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HomeMy WebLinkAboutFebruary 18, 1999 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O.Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,February 18, 1999 7:00 p.m. The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, February 18, 1999 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councillors David Mason, and Cliff Evanitski, Administrator/Treasurer Lynn S. Buchner, and Clerk Lynda Millard. Councillor John Nezezon 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 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 February 3, 1999 Minutes of the Regular Meeting held February 4, 1999 99-101 Moved by D. Mason Seconded by C. Evanitski "THAT the minutes of the special meeting of the Municipality of Bayham held February 3, 1999 be approved." Disposition: Motion Carried Unanimously 99-102 Moved by C. Evanitski Seconded by D. Mason "THAT the minutes of the regular meeting of the Municipality of Bayham held February 4, 1999 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—Robert Berry, ratepayer was present regarding the organic disposal facility located on the Jackson Line. Item 10.1(a) (b) 7:20 p.m.—William Underhill, representative, Straffordville Cemetery Board presented minutes of annual meeting and Financial Report for year end 1998. Item 9.1(c) (c) Maureen Beatty, Co-ordinator of Planning regarding Item 6.1(a), 6.1(b), 6.1(c), 6.1(d), 8.1(c) COUNCIL MINUTES - 46 - FEBRUARY 18, 1999 4. DELEGATIONS (continued) (d) 7:45 p.m.—Ed Roloson,Wastewater Treatment Plant,Water Works Superintendent,regarding Item 10.1(c), 10.2(b) (e) Bob Bartlett,Public Works Superintendents regarding Item 11.1(a) 5. INFORMATION ITEMS 99-103 Moved by J. Petrie Seconded by C. Evanitski "THAT Information Items 5(a) through 5(g)be received and filed." Disposition: Motion Carried Unanimously (a) Minutes of the Bayham Economic Development& Tourism Striking Committee meetings held December 14, 1998, and January 18, 1999. File: C06 (b) Draft minutes of the Otter Valley Utility Corridor& Recreation Trail Board of Management meeting held January 26, 1999. File: C06 (c) Willms & Shier Environmental Law Newletter, Winter 1999 edition. File: E0 (d) International Year of Older Persons invitation to Celebrating Seniors Showcase to be held March 10, 1999. File: A01 (e) Copy of County of Oxford correspondence dated February 1, 1999 to the Long Point Region Conservation Authority regarding their 1999 Budget and Levy. File: A16 (f) Acres & Associated correspondence dated February 8, 1999 regarding Sewage Works Project. File: C13 (g) Pitch-in Canada Volunteer News January—February 1999 edition, and request for support of 1999 Pitch-In Canada Week May 3 —9, 1999. File: A01 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Application to rezone South Part Lot 5, Concession South Gore, in the Municipality of Bayham from the Agriculture (Al)to Agriculture Special Temporary submitted by Wilhelm and Katharina Dyck. File: D COUNCIL MINUTES -47 - FEBRUARY 18, 1999 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE& REPORTS (a) 99-104 Moved by J. Petrie Seconded by C. Evanitski "THAT the application submitted by Wilhelm and Katharina Dyck to rezone South Part Lot 5, Concession South Gore,to obtain a Special Agricultural Temporary designation to permit a mobile home for farm help purposes be accepted; AND THAT the application be forwarded to staff and the Planning Consultant for review, scheduling of a public meeting and by-law preparation." Disposition: Motion Carried Unanimously (b) Application to rezone Lot 129, Concession 7, (57058 Heritage Line) in the Municipality of Bayham from the Agriculture (Al)to Agriculture Special and Rural Residential submitted by Bruce and Patsy Ketchabaw. File: D 99-105 Moved by C. Evanitski Seconded by D. Mason "THAT the application submitted by Bruce and Patsy Ketchabaw to rezone a portion of Part Lot 129, Concession 7,to a rural residential designation to facilitate the severance of a retirement lot and to rezone the remaining agricultural parcel,if necessary, to recognize size deficiency and to permit the continuation of an existing business on a temporary basis for three years be accepted; AND THAT the application be forwarded to staff and the Planning Consultant for review, scheduling of a public meeting and by-law preparation." Disposition: Motion Carried Unanimously (c) Application to rezone Part Lot 10, Concession 10, in the Municipality of Bayham from the Agriculture (Al) to Agriculture Special Temporary submitted by Joseph and Rosemary Gascho. File: D 99-106 Moved by C. Evanitski Seconded by J. Petrie "THAT the application submitted by Joseph and Rosemary