HomeMy WebLinkAboutJune 01, 2000 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,June 1,2000
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, June 1, 2000 in Council Chambers. Present were Mayor Stewart, Deputy Mayor John
Nezezon, Councillors David Mason, Mathew Schafer,Administrator Kyle Kruger and Clerk
Lynda Millard. Co-ordinator of Planning Services Maureen Beatty, Chief Building Official
Dwayne Daniel and Treasurer Suzanna Mantel were in attendance to present their reports.
Councillor Evanitski attended at 8:25 p.m.
1. CALL TO ORDER
Mayor Stewart called the meeting to order at 7:00 p.m.
ADDITION OF ITEM
By-law No. 2000-58 was added to the agenda.
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 May 18, 2000
2000-286 Moved by M. Schafer
Seconded by J.Nezezon
"THAT the minutes of the regular meeting of the Municipality of Bayham held May
18,2000 be approved."
Disposition: Motion Carried
4. DELEGATIONS
(a) 7:05 p.m.—John Scott, Graham Scott Enns,Municipal Auditor was in attendance to
present the Auditors' Report and Financial Statements for the year ended December 31,
1999.
Item 9.1(d)
(b) 8:00 p.m.—Lloyd & Myrna Cowan,were present and advised Council that they had
done extensive advertising of their Pet Cemetery using"Line", not realizing that the
signage when they did so was incorrect, and requested Council to consider renaming
Ridge Road to Ridge Line. Council agreed to start the process to have this done.
COUNCIL MINUTES . 111 - June 1,2000
4. DELEGATIONS (continued)
(c) 9:30 p.m. - Ralph Ainne - Elliott's Land Services Limited regarding a confidential
property matter.
Item 11.1(a)
(d) Doug Peer, O.P.P. representative was in attendance to update Council regarding the
shooting at Valley Variety south of Vienna on May 31A. He gave his appreciation to the
Bayham Works Department for their assistance in providing signage for closing Plank
Road. He advised that the police would soon have the investigation completed.
5. INFORMATION ITEMS
2000-287 Moved by J. Nezezon
Seconded by M. Schafer
"THAT Information Items 5(a)through 5(f) be received for information.
Disposition: Motion Carried Unanimously
(a) Association of Municipalities of Ontario correspondence dated May 18, 2000 regarding
"Results of the AMO Board of Directors Meeting."
File: A01
(b) Correspondence dated May 19, 2000 from Valerie Clark, Ministry of Agriculture, Food
and Rural Affairs regarding "Middlesex/Elgin Agriculture and Rural Organizations and
Community Contacts".
File: A16
(c) Minutes of the Bayham 150/2000 Committee meeting held May 8, 2000.
File: C06
(d) Minutes of the Port Burwell Marine Museum Advisory Committee meeting held April
18, 2000.
File: C06
(e) Minutes of the Bayham Community Policing Committee meeting held April 19, 2000.
File: C06
(f) Correspondence dated May 17, 2000 from the County of Elgin regarding correspondence
from the Ministry of the Environment to the St. Thomas Assembly Plant, Ford Motor
Company of Canada.
File: A16
COUNCIL MINUTES - 112 June 1,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
I. CORRESPONDENCE&REPORTS
(a) Staff Report D2000-29 regarding Reconstruction of Richmond Street&Agreement with
Cleason& Salinda Hoover(Hamlet of Richmond).
File: L04 & T04
2000-288 Moved by J.Nezezon
Seconded by D. Mason
"THAT Staff Report D2000-29 be received:
AND THAT By-law No. 2000-56, being a By-law authorizing the Mayor and Clerk
to execute an agreement between the Municipality of Bayham and Cleason and
Salina Hoover for the reconstruction of Richmond Street in the Hamlet of
Richmond,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report D2000-26 regarding Municipal Boat Launch, Finger Docks&Black Dock,
Port Burwell Harbour.
File: L04
2000-289 Moved by M. Schafer
Seconded by J. Nezezon
"THAT Staff Report D2000-26 be approved;
AND THAT Staff be directed to solicit proposals for the operation of the Black
Dock,the Municipal Boat Launch and the rental of the municipal owned fmger
docks with a deadline for submission of 12:00 Noon,Monday June 12th, 2000;
AND THAT the proposals be reviewed by Staff and a report presented to Council
for consideration at its regular meeting scheduled to be held on Thursday, June 15th,
2000."
Disposition: Motion Carried Unanimously
(c) Staff Report D2000-27 regarding Trans Canada Trail—Draft County Road Agreement.
File: DO6TCT
2000-290 Moved by M. Schafer
Seconded by D. Mason
"THAT the Staff comments as outlined in report D2000-27 regarding the draft
County Road Agreement be forwarded to the County for consideration."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 113 - June 1,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
(a) Staff Report D2000-19 regarding Fisheries & Oceans Response—Financial Assessment
& Management Study. Deferred from May I8th
2000-291 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report D2000-19 regarding Fisheries & Oceans Response—Financial
Assessment&Management Study be received;
AND THAT Dillon Consulting be engaged to carry out a Harbour Feasibility Study
pursuant to their proposal dated May 1,2000, at an upset limit of$18,646 exclusive
of taxes, financing to be shared 50% with Fisheries and Oceans Canada."
