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HomeMy WebLinkAboutJune 03, 1999 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,June 3, 1999 7:00 p.m. The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m_ on Thursday, June 3, 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 the Regular Meeting held May 20, 1999 99-299 Moved by J.Nezezon Seconded by D. Mason "THAT the minutes of the regular meeting of the Municipality of Bayham held May 20, 1999 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—Paula Neice, Regional Co-Ordinator,Trans Canada Trail,was present regarding the concept of a Trans Canada Trail. Item 6.1(b) Ms.Neice gave an outline of a Canadian ocean to ocean trail proposed to be 15,000 km in length. The 4,000 km portion in Ontario is supported by the Ontario Trails Council, a non-profit organization. It is distinctive in that it will be publicly owned with access to anyone without membership. The proposal is built on community interest using abandoned railways, conservation areas, Provincial Parks and private lands with rights of easement. Once a Memorandum of Understanding is in place, funding support(raised by donation) is available from the Trans Canada Trail Foundation up to $40 per metre. The four salaried staff members are funded through the Federal and Provincial Millenium Programs. Individuals who make donations have their names engraved on a plaque placed locally in a pavilion,the cost of which is covered by the Foundation, while the property is being contributed by local supporters. It is intended that official opening will take place on September 9, 2000,with the completion of an ocean water relay from the Atlantic to the Pacific Ocean. COUNCIL MINUTES - 132 - June 3, 1999 4. DELEGATIONS (continued) (a) It is anticipated that Elgin municipalities will participate with a celebration of local interest. Resolutions from each Council in Elgin County to work together in this effort is requested, along with appointment of a representative to a committee. The mandate of the committee will be to propose a route to be followed by the trail in Elgin. (b) Ed Roloson,Wastewater/Water Works Superintendent,regarding Item 8.1(b), 10.1(a) (c) Dwayne Daniel, Chief Building Official,regarding Items 8.1(d), 11.1(a) 5. INFORMATION ITEMS 99-300 Moved by J. Nezezon Seconded by D. Mason "THAT Information Items 5(a)through 5(i) be received and filed." Disposition: Motion Carried Unanimously (a) Minutes of the Bayham Community Policing Committee meeting held April 21, 1999. File: C06 (b) Minutes of the Bayham Special Events Committee meeting held April 29, 1999. File: C06 (c) Correspondence dated May 20, 1999 from the Ministry of Natural Resources regarding Low Water Levels in South and Central Ontario. File: A16MNR (d) Election Watch '99 correspondence dated May 20, 21, 24 and 26, 1999 from the Association of Municipalities of Ontario. File: A01 (e) Cowan News Letter,May 1999 edition. File: M07 (f) Ontario Good Roads Association Municipal Routes, March/April 1999 and correspondence dated May 5, 1999. File: M07 (g) Invitation to the Grand Opening of VON Volunteer Programs,from the Victorian Order of Nurses. File: A04 (h) Minutes of the Long Point Region Conservation Authority meeting held May 5, 1999. File: A16 (i) Memo dated May 25, 1999 from the Thames Valley District Health Council regarding Y2K Emergency Preparedness and Contingency Planning. File: A04 COUNCIL MINUTES - 133 - June 3, 1999 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Correspondence dated May 3, 1999 from Parks&Recreation Ontario (from May 20th) and Ontario Parks Association regarding membership. File: R05 99-301 Moved by D. Mason Seconded by J. Nezezon "THAT the correspondence dated May 3, 1999 from Parks & Recreation Ontario, and from the Ontario Parks Association be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated May 31, 1999 from the Paula Neice, Regional Trails Co-Ordinator regarding support for the development of the Trans Canada Trail. File: A01 2. UNFINISHED BUSINESS (a) Staff Report D99003 regarding Port Burwell Harbour. From March 18, 1999 File: L04 2. UNFINISHED BUSINESS (b) Correspondence dated May 12, 1999 from the County of Elgin requesting participation in the development of the Trans Canada Trail.From May 20, 1999 File: A16 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 