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HomeMy WebLinkAboutSeptember 03, 1998 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, September 3, 1998 7:00 p.m. 7:30 p.m. (Court of Revision) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, September 3, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councilors John Nezezon, David Mason and Cliff Evanitski, Administrator/Treasurer Lynn S. Buchner, and Clerk Lynda Millard. 1. CALL TO ORDER Mayor Max Stewart called the meeting to order at 7:05 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Regular Meeting held August 20, 1998 Minutes of the Public Meeting held August 26, 1998 98-656 Moved by J. Petrie Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held August 20, 1998 be approved." Disposition: Motion Carried Unanimously 98-657 Moved by C. Evanitski Seconded by J. Petrie "THAT the minutes of the public meeting of the Municipality of Bayham held August 26, 1998 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m.—Steve Valko and Jeff Kleinzieverink, Otter Ridge Dirt Riders Inc. were in attendance to present information on the local biking group. Item 6.1(a) (b) 7:45 p.m. -Andy Vryburg,was in attendance regarding a proposed severance. Item 6.1(d) COUNCIL MINUTES - 298 - SEPTEMBER 3, 1998 4. DELEGATIONS (continued) (c) 8:15 p.m.—Allen Spicer, was in attendance regarding the appointment of three members of Council to the Otter Valley Recreational Trail and Utility Corridor Joint Management Committee. Mr. Spicer advised Council that approximately 100 persons had participated in a walk of the Otter Valley Recreational Trail recently. He noted that although there are sensitive areas,there is dynamic future potential, which should be promoted. Mr. Spicer raised his concern that Councillor Mason had been excluded from representing the Municipality on the Otter Valley Recreational Trail and Utility Corridor Joint Management Committee. (d) Bob Bartlett, Road Superintendent,regarding Items 7.1(a) 7.2(a) & 7.2(b) (e) Dwayne Daniel,Chief Building Official,regarding Items 7.1(b), 7.2(a), 7.2(b), 7.4(a), 7.4(b), 7.4(c), 8.1(b) & 8.2(a). 5. INFORMATION ITEMS 98-658 Moved by J. Petrie Seconded by C. Evanitski "THAT Information Items 5(a) through 5(j) be received and filed." Disposition: Motion Carried Unanimously (a) Association of Municipalities of Ontario Alert dated August 26, 1998 regarding the Social Housing Committee Discussion Paper. File: A01 (b) Association of Municipalities of Ontario Alert dated August 26, 1998 regarding the Minister of Finance address to the Association of Municipalities of Ontario Conference. File: A01 (c) Association of Municipalities of Ontario Alert dated August 27, 1998 regarding extension of the Assessment Appeal deadline. File: A01 (d) Elaine MacDonald correspondence received August 24, 1998 regarding the proposed sewer system. File: E01 (e) Pat Cole correspondence received August 24, 1998 regarding the proposed sewer system in Vienna. File: E01 (f) Erie MacDonald correspondence received August 24, 1998 regarding the proposed sewer system in Vienna. File: E01 (g) Ministry of Natural Resources correspondence dated August 29, 1998,regarding a rabies vaccine bait drop. File: A16 (h) Community Policing minutes of the meeting held July 22, 1998. File: C06 (i) Ontario Good Roads Association Municipal Routes, July/August 1998 Newsletter. File: A01 COUNCIL MINUTES - 299 - SEPTEMBER 3, 1998 5. INFORMATION ITEMS (continued) (j) Association of Municipalities of Ontario For Your Information dated August 31, 1998 regarding 1998-1999 AMO Board of Directors. File: A01 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Otter Ridge Dirt Riders Inc. newsletter/information package. File: A01 Steve Valko gave a short presentation outlining the structure of the 37-member,non- profit biking club,noting that members were currently attempting to promote the group by participating in local events. Jeff Kleinzeverink, further informed Council that the group is willing to assist in solving problems associated with use of the abandoned rail lands and abutting land owners. It was suggested that wood chips could be used to help in the reduction of dust. Riders belonging to the Club are given photo identification cards and are required to have proper vehicle identification numbers. Club members also are currently stopping non-members using the lands in an unacceptable manner and advising them that use is a privilege, and encouraging them to get involved with maintenance and improvements. It was suggested that although illegal use and abuse is difficult to stop, education and co-operation of users and land owners would benefit everyone. The club meets twice monthly and interested persons are welcome to attend. 