HomeMy WebLinkAboutJanuary 14, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE,ONTARIO
Thursday,January 14, 1999
9:00 a.m.
The regular meeting of Council of the Municipality of Bayham was held at 9:00 a.m. on
Thursday, January 14, 1999 in the Council Chambers. Present were Mayor Max Stewart,
Deputy Mayor Jack Petrie,Councillors David Mason, and John Nezezon,
Administrator/Treasurer Lynn S. Buchner, and Clerk Lynda Millard. Councillor Cliff Evanitski
was absent.
Due to a severe winter storm Delegations 4 (c), (e), 0,(g), and Items 6.1(e), (f), and 11.1(a)
were rescheduled to February 4, 1999.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 9:05 a.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 Special Meeting held December 15, 1998
Minutes of the Regular Meeting held December 17, 1998
Minutes of the Special Meeting held December 18, 1998
Minutes of the Special Meeting held December 22, 1998
99-01 Moved by J.Nezezon
Seconded by D. Mason
"THAT the minutes of the special meeting of the Municipality of Bayham held
December 15, 1998 be approved."
Disposition: Motion Carried Unanimously
99-02 Moved by D. Mason
Seconded by J.Nezezon
"THAT the minutes of the regular meeting of the Municipality of Bayham held
December 17, 1998 be approved."
Disposition: Motion Carried Unanimously
99-03 Moved by D. Mason
Seconded by J.Nezezon
"THAT the minutes of the special meeting of the Municipality of Bayham held
December 18, 1998 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 2 - JANUARY 14, 1999
3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES
(continued)
99-04 Moved by J. Petrie
Seconded by D. Mason
"THAT the minutes of the special meeting of the Municipality of Bayham held
December 22, 1998 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 9:00 a.m.—Dennis Harwood, O.P.P. was present to introduce Sergeant George Van
Damme who is now the Elgin County O.P.P. Community Policing Officer for Bayham.
(b) 9:15 a.m. —Gary Russell regarding installation of an additional new street light in front
of the Port Burwell Anglican Church was unable to attend and will be rescheduled.
(c) Maureen Beatty, Co-ordinator of Planning and Community Services, did not attend
regarding -Rescheduled for February 4, 1999
Item 6.1(f), 7.1(b), 11.1(a).
(d) 9:30 a.m. -Dwayne Daniel, Chief Building Official,regarding
Item 8.1(a), 8.2(a)
(e) 2:30 p.m.—Gary Blazak,Planner, Cumming Cockburn Limited,did not attend
regarding -Rescheduled for February 4, 1999
Item 6.1(f), 11.1(a).
(f) 3:00 p.m. -Fire Chief, Sam Taylor,Dave Crowe and Les Trowsdale,
representatives,Fire Marshall's Office did not attend regarding-Rescheduled for
February 4, 1999
Item 6.1(e)
(g) 3:15 p.m.—Michael Peterson, Solicitor did not attend regarding In Camera Session
-Rescheduled for February 4, 1999
Item 11.1(a)
5. INFORMATION ITEMS
99-05 Moved by D. Mason
Seconded by J. Petrie
"THAT Information Items 5(a) through 5(o), except 5(n),be received and filed."
Disposition: Motion Carried Unanimously
(a) Leader of Opposition correspondence dated November 30, 1998 regarding the United
Alternative Convention.
File: A16
COUNCIL MINUTES 3 - JANUARY 14, 1999
5. INFORMATION ITEMS (continued)
(b) Association of Municipalities of Ontario Alert dated December 21, 1998 and Ministry of
Municipal Affairs and Housing correspondence dated December 16, 1998,regarding land
ambulance services.
File: A01, A16
(c) Copies of Elgin County Library correspondence to the Port Burwell Recreation&
Community Improvement Society dated September 21, 1998 and December 11, 1998
thanking for the donations to the Port Burwell Library.
File: A16
(d) Minutes of the Otter Valley Utility Corridor&Recreation Trail Committee Board of
Management meeting held November 12, 1998.
File: C06
(e) Employers' Advocacy Council correspondence dated December 4, 1998 regarding the
Emergency Volunteers Protection Act.
File: A01
(f) Township of Delhi correspondence dated December 10, 1998 advising of passage of a
resolution to the Thames Valley District Health Council concerning OHIP Billing
Threshold.
File: A16
(g) Thames Valley District Health Council correspondence dated December 17, 1998.
Attached paper entitled Current Issues Affecting Rural Physicians in Thames Valley.
(available)
File: S08
(h) Corporations Supporting Recycling "CSR Link", December 1998 edition.
File: A01
(i) Association of Municipalities of Ontario Alert correspondence dated December 14, 1998
regarding Bill 99: Balanced Budget and Taxpayer Protection Act, 1998.
