HomeMy WebLinkAboutMarch 19, 1998 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O.Box 160, 14 Plank Road North
STRAFFORDVILLE, ONTARIO
Thursday, March 19, 1998
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, March 19, 1998 in the Council Chambers. Present were Mayor Max Stewart,
Deputy Mayor J. Petrie, Councillors John Nezezon and Ken Nesbitt,
Administrator/Treasurer Lynn S. Buchner, and Clerk/Deputy Treasurer Lynda Millard
Councillor David Mason was absent.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 7:06 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST AND THE
GENERAL NATURE THEREOF
There was no disclosure of pecuniary interest and the general nature thereof.
3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES
98-202 Moved by J. Nezezon
Seconded by K. Nesbitt
"THAT the minutes of the special meeting of the Municipality of Bayham
held March 4, 1998 be approved."
Disposition: Motion Carried Unanimously
98-203 Moved by K. Nesbitt
Seconded by J. Nezezon
"THAT the minutes of the regular meeting of the Municipality of Bayham
held March 5, 1998 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:30 p.m.—Susan Gillis. President Port Burwell Business & Tourist
Association was scheduled but was unable to attend regarding advertising in the
Provincial Park Tabloid.
Item 6.1(a)
(b) 7:45 p.m.—Wasterwater Treatment Plant Superintendent,Ed Roloson
presented Staff Report 98025 in regard to proposed additional alarms system for
the Wastewater Treatment Plant in Port Burwell. The Superintendent outlined the
benefits to be obtained from the installation, and the use of a beeper/pager,
including improved response in the event of equipment failure, and reduced
weekend staff overtime costs.
Item 10.1(c)
File: E3.2
COUNCIL MINUTES 87 MARCH 19, 1998
4. DELEGATIONS (continued)
(c) 8:00 p.m.—Leighton Martin, owner/operator Vienna Farms Ltd. was in
attendance to discuss his concerns, in relation to the proposed sour gas plant by
Talisman Energy Inc.
Mr. Martin stated that he understood that emissions from this type of plant are
those associated with acid rain. He also remarked that he had talked with local
neighbours of the Morpeth plant, and that opinions as to the harmfulness of the
emissions were varied. No apparent crop damage or residue on fruit has been
reported there to date, although there are no orchard crops in the immediate
vicinity. Preliminary air assessment reports that emissions are well within the
maximum allowed and that only minimal damage is likely as long as standards
are met.
Mr. Martin's concern is that his apple orchards would be exposed daily, year-
round, and with the project directly upstream from his water supply, in the event
of contamination, could be devastating to his operation. In the event of a disaster
due to mechanical failure or whatever, orchard losses could involve a$5 to $8
million replacement cost. A 10-year crop loss, soil contamination and
devaluation of property would equal financial ruin for one business alone at an
estimated $50 million. He stated that a whole community could experience a loss
of$500 million.
He suggested it would not be unreasonable, for Council to provide, or request
Talisman Energy Inc. to provide posting of a bond for potential losses incurred,
and to increase the proposed 12.8 hectare buffer area.
File: D8.1.20
5. INFORMATION ITEMS
98-204 Moved by K. Nesbitt
Seconded by I. Nezezon
"THAT Information Items 5(a), 5(b), 5(c), 5(d), 5(f) and 5(g) be received and
filed."
Disposition: Motion Carried Unanimously
(a) Middlesex-Elgin Community Leaders' Letter—March/April 1998 issue.
File: M6.6
(b) Cowan News information brochure—February 1998 issue.
File: L5.1
(c) The Trillium Foundation correspondence dated February 23, 1998 and Ontario
Prevention Clearinghouse correspondence dated February 4, 1998 regarding
"Caring Community"Provincial Awards.
File: M.2
(d) Tillsonburg Newspaper clipping dated March 15, 1998, regarding Tillsonburg
recycling honour.
File: E7.1
(f) Council "Brainstorming Session" scheduled for Thursday, April 23, 1998, 10:00
a.m. to 3:00 p.m. The Administrator indicated the session would be held at the
Straffordville Firehall.
(g) Ontario Clean Water Agency correspondence dated March 9, 1998 regarding a
review of the government's role in operating and maintaining water and
wastewater facilities by the Office of Privatization.
