HomeMy WebLinkAboutMay 07, 1998 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road North
STRAFFORDVILLE, ONTARIO
Thursday, May 7, 1998
7:00 p.m.
7:30 p.m. (Public Meeting)
At 6:45 p.m. a Tree Planting to Commemorate 50 Years
of Conservation in our Watershed by the
Long Point Region Conservation Authority took place.
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, May 7, 1998 in the Council Chambers. Present were Mayor Max Stewart,
Deputy Mayor Jack Petrie, Councillors John Nezezon, and David Mason,
Administrator/Treasurer Lynn S. Buchner, and Clerk/Deputy Treasurer Lynda Millard.
Councillor Ken Nesbitt was absent.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 7:00 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
Municipality of Bayham Minutes of the regular meeting held April 30, 1998.
Municipality of Bayham Minutes of the special meeting held April 29, 1998.
98-350 Moved by J. Petrie
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham
held April 30, 1998 be approved."
Disposition: Motion Carried Unanimously
98-351 Moved by D. Mason
Seconded by J. Petrie
"THAT the minutes of the special meeting of the Municipality of Bayham
held April 29, 1998 be approved."
Disposition: Motion Carried Unanimously
Councillor Mason questioned the need to enter into an"In Camera" Session
regarding the abandoned CPR right-of-way, at the meeting held April 30, 1998.
Mayor Stewart responded that Council would take his concern under
consideration.
Councillor Mason requested that Item 9.2(a), dealing with the resignation of the
Ward 3 Councillor, be brought forward at this time. The request was denied.
COUNCIL MINUTES 156 MAY 7, 1998
4. DELEGATIONS
(a) 7:15 p.m.—John M. Scott,C.A. Partner Graham Scott Eons, Chartered
Accountants,was in attendance to present the 1997 audited Financial Statements
and Financial Information Return for the former Village of Vienna.
Item 9.1(b)
File: F10.3
(b) 7:45 p.m. -Bill Hett, TCR Environmental Corn.,was in attendance to address
any questions regarding services offered by TCR, as set out in Staff Report
98045.
Item 10.1(a)
File: E7.3
(c) Dwayne Daniel. Chief Building Official, was in attendance to respond to any
questions Council had in regard to Item 8.1(a)
5. INFORMATION ITEMS
98-352 Moved by J. Nezezon
Seconded by J. Petrie
"THAT Information Items 5(a) through 5(0 be received and filed."
Disposition: Motion Carried Unanimously
(a) Long Point Region Conservation Authority minutes of meeting held April 1, 1998
File: A16.6
(b) Association of Municipalities of Ontario correspondence dated April 28, 1998
regarding delay in return of assessment rolls, and reports of Government's
approach for a surplus budget situation.
File: A1.2
(c) Municipal Update Newsletter, April 1998.
File: A16.1
(d) Association of Municipalities of Ontario correspondence dated April 29, 1998, as
addressed to Hon. Al Leach, Ministry of Municipal Affairs and Housing,
regarding the Association of Municipalities of Ontario Task Force Report on the
proposed New Municipal Act..
File: A1.2
(e) Association of Municipalities of Ontario correspondence dated April 29, 1998, as
addressed to Hon. Tony Clement, Ontario Referendum Project Leader, regarding
Association of Municipalities of Ontario comments on Government's Referendum
Proposals.
File: A1.2
(f) Association of Municipalities of Ontario Updates Spring 1998 Newsletter.
File: A1.2
COUNCIL MINUTES 157 MAY 7, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Bradcranex correspondence dated May 3, 1998 requesting a lease renewal, at a
reduced rate, for launching ramp and docks in Port Burwell.
File: R9
98-353 Moved by D. Mason
Seconded by J. Petrie
"WHEREAS in 1997,the former Village of Port Burwell had entered into a
licence agreement with Bradcranex to operate a marina on municipal owned
property for a term of five months which terminated on October 31, 1997;
AND WHEREAS the former Village subsequently passed an amending by-
law 97-22 to provide Bradcranex with the first option to renew the licence
agreement for an additional 2 years upon written request to Council;
AND WHEREAS correspondence dated May 3, 1998 received from
Bradcranex is requesting to exercise the option with a condition;
THEREFORE BE IT RESOLVED THAT since the correspondence is
requesting an amendment that the licence agreement be advertised for
competitive bids for the 1998 season."