98-659 Moved by C. Evanitski Seconded by J. Nezezon "THAT the Otter Ridge Dirt Riders newsletter/information package be received for information." Disposition: Motion Carried Unanimously (b) Ontario Parks Association correspondence dated August 20, 1998 requesting proclamation of October 1 —7, 1998 as Community Parks Week. File: A01 98-660 Moved by J.Nezezon Seconded by C. Evanitski "THAT the Ontario Parks Association correspondence dated August 20, 1998 be received; AND THAT Council hereby proclaims the week of October 1 —7, 1998 as Community Parks Week—Celebrating Our Greenspaces in the Municipality of Bayham." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 300 - SEPTEMBER 3, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) I. CORRESPONDENCE&REPORTS (c) Staff Report 98090 regarding retention of a law firm to represent the Municipality in an upcoming Ontario Municipal Board Hearing. File: D8.1.20 98-661 Moved by J. Petrie Seconded by J. Nezezon "THAT Staff Report 98090 be received for information." Disposition: Motion Carried Unanimously 98-662 Moved by J.Petrie Seconded by C. Evanitski "WHEREAS the Council of the Municipality of Bayham is of the opinion that the concerns raised regarding the Sour Gas Plant proposal by Talisman Energy Inc. will be considered by the Ontario Municipal Board; THEREFORE Council directs that Staff discontinue pursuit of a consulting firm to address Environmental concerns until further notice." Disposition: Motion Carried Unanimously (d) Staff Report 98089 regarding Andy Vryburg,Proposed Severance of Part Lot 116 Concession North Talbot Road. File: D10 98-663 Moved by J. Petrie Seconded by D. Mason "THAT Staff Report 98089 be received; AND THAT Staff be directed to advise Andy Vryburg that the Council will consider support of an application for consent to the County of Elgin Land Division Committee presented as Submission#3 attached to Staff Report 98089." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Councillor Mason requested an update on the status of TODS signage for the Museums, and the Home Page Web site. The Administrator advised that she will check into the delay and report to Council at the next meeting. 3. OTHER BUSINESS No Items. COUNCIL MINUTES - 301 - SEPTEMBER 3, 1998 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Town of Tillsonburg correspondence dated August 20, 1998 regarding Reconstruction of Bayham Drive. File: T04 98-664 Moved by C. Evanitski Seconded by J. Petrie "THAT the Town of Tillsonburg correspondence dated August 20, 1998 and September 3, 1998 be received; AND THAT the Town of Tillsonburg be asked to consider alternative cost sharing arrangements for further construction costs on Bayham Drive as suggested at the joint meeting held between the two Councils on July 30, 1998." Disposition: Motion Carried Unanimously (b) Consideration of tenders for construction of Branch"A" of the Fearnley Drain. File: E09fear 98-665 Moved by J. Nezezon Seconded by D. Mason "THAT the tenders for construction of Branch "A" of the Fearnley Municipal Drain be received; AND WHEREAS in accordance with Section 59, Chap. D.17 of the Drainage Act, R.S.O. 1990 the contract price cannot exceed 133% of the Engineer's estimate of construction costs amounting to $7,807 without inviting further public comment; AND THAT the tender submitted by Van Gorp Farm Drainage for a total tender price of$ 6,075.46 be accepted." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Cyril J. Demeyere Limited Report No. 9607CP, dated July 23,1998, regarding proposed construction of the Centennial Park Municipal Drain in the Village of Port Burwell. Staff Report 98084 regarding the Centennial Park Drain. File: E09cent 98-666 Moved by J. Petrie Seconded by J.Nezezon "THAT the Council of the Municipality of Bayham opposes the adoption of the Cyril J. Demeyere Limited Report 9607CP, dated July 23, 1998 regarding the Centennial Park Municipal Drain in Port Burwell; AND THAT Council hereby directs the Road Superintendent to withdraw endorsement of the petition." