HomeMy WebLinkAboutMay 20, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF TILE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,May 20, 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 20, 1999 in the Council Chambers. Present were Mayor Max Stewart,
Councillors David Mason and John Nezezon,Administrator/Treasurer Lynn S. Buchner,and
Clerk Lynda Millard. Deputy Mayor Jack Petrie and Councillor Cliff Evanitski were 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. APPROVAL OF MINUTES
Minutes of Special Public Meeting held April 29, 1999
Minutes of the Regular Meeting held May 6, 1999
99-272 Moved by D. Mason
Seconded by J.Nezezon
"THAT the minutes of the special public meeting of the Municipality of Bayham
held April 29, 1999 be approved, as amended."
Disposition: Motion Carried Unanimously
99-273 Moved by J.Nezezon
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held May
6, 1999 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) Maureen Beatty,Co-ordinator of Planning,regarding
Items 6.1(a),6.1(b), 6.2(a),6.3
(b) 7:15 p.m.—C. Valerie Donnell, Shelly CIark,representatives Save Our Library in
Vienna delegation regarding the proposed closing of the Vienna Public Library.
Item 8.1(c)
(c) 7:45 p.m. -Rob Davies and Ross Learn,representatives Calton Community Hall
regarding
Item 9.1(g)
COUNCIL MINUTES - 116- May 20, 1999
4. DELEGATIONS (continued)
(d) 8:00 p.m.—Ray Maddox, Chairman,Ratepayers of Bayham,regarding
Item 10.1(a)
5. INFORMATION ITEMS
99-274 Moved by J. Nezezon
Seconded by D. Mason
"THAT Information Items 5(a) through 5(j), except 5(b) be received and filed;
AND THAT Item 5(b) be added to the next Council agenda for consideration."
Disposition: Motion Carried Unanimously
(a) Minutes of the Bayham Community Economic Development and Tourism Striking
Committee meetings held March 29 and April 22, 1999.
File: C06
(b) Correspondence dated May 3, 1999 from Parks&Recreation Ontario regarding
membership.
File: R05
(c) Correspondence dated May 5, 1999 from the Ministry of Finance regarding proposed
reduction in the education tax rates.
File: A16
(d) Correspondence dated May 4, 1999 from the Association of Municipalities of Ontario
regarding the 1999 Ontario Budget.
File: A01
(e) Middlesex-Elgin-Oxford Community Leaders' Letter, May-June 1999 edition.
File: MO7
(f) Elgin CDC Newsbeat Newsletter, Spring 1999 Volume 10.
File: M07
(g) Correspondence dated April 21, 1999 from the Ontario Good Roads Association(OGRA)
regarding the collection of data on Municipal Roads in Ontario.
File: AO1
(h) Correspondence dated April 23, 1999 from the County of Elgin regarding 1999 County
Rates.
File: A16
(i) Government of Ontario Local Services Realignment 1999 Annual Estimate.
File: P 17LSR
(j) Correspondence dated April 16, 1999 from Andy Valickis,Project Manager, Ontario
Clean Water Agency.
File: E01
COUNCIL MINUTES - 117 - May 20, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Consent Application E-41/99 submitted by Danny and Theresa MacDonald,to sever a
parcel of land with a frontage of 40.64 metres along Plank Road, and a depth of 45.72
metres,proposed to create one residential building lot.
File: D10
99-275 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 E-41/99 by Danny and Theresa MacDonald to sever a parcel of land
with a frontage of 40.64 metres along Plank Road by a depth of 45.72 metres,to
create one residential building lot in the Hamlet of Eden subject to the following
conditions:
• Payment of$500 cash in Iieu of park land dedication
• A copy of any survey plan prepared to be deposited with the Municipal Clerk
• That the Chief Building Official be satisfied with the results of a percolation test
to confirm there is a level area free of trees for the installation of a sewage
system and a contingency area ;
AND THAT the Municipality of Bayham acknowledges that access from Plank
Road shall be to the satisfaction of the County of Elgin Engineer."
Disposition: Motion Carried Unanimously
(b) Consent Application E-49/99 submitted by Bruce and Patsy Ketchabaw, to sever a parcel
of land with a frontage of 61 metres along Heritage Line(County Road 38), and a depth
of 61 metres, proposed to create one new building lot for retirement purposes.