Disposition: Motion Carried Unanimously
(b) Administrator Treasurer Staff Report 98042 regarding a 1998 Canada Day Events
budget.
File: R5.1
98-354 Moved by D. Mason
Seconded by J. Petrie
"THAT Council of the Municipality of Bayham requests the Special Events
Committee to submit a budget for consideration for the purpose of
advertising, promoting and carrying out events to celebrate Canada Day in
the Municipality of Bayham;
AND FURTHER THAT the Special Events Committee be encouraged to
consider and include the entire Municipality of Bayham in the planning of
events."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 158 MAY 7, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(c) Administrator Treasurer Staff Report 98044 regarding Soil Conditioning Site
Proposal. See also Item 6,2(a).
File: D01 &E7.3
98-355 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the Organic Resource Technologies Inc.
correspondence dated April 9, 1998 regarding Soil Conditioning Site
Proposal be received for information;
AND THAT Organic Resource Technologies Inc. be advised that
Council is satisfied that the proposed use is agriculturally related and is
prepared to permit the use on the proposed site conditional upon receiving a
Certificate of Approval from the Ministry of Environment;
AND THAT the placement of a storage tank shall comply with the minimum
distance separation requirements to the satisfaction of the Chief Building
Official."
Disposition: Motion Carried Unanimously
(d) Staff Report 98046 regarding Tourism-Oriented Directional Signing Program.
File: T7.1
98-356 Moved by J. Nezezon
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham is desirous of entering
into an Agreement with Canadian TODS Limited to provide, install and
maintain tourism-oriented directional signing within the jurisdictional
boundaries of the Municipality;
AND THAT the draft Agreement as prepared by Canadian TODS Limited is
hereby approved;
AND THAT By-law 98-40 being a by-law to authorize the Mayor and Clerk
to endorse the Agreement on behalf of the Municipality be presented to
Council for enactment;
AND THAT consideration be given during 1998 budget deliberations for the
Municipality to purchase TODS to be installed on Provincial Highway No. 3
identifying the Port Burwell Marine Museum,Lighthouse and the Edison
Museum in Vienna."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Brian VanOpstal, Organic Resource Technologies Inc. correspondence dated
April 9, 1998 regarding Soil Conditioning Site Proposal. Tabled April 16, 1998
Included in Resolution 98-355, Item 6.1(c) above.
File: D0.1 & E7.3
COUNCIL MINUTES 159 MAY 7, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. OTHER BUSINESS
(a) The Administrator informed Council that correspondence had been received from
the St. Luke's Anglican Church in Vienna, requesting permission to use the
Vienna Memorial Park for a Yard Sale and Barbecue.
98-357 Moved by J. Nezezon
Seconded by D. Mason
"THAT the St. Luke's Anglican Church correspondence dated May 4, 1998
be received;
AND THAT the request for permission to use the Vienna Memorial Park for
a Barbecue and Yard Sale on June 27, 1998 be granted subject to receiving
proof of general liability insurance coverage for the Church."
Disposition: Motion Carried Unanimously
(b) 98-358 Moved by D. Mason
Seconded by J. Petrie
"Council direct that Staff prepare a list of Consultants available to conduct a
study in regard to the Talisman sour gas plant development proposal, to be
presented to Council for selection."
Disposition: Motion Carried Unanimously
(c) The Administrator referred to Resolutions previously passed regarding the
number of flags to be placed in various areas of the Municipality, as it is
necessary that a bucket truck be hired to install them, except for the one at the
Cenotaph in Vienna. After some discussion, it was agreed that no additional flags
or banners would be installed.
4. PUBLIC MEETING
98-359 Moved by J. Nezezon
Seconded by D. Mason
"THAT the Council Meeting be adjourned for the purpose of holding a
Public Meeting pursuant to the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
1. Application:
(a) Application by Gail Engelhardt to change zoning on a parcel of land comprising
approximately .5 hectares(1.2 acres) situated on the east side of Woodworth
Road, in Part Lot 6, Concession 3, from the Agricultural (A1)Zone to a Special
Rural Residential (RR-27)Zone.
2. Declaration of Pecuniary Interest and the General Nature Thereof
There was no disclosure of pecuniary interest or the general nature thereof.