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 302- SEPTEMBER 3, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE&REPORTS (b) Cyril J. Demeyere Limited Report No. 9607CS, dated July 23, 1998,regarding proposed construction of the Chatham Street Municipal Drain in the Village of Port Burwell. Staff Report 98083 regarding the Chatham Street Drain. File: E09chath 98-667 Moved by J. Nezezon Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham opposes the adoption of the Cyril J. Demeyere Limited Report 9607CS, dated July 23, 1998 regarding the Chatham Street Municipal Drain in Port Burwell; AND THAT Council hereby directs the Road Superintendent to withdraw endorsement of the petition." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items. 4. COURT OF REVISION 98-668 Moved by J.Nezezon Seconded by D. Mason "THAT the Council Meeting be adjourned in order to hold a Court of Revision pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously Oaths for Declarations of Office as members of the Drainage Court of Revision were subscribed. I. Applications: (a) Court of Revision regarding the assessment of properties in regard to Drainage Report No. 97098 prepared by Spriet Associates and referred to as Branch"A"of the Fearnley Drain. (b) Court of Revision regarding the assessment of properties in regard to Drainage Report No. 98134 prepared by Spriet Associates and referred to as the County Road 43 Drain Extension. (c) Court of Revision regarding the assessment of properties in regard to a drainage works and referred to as the White Drain. 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) Staff Report 98091 COUNCIL MINUTES - 303 - SEPTEMBER 3, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 4. COURT OF REVISION (continued) 4. Public Comments There were none. 5. Members Comments and Questions Members had no questions or comments. 6. Adjournment 98-669 Moved by D. Mason Seconded by J. Nezezon "THAT the Court of Revision be adjourned at 7:35 p.m.." Disposition: Motion Carried Unanimously 7. Disposition of Items 98-670 Moved by J.Nezezon Seconded by D. Mason "THAT in accordance with Section 58, Chap. D.17 of the Drainage Act,R.S.O. 1990 the appeal period which allows any owner of land assessed for drainage works to appeal that a road or land has been assessed too high or too low or that any land or road that should be assessed has not been assessed, or that due consideration has not been given as to type of use of land,may personally, or by agent, appeal to the Court of Revision by giving notice in writing to the Clerk of the Municipality has expired and either no appeals have been received or all appeals have been decided by the Court of Revision; AND THAT Provisional By-law 98-72, being a by-law to provide for drainage works in the Municipality of Bayham for the construction of Branch "A" to the Fearnley Drain be presented to Council for third reading and enactment; AND THAT Provisional By-law 98-73, being a by-law to provide for drainage works in the Municipality of Bayham for an Extension to County Road No. 43 Drain be presented to Council for third reading and enactment; AND THAT Provisional By-law 98-71,being a by-law to amend the assessment schedule to the Report for drainage works in the Municipality of Bayham referred to as the White Drain be presented to Council for third reading and enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 304 - SEPTEMBER 3, 1998 8. PROPERTY, BUILDING & PROTECTIVE SERVICES I. CORRESPONDENCE&REPORTS (a) Rick Bartolucci M.P.P. Sudbury, Critic for Northern Development&Mines correspondence dated August 14, 1998 requesting support regarding transport issues and public safety. File: A16 98-671 Moved by D. Mason Seconded by J. Nezezon "THAT Rick Bartloucci M.P.P. Sudbury, Critic for Northern Development& Mines correspondence dated August 14, 1998 be received; AND THAT the Council of the Municipality of Bayham hereby supports the