25, 1999 from Alice Grigg and Linda Barry regarding the proposed closure of the Vienna Public Library. File: C13 99-302 Moved by J.Nezezon Seconded by D. Mason "THAT the correspondence dated May 25, 1999 from AIice Grigg and Linda Barry be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 134 - June 3, 1999 S. PROPERTY,BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE&REPORTS (b) Correspondence dated May 27, 1999 from Wm. Gheysen, Secretary,Vienna Lions Club, requesting permission to install additional playground equipment at the Vienna Memorial Park. File: R05 99-303 Moved by J.Nezezon Seconded by D. Mason "THAT the correspondence dated May 27, 1999 from Wm. Gheysen, Secretary, Vienna Lions Club be received; AND THAT the Council of the Municipality of Bayham grants permission to the Vienna Lions Club to install additional playground equipment at the Vienna Memorial Park subject to applicable installation and safety requirements as determined by Municipal Staff." Disposition: Motion Carried Unanimously (c) Correspondence dated May 14, 1999 from the Otter Valley Amateur Radio Association requesting permission to set up a demonstration station on the beach in Port Burwell. File: A01 99-304 Moved by D. Mason Seconded by J.Nezezon "THAT the correspondence dated May 14, 1999 from the Otter Valley Amateur Radio Association be received; AND THAT the Council of the Municipality of Bayham grants permission to the Otter Valley Amateur Radio Association to set up a demonstration station, utilizing the municipal hydro service, on the east beach area in Port Burwell, on June 26 and 27, 1999, subject to the following conditions: • proof of adequate general liability insurance coverage naming the Municipality as an additional insured; • maintaining and leaving the premises in a clean and tidy condition; • not to use the premises for anything other than an Amateur radio communication demonstration." Disposition: Motion Carried Unanimously (d) Building Permit Report for the month of May 1999. File: P10 99-305 Moved by D.Mason Seconded by J.Nezezon "THAT the Building Permit Report for the month of May, 1999 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 135 - June 3, 1999 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 2. UNFINISHED BUSINESS (a) Correspondence dated May 12, 1999 from the County of Elgin regarding the closing of the Vienna Public Library. From May 20, 1999 File: A16 99-306 Moved by J. Nezezon Seconded by D. Mason "THAT further to Resolution#99-280 passed by Council of the Municipality of Bayham to reconsider Resolution #99-238 to close the Vienna Public Library; THAT the Council of the Municipality of Bayham request that the County of Elgin keep the Vienna Public Library open for another year; AND THAT the use of the Vienna Public Library be monitored during that time and the decision of closure be made based on the participation of residents by June 30,2000." Disposition: Motion Carried Unanimously (b) Staff Report L99002 regarding a Draft Lease for Vienna property.From May 20, 1999 File: L07 99-307 Moved by J.Nezezon Seconded by D. Mason "THAT Staff Report L99002 be received; AND THAT Council is not desirous of entering into a lease agreement for the former municipal office in Vienna." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register for the period ending June 1, 1999, being cheques#2273 to #2338 inclusive, except#2288, and Cash Requirements for the period ending June 20, 1999. File: F10.3 99-308 Moved by D. Mason Seconded by J.Nezezon "THAT the Cheque Register for cheque numbers 2273 to 2338 inclusive,except cheque#2288, and the Cash Requirements for the period ending June 20, 1999 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 136 - June 3, 1999 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (b) Correspondence received May 31, 1999 from The Royal Canadian Legion Port Burwell— Bayham Ladies Auxiliary#524,requesting donations for the Annual Catfish Derby. Registration is taking place until July 31St. Awards Night will be held August 14, 1999. File: F05 99-309 Moved by D. Mason Seconded by J.Nezezon "THAT the correspondence received May 31, 1999 from the Royal Canadian Legion Port Burwell Bayham Ladies Auxiliary Branch#524 be received; AND THAT THE Council of the Municipality of Bayham support the request for a donation for the Annual Catfish Derby