HomeMy WebLinkAboutMay 18, 2000 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,May 18,2000
7:00 p.m.
Public Meeting (7:30 p.m.)
The regular meeting of Council of the Municipality of Bayham,was held at 7:00 p.m. on
Thursday, May 18, 2000 in Council Chambers. Present were Deputy Mayor John Nezezon,
Councillors David Mason, Mathew Schafer and Cliff Evanitski,Administrator Kyle Kruger and
Clerk Lynda Millard. Mayor Stewart was absent. Co-ordinator of Planning Services Maureen
Beatty, Chief Building Official Dwayne Daniel and Fire Chief Sam Taylor were in attendance to
present their reports.
1. CALL TO OItDER
Deputy Mayor Nezezon called the meeting to order at 7:00 p.m.
ADDITION OF ITEMS
Items 6.1(fl, 7.1(d), 7.1(e) and 9.1(e) were added to the agenda.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
Councillor Evanitski disclosed pecuniary interest in regard to added item 7.1 (d) as his
father is a property owner affected by the Bartley Drain and Smith Branch drain repairs.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held May 4,2000
2000-256 Moved by M. Schafer
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held May
4,2000 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Bob Habkirk,Mayor and Wendell Graves,CAO,Town of Aylmer gave
a brief presentation requesting the Municipality of Bayham to provide financial support
toward Recreation User Fees in Aylmer.
(b) 7:15 p.m.—Jody Hesch, made a presentation regarding the proposed use of the Bayham
Community Health Services building for massage therapy.
Item 8.1(a)
(c) 8:00 p.m. - Patricia Dickinson, to request Council to support the beach food booth
agreement in place. See Staff Report D2000-27.
Item 6.1(a)
COUNCIL MINUTES - 98 May 18, 2000
4. DELEGATIONS (continued)
(d) 8:15 n.m. -Jack Vince & Doreen Boud,were present to further request Council to
consider an additional food booth at the Port Burwell beach. See Staff Report D2000-27.
Item 6.1(a)
5. INFORMATION ITEMS
2000-257 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Information Items 5(a)through 5(h), except 5(b) be received for
information."
Disposition: Motion Carried Unanimously
2000-258 Moved by D. Mason
Seconded by C. Evanitski
"WHEREAS 1990 to 1999 was the warmest decade of the millennium;
WHEREAS a global reduction in emissions of greenhouse gases (GHG) is necessary
to slow climate change and reduce the risks to human health, the physical
environment, economy and quality of life;
WHEREAS the 1998 ice storm cost the City of Montreal $116 million; Baie Comeau
more than $2.5 million, and the Regional Municipality of Ottawa-Carleton $6.32
million,while the Red River flood cost Winnipeg$32. 3 million;
WHEREAS these weather-related expenses are creating an additional financial
burden for municipalities at a time when responsibilities are increasing as a result of
devolution;
WHEREAS reducing greenhouse gases makes good economic sense, new and
improved infrastructure, energy efficiency, building retrofits, water conservation,
more effective wastewater treatment and distribution, renewable energy
technologies,waste reduction, better fleet management, etc., reduce municipal
operating costs and help maintain community services,while having a positive
impact on the environment;
WHEREAS industrialized countries, realizing initial commitments were inadequate
to protect the Earth's climate system, agreed in December 1997 to the Kyoto
Protocol which, if ratified, commits Canada to reducing its greenhouse gas
emissions six per cent below 1990 levels between 2008—2012;
WHEREAS in November, national governments will meet in The Hague,
Netherlands to negotiate terms and conditions for ratifying the Kyoto Protocol, it is
critical that Canada has the support it needs to conclude negotiations;
WHEREAS mayors and municipal leaders responsible for the well being of
communities across Canada urge federal and provincial/territorial governments to
make climate protection a priority;
BE IT RESOLVED THAT the Municipality of Bayham endorse this MUNICIPAL
LEADERS' RESOLUTION ON CLIMATE CHANGE."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 99 - May 18, 2000
5. INFORMATION ITEMS (continued)
(a) Association of Municipalities of Ontario correspondence dated May I,2000 regarding
"Municipal Response to Drainage Program Review" and"Does your Municipality Have
An Electric Utility".
