HomeMy WebLinkAboutJuly 15, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,July 15, 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, July 15, 1999, in the Council Chambers. Present were Mayor Max Stewart, Deputy
Mayor John Nezezon, Councillors David Mason and Cliff Evanitski, Administrator/Treasurer
Lynn S. Buchner, and Clerk Lynda Millard. Councillor Mathew Schafer 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. APPROVAL OF MINUTES
Minutes of the Regular Meeting held June 29, 1999
Minutes of the Special Meeting held July 8, 1999
99-385 Moved by J.Nezezon
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held June
29, 1999 be approved."
Disposition: Motion Carried Unanimously
99-386 Moved by D. Mason
Seconded by J.Nezezon
"THAT the minutes of the special meeting of the Municipality of Bayham held July
8, 1999 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Mark Thornton, representative,Port Burwell Recreation Society,was
present regarding Tub Daze activities.
Item 6.1(e)
(b) Maureen Beatty, Co-ordinator of Planning,regarding
Items 6.1(a), 6.1(b), 6.1(c), 6.1(d), 6.3(a), 6.3(b)
(c) Dwayne Daniel, Chief Building Official,regarding
Items 8.1(a), 8.1(b), 8.1(c)
COUNCIL MINUTES - 172 - July 15, 1999
4. DELEGATIONS (continued)
(d) 8:30 p.m.—John M. Scott,C.A. Partner,Graham Scott Enns,Chartered
Accountants,was in attendance to present the 1998 Audit Report.
Item: 9.1(e)
5. INFORMATION ITEMS
99-387 Moved by D. Mason
Seconded by J.Nezezon
"THAT Information Items 5(a)through 5(h) be received and filed."
Disposition: Motion Carried Unanimously
(a) The Association of Municipalities of Ontario correspondence dated July 5, July 7, and
July 9, 1999 regarding Ontario Deputy Ministers, Federal Government Continues to Face
Lobby on Social Housing Agreement, and Model Gas Franchise Agreement: Update on
AMO's Progress.
File: A01
(b) Ontario Property Assessment Corporation information newsletter dated June 1999.
File: A16
(c) Correspondence dated June 30, 1999 from Natural Resource Gas Limited regarding
application to the Ontario Energy Board.
File: E06
(d) Ontario Good Roads newsletter, May/June 1999 edition.
File: A01
(e) Middlesex-Elgin-Oxford Community Leader's Letter. July—August edition.
File: M07
(f) Correspondence received June 24, 1999 from the Township of Malahide regarding Notice
of a Public Meeting for proposed Zoning By-law amendments.
File: CO2
(g) Correspondence dated June 1, 1999 from the Canadian National Institute for the Blind
advising of potential sale of Raffle Lottery tickets in Bayham under Provincial License
#P990507 between January 1 and December 31,2000.
File: P09
(h) Correspondence dated July 5, 1999 from Brian Van Opstal, Organic Resource
Technologies Inc. regarding the Organic Resource Management soil conditioning site.
File: E07
COUNCIL MINUTES - 173 - July 15, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Application to rezone property to renew temporary use designation of Highway
Commercial (HWC-2)for an additional period of three years on a parcel of land
described as Part Lot 18, Concession 10, at the corner of Highway# 3 and Green Line,
submitted by Pastor John Friesen on behalf of the New Hope Baptist Church.
File: D14
99-388 Moved by J.Nezezon
Seconded by D. Mason
"THAT the application submitted by Pastor John Friesen,New Hope Baptist
Church to renew the temporary use of the property described as Part Lot 18,
Concession 10, at the corner of Highway#3 and Green Line for a church and school
be accepted and referred to Cumming Cockburn Limited and staff for review,
scheduling of a public meeting and by-law amendment preparation."
Disposition: Motion Carried Unanimously
(b) Application to rezone property to permit a mobile home for temporary use for a period of
three years, on land designated as Agriculture (A-1) and described as Part Lot 26,
Concession South Gore, Jackson Line, being Part 1 on Reference Plan 11R-5191,
submitted by Rebecca Dygos representing Zygmunt, Allan, Troy and Rebecca Dygos.
File: D14
99-389 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the application submitted by Zygmunt,Rebecca, Troy and Allan Dygos to
rezone Part Lot 26, Concession South Gore, described as Part 1 on Reference Plan
11R-5191,to obtain a Special Agricultural Temporary designation for a period of
three years to permit a mobile home for full time farm help purposes be accepted
and referred to Staff and Cumming Cockburn Limited for review, scheduling of a
public meeting and by-law preparation."
Disposition: Motion Carried Unanimously
(c) Application to rezone property from the Future Development to Future Development
Special on a parcel of land described as Part Lot 22, Concession 9, Eden Line, submitted
by Paul DeCloet,representing Paul and Mary DeCloet.
