Loading...
HomeMy WebLinkAboutJanuary 21, 1999 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O.Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,January 21 & Wednesday January 27, 1999 7:00 p.m. &2:00 p.m. 7:30 p.m. (Public Meeting) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, January 21, 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. 1. CALL TO ORDER Mayor Max Stewart called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Deputy Mayor Jack Petrie declared a pecuniary interest, as agent,in regard to Item 6.1(d). 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Regular Meeting held January 14, 1999 99-30 Moved by D. Mason Seconded by J.Nezezon "THAT the minutes of the regular meeting of the Municipality of Bayham held January 14, 1999 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m.—Gary Russell was present to make a presentation requesting Council to have the additional new street light in front of the Port Burwell Anglican Church removed. (b) Maureen Beatty, Co-ordinator of Planning and Community Services, regarding Item 6.1(b), 6.1(c), 6.1(d), 6.1(e), 6.3(a), 6.3(b) (c) 8:00 p.m. —Judy Oldham was present regarding the proposed severance of five lots west of Hamlet of Eden. Item 6.1(e) (d) 8:15 p.m.—Ed Roloson-By-law Enforcement Officer,regarding Item 8.1(a) COUNCIL MINUTES - 14 - JANUARY 21 & 27, 1999 4. DELEGATIONS (continued) (e) 9:00 p.m. -Wayne Casier, Chairman, and Shirley Biro,Vice-Chairman, Bayham Health Action Committee regarding Item 11.1(b) 5. INFORMATION ITEMS 99-31 Moved by J. Nezezon Seconded by J. Petrie "THAT Information Items 5(a)through 5(c), be received and filed." Disposition: Motion Carried Unanimously (a) Bayham Community Health Action Committee minutes of meetings held November 17, and December 9, 1998. File: A16 (b) Otter Valley Utility Corridor&Recreation Trail Draft draft minutes of meeting held December 15, 1998. File: C06 (c) Middlesex-Elgin-Oxford Community Leaders' Letter- January—February 1999 edition. File: A01 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Councillor D. Mason Memo regarding Memorial Park, Port Burwell. File: D06 99-32 Moved by D. Mason Seconded by J. Petrie "THAT the Councillor Mason memorandum regarding Memorial Park,Port Burwell be received for information; AND THAT Staff be directed to provide cost estimates for installing barrier posts to facilitate angle parking at the end of Strachan Street for the Memorial Park and the cost of new picnic tables,to be considered during 1999 budget deliberations." Disposition: Motion Carried Unanimously (b) County of Elgin Land Division Committee Consent Application, Submission#E 114/98 by Mary DeCloet for Part Lots 22 & 23, Concession 9, in the Municipality of Bayham,to add to adjoining agricultural land. Retained parcel proposed to remain in agricultural use. File: D COUNCIL MINUTES - 15 - JANUARY 21 & 27, 1999 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE&REPORTS (b) 99-33 Moved by J. Nezezon Seconded by D. Mason "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Municipality of Bayham recommends approval of Consent Application No. E-114/98 by Mary DeCloet for Part Lots 22 & 23, Concession 9,to sever a parcel to be merged with the adjoining agricultural land to the east subject to the following condition: • Any survey plan prepared for the severed and/or retained parcel be deposited with the Municipality • The parcel be merged with the agricultural parcel to the east(Roll No. 34-01- 000-006-11400-0000 in accordance with the provisions of the Planning Act". Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee Consent Application, Submission#E 115/98 by Paul DeCloet for Part Lots 22, 23 & 24, Concession 9, in the Municipality of Bayham, to add to adjoining agricultural land. Retained parcel proposed to remain in agricultural use. File: D 99-34 Moved by J. Nezezon Seconded by J. Petrie "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Municipality of Bayham recommends approval of Consent Application No. E-115/98 by Paul DeCIoet for Part Lots 22,23 and 24, Concession 9,to sever a parcel to be merged with the adjoining agricultural land to the south subject to the following condition: • Any survey plan prepared for the severed and/or retained