File: D10
99-276 Moved by D. Mason
Seconded by J.Nezezon
"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 E-49199 by Bruce and Patsy Ketchabaw to sever a parcel of land with a
frontage of 61 metres along Heritage Line by a depth of 61 metres,proposed to
create one new lot for retirement purposes subject to the following conditions:
• Payment of$500 cash in lieu of park land dedication
• Payment of$40 cash for the purchase and installation of a 9-1-1 Municipal
Address Sign
• A copy of any survey plan prepared to be deposited with the Municipal Clerk
AND THAT the Municipality of Bayham acknowledges that access from Heritage
line shall be to the satisfaction of the County of Elgin Engineer."
Disposition: Motion Carried Unanimously
(c) Correspondence dated May 12, 1999 from the County of Elgin requesting participation in
the development of the Trans Canada Trail.
File: A16
COUNCIL MINUTES - 118 - May 20, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
(a) Staff Report D99003 regarding Port Burwell Harbour. From March 18, 1999
File: L04
Maureen Beatty, Planning Co-ordinator advised Council that depth soundings had been
conducted and that quotations for dredging will be requested from five companies.
3. PUBLIC MEETING
99-277 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 Municipal Act."
Disposition: Motion Carried Unanimously
1. Purpose
In accordance with the Municipal Addressing Program,to address the duplication of
names of highways, streets and roads, and to correct errors and omissions.
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
Maureen Beatty,Planning Co-ordinator advised that comments had been received only
on the proposed street name changes for Front Street to Plank Road in Vienna and
George Street to Bodsworth Lane in Port Burwell,noting that any additional changes to
be considered would require additional advertising.
4. Public Comments
There was discussion regarding possible consideration that George Street in Port Burwell
be renamed Wilder rather than Bodsworth Lane.
5. Council Comments and Questions
Council members discussed options in regard to the comments from the public regarding
the name change from George Street to Bodsworth Lane.
6. Adjournment
99-278 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Public Meeting be adjourned at 7:49 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 119 - May 20, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
7. Disposition of Items
99-279 Moved by D. Mason
Seconded by J.Nezezon
"THAT By-law 99-- 16, being a by-law to repeal By-law 96-22, a by-law to change
or assign names to highways, streets and roads be presented to Council for
enactment;
AND THAT staff be authorized and directed to:
• register a certified true copy of By-law 99-16 in the Registry Office for the
Registry Division of Elgin(No. 11)
• forward by pre-paid first class mail notification of the enactment of By-law 99-
16 to all applicable parties, including affected property owners,boards, agencies
and utilities
• purchase and install new road name signs in accordance with By-law 99-16."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
No Items.
2. UNFINISHED BUSINESS
No Items.
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Correspondence dated May 12, 1999 from the County of Elgin regarding the closing of
the Vienna Public Library.
File: A16
(b) Staff Report L99002 regarding a Draft Lease for Vienna property.
File: L07
COUNCIL MINUTES - 120 - May 20, 1999
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
1. CORRESPONDENCE&REPORTS
(c) Petition and correspondence dated May 13, 1999 from C. Valerie Donnell and Shelly
Clark regarding the proposed Vienna Library closing.
File: C13
99-280 Moved by D. Mason
Seconded by J. Nezezon
WHEREAS the Vienna Library is a public institution;
AND WHEREAS Vienna residents have shown tremendous support for their
library through a petition to keep their library open;
AND WHEREAS it is questionable that Council's discussion to close the library
should have taken place in Committee of the Whole since such business does not fall
within the criteria listed in the Municipal Act, Section 55 for Committee business;
AND WHEREAS the Vienna Public Library is vital for the continuance and spread
of information technology and literacy and leisure reading;
AND WHEREAS such closure will place undue difficulties upon its users and
especially those without transportation;
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham moves to reconsider the motion 99-238 to close the Vienna Library."
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#2218 to
# 2272 inclusive, and Cash Requirements for the period ending May 31, 1999.
File: F10.3
99-281 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Cheque Register for cheque numbers 2218 to 2272 inclusive, and the
Cash Requirements for the period ending May 31, 1999 be approved."
Disposition: Motion Carried Unanimously
(b) Application dated May 10, 1999 to conduct a Raffle Lottery to be held September 15,
1999, submitted by St. Joseph's Roman Catholic Church.
