HomeMy WebLinkAboutAugust 19, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,August 19, 1999
7:00 p.m.
7:30 p.m. (Public Meeting)
The regular meeting of Council of the Municipality of Bayham, was held at 7:00 p.m. on
Thursday,August 19, 1999, in Council Chambers. Present were Mayor Max Stewart, Deputy
Mayor John Nezezon, and Councillor David Mason, and Clerk Lynda Millard. Councillors
Mathew Schafer and Cliff Evanitski were absent.
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
There was no disclosure of pecuniary interest and the general nature thereof.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held August 5, 1999.
An amendment was requested by Councillor Mason with respect to Item 6.2(a) to indicate
that the Bayham Economic Development and Tourism Committee reiterated its support of
the proposed Bayham Logo prepared by David Mason.
99-458 Moved by D.Mason
Seconded by J.Nezezon
"THAT the minutes of the regular meeting of the Municipality of Bayham held August 5,
1999 be approved,as amended."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Gwynn Williams,was presented with the 1999 Senior of the Year Award by
Mayor Stewart.
(b) 7:15 p.m.—Sharon Reiser, Chairman Cenotaph Committee was present regarding
Item 8.1(a)
(c) 8:00 p.m. -Jeff Oatman, Footloose Entertainment,was present regarding
Item 9.1(c)
(d) 8:10 p.m.—Mike Wells,was present regarding Item 9.1(d)
(e) 8:30 p.m.—Mayor Habkirk and Wendell Graves, Administrator, Town of Aylmer
were present regarding recreation fees.
Item 9.1(b)
COUNCIL MINUTES - 200 - August 19, 1999
4. DELEGATIONS (continued)
(e) 8:45 p.m.- Sam Taylor,Fire Chief was present regarding
Items 9.1(h), 9.1(i)
(f) 9:00 p.m.—Linda and Robert Alcorn,were present regarding a property matter.
Item 11.1(a)
(g) 9:00 p.m. -Donna Lamoure,Tax Clerk was present regarding a property matter.
Item 11.1(b)
(h) Maureen Beatty,Co-ordinator of Planning,was present regarding
Items 6.1(b), 6.1(c), 6.1(d), 6.1(e), 6.1(f), 6.3(a) 6.3(b), 6.3(c), 7.1(a)
(i) Suzanna Mantel, Treasurer was present regarding
Items 9.1(e), 9.1(f), 9.1(g)
5. INFORMATION ITEMS
99-459 Moved by J.Nezezon
Seconded by D. Mason
"THAT Information Items 5(a) through 5(i) be received and filed."
Disposition: Motion Carried Unanimously
(a) Staff Memo C99012 regarding 3rd Smart Serve Session to be held at 7:00 p.m. Thursday,
September 306, at the Vienna Community Centre. All Council members are encouraged
to attend as the Draft Municipal Alcohol Policy will be presented in late October or early
November for final approval.
File: A09
(b) Correspondence dated August 9, 1999 from Deb Travis, Port Burwell Recreation Society
regarding use of hydro during Tub Daze.
File: R06
(c) Correspondence dated July 26, 1999 from Ontario Jobs and Investment Board regarding
an executive summary for A Road Map to Prosperity.
File: A04
(d) Correspondence dated July 30, 1999 from the Ministry of the Environment regarding
poor air quality.
File: A16
(e) Correspondence dated July 28, 1999 from the Office of the Governor General of Canada
requesting assistance in soliciting nominations for The Order of Canada, The Meritorious
Service Decorations and the Governor General's Caring Canadian Award.
File: Al6
(f) Correspondence dated August 3, 1999 from the Elgin St. Thomas Health Unit regarding
Raccoon Rabies.
File: A16
(g) Correspondence dated August 5, 1999 from the Long Point Region Conservation
Authority regarding Fish Habitat Concerns and Municipal Drainage Activities.
File: A16
COUNCIL MINUTES -201 . August 19, 1999
5. INFORMATION ITEMS (continued)
(h) Association of Municipalities of Ontario Alert correspondence dated August 13, 1999
regarding AMO Requests Further Extension for Education Payments.