99-390 Moved by D. Mason
Seconded by J.Nezezon
"THAT the application submitted by Paul DeCloet on behalf of Paul& Mary
DeCloet to rezone property described as Part Lot 22, Concession 9 situated on the
north side of Eden Line as a condition of severance set out in Council Resolution No.
99-329 enacted on June 21, 1999 be accepted and referred to staff and Cumming
Cockburn Limited for review,scheduling of a public meeting and by-law
preparation."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 174 - July 15, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(d) Verbal Staff report regarding investigation of costs involved in dredging the outer
harbour by means of prop washing.
99-391 Moved by D. Mason
Seconded by J. Nezezon
"THAT the quotation submitted by Mike Scruton Marine, 49 John Street,Port
Dover,to prop wash the Port Burwell outer harbour channel to depth which is
2.5 m below the existing water level be accepted subject to obtaining confirmation of
the necessary government approvals to proceed with the project as soon as possible,
and equal fmancial support from Small Craft Harbours, at a cost not to exceed
$ 8,750 plus GST;
AND THAT the Mayor and Clerk be authorized and directed to enter into a
contract undertaking the prop washing project."
Disposition: Motion Carried Unanimously
(e) Correspondence dated July 9, 1999 from Mark Thornton regarding Tub Daze in Port
Burwell.
File: C11
99-392 Moved by D. Mason
Seconded by J.Nezezon
"THAT correspondence dated July 7, 1999 from Mark Thornton regarding Tub
Daze be received;
AND THAT an extra garbage bin be placed as required by the Committee."
Disposition: Motion Carried Unanimously
(f) Correspondence dated July 7, 1999 from Carole A. Reimer, Co-chair Economic
Development and Tourism Committee regarding a proposed new logo for the
Municipality of Bayham.
File: C13
2. UNFINISHED BUSINESS
No Items.
3. PUBLIC MEETING
99-393 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
COUNCIL MINUTES - 175 - July 15, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
I. Application:
(a) Application by Judy Oldham,to change zoning on a parcel of land comprising of
approximately 3.0 hectares (7.5 acres) situated on the south side of Eden Line, (County
Road No. 44)west of Plank Road(Highway No. 19), in Part Lot 21, Concession 8 from
the Agricultural (A1-14) Zone to the Hamlet Residential (HR) Zone.
File: D14
(b) Official Plan Amendment No. 106 to change the land use designation on a parcel of land
comprising of approximately 3.0 hectares (7.5 acres) situated on the south side of Eden
Line, (County Road No. 44) west of Plank Road (Highway No. 19), in Part Lot 21,
Concession 8, in the Municipality of Bayham, from Agriculture to Hamlet by Judy
Oldham.
File: D09
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 the additional five lots being created
from this property is not viable agricultural land. She reminded Council that there was an
earlier indication of support for such an application. She noted that the County of Elgin
Engineer had requested joint driveways. No written comments or concerns had been
received. The Planning Co-ordinator advised that the By-law to approve the rezoning
should only be given first and second reading and that the enactment by-law for the
Official Plan Amendment, if passed, would be forwarded to the Ministry of Municipal
Affairs and Housing with a package of relevant information for approval.
4. Public Comments
Property owner Terry Pittao raised concerns regarding the future water supply to his
property located on the north side of Eden Line.
The applicant Judy Oldham responded that additional use from one water vein should not
affect another across the road, but it is unknown whether it may be the same vein.
5. Council Comments and Questions
Councillor Evanitski questioned and the Planning Co-ordinator responded that this
application, is site specific to only the south side of Eden Line.
6, Adjournment
99-394 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Public Meeting be adjourned at 7:43 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 176 - July 15, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
7. Disposition of Items
(a) 99-395 Moved by J. Nezezon
Seconded by D. Mason
"THAT the Application submitted by Judy Oldham to rezone property described as
Part Lot 21, Concession 8, being a parcel of land comprising approximately 3.0
hectares on the south side of Eden Line,west of Plank Road from the Special
Agricultural (A1-14) designation to the "Hamlet Residential" designation to
facilitate the creation of six hamlet residential lots be hereby approved;
AND THAT By-law No. Z408-99,being a by-law to amend Township of Bayham
By-law 2387 be presented to Council for first and second reading."
Disposition: Motion Carried Unanimously
(b) 99-396 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Official Plan Amendment Application submitted by Judy Oldham to
change the designation of property described as Part Lot 21, Concession 8 from the
"Agriculture" Designation to the "Hamlet"Designation is hereby approved;
AND THAT By-Iaw No. 99-43,being a By-law to adopt Amendment No. 106 to the
Township of Bayham Official Plan to facilitate the rezoning and development of
aproximately 3.0 hectares of land on the south side of Eden Line,west of Plank
Road for hamlet residential lots be presented to Council for enactment;
AND THAT in accordance with the provisions of the Planning Act, staff be directed
to forward Amendment No. 106 and all necessary documentation to the Ministry of
Municipal Affairs and Housing for consideration."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated July 9, 1999 from the ratepayers of Elizabeth St. S. in Port
Burwell regarding the condition of the street.
