, from the Agricultural(Al)Zone to a temporary Agricultural (Al-T1)Zone. File: D14 (b) Application by Harry& Grace Schipper to change the zoning on a parcel of land comprising 0.5 hectares (1.25 acres) on the west side of Culloden Road(County Road No. 46), north of Ottergate Line, in Part Lot 5, Concession 8 from the Agricultural (Al) Zone to a Rural Residential (RR)Zone. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof There was no declaration of pecuniary interest and the general nature thereof. COUNCIL MINUTES - 210 - November 2, 2000 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 3. PUBLIC MEETINGS(continued) 3. Staff Presentation (a) Verbal presentation of applications by Derek Dudek, Planner CCL. (b) Verbal presentation of applications by Derek Dudek, Planner CCL. 4. Public Comments (a) There were no public comments. (b) There were no public comments. 5. Council Comments and Questions (a) Q -Councillor Mason asked how often and for how long can the applicants re- apply for the temporary rezoning. A-Derek Dudek replied that the temporary zoning is in effect for a three year period and the applicant can re-apply as many times as desired as long as the fee is paid each time. Q- Councillor Mason asked if the Bylaw Enforcement Officer or Chief Building Official inspects these temporary housing properties on a regular basis. A—K. Kruger replied that there are no formal inspections performed on these properties. Inspections may occur as a result of observation or public comment. Zoning issues remain the responsibility of the Chief Building Official. Q—Councillor Mason asked if property taxes are paid on these temporary dwellings. A—K. Kruger explained that a building permit is issued and copies of such are forwarded to the Ontario Property Assessment Corporation(OPAC) and there would be a value added to the total assessment and this would be reflected in the tax calculation. (b) No Council comments or questions. 6. Adjournment 2000-525 Moved by C. Evanitski Seconded by D. Mason "THAT the Public Meeting be adjourned at 9:53 a.m." Disposition: Motion Carried Unanimously 7. Disposition of Items (a) 2000-526 Moved by C. Evanitski Seconded by M. Schafer "THAT the application by Bill and Linda Rimnyak to change the zoning on a parcel of land comprising approximately 19.26 hectares (47.6 acres) situated on the east side of Bogus Road, north of Light Line, in Part Lot 14, Concession 4,from the Agriculture (A1)Zone to a Temporary Agriculture (Al-T1)Zone be approved; AND THAT By-law No. Z423-2000 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 211 November 2, 2000 Z Disposition of Items (continued) (b) 2000-527 Moved by D. Mason Seconded by J. Nezezon "THAT the application by Harry and Grace Schipper to change the zoning on a parcel of land comprising 0.5 hectares (1.25 acres) situated on the west side of Culloden Road (County Road No. 46) north of Ottergate Line, in Part Lot 5, Concession 8, from the Agriculture(Al)Zone to a Rural Residential (RR) Zone be approved; AND THAT By-law No. Z422-2000 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report T2000-05 regarding Public Works Activities for the months of September and October 2000. File: T06 2000-528 Moved by J. Nezezon Seconded by D. Mason "THAT Staff Report T2000-05 regarding Public Works Activities for the months of September and October be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated October 24, 2000 from Michael Devos requesting installation of sidewalks. File: C13 2000-529 Moved by M. Schafer Seconded by J. Nezezon "THAT the correspondence dated October 24, 2000 from Mike DeVos requesting installation of sidewalks be received for information; Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS No Items COUNCIL MINUTES - 212 - November 2, 2000 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register, being Cheque# 1449 to Cheque# 1548 inclusive, except cheque # 1455,totaling $ 150,294.37, Accounts Payable for the period ending November 20th and Payroll Disbursements for the period ending October 18th totaling $ 27,951.07. 2000-530 Moved by D. Mason Seconded by M. Schafer "THAT the Cheque Register, being Cheque# 1449 to Cheque# 1548 inclusive, except cheque# 1455, totaling $150,294.37,Accounts Payable for the period ending November 20th, and Payroll Disbursements for the period ending October 18th totaling $27,951.07 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2000-35 regarding 2000 Tax Write Offs. File: F22 2000-531 Moved by M. Schafer Seconded by D. Mason "That Staff Report 2000-19 regarding 2000 Tax Write Offs be received; AND THAT taxes in the amount of$2,430.36 be cancelled, refunded or reduced pursuant to Section 442 and 443 of the Municipal Act as set out in Schedule 'A' (attached)" Disposition: Motion Carried Unanimously Following Item 9 (c) was added at the request of the Administrator (c) Verbal report from the Administrator regarding quotes for the pay equity plan preparation File: The Administrator obtained quotes, as had been directed previously by Council,from the following companies: • Personnel Management $5,590.00 • Daugharty Group Inc. $14,000.00 Council directed Staff to have Personnel Management undertake the preparation of the Pay Equity Plan. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS No Items 11. COMMITTEE OF THE WHOLE 2000-532 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 personnel and property matters." Disposition: Motion Carried Unanimously COUNCIL MINUTES 213 - November 2, 2000 11. COMMITTEE OF THE WHOLE (continued) 2000-533 Moved by D. Mason Seconded by C. Evanitski "THAT the Committee of the Whole do now rise from the "In Camera" Session." Disposition: Motion Carried (a) Verbal Report regarding a property matter. (b) Verbal Report regarding a property matter. (c) Verbal Report regarding personnel matters. 12. BY-LAWS By-law Z422—00 A By-law to amend Zoning By-law 2387 (Schipper) By-law Z423 —00 A By-law to amend Zoning By-law 2387 (Rimnyak) By-law 2000 90 A By-law to authorize the Mayor and Clerk to endorse an Agreement with David & Johanna Baxter for the provision of water services 2000-534 Moved by D. Mason Seconded by M. Schafer "THAT By-laws Z422-00,Z423-00 and 2000-90 be read a first, second and third time and finally passed." Disposition: Motion Carried By-law 2000— 91 A By-law to confirm all actions of Council 2000-535 Moved by D. Mason Seconded by M. Schafer "THAT confirming By-law 2000-91 be read a first, second and third time and finally passed." Disposition: Motion Carried 13. ADJOURNMENT 2000-536 Moved by C. Evanitski Seconded by M. Schafer "THAT the meeting be adjourned at 12:02 p.m." Disposition: Motion Carried MAYOR. ► P Y CLERK Date Approved: P