request by Rick Bartolucci, M.P.P. Sudbury that the process for a public inquiry into the tractor-trailer accident on Highway 17,near Sudbury, on Wednesday,August 5, 1998 be initiated by the Minister of Transportation." Disposition: Motion Carried Unanimously (b) Building Permit Report for the month of August, 1998. File: P10 98-672 Moved by D. Evanitski Seconded by J. Petrie "THAT the Building Permit Report for the month of August, 1998, as amended,be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Quotations for roof repairs to the Port Burwell Marine Museum. File: A20 3. OTHER BUSINESS No Items. COUNCIL MINUTES -305 - SEPTEMBER 3, 1998 9. FINANCE,ADMINISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cash Requirement Report to September 15, 1998. File: F10.3 98-673 Moved by J. Petrie Seconded by J.Nezezon "THAT the Cash Requirements for the period ending September 15, 1998 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Town of Aylmer correspondence, dated April 14, 1998 regarding a financial contribution to the operation of the Aylmer Arena. File: F05.98 98-674 Moved by D. Mason Seconded by J. Petrie "THAT the Town of Aylmer correspondence dated April 14, 1998 be received; AND THAT Council consider financial support under 1998 donation requests, as approved in the 1998 Budget." Disposition: Motion Carried Unanimously (b) Staff Report 98086 regarding 1998 donation requests. File: F0598 98-675 Moved by J. Nezezon Seconded by J. Petrie "THAT the Council of the Municipality of Bayham hereby approves the following donation requests to be paid in accordance with the 1998 operating budget: Eastern Ontario Disaster Relief Committee $ 200 - Town of Richmond Hill-Ice Storm $ 200 - Township of Elizabethtown-Ice Storm $200 - Calton Hall Community Board $250 - Port Burwell Baseball Association $200 - Port Burwell Community Child Care $200 - Community Policing-for COP program $2,365 - Royal Canadian Legion $650 - Aylmer& East Elgin Agricultural Society-Aylmer Fair $100 - Township of Norwich Disaster Relief Fund- for tornado $400 - Tillsonburg District Association for Community Living $100 - Aylmer Arena $ 1,000 - Royal Canadian Legion—Wreaths for Cenotaphs $ 70 - Disposition: Motion Carried Unanimously COUNCIL MINUTES -306 - SEPTEMBER 3, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 3. OTHER BUSINESS No Items. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) The Municipality of Central Elgin correspondence dated August 20, 1998 regarding participation in a water supply and needs study. File: A16 98-676 Moved by D. Mason Seconded by C. Evanitski "THAT the Municipality of Central Elgin correspondence dated August 20, 1998 be received; AND THAT Council hereby declines the offer to participate in the Population and Land Supply Study being undertaken by the Municipality of Central Elgin due to recent water and sewage studies conducted by Cyril J. Demeyere Limited." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items. 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. COUNCIL MINUTES - 307 - SEPTEMBER 3, 1998 12. BY-LAWS By-law 98 -77 A Provisional By-law to Provide for Drainage Works (Chatham Street Port Burwell By-law 98 -78 A Provisional By-law to Provide for Drainage Works (Centennial Park Port Burwell By-law 98-71 A By-law to amend a Report for a Drainage Works (White Drain) -third reading By-law 98 -72 A By-law to Provide for Drainage Works (Fearnley Drain Branch "A") - third reading By-law 98 - 73 A By-law to Provide for Drainage Works (County Road 43 Drain Extension) -third reading 98-677 Moved by D. Mason Seconded by J. Petrie "THAT Provisional By-laws 98-72,and 98-73, and By-law 98-71 be read a third time and finally passed." Disposition: Motion Carried Unanimously By-law 98-83 Being a By-law to confirm all actions of Council 98-678 Moved by J. Petrie Seconded by D. Mason "THAT By-law 98-83 be read a first and second time." Disposition: Motion Carried Unanimously 98-679 Moved by J. Nezezon Seconded by J. Petrie "THAT By-law 98-83 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 98-680 Moved by J. Petrie Seconded by J. Nezezon "THAT the Council Meeting be adjourned at 9:50 p.m." Disposition: Motion Carried Unanimously MAYOR C ERK Date approved:. J4 17/9