Gascho to rezone Part Lot 10, Concession 10,to obtain a Special Agricultural Temporary designation to permit a mobile home for farm help purposes and a temporary carpentry business be accepted; AND THAT the application be forwarded to staff and the Planning Consultant for review, scheduling of a public meeting and by-law preparation." Disposition: Motion Carried Unanimously COUNCIL MINUTES -48 - FEBRUARY 18, 1999 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE&REPORTS (d) Staff Report D99002 regarding OPA# 105 Talisman Energy Inc. File: D8.1.20 99-107 Moved by J. Petrie Seconded by D. Mason "WHEREAS at its meeting held on February 20, 1998, the Council of the Corporation of the Municipality of Bayham enacted and passed By-law No. 98-22, being a by-law to adopt Amendment No. 105 to the Township of Bayham Official Plan to change the land use designation on a parcel of land described as Part Lot 15, Concession 2 from "Agriculture" to "Special Agricultural Area No. 1" to facilitate the development of a natural gas processing plant by Talisman Energy; AND WHEREAS Talisman Energy Inc. has advised in writing dated January 29, 1999 that they no longer wish to proceed with the project; AND WHEREAS the necessary notification has been given to the Ontario Municipal Board and subsequently, the Board file has been closed; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Bayham deems it necessary to repeal By-law No. 98-22 and directs staff to present the necessary repealing by-law to Council for enactment; AND THAT a copy of the repealing by-law be forwarded by registered mail to the Ontario Municipal Board,Ministry of Municipal Affairs and Housing,Talisman Energy Inc.,the property owner and the appellants." Disposition: Motion Carried Unanimously (e) Staff Report R99001 regarding Parks, Recreation and Community Centres. File: R04, R05 2. UNFINISHED BUSINESS (a) Councillor Mason memorandum dated January 29, 1999 regarding recognition of volunteerism in Port Burwell. From February 4, 1999 File: D 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS No Items. 2. UNFINISHED BUSINESS No Items. COUNCIL MINUTES - 49 - FEBRUARY 18, 1999 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Town of Tillsonburg Resolution dated January 25, 1999, regarding vicious dogs. File: Alb 99-108 Moved by D. Mason Seconded by C_ Evanitski "THAT the Town of Tillsonburg correspondence dated January 25, 1999 be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated February 12, 1999, from Doris Vandeneeckhout, Port Burwell Library Supervisor regarding use of the Gazebo on April 1, 1999. File: A16 99-109 Moved by C. Evanitski Seconded by D. Mason "THAT correspondence dated February 12, 1999 from Doris VandenEeckhout, Library Supervisor be received; AND THAT Council approves the request to use the Gazebo in Port Burwell for Library activities." Disposition: Motion Carried Unanimously (c) Staff Report P99004 regarding 9-1-1 municipal addressing. File: P 99-110 Moved by C. Evanitski Seconded by J. Petrie "THAT staff be directed to retain Kim Husted Surveying to survey the road allowance situated in Straffordville, south of Heritage Line between properties owned by Ball and Cain, Part Lot 126, Concession STR for the purpose of assuming the road to be known as "Alward Street" as a public highway pursuant to the provisions of the Municipal Act; AND THAT with regard to the duplication of various names of streets/lines within the Municipality, Staff be directed to bring recommendations to Council for their consideration." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 50 - FEBRUARY 18, 1999 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 2. UNFINISHED BUSINESS (a) Elgin- St. Thomas Health Unit correspondence dated December 18, 1999 regarding Part 8, Sewage Systems, Ontario Building Code. File: P07 99-111 Moved by D. Mason Seconded by J. Petrie "THAT the Elgin-St. Thomas Health Unit correspondence dated December 18, 1998, and the attached new fee schedule be received; AND THAT subject to receipt of official notice of certification being earned by Dwayne Daniel, Chief Building Official,for inspection of private septic systems, the Elgin-St. Thomas Health Unit be informed that the Municipality of Bayham will no longer require their services; AND THAT Staff be directed to prepare a policy,including a fee schedule to perform this service for Council's consideration." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register for the period ending February 16, 1999,being cheques# 1776 to # 1848 inclusive, excluding# 1777 and Cash Requirements for the period ending February 28, 1999 File: F10.3 99-112 Moved by C. Evanitski Seconded by D. Mason "THAT the Cheque Register for cheque numbers 1776 to 1848 inclusive, excluding Cheque# 1777,and the Cash Requirements for the period ending February 28, 1999 be approved." Disposition: Motion Carried Unanimously (b) Betty Lee Loucks,Account Manager, CIBC correspondence dated February 11, 1999, requesting a waiver of the rental fee for the Vienna Community Centre on March 31, 1999. File: A01 99-113 Moved by D. Mason Seconded by J. Petrie "THAT the Betty Lee Loucks CIBC correspondence dated February 11, 1999 be received; AND THAT the request for a fee waiver for the use of the Vienna Community Centre for a Fashion Show to be held March 31, 1999 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 51 - FEBRUARY 18, 1999 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (c) Straffordville Cemetery Board minutes of meeting held January 28, 1999, and attached Financial Report for 1998. File: S09 99-114 Moved by J. Petrie Seconded by C. Evanitski "THAT the Straffordville Cemetery Board minutes of meeting held January 28, 1999, and the attached 1998 Financial Report be approved; AND THAT Council approve the repairs to the storage shed." Disposition: Motion Carried Unanimously (d) Tenders for provision of janitorial services for municipal owned facilities. 99-115 Moved by J. Petrie Seconded by D. Mason "THAT Staff be directed to prepare a summary report of the tenders received for janitorial services for Council's consideration." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Appointment of a Bayham citizen as a member at large to the East Elgin Millenium Committee to represent the Municipality, due to the resignation of Joel Taylor. From February 4, 1999 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Correspondence from Bob Berry regarding the dumping of liquid waste. File: C13 99-116 Moved by J. Petrie Seconded by C. Evanitski "THAT the correspondence from Bob Berry regarding the dumping of liquid waste be received for information." Disposition: Motion Carried Unanimously (b) Staff Report E99002 regarding request for Water Service along Glen Erie Line and Chute Line. File: E08 COUNCIL MINUTES : 52 - FEBRUARY 18, 1999 10. ENVIRONMENT (continued) 1. CORRESPONDENCE&REPORTS (b) 99-117 Moved by D. Mason Seconded by J. Petrie "THAT Staff be directed to advise that Council requires that a petition be submitted from abutting landowners requesting water service." Disposition: Motion Carried Unanimously 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 (b) Staff Report E99001 regarding Water and Wastewater Systems 1998. File: E03.gen 11. COMMITTEE OF THE WHOLE 99-118 Moved by C. Evanitski Seconded by J. Petrie "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss legal, property and personnel matters." Disposition: Motion Carried Unanimously 99-119 Moved by J. Petrie Seconded by C. Evanitski "THAT the Committee of the Whole do now rise from the"In Camera" Session and report." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Confidential Staff Report 1199002 regarding filling Public Works vacancy. File: HO 99-120 Moved by D. Mason Seconded by J. Petrie "THAT Council of the Municipality of Bayham hereby appoints Brad Valko as a regular full-time employee in accordance with the Municipal Personnel Policy as Public Works Labourer, to commence March 15, 1999 with a three month introductory period at an hourly rate of$14.69 ." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 53 - FEBRUARY 18, 1999 11. COMMITTEE OF THE WHOLE (continued) 1. CORRESPONDENCE&REPORTS (b) Otter Valley Utility Corridor and Recreation Trail Board of Management committee Draft minutes of Closed Session held January 26, 1999. File: C06 2. UNFINISHED BUSINESS No Items. 12. BY-LAWS By-law 99—05 A By-law to provide for an Interim Levy By-law 99— 14 A By-law to repeal By-law 98-22, a By-law to adopt OPA# 105 99-121 Moved by D. Mason Seconded by C. Evanitski "THAT By-law 99—05 and 99 - 14 be read a first and second time." Disposition: Motion Carried Unanimously 99-122 Moved by J. Petrie Seconded by D. Mason "THAT By-law 99—05 and 99 - 14 be read a third time and finally passed." Disposition: Motion Carried Unanimously By-law 99— 15 A By-law to confirm all actions of Council 99-123 Moved by J. Petrie Seconded by C. Evanitski "THAT By-law 99 - 15 be read a first and second time." Disposition: Motion Carried Unanimously 99-124 Moved by D. Mason Seconded by J. Petrie "THAT By-law 99 - 15 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 54 - FEBRUARY 18, 1999 13. ADJOURNMENT 99-125 Moved by C. Evanitski Seconded by J. Petrie "THAT the Council Meeting be adjourned at 10:16 p.m." Disposition: Motion Carried Unanimously I11AY0 'ERK Date Approved: Cy) (-I 9 61