HomeMy WebLinkAboutJune 21, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Monday,June 21, 1999
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Monday, June 21, 1999 in the Council Chambers. Present were Mayor Max Stewart,
Councillors David Mason, John Nezezon, and Cliff Evanitski,Administrator/Treasurer Lynn S.
Buchner, and Clerk Lynda Millard.
The meeting had been rescheduled from June 17th due to the death of Deputy Mayor Jack Petrie
on Tuesday, June 15, 1999.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 7:00 p.m. and requested those present
to stand for a moment of silence in remembrance of Deputy Mayor Petrie.
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 Public Meeting held May 26, 1999
Minutes of the Regular Meeting held June 3, 1999
99-325 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the minutes of the public meeting of the Municipality of Bayham held May
26, 1999 be approved."
Disposition: Motion Carried Unanimously
99-326 Moved by J. Nezezon
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held June
3, 1999 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 1.m.—Janet McAllister Pro!ram Consultant Centre for Addiction and
Mental Health, and Michelle Perfect, Public Health Nurse,Elgin St. Thomas Health
Unit presented a Draft Alcohol Policy for the Municipality.
Item 9.1(f)
(b) Maureen Beatty, Co-ordinator of Planning,regarding
Items 6.1(a), 6.1(b), 6.1(c), 6.1(d), 6.2(a), 8.1(a), 9.1(c), 11.1(a)
COUNCIL MINUTES - 143 - June 21, 1999
4. DELEGATIONS (continued)
(c) 8:00 p.m. - Deb Travis, representative, Port Burwell Recreation Society,made a
presentation regarding Tub Daze in Port Burwell.
Item 9.1(g)
5. INFORMATION ITEMS
99-327 Moved by J.Nezezon
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 Municipal Alcohol Policy Committee meeting held April 26,
1999.
File: C06
(b) Correspondence dated June 10, 1999 from the Ontario Wooded Hills Group Workcamps
regarding a summer project in East Elgin in the Year 2000.
File: A01
(c) Correspondence dated May 26, 1999 from the Seniors' Secretariat regarding activities in
celebration of the International Year of Older Persons.
File: A16
(d) Correspondence dated June 1, 1999 from the Ministry of Natural Resources regarding
rabies vaccine bait drops.
File: A16
(e) Correspondence dated May 26, 1999 from Fisheries and Oceans Canada regarding
Operational Statement for 1999 Commercial Dredging Proposals in Ontario.
File: A16
(f) "Elgin Trees" a Guide to Heritage Trees in East Elgin.
File: E04
(g) Correspondence dated June 2, 1999 from Allan Spicer,Harbour Lights.
File: C13
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Official Plan Amendment Application and Rezoning Application by David and Peggy
Shelly to change the designation of a parcel of land described as Part Lot 16 Concession
3, at the south-east corner of Plank Road and Light Line to facilitate the severance of a
.85 ha parcel to merge with St. Luke's Cemetery for cemetery expansion purposes and to
sever a .57 ha parcel for estate residential purposes.
File: D09, D14
COUNCIL MINUTES 144 - June 21, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
99-328 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the applications submitted by St. Luke Cemetery on behalf of property
owners David and Peggy Shelly to amend the Township of Bayham Official Plan
and Zoning By-law to change the designation of a parcel of land described as Part
Lot 16,Concession 3 at the south-east corner of Plank Road and Light Line to
facilitate the severance of an .85 ha parcel to merge with the St. Luke Cemetery for
cemetery expansion purposes and to sever a .57 ha parcel for estate residential
purposes be accepted and referred to Cumming Cockburn Limited and staff for
review and scheduling of a public meeting and by-law amendment preparation;
AND THAT the applicant be directed to amend the application to ensure that the
frontage of the rural estate residential lot meets the minimum frontage requirement
of 50 metres, in accordance with the zoning by-law."
Disposition: Motion Carried Unanimously
(b) County of Elgin Land Division Committee Consent Application E 53199 submitted by
Paul and Mary DeCloet,to sever a lot with a frontage of 30.86 metres along County Road
44 (Eden Line) by a depth of 66 metres, proposed to create one new lot for residential
purposes.
File: D10
99-329 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-53/99 by Paul and Mary DeCloet to sever a lot with a frontage of
30.86 m along Eden Line by a depth of 66 m containing one house and one garage
proposed to create one new lot for residential purposes and the eventual
development of additional residential lots subject to the following conditions:
• That the severed parcel be rezoned to "Hamlet Residential",the easterly
retained parcel be rezoned to "Special Hamlet Residential"with a holding
symbol to prevent development until the municipal sewage project proceeds; the
westerly retained parcel be rezoned to "Special Future Development"
• Payment of$1000 cash in lieu of park land dedication
• Payment of$40 for a 9-1-1 municipal address sign,if required
• Any survey plan prepared be deposited with the Municipal Clerk
• Severed lot will require the installation of a new field bed to the satisfaction of
the Chief Building Official and include the payment of applicable fees and
conducting applicable soil percolation tests as deemed necessary."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 145 - June 21, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(c) Staff Report D99008 regarding Mutual Release—James Bradley Howe and Ronald Craig
Howe, Part Lots 16 and 17, Concession 3, RP 11 R-6249 Part 1.