parcel be deposited with the Municipality." • The parcel be merged with the agricultural parcel to the south (Roll No. 34-01- 000-006-11500-0000 in accordance with the provisions of the Planning Act". Disposition: Motion Carried Unanimously (d) County of Elgin Land Division Committee Consent Application, Submission#E 116/98 by Terrance and Elizabeth Evanitski for Part Lot 7 Concession 9, in the Municipality of Bayham,to create one new residential building lot. Retained parcel proposed to remain in agricultural use. File: D COUNCIL MINUTES - 16 - JANUARY 21 & 27, 1999 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE& REPORTS (d) 99-35 Moved by J.Nezezon Seconded by D. Mason "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Municipality of Bayham recommends approval of Consent Application No. E-116198 by Terrance and Elizabeth Evanitski for Part Lot 7, Concession 9 to sever a lot to create one new residential building lot for retirement purposes subject to the following conditions: • Payment of$500 cash in Iieu of park land dedication." Disposition: Motion Carried (e) Cumming Cockburn Limited, Gary Blazak Memorandum dated January 11, 1999 and attached information regarding a proposed severance of five lots west of the hamlet of Eden by Judy Oldham. File: D 2. UNFINISHED BUSINESS (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. (From January 14, 1999 meeting) File: A16 99-36 Moved by D. Mason Seconded by J. Petrie "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 received; AND THAT the Council of the Municipality of Bayham hereby nominates: Charlotte Mc Donald for the Ontario Volunteer Service Award." Disposition: Motion Carried Unanimously 3. PUBLIC MEETING 99-37 Moved by J. Petrie 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 COUNCIL MINUTES - 17 - JANUARY 21 & 27, 1999 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. PUBLIC MEETING 1. Application: (a) Application by Paul and Sheila Franklin, to change zoning on a parcel of land comprising of approximately 1486 square metres (16,000 sq. ft.) situated on the west side of Plank Road(Highway 19), south of Jackson Line in Part Lot 15, Concession 5 (Plank Road) from the Agricultural (Al) Zone to a Special Highway Commercial (HWC-1) Zone. File: D (b) Application by John and Patricia Plug,to change zoning on a parcel of land comprising of approximately 1579 square metres (16,997 sq. ft.) situated on the west side of Plank Road(Highway 19), south of Jackson Line in Part Lot 15, Concession 5 (Plank Road) from the Agricultural (Al) Zone to a Special Highway Commercial (HWC-1)Zone. File: D 2. Declaration of Pecuniary Interest and the General Nature Thereof There was no disclosure of Pecuniary interest and the general nature thereof. 3. Staff Presentation Planning Co-ordinator Maureen Beatty provided Council with an explanation regarding the applications. 4. Public Comments There were no public comments. 5. Council Comments and Questions Council raised no concerns. 6. Adjournment 99-38 Moved by D. Mason Seconded by J. Petrie "THAT the Public Meeting be adjourned at 8:08 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Items 99-39 Moved by D. Mason Seconded by J. Petrie (a) "THAT the application by Paul and Sheila Franklin to chane the zoning on a parcel of land comprising approximately 1486 m2 (16,000 ft-) situated on the west side of Plank Road,south of Jackson Line in Part Lot 15,Concession 5 from the Agricultural (A1) Zone to a Special Highway Commercial (HWC-1) Zone to facilitate the severance of the parcel to merge with the adjoining church property be approved; AND THAT Zoning By-law Z399-99 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 18 - JANUARY 21 & 27, 1999 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. PUBLIC MEETING (b) 99-40 Moved by J. Petrie Seconded by D. Mason "THAT the application by John & Patricia Plug to change the zoning on a parcel of land comprising approximately 1579 m2(16,997 ft2) situated on the west side of Plank Road, south of Jackson Line in Part Lot 15, Concession 5 from the Agricultural (Al) Zone to a Special Highway Commercial(HWC-1) Zone to facilitate the severance of the parcel to merge with the adjoining church property be approved; AND THAT Zoning By-law Z400-99 be presented to Council for enactment." Disposition: Motion Carried Unanimously 4. OTHER BUSINESS (a) Councillor D. Mason requested an addition to the agenda to consider a resolution passed by the Port Burwell Marine Museum Advisory Committee. 