COUNCIL MINUTES 160 MAY 7, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
4. PUBLIC MEETING
3. Staff Presentation
The Administrator explained the purpose of the application. There had been no
objections received. The Long Point Region Conservation Authority has raised
no concerns. The Elgin- St Thomas Health Unit has placed conditions that a
percolation test be conducted, and a contingency area be maintained.
The Administrator also informed the public regarding the process to be followed
if Council approves the Application.
4. Public Comments
Mrs. Engelhardt explained her reason for the application and thanked Council for
their anticipated consideration in her favour.
S. Council Comments and Questions
Council had no questions.
6. Adjournment
98-360 Moved by D. Mason
Seconded by J. Nezezon
"THAT the public meeting be adjourned at 7:40 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
98-361 Moved by J. Nezezon
Seconded by D. Mason
"THAT the application by Gail Engelhardt to change the zoning on a parcel
of land comprising approximately 1.2 acres situated on the east side of
Woodworth Road, north of Vienna Line, in Part Lot 6, Concession 3 in the
Municipality of Bayham from the Agricultural (Al)Zone to a Special Rural
Residential(RR-27)Zone to facilitate the creation of one new non-farm
residential lot with an existing dwelling for retirement purposes through the
process of severance and conveyance be approved;
AND THAT Zoning By-law Z-391-98 be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
No Items.
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES 161 MAY 7, 1998
7. ROADS, AGRICULTURE & DRAINAGE (continued)
3. OTHER BUSINESS
The Drainage Superintendent, Dwayne Daniel, advised that the Municipal Drain
construction in Eden is schedule to begin in late June, and that a request has been
received to extend the Sproul Drain.
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
CORRESPONDENCE& REPORTS
(a) List of Building Permits issued for the month of April, 1998. The Administrator
advised Council that there was a typing error in the estimated value of Item# 1.
The Chief Building Official, Dwayne Daniel, responded to Council's query that
demolition permits are required in hamlet areas, but not for agricultural buildings.
File: P8.1
98-362 Moved by D. Mason
Seconded by J. Nezezon
"THAT the list of Building Permits issued for the month of April 1998, as
amended, be received for information."
Disposition: Motion Carried Unanimously
(b) Administrator Treasurer Staff Report 98043 regarding Licence of Occupation
Agreement between the Municipality of Bayham, the Norfolk Co-operative
Company Limited and the St. Thomas Fire Department.
File: L4.18
98-363 Moved by D. Mason
Seconded by J. Nezezon
"THAT Council of the Municipality of Bayham is desirous of entering into
an agreement with the Norfolk Co-operative Company Limited to allow the
St. Thomas Fire Department to provide, install and maintain a mobile radio
repeater tower on property owned by Norfolk Co-operative Company
Limited described as Part Lots 16 and 17,Concession South Gore, in the
Municipality of Bayham,to allow the St. Thomas Fire Department to provide
emergency dispatching services to the Municipality;
AND THAT By-law 98-38, authorizing the Mayor to execute the Agreement
on behalf of the Municipality, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES 162 MAY 7, 1998
S. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
3. OTHER BUSINESS
(a) The Administrator advised that correspondence had been received regarding theft
of a local farmer's asparagus, which had been recently sprayed with a potentially
deadly pesticide. Access to the farm property had apparently been by the
abandoned railway lands. The owner had also attended at the office earlier in the
week to voice his concerns.
98-364 Moved by J. Nezezon
Seconded by D. Mason
"THAT correspondence dated May 6, 1998 from John Froese regarding
concerns of the use of the abandoned rail lands and resulting liability be
received;
AND THAT Staff be directed to reply in writing, recommending the writer
obtain professional advice from his insurance agent and/or lawyer;
AND THAT this information be passed on to the Town of Tillsonburg."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cash Requirement Report to May 20, 1998.
File: F10.3
98-365 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the Cash Requirements for the period ending May 20, 1998 be
approved."
Disposition: Motion Carried Unanimously
(b) The Village of Vienna audited Financial Statements and F]R's for the year ended
December 31, 1997, as prepared by Graham Scott Enns, Chartered Accountants,
and attached Management Letter dated April 15, 1998.