File: L04
99-330 Moved by D. Mason
Seconded by J.Nezezon
"THAT Staff Report D99008 be received;
AND THAT By-law 99-42,being a by-law to authorize the Mayor and Clerk to
executive a Mutual Release with James Bradley Howe and Ronald Craig Howe,
owners of land described as Part Lot 17, Concession 3, designated as PART 1 on
Reference Plan 11R-6249 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report D99009 regarding a request for stopping up, closing and conveying of a road
allowance situated between Lots 25 and 26, Concession South Gore (part of the former
Coyle Road),northerly from Jackson Line, submitted by Zygmut and Rebecca Dygos.
File: D02
99-331 Moved by J. Nezezon
Seconded by D. Mason
"THAT the correspondence dated May 14, 1999 from Zygmunt and Rebecca Dygos
requesting the Municipality of Bayham to convey to them the road allowance
between Lots 25 and 26, Concession South Gore be received;
AND THAT Staff be directed to investigate the legal status of the subject road
allowance, and contact the adjacent property owner in order to obtain an indication
of their interest in participating in the closure, and to prepare the necessary
advertisement and authorizing by-law to stop up, close and convey the said road
allowances."
Disposition: Motion Carried Unanimously
(e) Memo dated June 17, 1999 from Councillor Mason regarding Harbour Front
Development.
File: C11
99-332 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Memo dated June 17, 1999 from Councillor Mason be received for
information;
AND THAT Staff be directed to contact the major property owner along the east-
side of the harbour and to inquire about future plans for the area."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report D99003 regarding Port Burwell Harbour. From March 18, 1999
File: L04
COUNCIL MINUTES - 146 - June 21, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
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
(c) 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
99-333 Moved by C. Evanitski
Seconded by J. Nezezon
"THAT the correspondence dated May 31, 1999 from Paula Neice,Regional Trails
Co-ordinator be received;
AND THAT the correspondence dated May 12, 1999 from the County of Elgin be
received;
AND THAT the Council of the Municipality of Bayham supports in principle,the
Trans Canada Trail passing through the Municipality along County Road#42;
AND THAT Council is desirous of striking a Bayham Trans Canada Trail
Committee consisting of five members,one member of Council, one member of
Staff, and one member from each of the three municipal wards;
AND THAT Mayor Stewart and Administrator L.Buchner be appointed as
representatives of Bayham to sit on the Elgin-St. Thomas Canada Trail
Committee."
Disposition: Motion Carried
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
No Items.
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES - 147 - June 21, 1999
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
CORRESPONDENCE& REPORTS
(a) Staff Report P99010 regarding Gospel Hall Tent Meetings at Voth Sales& Service,
10816 Plank Road.
File: P06
99-334 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the request from Jim Bergsma on behalf of the Gospel Hall Church to erect
a meeting tent on property owned by Frank and Margaret Voth,being Part Lots 20
and 21, Concession 8, for evening meetings commencing July 4th, 1999 for a period
of approximately four weeks be approved subject to the following conditions:
1) The applicable municipal building permit and sign permit be obtained from
the Chief Building Official and the necessary inspections undertaken;
2) All required permit fees be paid to the Municipality of Bayham;
3) Approval be obtained from the County of Elgin Engineer with respect to
access from Plank Road and the placement of signs;
4) The property owner and/or agent be directed to notify in writing all
surrounding property owners within 120 m of the subject site,the Bayham
Fire Chief, and the Ontario Provincial Police of the details of the proposal."
Disposition: Motion Carried Unanimously
(b) Correspondence dated June 8, 1999 from William Gheysen, Secretary,Vienna Lions
Club requesting permission to install signage at the north and south entrances to Vienna.
File: C13
99-335 Moved by C. Evanitski
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 approves the Vienna Lions
Club proposal to install signage at the north and south entrances to Vienna,subject
to requirements as determined by the Chief Building Official, and approval by the
County of Elgin;
AND THAT the signage permit fees be hereby waived."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES - 148 - June 21, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL
Y. CORRESPONDENCE&REPORTS
(a) Cheque Register for the period ending June 15, 1999, being cheques#2339 to
#2405 inclusive, and Cash Requirements for the period ending June 30, 1999.
File: F10.3
99-336 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Cheque Register for cheque numbers 2339 to 2405 inclusive,and the
Cash Requirements for the period ending June 30, 1999 be approved."
Disposition: Motion Carried Unanimously
(b) VOID
(c) Consideration of tenders for the dredging of the harbour in Port Burwell.