99-41 Moved by D. Mason Seconded by J. Petrie "THAT the resolution of the Port Burwell Marine Museum Advisory Committee dated January 19, 1999 be received: AND THAT Council of the Municipality of Bayham hereby appoints Barbara Rycquart as a member of the Port Burwell Marine Museum Advisory Committee." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS No Items. 2. UNFINISHED BUSINESS (a) No Items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Staff Report Protect199001 regarding 1998 By-law Enforcement Report and Canine Control Summary. File: P01 COUNCIL MINUTES - 19- JANUARY 21 & 27, 1999 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE&REPORTS (a) 99-42 Moved by D. Mason Seconded by J. Petrie "THAT Staff Report P199001 regarding 1998 By-law Enforcement Report and Canine Control Summary be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register for the period ending January 20, 1999,being cheques# 1590 to # 1664 inclusive, and Cash Requirements for the period ending January 31, 1999 File: F10.3 99-43 Moved by D. Mason Seconded by J. Petrie "THAT the Cheque Register for cheque numbers 1590 to 1664 inclusive, and the Cash Requirements for the period ending January 31, 1999 be approved." Disposition: Motion Carried Unanimously (b) Bruce Smith, MPP Middlesex correspondence dated January 11, 1999 regarding requests for delegations to appear at the February 9, 1999 Rural Ontario Municipalities Association Annual Conference. File: A16 99-44 Moved by J. Petrie Seconded by D. Mason "THAT the Bruce Smith,MPP Middlesex correspondence dated January 11, 1999 regarding the 1999 Rural Ontario Municipalities Association Annual Conference be received for information." Disposition: Motion Carried Unanimously (c) Appointment of a Bayharn citizen as a member at large to the East Elgin Millenium Committee to represent the Municipality, due to the resignation of Joel Taylor. (d) London Health. Sciences Foundation correspondence dated January 4, 1999, requesting permission to sell Dream of a Lifetime house lottery tickets in Bayham. File: P09 COUNCIL MINUTES -20 - JANUARY 21 & 27, 1999 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (d) 99-45 Moved by J. Nezezon Seconded by J. Petrie "THAT the London Health Sciences Foundation correspondence dated January 4, 1998 regarding the Dream of a Lifetime house lottery be received; AND THAT the Municipality of Bayham hereby grants the London Health Sciences Foundation permission to extend lottery ticket sales into the Municipality of Bayham." Disposition: Motion Carried Unanimously (e) Staff Report Admin/99006 regarding Facilities Janitorial Services. File: A 99-46 Moved by D. Mason Seconded by J. Nezezon "THAT Staff Report A/99006 regarding janitorial services for municipal owned facilities be received; AND THAT notices be posted locally for invitations for tenders for janitorial services for the following municipal owned facilities: • Municipal Office • Straffordville Fire Station • Straffordville Community Centre • Straffordville Library • Vienna Library • Vienna Community Centre • Port Burwell Library • OPP Office • Sewage Treatment Plant" Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Ministry of Finance correspondence dated December 21, 1998 regarding Bill 79, the Fairness for Property Taxpayers Act. (Item 5(n)from January 14, 1999 meeting). File: A16 99-47 Moved by J. Nezezon Seconded by J. Petrie "WHEREAS Bill 106,the Fair Municipal Finance Act of 1997, came into effect January 1, 1998 intending to introduce a fair and accountable system of property assessment and taxation across the province by eliminating sizeable variations in the tax burdens of ratepayers owning similar properties; AND WHEREAS on December 18, 1998 the Province gave Royal Assent to Bill 79,the Fairness for Property Taxpayers Act,which protects small businesses from large property tax increases in response to concerns expressed by Ontario businesses that property tax increases resulting from Bill 106 were unmanageable; AND