File: A01
(b) Federation of Canadian Municipalities correspondence dated May 2, 2000 regarding
"Municipal Leaders' Statement on Climate Change".
File: A01
(c) Minutes of the Bayham Community Centres Committee meeting held April 27,2000.
File: C06
(d) Minutes of the Bayham 150/2000 Committee meeting held April 10, 2000.
File: C06
(e) Ontario Fur Managers Federation correspondence dated May 2, 2000, regarding trapping
and problem animal control.
File: A01
(f) Elgin Community Development Corporation"NEWSBEAT" Spring 2000 edition.
File: A01
(g) Middlesex-Elgin-Oxford Community Leaders' Letter,April—2000 edition.
File: M07
(h) Correspondence dated May 8, 2000 from Sharon Reiser in appreciation of her nomination
for the Volunteer of the Year Award.
File: M04
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Staff Report D2000-27 regarding Municipal Beach—Food Concession.
File: L04
2000-259 Moved by D. Mason
Seconded by C. Evanitski
"THAT the proposal submitted by Jack Vince and Doreen Bond for the operation of
a mobile food concession in Port Burwell in the vicinity of the Municipal Beach and
harbour area be received;
AND THAT they be advised that a contract exists for the operation of a concession
for the 2000 season and that should a second concession be contemplated for the
2001 season, they may submit a proposal at the appropriate time."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 100 - May 18,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(b) Staff Report D2000-23 regarding Agreement with Paul &Mary DeCloet re: Consent
Application E53/99 Part Lot 22, Concession 9, Eden Line.
File: D10 & L04
2000-260 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Agreement between the Municipality of Bayham and Paul and Mary
DeCloet in order to satisfy a condition of the Elgin County Land Division
Committee Decision dated June 23, 1999 for Application E-53/99 prepared by Cline,
Backus,Nightingale,McArthur,Barristers, Solicitors,Notaries Public appended to
Staff Report D2000-23 and having reference to part Lot 22, Concession 9 be
approved:
AND THAT By-law No. 2000-49 authorizing the execution of the said Agreement be
presented to Council for enactment;
AND THAT Cline,Backus,Nightingale,McArthur,Barrister and Solicitors be
authorized to register By-law No. 2000-49 and the said Agreement in the Land
Registry Office for the Registry Division of Elgin No. 11."
Disposition: Motion Carried Unanimously
(c) Staff Report D2000-24 regarding Site Plan Agreement between the Municipality and
Marc Serge and Jacqueline Becky Vezina and Gretchen Bolt re: Part Lot 21, Plan 205.
File: D10 & L04
2000-261 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Agreement between the Municipality of Bayham and Marc Serge
Vezina,Jacqueleen Becky Vezina and Gretchen Shannon Bolt in order to satisfy a
condition of the Elgin County Land Division Committee Decision dated October 6,
1999 for Application E-70/99 prepared by Scott Campbell, Gibson,Linton,Toth,
Campbell and Bennett,Barristers & Solicitors appended to Staff Report D2000-24
and having reference to Part Lot 21,Plan 205, be approved;
AND THAT By-law No. 2000-50 authorizing the execution of the said Agreement be
presented to Council for enactment;
AND THAT Gibson,Linton,Toth, Campbell& Bennett, Barristers and Solicitors
be authorized to register By-law No.2000-50 and the said Site Plan Agreement in
the Land Registry Office for the Registry Division of Elgin No. 11."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 101 - May 18,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE& REPORTS
(d) Staff Report D2000-25 regarding Lease Agreement Between the Municipality and
Talisman Energy Inc., Plan 12, Part 1, 11R-99,E!S Chatham Street, Port Burwell.
