HomeMy WebLinkAboutMay 06, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,May 6, 1999
7:00 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,May 6, 1999 in the Council Chambers. Present were Councillors David Mason, John
Nezezon, and Cliff Evanitski,Administrator/Treasurer Lynn S. Buchner, and Clerk Lynda
Millard. Mayor Max Stewart and Deputy Mayor Jack Petrie were absent.
1. CALL TO ORDER AND APPOINTMENT OF ACTING MAYOR
Lynda Millard,Clerk called the meeting to order at 7:00 p.m.,advising those present that
neither Mayor Stewart nor Deputy Mayor Petrie were able to be in attendance, and read
this resolution, following which Councillor John Nezezon assumed the chair:
99-245 Moved by D. Mason
Seconded by C. Evanitski
"WHEREAS the Municipal Act,R.S.O 1990, c. M45 Section 69 (2) authorizes
councils, by resolution,to appoint one of its members to act in the place of the head
of council when absent, and while so acting,the member has and may exercise all
the rights, powers and authority of the head of council;
AND WHEREAS Mayor Stewart and Deputy Mayor Petrie are both absent at the
appointed hour of a duly called regular meeting of the Council of the Municipality
of Bayham;
AND WHEREAS the required quorum of three Council members are present and
desirous to proceed with the meeting;
THEREFORE BE IT RESOLVED THAT John Nezezon be appointed as Acting
Mayor for the meeting to be held May 6, 1999."
Disposition: Motion Carried Unanimously
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 April 15, 1999
99-246 Moved by C. Evanitski
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held
April 15, 1999 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 104 - May 6, 1999
4. DELEGATIONS
(a) Maureen Beatty, Co-ordinator of Planning,regarding
Items 6.1(a), 6.1(b), 6.2(a), 6.3.1(a), 6.3.1(b), 6.3.1(c), 7.1(a)
(b) 8:00 p.m.—Ray Maddox, Chairman,Ratepayers of Bayham, regarding
Item 10.1(a). Acting Mayor Nezezon advised that Mr. Maddox was unable to attend and
has been rescheduled to May 20, 1999.
(c) Bob Bartlett,Public Works Superintendent,regarding
Items 7.1(a), 9.1(e)
5. INFORMATION ITEMS
99-247 Moved by C. Evanitski
Seconded by D. Mason
"THAT Information Items 5(a)through 5(q) be received and filed."
Disposition: Motion Carried Unanimously
(a) Minutes of the Bayham Policing Committees meeting held March 24, 1999.
File: C06
(b) Minutes of the Bayham Cemetery Committees meeting held April 6, 1999.
File: C06
(c) Minutes of the Bayham Community Economic Development and Tourism Striking
Committee meeting held February 8, 1999.
File: C06
(d) Minutes of the Special Events Committee meeting held March 25, 1999_
File: C06
(e) Minutes of the Bayham Municipal Alcohol Committee meeting held April 12, 1999.
File: C06
(f) Correspondence dated April 22, 1999 from the Association of Municipalities of Ontario
regarding the Throne Speech Stresses Strong Economy.
File: A01
(g) Memorandum dated April 15, 1999 from Councillor Evanitski regarding his attendance at
the Rural Ontario Municipal Association(ROMA) and Ontario Good Roads Association
(OGRA) conferences.
File: C11
(h) Correspondence dated April 12, 1999 from the Ministry of Health regarding the
availability of physician services in our community and the efforts of the Bayham Health
Action Committee.
File: SO
(i) Correspondence dated April 16, 1999 from the Recycling Council of Ontario regarding
participation in Waste Reduction Week '99.
File: E07RRR
(j) Correspondence dated April 20, 1999 from the Minister of Northern Development and
Mines regarding the 1999 Special Circumstances Fund.
File: F i l
COUNCIL MINUTES - 105 - May 6, 1999
5. INFORMATION ITEMS (continued)
(k) Correspondence dated April 28, 1999 from the Ministry of Finance regarding the 1999
Local Services Realignment(LSR).
File: Fl I
(I) Correspondence dated April 30, 1999 from the Ministry of Municipal Affairs and
Housing regarding the Ontario Municipal Employees Retirement System (OMERS).
File: H02
(m) Invitation dated April 19, 1999 from Communaute Urbain de Montreal to attend the
13th annual International Great Lakes/St. Lawrence Mayors' Conference.