File: P 11
(c) Application dated May 10, 1999 to conduct a Raffle Lottery to be held November 28,
1999, submitted by St. Joseph's Roman Catholic Church.
File: P 11
COUNCIL MINUTES - 121 - May 20, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(b) (c) 99-282 Moved by J. Nezezon
Seconded by D. Mason
"THAT the applications dated May 10, 1999 submitted by St. Joseph's Catholic
Church to conduct Raffle Lotteries to be held September 15, 1999 and November
28, 1999 be approved."
Disposition: Motion Carried Unanimously
(d) Staff Report F99006 regarding Tax Arrears.
File: F27
99-283 Moved by D. Mason
Seconded by J. Nezezon
"THAT Staff Report F99006 be received for information."
Disposition: Motion Carried Unanimously
(e) Staff Report F99005 regarding Fuel Tenders.
File: F18
99-284 Moved by J. Nezezon
Seconded by D. Mason
"THAT the tender for the supply and delivery of unleaded gasoline, coloured and
clear diesel fuels for the period from July 1, 1999 to December 31,2000 submitted
by Dave Lippert Fuels Ltd. for the following prices,net of GST,
UNLEADED COLOURED CLEAR
0.4830 0.2480 0.4050
be accepted."
Disposition: Motion Carried Unanimously
(f) Staff Report H99004 regarding Human Resource Training.
File: H12
99-285 Moved by D. Mason
Seconded by J.Nezezon
"THAT Staff Report H99004 regarding Human Resource Training be received;
AND THAT Council of the Municipality of Bayham hereby approves
Administrator/Treasurer Lynn Buchner to attend the `Human Resource
Management in Action' course to be held at Queen's University,Kingston from
June 6—June 10th."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 122- May 20, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(g) Calton Community Hall Building Improvement Funding Request.
File: F05
99-286 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Calton Community Hall Building Improvement Funding request be
received;
AND THAT Council consider the request during 1999 budget deliberations."
Disposition: Motion Carried Unanimously
(h) Memorandum dated May 20, 1999 from Councillor Mason regarding Canada Day
expenses.
File: F
99-287 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Memorandum dated May 20, 1999 from Councillor Mason
be received;
AND THAT Council approves a budget for Port Burwell Canada Day expenses of
$650."
Disposition: Motion Carried Unanimously
(i) Staff Report F99007 regarding JEPP Funding.
File: F l i
99-288 Moved by J. Nezezon
Seconded by D. Mason
"THAT Staff Report F99007 regarding JEPP Funding be received;
AND THAT Staff be directed to proceed with the Business Plan to establish an
emergency plan as approved by the Ministry of the Solicitor General and
Correctional Services for JEPP Funding in the current fiscal year."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 123 - May 20, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
I. CORRESPONDENCE&REPORTS
(j) Staff Report F99004 regarding Participation in"ONE—The Public Sector Group of
Funds".
File: F21
99-289 Moved by D. Mason
Seconded by J. Nezezon
"WHEREAS The Corporation of the Municipality of Bayham (the "Municipality")
is at present a municipal investor in "ONE - The Public Sector Group of Funds"
undertaking joint investments with other such municipal investors;
AND WHEREAS "ONE-The Public Sector Group of Funds" is currently available
for continued participation and meets all of the requirements of a sound joint
municipal investment fund. It is proposed that the Municipality authorize the
continuation of its participation in the Money Market and Bond Funds so that
current investments may be maintained;
AND WHEREAS "ONE - The Public Sector Group of Funds" intends to develop
additional investment vehicles, in addition to the Money Market and Bond Funds, in
the future;
NOW THEREFORE BE IT RESOLVED THAT the Treasurer be authorized to
execute on behalf of the Municipality any documents necessary to participate in
Funds provided by "ONE - The Public Sector Group of Funds";
AND FURTHER THAT By-law No.99-37 for this purpose be presented to Council
for enactment."
Disposition: Motion Carried Unanimously
(k) Resolution to reschedule the regular meeting of Council to June 29th from July 1, 1999,
due to Canada Day holiday.