File: E3.1
COUNCIL MINUTES 88 MARCH 19, 1998
5. INFORMATION ITEMS (continued)
(e) Notice requesting Council's attendance at a public meeting called by the
Concerned Citizens of South Bayham to take place at 9:30 a.m. on Saturday
March 28, 1998 at the Vienna Community Centre.
98-205 Moved by J. Nezezon
Seconded by K. Nesbitt
"WHEREAS members of the public are entitled to submit a request to the
Clerk of a Municipality to be present as a delegation at a regularly scheduled
meeting of Council to address matters relating to municipal business;
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham hereby respectfully declines the invitation received from
"Concerned Citizens of South Bayham" for members of Council to attend a
public meeting scheduled for March 28th to address matters regarding the
zoning by-law amendment application from Talisman Energy;
AND THAT Staff forward a copy of this resolution to the representative of
the"Concerned Citizens of South Bayham."
Disposition: Motion Carried Unanimously
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Information regarding advertising in the Port Burwell Provincial Park Tabloid
File: R8
98-206 Moved by K. Nesbitt
Seconded by J. Petrie
"THAT the information regarding advertising in the Port Burwell Provincial
Park Tabloid be received;
AND THAT Staff be directed to prepare a single and a double page
advertisement for Vienna and Port Burwell respectively,to be placed in the
Park Tabloid."
Disposition: Motion Carried Unanimously
(b) Ontario Heritage Foundation correspondence dated February 20, 1998 giving
notice of third annual Heritage Community Recognition Program nominations.
File: A1.1
98-207 Moved by K. Nesbitt
Seconded by J. Petrie
"THAT the Ontario Heritage Foundation correspondence dated February
20, 1998 be deferred."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES 89 MARCH 19, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. OTHER BUSINESS
No Items.
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
No Items.
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
Councillor Nezezon questioned whether there were any problems with any of the
roads. The Administrator rresponded that the gravel roads had been graded and
were in good shape prior to the recent return to winter conditions.
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
I. CORRESPONDENCE& REPORTS
(a) Emergency Measures Ontario 1998/99 Course Schedule
File: P.2
98-208 Moved by J. Petrie
Seconded by K. Nesbitt
"THAT the Emergency Measures Ontario 1998/99 Course Schedule be
received;
AND THAT staff and members of Council be authorized to attend as follows:
Maureen Beatty Exercise Design
Sam Taylor ) Emergency
Lynn Buchner )Preparedness
John Nezezon ) and Response."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 90 MARCH 19, 1998
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
1. CORRESPONDENCE& REPORTS
(b) Staff request to remove dying tree from Municipal Office Parking Lot in
Straffordville.
98-209 Moved by J. Nezezon
Seconded by K. Nesbitt
"THAT the Public Works/Road Department be directed to remove the tree
and repair the asphalt in the Municipal Office Parking Lot in Straffordville;
AND THAT Council hereby accepts the offer from Bill Underhill to plant a
tree on the north side of the Municipal Office building,free and clear from
any water lines or septic system works."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
No Items.
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register for the period ending March 20, 1998.
Cash Requirement Report to March 31, 1998.
File: F10.3
98-210 Moved by K. Nesbitt
Seconded by J. Nezezon
"THAT the Cheque Register for the period ending March 20, 1998,
and the Cash Requirements for the period ending March 31, 1998 be
approved."
Disposition: Motion Carried Unanimously
(b) Elgin Federation of Agriculture correspondence dated March 5, 1998 requesting
Council representation at annual Farm Forum to be held April 3m, 1998.
File: A1.1
98-211 Moved by K. Nesbitt
Seconded by J. Nezezon
"THAT the correspondence dated March 5, 1998,from the Elgin Federation
of Agriculture be received;
AND THAT Mayor Stewart be appointed to represent the Municipality at
the annual Farm Forum to be held April 3'1, 1998."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 91 MARCH 19, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(c) Royal Canadian Legion Branch 524 (Port Burwell)Raffle Lottery application
dated March 5, 1998.
Port Burwell Group Committee, Port Burwell, Break Open Ticket Lottery
application dated March 9, 1998.
Sunshine Club, Port Burwell Raffle Lottery application dated March 9, 1998.
File: P7.2.1.