WHEREAS Bill 79 limits assessment reform-related property tax increases to 10 per cent in 1998,and a further 5 per cent in each of 1999 and 2000,calculations of which are to be provided by regulation; .../cont'd COUNCIL MINUTES - 21 - JANUARY 21 & 27, 1999 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 2. UNFINISHED BUSINESS (a) Resolution 99-47(continued) AND WHEREAS the changes resulting from Bill 106 and the "Who Does What"initiative have created additional responsibilities and work load for Municipal Staff resulting in additional expenditures incurred for overtime and for the amendments to information technology required to implement these changes; AND WHEREAS the Province has promised to assist municipalities with the cost burden of rebilling business taxpayers as required by Bill 79; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Bayham hereby is of the opinion that Bill 79 voids the intent of Bill 106; AND THEREFORE urges all municipalities to lobby the Province to rescind Bill 79,or alternatively administer the Bill by utilizing Provincial staff,as municipalities will find it necessary to incur further expense in retaining additional Staff support and education to implement the requirements of this Bill; AND BE IT FURTHER RESOLVED THAT this resolution be circulated to all municipalities,Minister of Finance,Minister of Municipal Affairs and Housing,MPP and the Association of Municipalities of Ontario for support." Disposition: Motion Carried Unanimously 3. PUBLIC MEETING 99-48 Moved by D. Mason Seconded by J.Nezezon "THAT the Council Meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Municipal Act." Disposition: Motion Carried Unanimously 1. Application: Reduction,Refund or Cancellation of taxes under Section 442 of the Municipal Act— various properties 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: The Administrator/Treasurer presented Staff Report 98131 regarding 1997 & 1998 Tax Write Offs. 4. Public Comments There were no public comments. 5. Council Comments and Questions Council raised no concerns. COUNCIL MINUTES -22 - JANUARY 21 & 27, 1999 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 3. PUBLIC MEETING 6. Adjournment 99-49 Moved by D. Mason Seconded by J.Nezezon "THAT the Public Meeting be adjourned." Disposition: Motion Carried Unanimously 7. Disposition of Item 99-50 Moved by J. Nezezon Seconded by D. Mason "THAT Staff Report 98131 regarding 1997 and 1998 Tax Write Offs be received; AND THAT taxes in the amount of$ 15,542.50 be cancelled, refunded or reduced pursuant to Section 442 and 443 of the Municipal Act." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Draft Waste management services agreement between TCR Environmental Corp. and the municipality. Bill Graham representing TCR Environmental Corp. was present to discuss the proposed agreement. File: L04 MOTION TO EXTEND LENGTH OF MEETING 99-51 Moved by J. Nezezon Seconded by D. Mason "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 January 21, 1999." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 99-52 Moved by D. Mason Seconded by J. Petrie "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss confidential property matters." Disposition: Motion Carried Unanimously COUNCIL MINUTES -23 - JANUARY 21 & 27, 1999 11. COMMITTEE OF THE WHOLE (continued) 99-53 Moved by I Petrie Seconded by D. Mason "THAT the Committee of the Whole do now rise from the"In Camera" Session without reporting." Disposition: Motion Carried Unanimously MOTION TO ADJOURN AND RECONVENE 99-54 Moved by D. Mason Seconded by J. Petrie "THAT the Council Meeting be adjourned at 11:07 p.m.,to reconvene Wednesday, January 27, 1999 at 2:00 p.m." Disposition: Motion Carried Unanimously MEETING RECONVENED Council reconvened in Council Chambers on Wednesday, January 27, 1999. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councillors David Mason, John Nezezon, 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 2:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest and the general nature thereof. 