99-290 Moved by J. Nezezon
Seconded by D. Mason
"THAT, notwithstanding Section 4 of the Procedural By-law 98-02, the regular
meeting of the Council of the Municipality of Bayham to be held Thursday,
July 1, 1999,be rescheduled to Tuesday,June 29, 1999 at 7:00 p.m."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES - 124- May 20, 1999
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Correspondence dated April 29, 1999 from Ray Maddox, Chairman, Ratepayers of
Bayham regarding the proposed Sewage Project.
Mr. Maddox requested that the cost burden and risks of the sewer project be shouldered
by all ratepayers in Bayham, not just the 441 proposed user households, noting that all
taxpayers in the Municipality will share in the costs associated with maintenance of the
harbour in Port Burwell. He also questioned that, should the project fail to meet the
proposed expectations in regard to water quality, and repayment of the grant be
necessary, will this be allocated as well to the user households or borne by the entire
municipality? Mr. Maddox asked whether Developer Charges in the range of$2,000 to
$3,000 were considered as opposed to hook-up charges. It was suggested that Councillor
J. Nezezon should have declared a conflict of interest in regard to farmland he owns
adjacent to Chapel Street, Vienna, and that he be dismissed as Councillor and replaced.
File: E01
99-291 Moved by D. Mason
Seconded by J.Nezezon
"THAT the correspondence dated April 29, 1999 from Ray Maddox, Chairman,
Ratepayers of Bayham be received for information."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
11. COMMITTEE OF THE WHOLE
99-292 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 personnel and property matters."
Disposition: Motion Carried Unanimously
99-293 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Committee of the Whole do now rise from the"In Camera" Session and
report."
Disposition: Motion Carried Unanimously
CORRESPONDENCE& REPORTS
(a) Confidential correspondence dated April 20, 1999 regarding a property matter. From
May 6, 1999
File: LO
(b) Confidential Staff Report H99005 regarding a personnel matter.
File: H03
COUNCIL MINUTES - 125 - May 20, 1999
11. COMMITTEE OF THE WHOLE (continued)
I. CORRESPONDENCE& REPORTS
(c) Confidential Staff Report L99001 regarding property matter.
File: L07
99-294 Moved by J. Nezezon
Seconded by D. Mason
"THAT the Treasurer be authorized to issue debentures from the Corporation of the
Municipality of Bayham Cemetery Care and Maintenance Fund to the credit of the
Corporation,in the amount of S 97,000.00 being the amount offered for the purchase
of real property;
AND THAT the debentures shall be made payable within five (5) years from the date
of issue and shall bear interest at a rate of 6.5 % per annum;
AND THAT payment shall be made each year on the 31st day of May to redeem
principal and interest;
AND THAT By-law No.99-31 being a by-law to authorize the purchase
of real property comprising of Part Block Hazen and Part Block
McNaughton,Plan 205,9299 Plank Road(West Side),Straffordville,in
the Municipality of Bayham be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Tenders for Port Burwell property.
The Administrator advised that no tenders had been received.
(e) The Administrator advised that correspondence had been received May 20, 1999 from
Tony Csinos, on behalf of the Concerned Citizens of South Bayham.
99-295 Moved by D. Mason
Seconded by J. Nezezon
"THAT the correspondence received on May 20, 1999 from Tony Csinos on behalf
of the Concerned Citizens of South Bayham be received and filed."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Confidential correspondence regarding a personnel matter. From May 6, 1999.
File: H07
12. BY-LAWS
By-law 99— 16 A By-law to Repeal By-law 96-22, a by-law to change or assign
names to highways, streets and roads
By-law 99 —31 A By-law to authorize the purchase of real property
By-law 99—37 A By-law to provide an Agreement with Chums Financing
Corporation,Local Authority Services Limited and Eligible
Investors
COUNCIL MINUTES - 126 - May 20, 1999
12. BY-LAWS (continued)
99-296 Moved by D.Mason
Seconded by J. Nezezon
"THAT By-laws 99-16, 99-31 and 99-37 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
By-law 99—38 A By-law to authorize the Mayor and Administrator/Treasurer to
execute a lease agreement with Lydia Laine
By-law 99—39 A By-law to confirm all actions of Council
99-297 Moved by D. Mason
Seconded by J.Nezezon
"THAT By-law 99-39 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-298 Moved by J. Nezezon
Seconded by D. Mason
"THAT the meeting be adjourned at 10:08 p.m."
Disposition: Motion Carried Unanimously
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C ERK
Date approved: 9.ut 3/U