Awards in the amount of$25.00." Disposition: Motion Carried Unanimously (c) Correspondence dated May 25, 1999 from Allan Spicer, Harbour Lights regarding advertising. File: M07 99-310 Moved by J. Nezezon Seconded by D. Mason "THAT the correspondence dated May 25, 1999 from Allan Spicer,Harbour Lights be received and filed." Disposition: Motion Carried (d) Resolutions as passed by the Port Burwell Marine Museum Advisory Committee at the meeting held May 18, 1999 requesting Council consideration. File: F05 99-311 Moved by D. Mason Seconded by J.Nezezon "THAT the resolutions passed by the Port Burwell Marine Museum Advisory Committee at the meeting held May 18, 1999 be received; AND THAT the Council of the Municipality of Bayham will consider the requests during the 1999 budget deliberations." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 137 - June 3, 1999 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (e) Bayham Special Events Committee Memo dated May 31, 1999 regarding the Historical/ Special Events Calendar. File: C13 99-312 Moved by D. Mason Seconded by J. Nezezon "THAT the Bayham Special Events Committee Memo dated May 31, 1999 be received; AND THAT the Council of the Municipality of Bayham hereby approves the request to purchase an additional 1,000 calendars,in the initial run, and the purchase of 3,000 envelopes to put the calendars in." Disposition: Motion Carried Unanimously (f) Canada Millenium Partnership Program application for funding as submitted by the East Elgin Millenium Committee. File: F11 99-313 Moved by J.Nezezon Seconded by D. Mason "THAT Council of the Municipality of Bayham hereby authorizes $.50 per Capita funding for the East Elgin Millenium Committee Program to be included in the 2000 Budget; AND THAT the Canada Millenium Partnership Project Program application for funding as submitted by the East Elgin Millenium Committee be approved with the following amendment: • page 2, fourth paragraph 'the three municipal councils committed $1.00 per resident from their 1999 budgets and$.50 per resident from the 2000 budgets'." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report regarding Port Burwell Wastewater Treatment Plant. File: E03 99-314 Moved by D.Mason Seconded by J.Nezezon "THAT the Staff Report regarding the Port Burwell Wastewater Treatment Plant be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 138 - June 3, 1999 10. ENVIRONMENT (continued) 1. CORRESPONDENCE&REPORTS (b) Correspondence dated May 26, 1999 from J.L. Oliver, General manager, Long Point Region Conservation Authority regarding the Forest Management Plan 2000 - 2019. File: A16 99-315 Moved by J.Nezezon Seconded by D. Mason "THAT the correspondence dated May 26, 1999 from J.L. Oliver, General Manager,Long Point Region Conservation Authority be received; AND THAT the Council of the Municipality of Bayham hereby supports the Forest Management Plan for the Long Point Region Conservation Authority forest properties as submitted." Disposition: Motion Carried Unanimously (c) Correspondence dated May 20, 1999 from Mrs. K. Neumann,member of the Action Committee for a Safe and Clean Environment, regarding the storage and disposal of garbage. File: C13 99-316 Moved by J. Nezezon Seconded by D. Mason "WHEREAS the Council of the Corporation of the Municipality of Bayham at its regular meeting held on May 7, 1998 enacted and passed a resolution declaring that it was satisfied that the use of organic material by Organic Resource Technologies Inc. as a soil conditioning material was considered to be agriculturally related and was prepared to permit the use on lands owned by Willy and Barbara Rycquart, being Part Lots 7,8 and 9, Concession 6; AND WHEREAS the approval was conditional upon the issuance of a Certificate of Approval by the Ministry of Environment and the placement of a storage tank to comply with the minimum distance separation requirements to the satisfaction of the Chief Building Official; AND WHEREAS two public meetings have been held to date to hear concerns of area residents which have been addressed by Organic Resource Technologies Inc. and representatives of the Ministry of Environment and Ministry of Agriculture, Food and Rural Affairs; AND WHEREAS residents continue to express concerns relating to environmental impact and offensive odour and a further letter dated May 20, 1999 has