98-212 Moved by K. Nesbitt
Seconded by J. Nezezon
"THAT the Lottery License applications, as submitted by the Royal
Canadian Legion Branch 524, the Port Burwell Group Committee, and
the Sunshine Club of Port Burwell be approved."
Disposition: Motion Carried Unanimously
(d) Information sheet regarding "The Need for Fence-Viewers", and Township of
Bayham StaffReport 96043.
File: C11.1 &P1.11
98-213 Moved by I. Nezezon
Seconded by K. Nesbitt
"THAT the information and Bayham Township Staff Report 96043
regarding Fence Viewers be received;
AND THAT Staff be directed to advertise for citizens interested in
appointment as a fence viewer;
AND THAT Staff be directed to prepare a By-law, defining restrictions,
guidelines and the composition and remuneration of the Committee,for
consideration by Council."
Disposition: Motion Carried Unanimously
(e) StaffReport 98026 regarding a Property Standards Committee.
File: P
98-214 Moved by K. Nesbitt
Seconded by J. Nezezon
"THAT Staff Report 98026 regarding a Property Standards Committee be
received;
AND THAT Staff be directed to advertise for citizens interested in
appointment to a Property Standards Committee;
AND THAT Staff be directed to prepare a By-law, defining restrictions,
guidelines and the composition and remuneration of the Committee,for
consideration by Council."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 92 MARCH 19, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(f) Staff Report 98027 regarding Summer Student Placement.
File: H11.1
98-215 Moved by J. Nezezon
Seconded by J. Petrie
"THAT Staff Report 98027 regarding Summer Student Placement be
received;
AND THAT the Council of the Municipality of Bayham hereby authorizes
Staff to complete and submit the required applications for Federal and,
pending approval,Provincial funding for summer students to be retained as
follows:
1 Planning Technician
5 Museum Attendees
2 Public Works/Road Department Labourers
1 Administrative Office Staff;
AND THAT Staff forward job descriptions to the various Colleges,
Universities and Government placement agencies to advertise the positions
listed herein;
AND FURTHER THAT Council shall be provided with financial
information as it becomes available prior to commitment to hire summer
students."
Disposition: Motion Carried Unanimously
(g) Correspondence dated March 17, 1998 from Sally Bradfield requesting financial
assistance for East Elgin Eagles Hockey Team.
File: R
98-216 Moved by J. Nezezon
Seconded by K, Nesbitt
"THAT the correspondence dated March 17, 1998 from Sally Bradfield,
requesting financial assistance for the East Elgin Eagles Hockey Team be
received;
AND THAT the Municipality of Bayham support the request in the amount
of$250."
Disposition: Motion Carried Unanimously
trTCIL MINUTES 93 MARCH 19, 1998
CC
• FINANCE, ADMINISTRAATION & PERSONNEL (continued)
2. UNFINISHED BUSINESS
(a) Royal Canadian Legion Membership information as requested in regard to:
Royal Canadian Legion Port Burwell/Bayham correspondence dated February 3,
1998 regarding exemption from taxation. Tabled from February 19, 1998
meeting.
Kent Murray, Ministry of Municipal Affairs&Housing, Municipal Advisor has
advised the Administrator that the new Draft Municipal Act does not take away
any privileges from the old Act,therefore it is at the discretion of Council if they
wish to make any properties exempt from taxes.
File: F22.1
98-217 Moved by K. Nesbitt
Seconded by J. Nezezon
"THAT upon further consideration by the Council of the Municipality of
Bayham,the request by the Royal Canadian Legion Branch 524 Port
Burwell/Bayham,located at#40 Wellington Street,Port Burwell,for
exemption from taxation be hereby denied;
AND THAT Branch 524 of the Royal Canadian Legion be considered as a
Municipal Grant recipient in the 1998 budget deliberations."
Disposition: Motion Carried Unanimously
3. OTHER BUSINESS
The Administrator announced that a meeting of the Community Association will
be held Wednesday,March 25, 1998, at 7:30 in the Straffordville Library
basement. Special guest, Valerie Clark from the Ministry of Agriculture, Food
and Rural Affairs will be in attendance to offer her assistance, and answer any
relevant questions. Everyone is welcome.