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (b) Bruce Smith, MPP Middlesex correspondence dated January 25, 1999 regarding requests for delegations to meet with Solicitor General Bob Runciman at the February 9, 1999 Rural Ontario Municipalities Association Annual Conference. File: A16 99-55 Moved by J. Petrie Seconded by D. Mason "THAT the Bruce Smith, MPP Middlesex correspondence dated January 25, 1999 regarding delegations to meet with the Honourable Bob Runciman, Solicitor General, at the 1999 Rural Ontario Municipalities Association Annual Conference Be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES -24 - JANUARY 21 & 27, 1999 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 2. UNFINISHED BUSINESS (b) Opening of tenders for water meter reading. Draft water meter reading services agreement. File: F18 99-56 Moved by D. Mason Seconded by J. Nezezon "THAT the draft water meter reading services agreement be approved; AND THAT the tender submitted by Kathy Bradfield to provide water meter reading services be accepted; AND THAT By-law 99-09 authorizing the Mayor and Clerk to sign an agreement with Kathy Bradfield for provision of water meter reading services be presented to Council for enactment." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Draft Waste management services agreement between TCR Environmental Corp. and the municipality. Bill Hett and Bill Graham,representatives of TCR Environmental Corp. were present to further discuss the proposed agreement. File: L04 99-57 Moved by J.Nezezon Seconded by C. Evanitski "THAT the draft waste management services agreement between TCR Environmental Corp., be approved, as amended; AND THAT By-law 99-07 authorizing the Mayor and Clerk to sign an agreement with TCR Environmental Corp. for the provision of waste management services be presented to Council for enactment." Disposition: Motion Carried (b) Correspondence from Cyril J. Demeyere, Cyril J. Demeyere Limited,regarding costings for proposed sewage projects. Not available at time of printing. File: E01 99-58 Moved by D. Mason Seconded by J. Petrie "THAT the correspondence from Cyril J. Demeyere, Cyril J. Demeyere Limited regarding costings for proposed Sanitary Sewer Projects be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 25 - JANUARY 21 & 27, 1999 10. ENVIRONMENT (continued) 2. UNFINISHED BUSINESS (a) 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 11. COMMITTEE OF THE WHOLE 99-59 Moved by J. Petrie Seconded by D. Mason "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss confidential legal and property matters." Disposition: Motion Carried Unanimously 99-60 Moved by D. Mason Seconded by J. Petrie "THAT the Committee of the Whole do now rise from the "In Camera" Session without reporting." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE& REPORTS (a) Confidential Property Report prepared by Cyril J. Demeyere, Cyril J. Demeyere Limited, regarding proposed sewage projects. File: E01 (b) Bayham Health Action Committee regarding a property matter. 2. UNFINISHED BUSINESS No Items. 12. BY-LAWS By-law Z399-99 A By-law to amend zoning by-law 2387 (Franklin) By-law Z400-99 A By-law to amend zoning by-law 2387 (Plug) By-law 99—06 A By-law to further amend By-law 98-17 adopting a Personnel Personnel By-law 99—07 A By-law authorizing the Mayor and Clerk to sign an agreement with TCR Environmental Corp. for waste management services By-law 99—09 A By-law authorizing the Mayor and Clerk to sign an agreement with Kathy Bradfield for provision of water meter reading services COUNCIL MINUTES -26 - JANUARY 21 & 27, 1999 12. BY-LAWS (continued) 99-61 Moved by D. Mason Seconded by J. Petrie "THAT By-laws Z399-99, Z400-99, 99-06, 99-07, and 99-09 be read a first and second time." Disposition: Motion Carried Unanimously 99-62 Moved by J. Petrie Seconded by D.Mason "THAT By-laws Z399-99, Z400-99, 99-06, 99-07, and 99-09 be read a third time and fmally passed." Disposition: Motion Carried Unanimously By-law 99—08 A By-law to confirm all actions of Council 99-63 Moved by D. Mason Seconded by J. Petrie "THAT By-law 99-08 be read a first and second time." Disposition: Motion Carried Unanimously 99-64 Moved by J. Petrie Seconded by D. Mason "THAT By-law 99-08 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 99-65 Moved by C. Evanitski Seconded by J. Petrie "THAT the Council Meeting be adjourned at 3:45 p.m." Disposition: Motion Carried Unanimously OR ERK Date approved:, k) q