File: F10.3
John Scott, C.A..Partner, Graham Scott Enns, presented the audited Financial
Statements for the former Village of Vienna, proceeding through the Report letter,
the Consolidated Balance Sheet and Statement of Operations, noting that the
former Village of Vienna ended the 1997 year with a balance of$10,657. to be
brought forward to reduce 1998 taxation requirements of the new Municipality of
Bayham, as well as $545. for Edison Museum purposes.
Mayor Stewart invited former Vienna Reeve, Gundy Goutouski who, along with
former Councillors C.Valerie Donnell and Keith Underhill were present, to say a
few words.
COUNCIL MINUTES 163 MAY 7, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(b) In a very brief address, Mrs. Goutouski stated that the former Council of the
Village of Vienna, along with the Clerk-treasurer, made a very conscientious
effort to see that their actions during 1997 would not create cause for fixture
concern, nor have any damaging financial effect on ratepayers, not only in
Vienna, but in the whole of the new Municipality.
98-366 Moved by J. Nezezon
Seconded by J. Petrie
"THAT the Village of Vienna audited Financial Statements and Financial
Information Return for the year ended December 31, 1997, as prepared by
Graham Scott Enns, Chartered Accountants, and the attached Management
Letter dated April 15, 1998, be approved as submitted."
Disposition: Motion Carried Unanimously
(c) The Port Burwell Seniors Programme Raffle Lottery Application, dated May 4,
1998.
File: P7.2.1
98-367 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the Raffle Lottery License application, dated May 4, 1998,
submitted by the Port Burwell Seniors Programme be approved."
Disposition: Motion Carried Unanimously
(d) Eastern Ontario Disaster Relief Committee correspondence dated April 23,1998
regarding request for financial aid during the May 4 9 Provincial Ice Storm
Disaster Week.
File: A16.1
98-368 Moved by D. Mason
Seconded by J. Petrie
"THAT the Eastern Ontario Disaster Relief Committee correspondence
dated April 23, 1998 be received;
AND THAT consideration be given during the 1998 Budget deliberations."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 164 MAY 7, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
I. CORRESPONDENCE& REPORTS
(e) Harbour Lights correspondence dated May 2, 1998 regarding several items of
concern.
File: MO
98-369 Moved by D. Mason
Seconded by J. Petrie
"THAT the Harbour Lights correspondence dated May 2, 1998 be received
and filed."
Disposition: Motion Carried Unanimously
(f) Wilms & Shier, Barristers & Solicitors, correspondence dated May 1, 1998,
proposing a Municipal Seminar.
File: A04
98-370 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the Willms & Shier, Banisters & Solicitors, correspondence dated
May 1, 1998,be received;
AND THAT Staff be directed to schedule a Seminar for May 11, 1998."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Letter of Resignation submitted by Ward 3 Councilor, Ken Nesbitt and Staff
Report 98041 regarding options and procedure to be followed to fill vacancy.
Tabled at Meeting held April 30, 1998.
File: C12.1
98-371 Moved by J. Petrie
Seconded by J. Nezezon
"WHEREAS pursuant to Section 38 of the Municipal Act, RS.O.,Chapter
M.45 as amended, on Monday,April 20, 1998, Councillor Ken Nesbitt
served upon the Municipality of Bayham, a letter of resignation as Ward 3
Councillor of the Municipality, effective immediately;
AND WHEREAS Section 43 of the said Municipal Act states that where a
seat of a member of Council becomes vacant, the Council shall forthwith
declare the seat to be vacant;
NOW THEREFORE BE IT RESOLVED THAT effective April 20, 1998,the
resignation of Councillor Ken Nesbitt from holding office as Ward 3
Councillor of the Municipality of Bayham be accepted with deepest regrets;
AND THAT the Council of the Corporation of the Municipality of Bayham
hereby declares the Office of Ward 3 Councillor, to be vacant;
AND FURTHER THAT a Notice of Nomination By-law be presented to
Council for enactment at their regular meeting to be held Thursday, May 21,
1998."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 165 MAY 7, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
3. OTHER BUSINESS
(a) The Administrator informed Council that the deadline for student applications for
positions at the Museums is May 8, 1998 and Museums Committee members will
need to be appointed to conduct the interviews. She also advised that the office of
Gar Knutson, M.P., had been contacted regarding additional Federal funding for
summer job placement, and that we were being placed at the top of the list if
surplus funds become available.