File: L04
2000-262 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Elexco Ltd. correspondence dated May 5,2000 on behalf of Talisman
Energy Inc. requesting permission to lease lands on the west side of the harbour for
the purpose of laying out and pulling pipe for the period from May 20th to August,
2000 be approved, subject to confirmation in writing that Elexco Ltd. will not
request the Ministry of Natural Resources close access to their parking lot and the
boardwalk area;
AND THAT By-law No. 2000-51, being a by-law authorizing the Mayor and Clerk
to execute the said Lease Agreement with Talisman Energy Inc., be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(e) Correspondence dated May 11,2000 from Diana Norris, Straffordville Community
Committee requesting a fee waiver for use of the Straffordville Community Centre for
Watermelon Fest activities.
File: C13
2000-263 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated May 11, 2000 from Diana Norris, Straffordville
Community Committee be received;
AND THAT the request for a fee waiver for use of the Bayham Community Centre
in Straffordville on August 266,2000 for Watermelon Fest activities be hereby
approved;
AND THAT a charge of$80 to cover the cost for a full clean be paid."
Disposition: Motion Carried Unanimously
(f) Staff Report D2000-19 regarding Fisheries & Oceans Response—Financial Assessment
&Management Study. Deferred to June 1, 2000
COUNCIL MINUTES - 102 - May 18,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
(a) Correspondence dated March 25,2000 from the Ontario Heritage Foundation requesting
participation in heritage recognition programs. From April 6th
File: A01
2000-264 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated March 25,2000 from the Ontario Heritage
Foundation be received;
AND THAT the Council of the Municipality of Bayham nominates the following
persons for Awards as follows:
Heritage Community Recognition Program - Gloria Stephenson
Disposition: Motion Carried Unanimously
3. PUBLIC MEETING
2000-265 Moved by D. Mason
Seconded by M. Schafer
"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. Application:
(a) Staff Report D2000-21 regarding Rezoning Application by Estate of Ruby Millard
(Agent: Marc Vezina).
File: D14
(b) Staff Report D2000-22 regarding Rezoning Application by James and Brenda Foris
(Temporary Use)
File: D14
3. 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 D2000-21
(b) Staff Report D2000-22
4. Public Comments
(a) There were no public comments.
(b) There were no public comments.
5. Council Comments and Questions
(a) No concerns or questions.
(b) No concerns or questions.
COUNCIL MINUTES - 103 - May 18,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING(continued)
6. Adjournment
2000-265 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the Public Meeting be adjourned at 7:42 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Items
(a) 2000-267 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the application submitted by Marc Vezina,Agent for the Estate of Ruby
Millard to rezone a parcel of land on the east side of Plank Road (County Road No.
19), north of Fifth Street in Straffordville from the Hamlet Residential (1114) Zone to
the Hamlet Commercial (HC) Zone be approved;
AND THAT By-law No. Z417-2000 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) 2000-268 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the application submitted by James and Brenda Foris to rezone property
described as Part Lots 23 and 24, Concession 5,57056 Jackson Line to permit the
temporary installation of a mobile home for seasonal farm help for a period of three
years be approved;
AND THAT By-law No. Z418-2000 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
(a) Staff Report D2000-20 regarding Road Allowance Closure and Conveyance—Policy and
Procedure. Deferred to June 1, 2000
File: A09
2000-269 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report D2000-20 be deferred."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 104 - May 18,2000
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(b) Staff Report C2000-06 regarding Sesquicentennial Parade Route.
File: A01/150
2000-270 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Staff Report C2000-06 regarding the Sesquicentennial Parade Route be
received;
AND THAT the proposed Parade Route be approved;
AND THAT the Council of the Municipality of Bayham hereby requests permission
from the County of Elgin to use Plank Road from Third Street, south to Heritage
Line, and Heritage Line west to Sandytown Road, and Plank Road north from
Sandytown Road to the Straffordville Public School property on Saturday July 22,
2000 between 11:00 a.m. and 1:30 p.m.for Historical Parade purposes in
Straffordville."