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS
(a) TCR Environmental Corp. correspondence dated March 13, 1998 providing a
proposal for solid waste management in Bayham
File: E7.3
98-218 Moved by K. Nesbitt
Seconded by J. Petrie
"THAT the TCR Environmental Corp. correspondence dated March 13,
1998 providing a proposal for solid waste management in Bayham be
received;
AND THAT the Council of the Municipality of Bayham hereby authorizes
Staff to prepare a draft solid waste management agreement with TCR
Environmental Corp. to be reviewed by the Municipality's solicitor prior
Council's consideration."
Disposition: Motion Defeated Unanimously
COUNCIL MINUTES 94 MARCH 19, 1998
10. ENVIRONMENT (continued)
1. CORRESPONDENCE 8 REPORTS
(a) 98-219 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the TCR Environmental Corp. proposal be tabled."
Disposition: Motion Carried Unanimously
(b) Staff Report 98024 regarding a Water Agreement for Otter's Edge Mobile Home
Park, owner Man Foster.
File: L13.2
98-220 Moved by J. Petrie
Seconded by K. Nesbitt
"THAT Staff Report 98024 regarding a Water Agreement for Otter's Edge
Mobile Home Park, be received;
AND THAT the Security Deposit of$1,000. held by the Municipality,be
returned to the owner Alan Foster."
Disposition: Motion Carried Unanimously
(c) StaffReport 98025 regarding Proposed Alarms at the Port Burwell Sewage
Treatment Plant.
File: E3.2
98-221 Moved by K. Nesbitt
Seconded by I Petrie
"THAT Staff Report 98025 regarding proposed alarms at the Port Burwell
WastewaterTreatment Plant be received;
AND THAT the Council of the Municipality of Bayham approves the supply
and installation of additional alarms as set out in the March 9, 1998 quote
submitted by the Ontario Clean Water Agency;
AND THAT the Wastewater Superintendent, Ed Roloson temporarily use
one of the Road Department beeper/pagers;
AND THAT an additional one be purchased, if required."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
No Items.
COUNCIL MINUTES 95 MARCH 19, 1998
MOTION TO EXTEND LENGTH OF MEETING
98-222 Moved by J. Petrie
Seconded by J. Nezezon
"THAT in accordance with Section 12 of Procedural By-law 98-02, Council
shall deal with business until 11:00 p.m. at its meeting of March 19, 1998."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
98-223 Moved by J. Nezezon
Seconded by J. Petrie
"THAT the Council do now rise to enter into an "In Camera" Session
of Committee of the Whole to discuss legal, and property matters."
Disposition: Motion Carried Unanimously
98-224 Moved by J. Petrie
Seconded by K. Nesbitt
"THAT the Committee of the Whole do now rise from the "In Camera"
Session without reporting."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE& REPORTS
(a) Correspondence from J. Bruce Gardner, Barrister& Solicitor, regarding a legal
matter.
File: LO
2. UNFINISHED BUSINESS
(a) Correspondence from Groom& Szoreny regarding a legal matter.
From February 5th 1998 meeting.
(b) Staff Report 98013 regarding a property matter.
From February 5th 1998 meeting.
3. OTHER BUSINESS
(a) Confidential correspondence from Scott Campbell of Gibson, Linton, Toth,
Campbell &Bennett, Barristers& Solicitors regarding a legal matter.
File: LO
COUNCIL MINUTES 96 MARCH 19, 1998
12. BY-LAWS
By-law 98 - 26 A By-law to amend the Personnel Policy By-law
98-225 Moved by K. Nesbitt
Seconded by J. Petrie
"THAT By-law 98-26 be read a first and second time."
Disposition: Motion Carried Unanimously
98-226 Moved by J. Petrie
Seconded by K. Nesbitt
"THAT By-law 98-26 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 98 - 27 A By-law to amend Appointments By-Law 98-08
By-law 98 - 28 A By-law to confirm all actions of Council
98-227 Moved by J. Nezezon
Seconded by J. Petrie
"THAT By-law 98-28 be read a first and second time."
Disposition: Motion Carried Unanimously
98-228 Moved by J. Petrie
Seconded by J. Nezezon
"THAT By-law 98-28 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
98-229 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the Council meeting be adjourned at 10:59 p.m."
Disposition: Motion Carried Unanimously
112- 4aahr
MAYOR J CL EPUTY TREASURER
V
Date approved: Orlytj 9 c