File: A01
(j) Association of Municipalities of Ontario Alert correspondence dated December 17, 1998
regarding Ontario Works Expanded to the Private Sector.
File: A01
(k) Minutes of the Bayham Community Economic Development and Tourism Striking
Committee meetings held October 14, and November 9, 1998.
File: C06
(1) Long Point Region Conservation Authority minutes of meeting held December 2, 1998.
File: A16
(m) Long Point Region Conservation Authority Memorandum dated January 11, 1999
regarding 1998 member per diem.
File: A16
(n) Ministry of Finance correspondence dated December 21, 1998 regarding Bill 79,the
Fairness for Property Taxpayers Act.
File: A16
(o) Ministry of Municipal Affairs and Housing correspondence dated December 18, 1998
regarding an amendment to a regulation under the Municipal Act with regard to
municipal powers concerning alcoholic beverage containers.
File: A16
COUNCIL MINUTES - 4- JANUARY 14, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Ministry of Citizenship, Culture and Recreation correspondence dated December 1998
inviting nominations for membership in the Order of Ontario, and Office of the
Parliamentary Assistant to the Premier invitation received January 6, 1999, to participate
in the Ontario Volunteer Service Awards and the Outstanding Achievement Awards for
Voluntarism.
File: A16
99-06 Moved by J. Petrie
Seconded by D. Mason
"THAT the Ministry of Citizenship, Culture and Recreation correspondence dated
December 1998, and Office of the Parliamentary Assistant to the Premier
correspondence received January 6, 1999 be deferred to the January 21, 1999
meeting of Council."
Disposition: Motion Carried Unanimously
(b) Elgin Community Committee correspondence dated December 15, 1998,requesting
proclamation of 1999 as International Year of Older Persons.
File: Ai 6
99-07 Moved by D. Mason
Seconded by J.Nezezon
"WHEREAS the United Nations General Assembly has recognized that the world's
population is aging, and wishing to foster global awareness of the important role of
seniors in society, and the need for intergenerational respect and support,the
United Nations General Assembly has proclaimed 1999 as the International Year of
Older Persons,with the theme: "Towards a Society for All Ages".
Canada, as a member of the global community,is recognizing the contribution of
its 3.6 million citizens over age 65.
Ontario's 1.45 million seniors, by volunteering thousands of hours to their families
and to their communities,truly make"Ontario, a Province for All Ages".
Thus the Province of Ontario, and the Municipality of Bayham,join in proclaiming
1999 as The International Year of Older Persons: a year to honour our seniors and
lay plans for lasting legacies that will ensure respect and recognition for our seniors
in the next millenium.
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 5 - JANUARY 14, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
CORRESPONDENCE&REPORTS
(c) Office of the Ontario Olympic Commissioner correspondence dated December 14, 1998,
regarding support of the bid by the City of Toronto to host the 2008 Summer Olympic
Games.
File: A01
99-08 Moved by J. Nezezon
Seconded by D. Mason
"WHEREAS the Canadian Olympic Association at its regularly scheduled meeting
held in Calgary on April 17, 1998 voted to grant approval to the City of Toronto's
application to represent Canada's bid to host the 29th Olympiad in 2008 subject to
the dictates of the International Olympic Committee Charter; and
WHEREAS the City of Toronto Council on July 9 passed a motion to ratify the
agreement between the Canadian Olympic Association and the City that detailed
the terms required and outlined the mandate for the operation of TO-Bid, the
organization authorized to present the Toronto bid for the Summer Olympic
Games in 2008; and
WHEREAS the Ontario Legislature on December 3, 1998 unanimously endorsed a
Bill introduced by Morley Kells,the Ontario Olympics Commissioner, to support
the City of Toronto's bid to host the 29th Summer Olympic Games and encourage
participation by all of Ontario's communities in the bid proposal and subsequent
presentation of the Olympiad; and
WHEREAS the International Sports Federations representing the 140 athletic
competitions and the IOC delegates who cast the deciding votes in 2001 will be
influenced favourably by province-wide public support for the Toronto bid;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham endorses the tenets of support called for by the Bill entitled: An Act to
endorse the proposed bid of the City of Toronto to host the XXIX Summer
Olympic Games, and further that this Council agrees with the principles of
"building a peaceful and better world by educating youth through sport practised
without discrimination of any kind and in the Olympic spirit, which requires mutual
understanding with a spirit of friendship,solidarity and fair play"as described in the
IOC Charter;
The Council further agrees to have this endorsement joined to that of other
jurisdictions as a display of provincial solidarity behind this universally acclaimed
undertaking."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 6 - JANUARY 14, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(d) Charles E. Buchanan correspondence dated December 22, 1998, and attached article
regarding development of the Otter Valley Utility Corridor&Recreational Trail.