File: A01
(i} Minutes of the Bayham 150/2000 Committee meeting held June 24, 1999.
File: C06
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Correspondence received August 5, 1999 from Ron Bradfield, Bradcranex Inc. regarding
Port Burwell Harbour dredging.
File: C13
99-460 Moved by D. Mason
Seconded by J.Nezezon
"THAT the correspondence received August 5, 1999 from Ron Bradfield,
Bradcranex Inc. be received for information;
AND THAT Mr. Bradfield be notified for future work quotations."
Disposition: Motion Carried Unanimously
(b) Staff Report D99017 regarding the Trans Canada Trail Memorandum of Understanding.
File: A01 & D06
Staff were directed to invite Paula Neice, Trans Canada Trail Co-ordinator to meet with
members of Council and Staff to discuss the Memorandum of Understanding and the
responsibilities of participating municipalities.
(c) Staff Report D99018 regarding Port Burwell Harbour(Department of Fisheries and
Oceans Lease Renewal and Requests for Dredging Material.
File: T12
99-461 Moved by D. Mason
Seconded by J.Nezezon
1. "THAT the Government of Canada,Fisheries and Oceans, Small Craft Harbours be
requested to renew the lease of the Port Burwell Harbour with the Municipality of
Bayham for a one year term under the same terms and conditions as the lease with
the Village of Port Burwell dated June 1, 1997;
AND THAT during the term of the lease renewal,the Municipality of Bayham shall
consider the implications of taking municipal ownership of the harbour;
.../continued
COUNCIL MINUTES - 202 - August 19, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(c) Resolution 99-461 (continued)
2. THAT the Government of Canada,Fisheries and Oceans, Small Craft Harbours be
requested to amend its approval for the location of dredged material to include the
following:
Name Location of Material& Purpose Amount
Gord Craig 31 Robinson Street,Roll#01-235 for Fill Approx.10
To raise grade of vacant lot(to be trucked by Dump truck loads
Steve Laemers Tracking)
Jim Weston 47 Chatham Street,Roll#001-454 for Fill Approx.70
To raise grade of vacant lot to improve Dump truck loads
severe drainage problem
(to be trucked by Steve Laemers Trucking)
Municipality Beach Nourishment purposes,west side of Approx.20
Robinson Street,extension of municipal beach Dump truck loads."
(Subject to approval of owner 345990 Ontario
Limited)"
Disposition: Motion Carried Unanimously
(d) Staff Report D99020 regarding Lease Renewal--Gord Craig, Port Burwell Fish
Company for use of municipal land for docking purposes.
File: L04
99-462 Moved by J.Nezezon
Seconded by D. Mason
"THAT Staff Report D99020 be deferred."
Disposition: Motion Carried Unanimously
(e) Staff Report D99021 regarding Consent Application E70/99 submitted by Marc and
Jacqueleen Vezina, Part Lots 125 and 126, Concession NTR.
File: D10
99-463 Moved by J.Nezezon
Seconded by D. Mason
"THAT Staff Report D99021,regarding Consent Application E70199 submitted by Marc
and Jacqueleen Vezina be deferred."
Disposition: Motion Carried Unanimously
(f) Proposed Bayham Logo Poster for distribution to the public for comment.
File: D
99-464 Moved by J.Nezezon
Seconded by D. Mason
"THAT Council of the Municipality of Bayham approves the proposed Bayham Logo
Poster;
AND THAT Staff be directed to distribute copies throughout the municipality for input."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -203- August 19, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
None
3. PUBLIC MEETING
99-465 Moved by D.Mason
Seconded by J.Nezezon
"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 New Hope Baptist Church,to extend the Temporary Highway
Commercial zoning on a parcel of land situated on the south side of Green Line,
immediately west of Talbot Line(Highway No. 3), in Part Lot 18, Concession 10,to
permit the continuation of the use as a school and church for a period of three years.