98-372 Moved by D. Mason
Seconded by J. Petrie
"THAT the Council of the Municipality of Bayham hereby authorizes a
temporary interview committee to be struck for the purpose of hiring four
(4) museum attendants through funding programs as approved by the
Federal and Provincial Governments for the 1998 tourism season;
AND THAT the Museum Interview Committee consist of three(3) members,
one (1)from the Port Burwell Marine Museum Committee, one(1) from the
Edison Museum Committee and one(1) Staff member."
Disposition: Motion Carried Unanimously
(b) The Administrator informed Council that a Thank You letter had been received in
appreciation of the donation made to assist the East Elgin Eagles Hockey Team.
File: RO
10. ENVIRONMENT
CORRESPONDENCE& REPORTS
(a) Staff Report 98045 regarding waste management services.
File: E7.3
Bill Hett, TCR Environmental Corn., answered various questions concerning
the options given for waste management services offered by his company. Items
discussed included pickup of white goods, branches and yard waste, hazardous
items, and financial assistance for education costs to adjust from the blue box to a
wet/dry bag separation system.
98-373 Moved by J. Petrie
Seconded by D. Mason
"THAT Staff Report 98045 be tabled to the May 21, 1998 Council meeting."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES 166 MAY 7, 1998
10. ENVIRONMENT (continued)
3. OTHER BUSINESS
The Administrator advised that an impeller for a sewage pump at one of the
pumping stations in Port Burwell had broken. Given the immediate need for a
decision, it was determined by the Administrator and the Wastewater Treatment
Plant Superintendent that the price of$4,136. for a new pump replacement, with a
one-year guarantee, was justified rather than repairing the old pump at
approximately $2,300. Under the Agreement with the Ontario Clean Water
Agency, the first $5,000. of capital costs are paid by them.
11. COMMITTEE OF THE WHOLE
98-374 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, personnel and property matters."
Disposition: Motion Carried Unanimously
98-375 Moved by J. Petrie
Seconded by D. Mason
"THAT the Committee of the Whole do now rise from the "In Camera"
Session and report."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE& REPORTS
(a) Charles Humphrey, Stringer, Brisbin, Humphrey correspondence dated May,
1998, regarding a personnel matter.
File: LO
98-376 Moved by J. Nezezon
Seconded by D. Mason
"THAT Charles E. Humphrey, Stringer, Brisbin, Humphrey, be authorized
to negotiate a settlement, as discussed in the confidential correspondence
dated May 6, 1998."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
No Items.
COUNCIL MINUTES 167 MAY 7, 1998
MOTION TO EXTEND LENGTH OF MEETING
98-377 Moved by J. Nezezon
Seconded by J. Petrie
"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 May 7, 1998."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law 98 —38 A By-law to authorize the Mayor to sign an agreement
between the St. Thomas Fire Department,the Norfolk Co-
operative Company Ltd., and the Municipality.
By-law 2391-98 A By-law to rezone Part Lot 6, Concession 3 from the
Agricultural(Al) to a Special Rural Residential(RR-27)
Zone.
By-law 98 —40 A By-law to authorize the Mayor and Clerk to sign an
agreement regarding the Tourism Oriented Directional
Signing Program.
98-378 Moved by D. Mason
Seconded by J. Nezezon
"THAT By-law 98-38, 98-40 and Z391-98 be read a first and second time."
Disposition: Motion Carried Unanimously
98-379 Moved by J. Petrie
Seconded by D. Mason
"THAT By-law 98-38, 98-40 and Z391-98 be read a third time and finally
passed."
Disposition: Motion Carried Unanimously
By-law 98—39 A By-law to confirm all actions of Council
98-380 Moved by D. Mason
Seconded by J. Petrie
"THAT By-law 98-39 be read a first and second time."
Disposition: Motion Carried Unanimously
98-381 Moved by J. Petrie
Seconded by D. Mason
"THAT By-law 98-39 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 168 MAY 7, 1998
13. ADJOURNMENT
98-382 Moved by J. Petrie
Seconded by D. Mason
"THAT the Council Meeting be adjourned at 10:50 p.m."
Disposition: Motion Carried Unanimously
')`'' Y MAYOR CLERK
Date approved: t