File: D
99-09 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Charles E. Buchanan correspondence dated December 22, 1998
regarding development of the Otter Valley Utility Corridor and Recreation Trail,
and the attached article be received;
AND THAT the information be forwarded to the Otter Valley Utility Corridor and
Recreation Trail Joint Board of Management."
Disposition: Motion Carried Unanimously
(e) Staff Memorandums 98074 and 99001 regarding Preliminary Site Plan for Proposed
Sour Gas Processing Plant by Talisman Energy.
File: D
(x) Cumming Cockburn Limited, Gary Blazak, Memorandum dated December 23, 1998
regarding Proposed Sour Gas Plant—Site Plan Drawings and Agreement.
File: D
2. UNFINISHED BUSINESS
(a) No Items.
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
(a) Staff Report 99002 regarding Winter Control Maintenance.
L4.16
99-10 Moved by J. Petre
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham hereby approves Staff Report
99002 regarding winter control maintenance."
Disposition: Motion Carried Unanimously
(b) Staff Report 99001 regarding One Foot Reserve—Plank Road
File: T12
99-11 Moved by D. Mason
Seconded by J. Petrie
"THAT Staff Report 99001 and correspondence dated November 16, 1998 from
Clayton D Watters, Manager, Engineering Services, County of Elgin setting out the
County's policy with regard to rights of way and one foot reserves on Plank Road
(formerly Highway 19) be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 7 - JANUARY 14, 1999
7. ROADS, AGRICULTURE & DRAINAGE (continued)
2. UNFINISHED BUSINESS
(a) No Items.
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month of December, 1998.
Staff Report 99003 summarizing Building Permits for 1998.
File: P10
99-12 Moved by J. Petrie
Seconded by D. Mason
"THAT the Building Permit Report for the month of December, 1998, and Staff
Report 99003 summarizing Building Permits for 1998 be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report 98134 regarding Emergency Planning Committee.
File P
99-13 Moved by J. Petrie
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham hereby finds it expedient to
form a Committee to implement an Emergency Plan for the Municipality;
AND THAT the Committee be comprised of the following representatives:
• Council -Mayor Max Stewart
• Police - Commanding Staff Sergeant John Stephens or
designate
• Fire - Sam Taylor,Fire Chief
• Ambulance - Pete Bergsma,London Ambulance
Communication Centre
• Social Services - designate appointed from County/City Social
Services
• Public Works - Robert Bartlett,Public Works Superintendent
• Administrator -Lynn Buchner, Administrator/Treasurer."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report 99004 regarding alterations/renovations and estimates for installation of a
chair rail at the Vienna Community Centre.
File: F18
99-14 Moved by D. Mason
Seconded by J. Petrie
"THAT Staff Report 99004 regarding the chairrail and renovations to the Vienna
Community Centre be received;
AND THAT Council hereby approves the additional costs including the installation
of a chairrail for aproximately $633.00."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 8 - JANUARY 14, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register for the period ending January 5, 1999,being cheques# 1579 to
# 1589 inclusive, and Cash Requirements for the period ending January 20, 1999
File: F10.3
99-15 Moved by J. Petrie
Seconded by D. Mason
"THAT the Cheque Register for cheque numbers 1579 to 1589 inclusive, and the
Cash Requirements for the period ending January 20, 1999 be approved,with the
exception of obligation numbers 3767 to 3788 inclusive."
Disposition: Motion Carried Unanimously
(b) Ministry of Citizenship, Culture and Recreation correspondence dated January 4, 1999
regarding Ontario 2000 Funding Program Main Street Ontario.
File: A16
99-16 Moved by D. Mason
Seconded by J. Petrie
"THAT the Ministry of Citizenship, Culture and Recreation correspondence dated
January 4, 1999 regarding the Ontario Funding Program Main Street Ontario be
received;
AND THAT the information be forwarded to the following for consideration:
• The Museums Committees
• The Special Events Committee
• The Economic Development and Tourism Committee."
Disposition: Motion Carried Unanimously
(c) Port Burwell Bayham Branch 524 Royal Canadian Legion correspondence dated
December 16, 1998 requesting exemption on their property taxes.
File: A01
99-17 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the Port Burwell Bayham Branch 524 Royal Canadian Legion dated
December 16, 1998 be received;
AND THAT the request for exemption from taxation for property located at#40
Wellington Street,Port Burwell, be hereby denied;
AND THAT Branch 524 of the Royal Canadian Legion be considered as a
Municipal Grant recipient in the 1999 budget deliberations."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 9 - JANUARY 14, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
L CORRESPONDENCE& REPORTS
(d) Corporation of the City of Nepean Motion#256-98 passed December 3, 1998 regarding
education.