File: D14
(b) Application by Zygmunt,Rebecca, Allan and Troy Dygos,to change the zoning on a
parcel of land situated on the north side of Jackson Line, immediately west of Coyle
Road, in Part Lot 26, South Gore to permit the establishment of a mobile home for farm
labour for a temporary period of not more than three years.
File: D14
(c) Application by Paul and Mary DeCloet,to change the zoning on a parcel of land situated
on the north side of Eden Line (County Road No. 44),west of Plank Road, in Part Lot 22,
Concession 9 from the Future Development Zone to the Hamlet Residential 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.
3. Staff Presentation
(a) Maureen Beatty, Planning Co-ordinator advised that this property will be identified for
use as a school and church when the Official Plans of the three former municipalities are
merged. Further that the church plans to expand the facility and wish to remain at this
location permanently.
(b) The Planning Co-ordinator advised that the temporary use for this property, including the
use of the second trailer during the berry season only will be monitored by the Chief
Building Official for compliance.
(c) The Planning Co-ordinator advised that the zoning amendments were imposed as a
condition of the severance application. Also that the property to the east would be
rezoned Special Future Development,the parcel containing the existing residence would
be rezoned to a Special Hamlet Residential designation,while the parcel to the west
would be rezoned to Hamlet Residential with a holding symbol to prevent development
until the municipal sanitary sewer project is completed.
4. Public Comments
There were no public comments.
COUNCIL MINUTES - 204 - August 19, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
5. Council Comments and Questions
None
6. Adjournment
99-466 Moved by J.Nezezon
Seconded by D.Mason
"THAT the Public Meeting be adjourned at 7:48 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Items
(a) 99-467 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Application submitted by New Hope Baptist Church to extend the
Temporary Highway Commercial (HWC-2[T])Zone on property described as Part
Lot 18, Concession 10,being a parcel of land comprising approximately.7 hectares
(1.8 acres) on the south side of Green Line,immediately west of Talbot Line
(Highway No. 3) to permit the continuation of the use as a school and church for a
further period of three years be hereby approved;
AND THAT By-law No.Z411-99, being a by-law to amend Township of Bayham
By-law 2387 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) 99-468 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Application submitted by Zygmunt,Rebecca,Allan and Troy Dygos, to
change the zoning on a parcel of land comprising approximately 21.7 hectares (54.2
acres) situated on the north side of Jackson Line,immediately west of Coyle Road,
on property described as Part Lot 26, South Gore, being Part 1 of Registered Plan
11 R-5191, from the Agricultural (A1) to a Temporary Agricultural(A-1-T5)Zone
to permit the establishment of a mobile home for farm labour for a temporary
period of not more than three years be hereby approved subject to the condition
that the existing trailer on the site used for the applicant's berry operation not be
used as a residence for farm labour, and that the trailer be stored behind the barn
during the months when it is not in use;
AND THAT By-law No. Z412-99, being a by-law to amend Township of Bayham
By-law 2387 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 205 - August 19, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
7. Disposition of Items
(c) 99-469 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Application submitted by Paul and Mary DeCloet to change the zoning
on a parcel of land comprising approximately 1.6 hectares (4.0 acres) situated on the
north side of Eden Line (County Road No. 44),west of Plank Road, in Part Lot 22,
Concession 9 from the Future Development(FD) Zone to the Hamlet Residential
(HR and HR[h])Zone to facilitate the creation of two (2) new residential lots be
hereby approved;
AND THAT By-law No.Z413-99,being a by-law to amend Township of Bayham
By-law 2387 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report D99022 presenting a Request to Stop up, Close and Convey a portion of
Gamer Road, Part Lot 18, Concession South Gore Part Lot 126, Concession S.T.R.
File: T09
99-470 Moved by J.Nezezon
Seconded by D. Mason
"THAT the written request from Rudy Garner to stop up,close and convey a portion of
Garner Road contained in Part Lot 18,Concession South Gore and Part Lot 126,
Concession S.T.R. be received;
AND THAT prior to a decision being made,Staff be directed to contact all abutting owners
on Garner Road,in writing to advise them of the request and to obtain their comments and
to report back to Council."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 206 - August 19, 1999
S. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated August 13, 1999 from Sharon Reiser, Chairman Cenotaph
Committee regarding proposed refurbishing and relocation of the Port Burwell Cenotaph
to the Kenneth Kirkpatrick Memorial Parkette.