File: M04
99-397 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated July 9, 1999 from the ratepayers of Elizabeth
Street South in Port Burwell be received."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 177 - July 15, 1999
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE& REPORTS
(b) Correspondence dated June 28, 1999 from residents of Corinth regarding recent repairs to
sidewalks.
File: M04
99-398 Moved by C. Evanitski
Seconded by D. Mason
"THAT the correspondence dated June 28, 1999 from residents of Corinth be
received."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Deputy Mayor Nezezon questioned the status of the installation of a sidewalk at the
municipal office building.
99-399 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT Staff be directed to have a sidewalk installed from the Municipal parking
lot on the south side of the building to the front door of the Municipal Office."
Disposition: Motion Carried
S. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Building Permit Report for the month of June 1999.
File: P10
99-400 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Building Permit Report for the month of June 1999 be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 178 - July 15, 1999
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
1. CORRESPONDENCE& REPORTS
(b) Staff Report A99007 regarding a proposal by the Vienna Lions Club to make electrical
installation improvements in Vienna Memorial Park and upgrades to the upstairs
washrooms in the Vienna Lions Community Centre.
File: A20
99-401 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report A99007 regarding improvements to the Vienna Memorial Park
and Vienna Community Centre be received;
AND THAT Council of the Municipality of Bayham approves the Vienna Lions
Club proposal to install underground wiring and the dusk to dawn light in the
Vienna Memorial Park subject to approval of location by the Chief Building Official
and obtaining the proper permits and inspections from Ontario Hydro;
AND FURTHER THAT Council approves the Vienna Lions Club proposal to
renovate the Men's and Women's washrooms on the main floor of the Vienna
Community Centre subject to receiving the appropriate renovation permit and
inspections from the Chief Building Official."
Disposition: Motion Carried Unanimously
(c) Staff Report P99010 regarding an application for a building permit in Vienna.
File: P10
99-402 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report P99010 regarding the St. Luke's Anglican Church application
to install a separate portable structure on the south-west corner of the church be
received;
AND THAT Council of the Municipality of Bayham supports the application to the
Long Point Region Conservation Authority;
AND THAT a copy of this resolution be forwarded to the Long Point Region
Conservation Authority."
Disposition: Motion Carried Unanimously
(d) Memo dated July 15, 1999 from Councillor Mason regarding Boardwalk Repairs and
Maintenance.
File: A20
99-403 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Memo dated July 15, 1999 from Councillor Mason be received;
AND THAT the Boardwalk handrail be removed;
AND THAT Staff be directed to obtain an opinion from an Advisor on Building
Code Regulations."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 179 - July 15, 1999
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
2. UNFINISHED BUSINESS
No Items.
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register for the period ending July 20, 1999,being cheques#2469 to
#2516 inclusive.
File: F10.3
99-404 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Cheque Register for cheque numbers 2469 to 2516 inclusive be
approved."
Disposition: Motion Carried Unanimously
(b) Tillsonburg/Bayham Otter Valley Utility Corridor and Recreation Trail Committee Staff
Report 99001.
File: D06
99-405 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Tillsonburg/Bayham Otter Valley Utility Corridor and Recreation
Trail Committee Staff Report 99001 be received;
AND THAT the Council of the Municipality of Bayham authorizes payment to the
Tillsonburg/Bayham Otter Valley Utility Corridor and Recreation Trail
Committee in the amount of$1,443.30 as Bayham's share of expenses incurred in
1999 to date."
Disposition: Motion Carried Unanimously
(c) Staff Report L99003 regarding O.P.P Potential Satellite Office.
File: L07.Well
99-406 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report L99003 regarding O.P.P. Potential Satellite office location be
received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 180 - July 15, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(d) Staff Report P99009 regarding Ontario March of Dimes Provincial Lottery License.
File: P09
99-407 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report P99009 regarding the Ontario March of Dimes
correspondence dated March 30, 1999 providing notification of conducting Break
Open Lottery Ticket schemes at the Big Otter Marina & Campground and the Red
Oak Travel Park be received;
AND THAT Council accepts the Ontario March of Dimes' notification to conduct
Break Open Ticket sales under Provincial Licence P990372 & P990373 at the Big
Otter Marina & Campground, 5 Bridge St. Port Burwell;
AND THAT Council direct staff to contact the Ontario March of Dimes requesting
more information as to the need for a second location,Red Oak Travel Park;
AND THAT Council direct staff to draft a lottery licencing policy to be presented to
Council at a future time."