File: A04
(n) Ombudsman Ontario Newsletter, Spring Edition.
File: A01
(o) Newsclipping dated November 26/98 regarding Province shifting liability to municipal
level, editor warns.
File: M05
(p) Draft minutes of the Otter Valley Utility Corridor& Recreation Trail Committee,Board
of Management and Executive meetings held March 23, 1999.
File: C06
(q) Long Point Region Conservation Authority minutes of meeting held April 7, 1999.
File: A16
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D99006 regarding the St. Thomas Economic Development Corporation
Brochure.
File: D02
99-248 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report D99006 be received;
AND THAT the St. Thomas Economic Development Corporation be advised that
the Municipality of Bayham appreciates the opportunity to participate in the
production of a 1999 Elgin County Brochure subject to participation by all other
Elgin County municipalities for an estimated cost of$1,800 as Bayham's share;
AND THAT Council be advised if Bayham's share is expected to exceed $1,800
accordingly;
AND THAT the Bayham Economic Development and Tourism Committee be
requested to assume the role as liaison in the preparation of the"Bayham Page";
AND THAT the draft and final layout shall be approved by Council."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 106 - May 6, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(b) Staff Report D99007 regarding Cleason Hoover/Road Reconstruction.
File: T04
99-249 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report D99007 be received;
AND THAT the proposal submitted by Cleason Hoover for the reconstruction of
`Richmond Road' north-east of the Hamlet of Richmond, to accommodate potential
development be received and referred to staff for detailed review;
AND THAT staff be directed to arrange a site meeting with the following
representation to view the properties:
• Cleason Hoover and his agent Richard Harrison,Lifestyles
• Council Members and Municipal Staff
• Long Point Region Conservation Authority."
Disposition: Motion Carried Unanimously
(c) Staff Report M99002 regarding Port Burwell bridge banners.
File: M09
99-250 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report M99002 regarding Port Burwell bridge banners be received;
AND THAT Council direct Staff to purchase four(4) Canadian and four(4) bright
yellow sun banners, size 28" x 72" at a cost of$48.00 each,from Flags Unlimited;
AND THAT Staff look into alternatives to make the banners more durable."
Disposition: Motion Carried Unanimously
(d) Correspondence dated April 14, 1999 from John Barclay, Chairman The Lions Club of
Straffordville,requesting a Special Permit to use the Bayham Community Centre Park.
File: C13
99-251 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Lions Club of Straffordville correspondence dated April 14, 1999, be
received;
AND THAT the request for a special permit to use the Bayham Community Centre
Park for the Annual Fastball Tournament to be held July 2,3, & 4, 1999 be
approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 107 - May 6, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
(a) Staff Report D99003 regarding Port Burwell Harbour. From March 18, 1999
File: L04
Planning Co-ordinator, Maureen Beatty advised that contractors are unable to submit
quotes to remove silt from the Port Burwell outer harbour area by plow dredging or
dragline until additional information is made available to them. A meeting of Council
with harbour stakeholders was set for Tuesday, May 11, 1999, at 7:00 p.m.
(b) Ministry of Long-Term Care with Responsibility for Seniors correspondence dated April
6, 1999, inviting nominations for the 1999 Senior of the Year Award. From April 15`
Information Item 5(f)
File: A16
99-252 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Ministry of Long-Term Care with Responsibility for Seniors
correspondence dated April 6, 1999 be received;
AND THAT the Council of the Municipality of Bayham nominates Gwen Williams
to receive the 1999 Senior of the Year Award."
Disposition: Motion Carried Unanimously
3. PUBLIC MEETING
99-253 Moved by C. Evanitski
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."
1. Application:
(a) Application by Wilhelm and Katharma Dyck, to change zoning on a parcel of land
comprising of approximately 18.26 hectares (45 acres) situated on the north side of
Jackson Line, immediately west of Coyle Road, in Part Lot 25, Concession South Gore
from the Agricultural (Al)Zone to a Temporary Agricultural(A1-T4)Zone.
File: D14
(b) Application by Joseph and Rosemary Uascho,to change zoning on a parcel of land
comprising of approximately 41.5 hectares (102.5 acres) situated on the north side of
Best Line, immediately west of Somers Road, in Part Lot 10, Concession 10 from the
Agricultural (A1)Zone to a Temporary Agricultural (A 1-T5)Zone.