File: A19
99-471 Moved by D. Mason
Seconded by J.Nezezon
"THAT the correspondence dated August 13, 1999 from Sharon Reiser, Chairman
Cenotaph Committee be received;
AND THAT the Council of the Municipality of Bayham supports the Cenotaph
Committee proposal to refurbish and relocate the Port Burwell Cenotaph to the
Kenneth Kirkpatrick Memorial Parkette property,described as Pitt Street N/S,
Plan 12 Part Market Square,Village of Port Burwell,Municipality of Bayham, as
submitted, subject to approval of location by the Chief Building Official and
obtaining the proper permits and inspections;
AND THAT the Public Works Department assist in removal of boards, earth and
concrete as directed by the Chief Building Official;
AND THAT the Council of the Municipality of Bayham give financial support to the
project."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being cheques#2601 to #2652 inclusive, and totalling$ 80,926.22 and
Cash Requirements for the period ending August 31, 1999. Payroll disbursements for the
period ending August 11th and totalling$ 27,103.05.
File: F10.3
99-472 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Cheque Register for cheques #2601 to#2652 inclusive,totalling
$80,926.22; and
THAT the Cash Requirements for the period ending August 31, 1999; and
THAT the Payroll disbursements for the period ending August 11th and totalling
$27,103.05 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -207 - August 19, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(b) Correspondence dated July 30, 1999 from Wendell Graves, Administrator, Town of
Aylmer regarding recreation fees. Previous correspondence dated March 10th and
response also included.
File: A 16
99-473 Moved by J.Nezezon
Seconded by D. Mason
"THAT the correspondence dated July 30, 1999 from Wendell Graves,
Administrator,Town of Aylmer, regarding recreation fees be received and deferred
to the next meeting of Council."
Disposition: Motion Carried Unanimously
(c) Correspondence dated July 28, 1999 from Footloose Entertainment regarding use of the
Vienna Community Centre for Youth dances.
File: R06
(d) Correspondence dated August 11, 1999 from Straffordville Minor Ball Executive
regarding proposed Youth dances.
File: R06
99-474 Moved by J.Nezezon
Seconded by D. Mason
"THAT the correspondence dated August 11, 1999 from Straffordville Minor Ball
be received for information."
Disposition: Motion Carried Unanimously
(e) Staff Report F99012 regarding the former Eden Public School property.
File: F08
99-475 Moved by D.Mason
Seconded by J.Nezezon
"THAT staff report F99012 be received;
THAT Council approves debentures to be issued to Port Burwell Non-Profit
Housing Corporation;
THAT the debentures shall be made payable within five(5)years from the date of
issue and shall bear interest at a rate of 6.25% per annum;
THAT payment shall be made each year on the 31st day of August to redeem
principal and interest;
AND THAT By-law 99-55 being a by-law to authorize the purchase of real property
comprising of Plan 258,Lot 3,Part Lot 22,Concession 8,56967 Eden Line(South
Side),in the Hamlet of Eden,in the Municipality of Bayham, and the financing
thereof, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 208 August 19, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(f) Staff Report F99013 regarding re-allocation of 1999 budget funds.
File: F05
99-476 Moved by J.Nezezon
Seconded by D. Mason
"THAT staff report F99013 be received;
AND THAT Council approves the additional expenditures in the amounts as
follows:
Purchase of Generator $5,300
Rental of Generators for Y2K $3,000
Additional Wages for Fire Chief $4,000
Advertising for new Administrator $1,500;
AND THAT the total additional expenditures not exceed$13,800."
Disposition: Motion Carried Unanimously
(g) Staff Report F99014 and attached Financial Report for the period ending July 31, 1999.
File: F10
99-477 Moved by J.Nezezon
Seconded by D. Mason
"THAT Staff Report F99014 and the attached financial report for the period ending
July 31, 1999 be received for information."