File: A16
99-18 Moved by I Nezezon
Seconded by J. Petrie
"THAT the Corporation of the City of Nepean Motion #256-98 passed December 3,
1998 regarding education be received;
AND THAT the Municipality of Bayham hereby supports the above noted Motion."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Draft response to presentation made by Billy Clarke, lst Port Burwell Scout Troop.
Additional input from Council requested.
File: C13
99-19 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the draft letter of response to the presentation made by Billy Clarke, 1st
Port Burwell Scout Troop,be approved, as amended."
Disposition: Motion Carried Unanimously
(b) Notice of Open House 7:00— 8:00 p.m., Public Meeting at 8:00 p.m. for the potential
Sanitary Sewer Project for the Hamlets of Eden and Straffordville, and the Village of
Vienna,to be held at the Bayham Community Centre in Straffordville, on Wednesday,
January 27, 1999. The Special Events meeting is rescheduled to January 28, 1999, at
7:30 p.m.
Not Copied
99-20 Moved by J. Petrie
Seconded by J.Nezezon
"THAT the Notice of Open House and Public Meeting for the potential Sanitary
Sewer Project for the Hamlets of Eden and Straffordville and the Village of
Vienna,to be held Wednesday,January 27, 1999 be received;
AND the rescheduling of the Special Events Committee meeting to Thursday,
January 28, 1999, be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 10 - JANUARY 14, 1999
10. ENVIRONMENT (continued)
2. UNFINISHED BUSINESS
No Items.
11. COMMITTEE OF THE WHOLE
99-21 Moved by J.Nezezon
Seconded by D. Mason
"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
99-22 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
CORRESPONDENCE&REPORTS
(a) Confidential legal/property matter in regard to the Talisman Energy Inc. Ontario
Municipal Board hearing.
(b) City of London confidential correspondence dated December 23, 1998 regarding a
proposed Memorandum of Understanding to establish a Provisional Joint Board of
Management for the Elgin Area Primary Water System.
File: E08
99-23 Moved by J.Petrie
Seconded by D. Mason
"THAT the confidential correspondence dated December 23, 1998 from the City of
London be received;
AND THAT the Council of the Municipality of Bayham hereby agrees in principle
with the document attached to the correspondence,with the exceptions as identified
in the confidential correspondence dated January 12, 1999 from the Township of
Malahide;
AND THAT Council hereby supports the appointment of Mayor Bob Habkirk as
the representative for the municipalities of Aylmer/Bayham/Malahide to the
Provisional Joint Board of Management for the Elgin Area Primary Water Supply
System."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 11 - JANUARY 14, 1999
11. COMMITTEE OF THE WHOLE(continued)
2. UNFINISHED BUSINESS
(a) Confidential Staff Report 98098 regarding a potential litigious matter.
File: LO
99-24 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham hereby acknowledges the
recreational activity that has taken place on the property described as Part Lot 24,
Concession 3 in the Municipality of Bayham;
AND THAT it is the opinion of Council that the scale of activity that has taken place
to date at the property of which is more specifically described in a petition dated
January, 1999 endorsed by a majority of the users, is not of a level nor a magnitude
that constitutes a use to be regulated by site specific zoning;
AND THAT its use is perceived as private and is restricted to personal invitation of
the property owners;
THEREFORE BE IT RESOLVED THAT the owners of the property herein
described will not be requested by Council at this time to rezone the property to
recognize the activity as a use;
AND FURTHER THAT the Council of the Municipality of Bayham hereby reserves
the right to reconsider this position at any time in the future if the scale, or
magnitude of activity changes or the activity is offered to members of the public for
compensation."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law 99 - 01 A By-law to set Remuneration to be paid to Municipal Officers
and Employees
By-law 99—02 A By-law to appoint a Municipal Auditor
99-25 Moved by D. Mason
Seconded by J. Nezezon
"THAT By-laws 99-01 and 99-02 be read a first and second time."
Disposition: Motion Carried Unanimously
99-26 Moved by J.Nezezon
Seconded by D. Mason
"THAT By-laws 99-01 and 99-02 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 12 - JANUARY 14, 1999
12. BYLAWS (continued)
By-law 99--03 A By-law to confirm all actions of Council
99-27 Moved by J. Petrie
Seconded by D. Mason
"THAT By-law 99-03 be read a first and second time."
Disposition: Motion Carried Unanimously
99-28 Moved by D. Mason
Seconded by J. Petrie
"THAT By-law 99-03 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-29 Moved by J. Petrie
Seconded by J.Nezezon
"THAT the Council Meeting be adjourned at 4:05 p.m."
Disposition: Motion Carried Unanimously
A O' CLERK
Date approved: ievni /A99