File: D14
(c) Application by Julia Cus, to change zoning on a parcel of land comprising of
approximately 2.3 hectares (5.5 acres) situated on the west side of Elliott Line, south of
Green Line, in Part Lot 15, Concession 10 from the Agricultural (A1)Zone to the Rural
Residential (RR)Zone.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof
There was no disclosure of pecuniary interest and the general nature thereof.
COUNCIL MINUTES - 108 - May 6, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
3. Staff Presentation
Planning Co-ordinator, Maureen Beatty provided Council with an explanation of the
applications.
4. Public Comments
(a) There were no public comments.
(b) Allen Veitch raised concerns regarding how expansion of livestock operations on this site
would affect the municipal drain and pollution to the Little Jerry Creek from run-off, and
was advised by the Planning Co-ordinator that the purpose of the application was not to
expand the livestock operation, but to seek rezoning to permit the placement of a mobile
home to accommodate additional farm labour for a temporary period of three years.
(c) There were no public comments.
On behalf of the applicant, Rose Cus requested that the requirement under Section
5.11.72.4, of By-law Z407-99, Prohibited Uses,prohibiting the keeping or propagation of
livestock be deleted.
5. Council Comments and Questions
Council raised no concerns.
6. Adjournment
99-254 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Public Meeting be adjourned at 8:02 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Items
(a) 99-255 Moved by D. Mason
Seconded by C. Evanitski
"THAT the application submitted by Wilhelm and Katharina Dyck to rezone Part
Lot 25, Concession South Gore from the Agricultural (Al) Zone to a Temporary
Agricultural(A1-T4) Zone to recognize an existing mobile home for additional farm
labour for a period of not more than three years is hereby approved;
AND THAT By-law Z406-99, as amended, to amend Township of Bayham By-law
2387 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 109 - May 6, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
7. Disposition of Items
(b) 99-256 Moved by C. Evanitski
Seconded by D. Mason
"THAT the application submitted by Joseph and Rosemary Gascho to rezone Part
Lot 10, Concession 10 from the Agricultural (Al) Zone to a Temporary Agricultural
(Al-T5) Zone to permit a carpentry business for a period of three years and to
permit the establishment of a mobile home to accommodate additional farm labour
for a temporary period of three years is hereby approved;
AND THAT By-law Z405-99, being a by-law to amend Township of Bayham By-law
2387 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) 99-257 Moved by C. Evanitski
Seconded by D. Mason
"THAT the application submitted by Julia Cus to rezone Part Lot 15, Concession 10
from the Agricultural (Al), Rural Residential(RR) and Special Rural Commercial
(RC-1) Zone to a Special Rural Residential(RR-30) and Special Agricultural (Al-
72) Zone to fulfil the condition imposed by the Elgin County Land Division
Committee in the severance of a rural residential lot is hereby approved;
AND THAT By-law Z407-99, as amended,being a by-law to amend Township of
Bayham By-law 2387 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report T99004 regarding an update on the status of the Moore Bridge Project, Part
Lot 124,NTR Sandytown Road(formerly Centennial Road).
File: T10.3
99-258 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report T99004 regarding the Moore Bridge Project, affecting Part
Lot 124,North Talbot Road on Sandytown Road (formerly Centennial Road) be
received;
AND THAT staff be directed to retain Gibson,Linton,Toth, Campbell and Bennett
to prepare the necessary documentation,required Affidavits and to register the
associated By-laws,Agreements and Transfer Deeds;
AND THAT payment of$6,277.50 be included in the 1999 current budget for
consideration and if approved,paid to Groom and Szorenyi in Trust,being the
outstanding balance for the purchase of the required lands for road widening
purposes, being Part 1 on Reference Plan 11R-6242 and Parts 1,3, 5 and 6 on
Reference Plan 11R-5215 as described and authorized by Township of Bayham By-
law No. 96-27;
.../continued
COUNCIL MINUTES - 110 - May 6, 1999
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Resolution 99-258(continued)
AND THAT the cost of the works estimated at$50,000 be considered during 1999
budget deliberations to determine when the project shall proceed;
AND THAT Spriet Associates Limited be retained to act as a consulting engineer of
the project in accordance with their plan dated December 22, 1998;
AND THAT Michael Szorenyi, Groom and Szorenyi, Barrister and Solicitor,
representing Soreny Farms and Christine Michele Szorenyi be notified of this
resolution."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month of April 1999.