Disposition: Motion Carried Unanimously
(c) Correspondence dated May 11, 2000 from Rick Nevill regarding the cost of ditching
along the former railway property in Lot 14, Concession 2. (See also Item 7.2(a)
File: 001-10000
2000-271 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence dated May 11,2000 from Rick Nevill regarding the cost
of ditching along the former railway property in Lot 14,Concession 2 be received
for information."
Disposition: Motion Carried Unanimously
(d) Summary of tenders received for the Bartley Drain and Smith Branch drainage works.
File: E09
2000-272 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report E2000-05 listing the tenders for the Bartley Drain and Smith
Branch be received;
THAT the Council of the Municipality of Bayham accept the tender for provision of
drainage works of the Bartley Drain and Smith Branch submitted by A.G. Hayter
Contracting Ltd. in the amount of$ 28,884.65;
AND THAT a By-law authorizing the execution of contract documents be prepared
for Council's consideration."
Disposition: Motion Carried
COUNCIL MINUTES - 105 - May 18, 2000
7. ROADS, AGRICULTURE & DRAINAGE (continued)
I. CORRESPONDENCE&REPORTS
(e) Correspondence received May 18, 2000 from Port Burwell Historical Society regarding
kilometer signage at the East Beach.
File
2000-273 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence received May 18,2000 from Ron Bradfield,Chair, Port
Burwell Historical Society be received;
AND THAT the Council of the Municipality of Bayham supports the request for
permission to install signage as outlined in the correspondence."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report E2000-03 regarding Ditch Bottom Clean-out along former railway in Lot 14,
Concession 2. From May 4th
File: 001-10000
2000-274 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report E2000-03 regarding ditch bottom clean out along the railway
property adjacent to property owned by Rick Nevill, in Concession 2,Lot 14 be
received;
AND THAT Council direct the Drainage Superintendent to obtain the services of
Therrien Excavating to complete the ditch bottom clean out on the north side of the
former railway, located adjacent to the property identified as roll#34-01-000-001-
1000, owned by Rick Nevill as soon as possible;
AND THAT the Town of Tillsonburg, as co-owners of the subject property, be
contacted to determine their willingness to share 50% of the costs of these works."
Disposition: Motion Defeated
COUNCIL MINUTES - 106 - May 18,2000
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Correspondence from Jody Hesch regarding a proposed use at the Medical Building in
Straffordville.
File: C13
2000-275 Moved by D. Mason
Seconded by M. Schafer
"THAT correspondence from Jody Hesch regarding a proposed use at the Medical
Building in StraffordviIle be received;
AND THAT the Council of the Municipality of Bayham supports the proposed use,
subject to discussion with the Bayham Community Health Action Committee and
current users;
AND THAT the matter be referred to Staff for review and preparation of a draft
agreement for Council's consideration."
Disposition: Motion Carried Unanimously
(b) Staff Report P2000-08 regarding Medical Responses.
File: P16
2000-276 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report P2000-08 regarding Bayham Fire Department
medical responses be received;
AND THAT Council approves the recommended level of service for
medical responses by the Bayham Fire Department to include the
following medical type calls: Motor Vehicle Collisions,Vital Signs
Absent,20 Minute Delays of Emergency Medical Services(E.M.S.)and
Request of E.M.S.;
AND THAT Council direct staff to monitor the medical response situation and
report back to Council in December with the results of the change in the level of
service for the remainder of the year 2000."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register,being Cheque#667 to Cheque#711 inclusive,totaling $ 92,126.62,
Accounts Payable for the period ending May 20th, and Payroll Disbursements for the
period ending May 3, 2000 totaling $ 29,892.39.