Disposition: Motion Carried
3. PUBLIC MEETING
2000-292 Moved by J. Nezezon
Seconded by D. Mason
"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) Rezoning Application by Ross Learn, Part Lot 10, Concession 5. (By-law Z419-2000)
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
Staff Report D2000-30
4. Public Comments
There were no public comments.
5. Council Comments and Questions
There were no concerns or questions.
6. Adjournment
2000-293 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Public Meeting be adjourned at 7:45 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 114 - June 1,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING(continued)
7. Disposition of Items
2000-294 Moved by J.Nezezon
Seconded by M. Schafer
"THAT the application by Ross Learn to change the zoning on a parcel of land
comprising approximately 0.72 hectares (1.78 acres) situated on the north side of
Calton Line (County Road No. 45),west of Mitchell Road, in Part Lot 10,
Concession 5 from Agriculture (A1) to Rural Residential(RR) be approved;
AND THAT By-law No. Z419-2000 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
I. CORRESPONDENCE& REPORTS
(a) Staff Report E2000-06 regarding Tile Drainage Loan Application—Douglas& Sharon
Pettman.
File: Fli
2000-295 Moved by M. Schafer
Seconded by J.Nezezon
"THAT Staff Report E2000-06 regarding a Tile Drainage Loan application from
Douglas & Sharon Pettman be received;
AND THAT Council approve the loan application of$20,000.00 for drainage of 20
hectares."
Dispositon: Motion Carried Unanimously
(b) Memo dated May 26,2000 from Councillor Mason regarding Canada Day Celebrations
in Port Burwell.
File: R06
2000-296 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Memo dated May 26,2000 from Councillor Dave Mason regarding
Canada Day activities 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 Wellington Street in Port Burwell from Elizabeth
Street,west to Robinson Street, and Robinson Street south to Pitt Street on July 1,
2000 between 10:30 a.m. and 12:00 noon during the Canada Day Parade."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 115 - June 1,2000
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(c) Correspondence received May 30, 2000 from Diana Norris, Straffordville Watermelon
Fest Parade Committee, requesting permission for the parade to be held August 26t.
File: C13
2000-297 Moved by D. Mason
Seconded by M. Schafer
"THAT the correspondence received May 30,2000 from Diana Norris, Watermelon
Fest Parade Committee be received;
AND THAT the proposed Parade Route be approved;
AND THAT the Council of the Municipality of Bayham, on behalf of the
Straffordville Watermelon Fest Committee, hereby requests permission from the
County of Elgin to use Plank Road from Third Street, south to Heritage Line, and
Heritage Line west to the Straffordville Community Centre on Saturday August 26,
2000 between 9:30 and 11:00 a.m. during the Watermelon Fest Parade in
Straffordville."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report D2000-20 regarding Road Allowance Closure and Conveyance—Policy and
Procedure. Deferred to June I S`
File: A09
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Correspondence from Pat Teall-Trudeau, Chairperson,Board of Management,Vienna
United Church regarding a fund-raising walk-a-thon along the Otter Valley Trail.
File: C13
2000-298 Moved by D.Mason
Seconded by C. Evanitski
"THAT correspondence from Pat Teall-Trudeau, Chairperson,Board of
Management,Vienna United Church be received;
AND THAT the Council of the Municipality of Bayham endorses the proposed use
of the former CP rail lands for a walk-a-than event, as requested,to be held June
3rd, on a one-time only basis."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 116 - June 1,2000
8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued)
I. CORRESPONDENCE& REPORTS
(b) Staff Report P2000-09 regarding Provincial Offences Act Transfer Project.
File: P17
2000-299 Moved by J. Nezezon
Seconded by D. Mason
"THAT Staff Report P2000-09 be received; and
1. That the County of Elgin be designated as the delivery agent to assume justice
responsibilities under the Provincial Offences Act.
2. That the County of Elgin retain P.O.A. revenues to cover operating expenses and
an additional 10% administration fee, and that the remaining revenues be
allocated to the involved municipalities based on revenue per incident in each
municipality.
3. That the County of Elgin submit a single submission to the Ministry of the
Attorney General for the court service area of Elgin and St. Thomas.
4. That the sample resolution in the format required by the Ministry of the
Attorney General as attached to report P2000-09 be adopted."
Disposition: Motion Carried Unanimously
(c) Memo dated June 1, 2000 from Dave Mason regarding"Sale of Museum Artifact"
File: A01
2000-300 Moved by D. Mason
Seconded by J. Nezezon
"THAT the memo dated June 1,2000 from Dave Mason regarding the"Sale of
Museum Artifact" be received;
AND THAT the Port Burwell Marine Museum Advisory Committee be directed to
seek offers for one excess diesel engine and compressor from the Type F fog horn
assembly at the museum, by advertising for sale, as appropriate, and report back to
Council with a recommendation for consideration."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register, being Cheque# 712 to Cheque# 798 inclusive, except cheques # 712,
714 and 764, totaling $ 60,246.59, Accounts Payable for the period ending June 20th, and
Payroll Disbursements for the period ending May 17, 2000 totaling$ 29,528.31.