File: F18
99-337 Moved by D. Mason
Seconded by C. Evanitski
"THAT the quotation for harbour dredging submitted by Higgs & Higgs Inc. in the
total amount of$ 13,021.73 be accepted subject to equal financial support from
Small Craft Harbours;
AND THAT the Mayor and Clerk be authorized and directed to enter into a
contract undertaking the dredging project described as Option "B" at a depth of 10
feet;
AND THAT with respect to the disposal of the dredged material, Council directs
that Staff propose to Small Craft Harbours a means of disposing and utilizing the
dredged material described as Alternative "A" on the map submitted by Councillor
Mason;
AND THAT Staff be directed to obtain the necessary government approvals to
proceed with the project as soon as possible."
Disposition: Motion Carried Unanimously
(d) Staff Report H99006 regarding Human Resource Training.
File: H12
99-338 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report 1199006 regarding Human Resource Training be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 149 - June 21, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
1. CORRESPONDENCE&REPORTS
(e) Correspondence dated May 31, 1999 from the Ontario Brain Injury Association
requesting permission to sell Rainbow T.V. Bingo cards at retail locations in Bayham
under Lottery License#M55129.
File: P09
99-339 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated May 31, 1999 from the Ontario Brain Injury
Association be received;
AND THAT the Council of the Municipality of Bayham approves the request to sell
Rainbow T.V. Bingo cards at retail locations in the Municipality of Bayham."
Disposition: Motion Carried Unanimously
(f) Draft Alcohol Policy for municipal owned facilities.
File: A09
99-340 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Draft Alcohol Policy for Bayham municipal owned facilities be received;
AND THAT the Draft Alcohol Policy be made available for comment to municipal
staff, local service clubs,user groups and interested individuals;
AND THAT all comments including those from Council members, be submitted to
the Municipal Alcohol Committee by September 30, 1999 for consideration, and
subsequent return to Council for approval."
Disposition: Motion Carried Unanimously
(g) Correspondence dated June 10, 1999 from Deb Travis, Port Burwell Recreation Society
regarding Tub Daze.
File: C13
99-341 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated June 10, 1999 from Deb Travis,Port Burwell Recreation
Society be received;
AND THAT Council approves use of the east beach for Tub Daze celebration activities to be
held July 31 and August 1, 1999,subject to:
• the applicable municipal building permit and/or sign permits be obtained from the
Chief Building Official and the necessary inspections undertaken;
• all required permit fees be paid to the Municipality of Bayham;
a providing the municipality with proof of certification for the pyrotechnician who will be
responsible for the fireworks;
• providing the municipality with proof of insurance to cover all events including naming
the municipality as an additional insured;
• obtaining the necessary approvals from the Ontario Provincial Police and the Bayham
Fire Chief."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 150 - June 21, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(h) Correspondence received June 15, 1999 from Paul Baldwin,Chairman,East Elgin
Millenium Committee, requesting Council support for a joint East Elgin Main Street
Ontario funding application submission.
File: F05
99-342 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated June 15, 1999 from Paul Baldwin, Chairman,
East Elgin Millenium Committee be received;
AND THAT Council of the Municipality of Bayham supports the submission of a
joint East Elgin Main Street Ontario funding application pending no obligation to
the Municipality of Bayham;
AND THAT the Bayham share of the grant allotted be earmarked for the support of
an historic mural proposed for the south wall of Stephenson's Fresh Mart (Red and
White) Store in Port Burwell."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) City of London correspondence dated June 7, 1999 to the Minister of the Environment
regarding the Elgin Area Primary Water Supply System.
File: E08
99-343 Moved by J.Nezezon
Seconded by D. Mason
"THAT the correspondence dated June 7, 1999 from the City of London be
received;
AND THAT the Council of the Municipality of Bayham supports the resolution
passed June 1, 1999 by the Elgin Area Primary Water Supply System Provisional
Joint Board of Management;
AND THAT the Minister of the Environment be advised accordingly."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES - 151 - June 21, 1999
11. COMMITTEE OF THE WHOLE
99-344 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 property matters."
Disposition: Motion Carried Unanimously
99-345 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
I. CORRESPONDENCE&REPORTS
(a) Confidential Staff Report D990011 regarding a property matter.
File: T09
2. UNFINISHED BUSINESS
No Items.
12. BY-LAWS
By-law 99—42 A By-law to authorize the Mayor and Clerk to execute a mutual
release with J. B. Howe and R.C.Howe for property described as
Part Lot 17, Cone 3, designated as Part 1 RP 11R-6249
99-346 Moved by D. Mason
Seconded by J.Nezezon
"THAT By-law 99-42 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 99—44 A By-law to confirm all actions of Council
99-347 Moved by J. Nezezon
Seconded by D. Mason
"THAT By-law 99-44 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 152 - June 21, 1999
13. ADJOURNMENT
99-348 Moved by D. Mason
Seconded by J. Nezezon
"THAT the meeting be adjourned at 10:00 p.m."
Disposition: Motion Carried Unanimously
0-1 C JERK
Date approved: Q<_l 2_ct