2000-277 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the Cheque Register, being Cheque#667 to Cheque# 711 inclusive, and
totaling$ 92,126.62,Accounts Payable for the period ending May 20th, and Payroll
Disbursements for the period ending May 3,2000 totaling$ 29,892.39 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 107 - May 18,2000
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
I. CORRESPONDENCE& REPORTS
(b) Staff Report F2000-14 regarding Financial Reporting for the period ending April 3 2000.
File: F10
2000-278 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Staff Report F2000-14 regarding Financial Reporting for the period ending
April 30,2000 be received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated May 16, 2000 from Sharon Reiser requesting permission to hold a
dedication for the Cenotaph on July 1St and for a donation toward beautification efforts by
the Horticultural Society in Port Burwell.
File: C13
2000-279 Moved by M. Schafer
Seconded by D. Mason
"THAT correspondence dated May 16,2000 from Sharon Reiser, be received;
AND THAT the Council of the Municipality of Bayham approves the request on
behalf of the Cenotaph Committee to hold a dedication ceremony on July 1,2000;
AND THAT Council supports a donation to the Horticultural Society in the amount
of$ 50.00 towards their beautification efforts in Port Burwell."
Disposition: Motion Carried Unanimously
(d) Staff Report H2000-04 regarding Museum Students.
File: H11
2000-280 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report 112000-04 regarding Museum students be received for
information."
Disposition: Motion Carried Unanimously
(e) Permanent easement agreement between the Municipality of Bayham and Christine
Michele Szorenyi for purpose of municipal sanitary sewer line.
File E09
2000-281 Moved by D. Mason
Seconded by M. Schafer
"THAT the permanent easement Agreement between the Municipality of Bayham
and Christine Michele Szorenyi for the purpose of a municipal sanitary sewer line
be approved;
AND THAT By-law 2000-54, being a by-law to authorize the execution of the said
agreement be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 108 - May 18,2000
MOTION TO EXTEND LENGTH OF MEETING
2000-282 Moved by C. Evanitski
Seconded by M. Schafer
"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 18,2000."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
No Items
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE& REPORTS
No Items
12. BY-LAWS
By-law Z417-2000 A By-law to Amend Zoning By-law 2387 (Former Township of
Bayham)Estate of Ruby Millard
By-law Z418-2000 A By-law to Amend Zoning By-law 2387 (Former Township of
Bayham)James& Brenda Foris
By-law 2000 -48 A By-law to authorize the execution of an Agreement between the
Municipality of Bayham and Kathy Bradfield for the provision of
Dog Licensing Services
By-law 2000 -49 A By-law to authorize the execution of an Agreement between the
Municipality of Bayham and Paul&Mary DeCloet(Re: Consent
Application E53/99)
By-law 2000 - 50 A By-law to authorize the execution of a Site Plan Agreement
between the Municipality of Bayham and Marc Serge and
Jacqueline Becky Vezina and Gretchen Bolt
By-law 2000 - 51 A By-law to authorize the execution of a Lease Agreement
between the Municipality of Bayham and Talisman Energy Inc.
By-law 2000—54 A By-law to authorize the execution of a permanent easement
Agreement between the Municipality of Bayham and Christine
Michele Szorenyi
2000-283 Moved by M. Schafer
Seconded by D. Mason
"THAT By-laws Z417-2000, Z418-2000,2000-48 as amended,2000-49,2000-50,
2000-51 and 2000-54 be read a first,second and third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 109 - May 18,2000
12. BY-LAWS (continued)
By-law 2000 - 52 A By-law to confirm all actions of Council
2000-284 Moved by M. Schafer
Seconded by C. Evanitski
"THAT confirming By-law 2000-52 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2000-285 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the meeting be adjourned at 11:00 p.m."
Disposition: Motion Carried Unanimously
OZ A 4" / 10. , (4r,'7 ,)
�YOR C 'ERK
Date approved: 3,,f e .12