2000-301 Moved by M. Schafer
Seconded by D. Mason
"THAT the Cheque Register, being Cheque# 712 to Cheque# 798 inclusive, except
cheques# 712, 714 and 764 and totaling$ 60,246.59,Accounts Payable for the
period ending June 20t', and Payroll Disbursements for the period ending May 17,
2000 totaling$ 29,528.31 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 117 - June 1,2000
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
Y. CORRESPONDENCE&REPORTS
(b) Staff Report F2000-17 regarding 2000 Tax Rates & Levies.
File: F05
2000-302 Moved by M. Schafer
Seconded by J. Nezezon
"THAT Staff Report F2000-17 regarding 2000 Tax Rates & Levies be received;
AND THAT By-law 2000-53 being a bylaw to repeal and replace Bylaw 2000-36, a
bylaw to adopt the assessment on which taxes shall be levied for the year 2000,the
current estimates for year 2000,to establish a levy for the year 2000,to adopt tax rates,
provide for penalty and interest in default of payment,and the collection thereof,be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Staff Memorandum dated May 25, 2000 regarding Landscape Services—Corinth Park.
File: F18
2000-303 Moved by M. Schafer
Seconded by J.Nezezon
"THAT Staff Memorandum dated May 25,2000 regarding Landscape Service—
Corinth Park,be received;
AND THAT Council support that the Landscape Services for the Corinth Park be
awarded to D & S Lawncare;
AND THAT By-law 2000-58,being a by-law to amend By-law 2000-42, be added to
the agenda and presented to Council for enactment."
Disposition: Motion Carried
(d) Auditors' Report and Financial Statements for the year ended December 31, 1999.
File: F l 0
2000-304 Moved by M. Schafer
Seconded by D. Mason
"THAT the Auditors' Report and Financial Statement for the Municipality of
Bayham for the year ended December 31, 1999 be accepted as presented."
Disposition: Motion Carried Unanimously
(e) Staff Report F2000-16 regarding Community Reinvestment Fund.
File: F 11
2000-305 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report F2000-16 be received;
AND THAT the report to the Ministry of Municipal Affairs and Housing be
approved for submission."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 118 - June 1, 2000
MOTION TO EXTEND LENGTH OF MEETING
2000-306 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 June 1,2000."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS
No Items
11. COMMITTEE OF THE WHOLE
2000-307 Moved by D. Mason
Seconded by M. Schafer
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss property and legal matters."
Disposition: Motion Carried Unanimously
2000-308 Moved by M. Schafer
Seconded by D. Mason
"THAT the Committee of the Whole do now rise from the "In Camera" Session."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Confidential Memorandum D2000-12 regarding a property matter.
File: L04
(b) Confidential Staff Report D2000-28 regarding a property matter.
File: D06
2000-309 Moved by M. Schafer
Seconded by D. Mason
"THAT Council adopt the recommendation from report D2000-09 as the Municipal
position regarding the Line Fences Act applications respecting the former CP rail
lands, and that Staff be authorized to put this position forward through the Line
Fences Act process."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law Z419-2000 A By-law to Amend Zoning By-law 2387 (Former Township of
Bayham)Ross Learn
COUNCIL MINUTES - 119 - June 1,2000
12. BY-LAWS (continued)
By-law 2000 - 53 A By-law to repeal and replace By-law 2000-36, a By-law to adopt
the Assessment on which taxes shall be levied, Current Estimates,
Establish a Levy, Adopt Tax Rates and Provide for Penalty and
Interest in Default of Payment and Collection thereof
By-law 2000 - 55 A By-law to authorize the execution of an Agreement between the
Municipality of Bayham and A. G. Hayter Contracting Ltd. for
provision of Drainage Works (Re: Bartley Drain& Smith Branch)
By-law 2000-56 A By-law to authorize the execution of a Road Reconstruction
Agreement between the Municipality of Bayham and Cleason&
Salinda Hoover(Part of Richmond Street, Part Lot 112, Conc
STR)
By-law 2000—58 A By-law to amend B/L 2000-42 (Landscape Services)
2000-310 Moved by D. Mason
Seconded by C. Evanitski
"THAT By-laws Z419-2000,2000-53,2000-55,2000-56, and 2000-58 be read a first,
second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 2000 - 57 A By-law to confirm all actions of Council
2000-311 Moved by D. Mason
Seconded by J.Nezezon
"THAT confirming By-law 2000-57 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2000-312 Moved by D. Mason
Seconded by M. Schafer
"THAT the meeting be adjourned at 10:45 p.m."
Disposition: Motion Carried Unanimously
Deputy liMAYOR CLERK
Date approved: June 22,2000