Disposition: Motion Carried Unanimously
(h) Staff Report F99010 regarding Joint Emergency Preparedness Program Funding
File: Fl i
99-478 Moved by D. Mason
Seconded by J.Nezezon
"THAT Staff Report F99010 regarding Joint Emergency Preparedness Program
Funding be received;
AND THAT Council direct the Bayham Fire Chief to contact Emergency Measures
Ontario to remove the funding portions allocated to salaries, benefits, mileage and
telephone costs from the approved J.E.P.P. funding Project No. 32-69;
AND THAT the Bayham Fire Chief contact Karen Dunn,Emergency Measures
Coordinator, County of Elgin and Steve Beatty,Area Officer,Emergency Measures
Ontario,to initiate the development of an Emergency Plan for the Municipality of
Bayham."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 209 - August 19, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
I. CORRESPONDENCE&REPORTS
(i) Staff Report P99011 regarding Fire Apparatus Purchase.
File: P16
99-479 Moved by J.Nezezon
Seconded by D. Mason
"THAT Staff Report P99011 regarding the Fire Apparatus Purchase be received;
AND THAT Council accepts the quotation from Superior Emergency Vehicles for
the supply of a Triple Combination Pumper/Tanker, as per their specification, at
the price of$170,004.00 plus applicable taxes;
AND THAT the terms of payment as described in the quotation,being the payment
of$57,853.00 plus applicable taxes for the cab and chassis upon delivery at
Superior's Plant;
AND THAT the remaining balance of$112,151.00, plus applicable taxes be paid
upon delivery to the Port Burwell Fire Station,Municipality of Bayham, estimated
to be March 2000, be approved;
AND THAT Staff be directed to place the order for the said vehicle."
Disposition: Motion Carried Unanimously
Councillor Mason requested the addition of the following item to the agenda.
(j) Correspondence dated July 27, 1999 from the Corporation of the Township of Hamilton
requesting support regarding gasoline prices.
File: A 16
99-480 Moved by D. Mason
Seconded by J.Nezezon
"THAT The Council of the Municipality of Bayham support the resolution of the
Township of Hamilton dated July 27, 1999 regarding gasoline prices."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report C99003 regarding Appointments to Committees. From August 5th
File: C12
COUNCIL MINUTES - 210 - August 19, 1999
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated February 17, 1999 from Lawrence Crouse regarding Waste
Management services.
File: C13
99-481 Moved by J.Nezezon
Seconded by D.Mason
"THAT the correspondence dated February 17, 1999 from Lawrence Crouse be
received for information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
99-482 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss property matters."
Disposition: Motion Carried Unanimously
99-483 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Council do now rise from the "In Camera" Session without reporting."
Disposition: Motion Carried Unanimously
(a) Correspondence dated July 28, 1999, and correspondence received August 13, 1999
regarding a property matter.
File: C13
(b) Confidential Staff Report F9904 regarding a property matter.
2. UNFINISHED BUSINESS
(a) Confidential Staff Report H99008 regarding a personnel matter. (From August 5th)
File: H05
12. BY-LAWS
By-law Z411-99 A By-law to amend Zoning By-law 2387 (New Hope Baptist)
By-law Z412-99 A By-law to amend Zoning By-law 2387 (Dygos)
By-law Z413-99 A By-law to amend Zoning By-law 2387 (P. &M. DeCloet)
By-law 99- 55 A By-law authorizing the Mayor and Clerk to execute documents
regarding purchase and financing of the former Eden Public
School property
COUNCIL MINUTES - 211 - August 19, 1999
12. BY-LAWS (continued)
99-484 Moved by D. Mason
Seconded by J.Nezezon
"THAT By-laws Z411-99, Z412-99, Z413-99 and 99-55 be read a first, second and
third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 99 65 A By-law to confirm all actions of Council
99-485 Moved by J.Nezezon
Seconded by D. Mason
"THAT confirming By-law 99-65 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-486 Moved by D. Mason
Seconded by J.Nezezon
"THAT the meeting be adjourned at 10:00 p.m."
Disposition: Motion Carried Unanimously
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