been submitted to the Mayor by Mrs.K. Neumann,Member of the Action Committee for a Safe and Clean Environment requesting a response to specific comments; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: THAT the above noted correspondence from Mrs. K. Neumann be received and forwarded to the Ministry of Environment,Abatement Office, London, Ontario for their files and that Mrs.Neumann be advised that: • Council reiterates its remarks in a letter dated February 28, 1999 addressed to Mr. A. Neumann setting out the review process prior to a decision being made that the organic material is an acceptable practice for soil conditioning as advocated by the Biosolids Utilization Committee; COUNCIL MINUTES - 139 - June 3, 1999 10. ENVIRONMENT (continued) 1. CORRESPONDENCE&REPORTS (c) Resolution 99-316 (continued) • The use, method of application, storage and impacts on the environment are regulatedby the Province of Ontario as set out in the Certificate of Approval issued by the Ministry of Environment who is responsible for responding to complaints and violations; • All complaints and concerns should be directed to the Ministry of Environment Abatement Office,London,in order for the Ministry staff to investigate any suspected violation of the Certificate of Approval and/or any other environmental statutory regulation; and • To date, the Public Works Superintendent has not expressed any concern with regard to deteriorating road conditions resulting from transporting the material to the site; AND THAT Mr. and Mrs.A. Neumann, Action Committee for a Safe and Clean Environment shall be notified when a copy of the monitoring report is received by the Municipality from Organic Resource Technologies Inc." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 11. COMMITTEE OF THE WHOLE 99-317 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 99-318 Moved by I Nezezon 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 No Items. COUNCIL MINUTES - 140 - June 3, 1999 i 1. COMMITTEE OF THE WHOLE (continued) 2. UNFINISHED BUSINESS (a) Confidential correspondence dated April 20, 1999 regarding a property matter. From May 6, 1999 File: LO 99-319 Moved by J.Nezezon Seconded by D. Mason "THAT Staff be directed to forward an offer to purchase the Eden Public School property offered by the Thames Valley District School Board,for a price of $ 91,000.with a closing date of August 30, 1999," Disposition: Motion Carried Unanimously (b) Confidential Staff Report H99005 regarding a personnel matter. File: H03 99-320 Moved by J.Nezezon Seconded by D. Mason "THAT Council of the Municipality of Bayham hereby approves Ed Roloson, Water/Wastewater Superintendent's request to receive additional compensation, effective July 1, 1999; AND THAT Council approves Ed Roloson,Water/Wastewater Superintendent's request for a cell phone; AND THAT By-law 99-41,being a by-law to amend By-law 99-01,a by-law to establish remuneration for Council members and employees of the municipality, as follows: Paragraph 3 Wastewater Treatment Plant/Water Works Superintendent/By-law Enforcement Officer$ 38,460-$43,560; AND THAT By-law 99-41 be presented to Council for enactment." Disposition: Motion Carried Unanimously (c) Quotes for Real Estate listing commission rates were opened. File: F18 99-321 Moved by J.Nezezon Seconded by D. Mason "THAT the Council of the Municipality of Bayham approves the Real Estate listing with Alice Vallee at a commission rate of 5 % of the selling price, as submitted for Port Burwell property described as: 29 Wellington Street,legally described as East Part Lot 12,Plan 12,Village of Port Burwell, Municipality of Bayham." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 141 - June 3, 1999 12. BY-LAWS 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—41 A By-law to amend By-law 99-01, a by-law to establish remuneration for members of Council and Employees 99-322 Moved by D. Mason Seconded by J.Nezezon "THAT By-law 99-41 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously By-law 99—40 A By-law to confirm all actions of Council 99-323 Moved by J. Nezezon Seconded by D. Mason "THAT By-law 99-40 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 99-324 Moved by D. Mason Seconded by J.Nezezon "THAT the meeting be adjourned at 10:15 p.m." Disposition: Motion Carried Unanimously 1440 Date approved: 9,ierr,,e a//9 9 if