File: P10
99-259 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Building Permit Report for the month of April, 1999 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 May 4, 1999,being cheques# 2139 to
#2217 inclusive, and Cash Requirements for the period ending May 20, 1999.
File: F10.3
99-260 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Cheque Register for cheque numbers 2139 to 2217 inclusive, and the
Cash Requirements for the period ending May 20, 1999 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 111 - May 6, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(b) East Elgin Community Complex Steering Committee Report. Comments to be submitted
by May 15, 1999.
File: F05
99-261 Moved by D. Mason
Seconded by C. Evanitski
"THAT the East Elgin Community Complex Steering Committee Report be
received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated April 23, 1999 from the Leukemia Research Fund requesting
permission to sell raffle lottery tickets in Bayham under Provincial License P990306.
File: P09
99-262 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated April 23, 1999 from the Leukemia Research Fund
be received;
AND THAT the request for permission to sell raffle lottery tickets in the
Municipality of Bayham under Provincial License P990306 be approved."
Disposition: Motion Carried Unanimously
(d) Correspondence dated April 21, 1999 from Hugh Howey, Chairman of Mission&
Outreach Committee, Straffordville Charge requesting the fee for the use of the
Straffordville Community Centre be waived.
File: C13
99-263 Moved by C. Evanitski
Seconded by D. Mason
"THAT the correspondence dated April 21, 1999 from Hugh Howey, Chairman of
Mission & Outreach Committee, Straffordville Charge be received;
AND THAT Council of the Municipality of Bayham denies the request that the fee
for use of the Straffordville Community Centre be waived."
Disposition: Motion Carried Unanimously
(e) Tenders for Supply and Delivery of unleaded gasoline, coloured and clear diesel fuels.
File: F18
99-264 Moved by D. Mason
Seconded by C. Evanitski
"THAT the tenders for the supply and delivery of fuels be received;
AND THAT Staff prepare a summary and a recommendation for Council's
consideration at the meeting to be held May 20, 1999."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 112 - May 6, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL
(continued)
2. UNFINISHED BUSINESS
No Items.
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated April 29, 1999 from Ray Maddox, Chairman, Ratepayers of
Bayham regarding the proposed Sewage Project. Rescheduled to May 20, 1999.
File: E01
(b) Correspondence dated May 7, 1999 from the Minister of the Environment Norman W
Sterling regarding the bump-up request.
File: E01
99-265 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated May 7, 1999 from the Minister of the
Environment,Norman W. Sterling be received for information."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
MOTION TO EXTEND MEETING
99-266 Moved by C. Evanitski
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 regular meeting of May 6, 1999."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
99-267 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session
of Committee of the Whole to discuss personnel and property matters."
Disposition: Motion Carried Unanimously
99-268 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Committee of the Whole do now rise from the"In Camera" Session
without reporting."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 113 - May 6, 1999
11. COMMITTEE OF THE WHOLE (continued)
1. CORRESPONDENCE&REPORTS
(a) Confidential correspondence dated April 20, 1999 regarding a property matter.
File: LO
(b) Confidential correspondence regarding a personnel matter.
File: H07
(c) Verbal report regarding a confidential property matter.
2. UNFINISHED BUSINESS
No Items.
12. BY-LAWS
By-law Z405-99 A By-law to amend zoning by-law 2387 (Gascho)
By-law Z406-99 A By-law to amend zoning by-law 2387 (Dyck)
By-law Z407-99 A By-law to amend zoning by-law 2387 (Cus)
99-269 Moved by D. Mason
Seconded by C. Evanitski
"THAT By-laws Z405-99, as amended,Z406-99 and Z407-99, as amended, be read a
first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 99—32 A By-law to confirm all actions of Council
99-270 Moved by C. Evanitski
Seconded by D. Mason
"THAT By-law 99 - 32 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 114 - May 6, 1999
13. ADJOURNMENT
99-271 Moved by C. Evanitski
Seconded by D. Mason
"THAT the meeting be adjourned at 11:00 p.m."
Disposition: Motion Carried Unanimously
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