Disposition: Motion Carried Unanimously
(e) 1998 Financial Report for the Municipality of Bayham.
File: F03
99-408 Moved by J.Nezezon
Seconded by D. Mason
"THAT the 1998 Financial Report and Management letter for the Municipality of
Bayham be approved."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
COUNCIL MINUTES - 181 - July 15, 1999
10. ENVIRONMENT
CORRESPONDENCE& REPORTS
(a) The Administrator advised that correspondence dated July 14, 1999 from Peter Chapman,
Project Development Group, Ontario Clean Water Agency required a resolution
regarding completion of Class EA Process.
99-409 Moved by J. Nezezon
Seconded by C. Evanitski
"WHEREAS an Environmental Study Report(ESR)was completed by Cyril J.
Demeyere Limited in August, 1998 to address a water quality problem resulting
from failing private sewage systems,which identified communal water and sewage
systems as the preferred solution for Eden, Straffordville and Vienna;
AND WHEREAS the Ministry of Municipal Affairs and Housing has approved
funding through the Provincial Water Protection Fund Program for a communal
sewage system for Eden, Straffordville and Vienna with treatment at an expanded
Port Burwell facility;
AND WHEREAS an Addendum to the ESR was completed by Acres & Associated
Environmental Limited in June 1999, as a condition of a bump-up denial, to address
in particular the change to the Port Burwell outfall;
AND WHEREAS the 30-day review period for the ESR Addendum has expired on
July 9, 1999, and to the best knowledge of Council there have been no bump-up
requests received.
NOW THEREFORE BE IT RESOLVED by the Council of the Municipality of
Bayham:
1. THAT Council formally accepts the ESR and Addendum to the ESR, and is
in agreement with the preferred solution contained therein to construct
communal sewage collection systems for the communities of Eden,
Straffordville and Vienna and pump the sewage to an expanded Port Burwell
facility for treatment;
2. AND THAT Council requests the Ministry of Environment to prepare the
Provincial Water Protection Fund (PWPF) agreement for design and
construction funding of the preferred solution, and forward the agreement to
the Municipality for execution."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Correspondence received June 23, 1999 from Shirley Elliot requesting the planting of
trees. From June 29, 1999.
File: C13
99-410 Moved by C. Evanitski
Seconded by J. Nezezon
"THAT the correspondence dated June 23, 1999 from Shirley Elliot be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 182 - July 15, 1999
11. COMMITTEE OF THE WHOLE
99-411 Moved by J. Nezezon
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 matters."
Disposition: Motion Carried Unanimously
99-412 Moved by C. Evanitski
Seconded by J. Nezezon
"THAT the Committee of the Whole do now rise from the"In Camera" Session and
report."
Disposition: Motion Carried Unanimously
I. CORRESPONDENCE& REPORTS
(a) Verbal Report regarding a personnel matter.
99-413 Moved by D. Mason
Seconded by J.Nezezon
"THAT By-law 99-52,being a by-law to appoint Maureen Beatty as Deputy CIerk in
accordance with Section 73(2) of the Municipal Act, Chap.45, R.S.O. 1990, and to
further amend By-law 98-08 appointing Municipal Officers be presented to Council
for enactment."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
12. BY-LAWS
By-law Z408-99 A By-law to amend Zoning By-law 2387 (Oldham)
99-414 Moved by D. Mason
Seconded by C. Evanitski
"THAT By-law Z408-99 be read a first and second time."
Disposition: Motion Carried Unanimously
By-law 99—43 A By-law to adopt Amendment 106 to the Official Plan
By-law 99 - 50 A By-law to adopt the assessment on which taxes shall be levied
for 1999, current estimates for 1999, establish levy for 1999, adopt
tax rates
By-law 99 51 A By-law to authorize the Mayor and Clerk to endorse an
Agreement with Suzanna Mantel
By-law 99—52 A By-law to appoint Suzanna Mantel as temporary Treasurer and
further amend By-law 98-08 (Appointment of Municipal Officers)
COUNCIL MINUTES - 183 - July 15, 1999
12. BY-LAWS (continued)
99-415 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT By-laws 99-43,99-50, 99-51 and 99-52 be read a first, second and third time
and finally passed."
Disposition: Motion Carried Unanimously
By-law 99-53 A By-law to confirm all actions of Council
99-416 Moved by C. Evanitski
Seconded by D. Mason
"THAT confirming By-law 99-53 be read a first, second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-417 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the meeting be adjourned at 10:05 p.m."
Disposition: Motion Carried Unanimously
gir7444ltr-i,44.
MA eOR CLERK
Date approved: a" 5-./9 `