HomeMy WebLinkAboutAugust 05, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 1.60, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,August 5, 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, August 5, 1999, in the Council Chambers. Present were Mayor Max Stewart,Deputy
Mayor John Nezezon, Councillors David Mason, Mathew Schafer and Cliff Evanitski, and Clerk
Lynda Millard.
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 Special Meeting held July 13, 1999 at 7:00 p.m.
Minutes of the Special Meeting held July 13, 1999 at 7:30 p.m.
Minutes of the Regular Meeting held July 15, 1999
Minutes of the Special Meeting held July 27, 1999.
99-429 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the minutes of the special meeting of the Municipality of Bayham held July
13, 1999 be approved."
Disposition: Motion Carried Unanimously
99-430 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the minutes of the special meeting of the Municipality of Bayham held July
13, 1999 be approved."
Disposition: Motion Carried Unanimously
99-431 Moved by D.Mason
Seconded by J.Nezezon
"THAT the minutes of the regular meeting of the Municipality of Bayham held July 15,
1999 be approved."
Disposition: Motion Carried Unanimously
99-432 Moved by M. Schafer
Seconded by D.Mason
"THAT the minutes of the special meeting of the Municipality of Bayham held July 27, 1999
be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 189 - August 5, 1999
4. DELEGATIONS
(a) 7:40 p.m. —Lori Debenedetti, regarding the Vezina severance application.
Item 6.1(c)
(b) 8:00 p.m. -Jeff Oatman,Footloose Entertainment,regarding
Item 9.1(d) (Deferred to August 19, 1999)
(c) 9:00 p.m.—Linda and Robert Alcorn,regarding a property matter.
Item 11.1(b) (Deferred to August 19, 1999)
(d) 9:00 p.m. -Donna Lamoure, Tax Clerk regarding a property matter.
Item 11.1(b) (Deferred to August 19, 1999)
(e) Maureen Beatty, Co-ordinator of Planning regarding
Items 6.1(b), 6.1(c), 6.1(d), 6.1(e), 6.3(a), 11.1(a)
(f) Dwayne Daniel, Chief Building Official,regarding
Items 8.1(a), 8.1(b), 8.1(c)
(g) Robert Bartlett, Superintendent of Public Works,regarding
Item 11.1(c)
5. INFORMATION ITEMS
99-433 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Information Items 5(a) through 5(k) be received and filed."
Disposition: Motion Carried Unanimously
(a) The Association of Municipalities of Ontario correspondence dated July 20, July 28 and
July 29, 1999 regarding Land Ambulance Transition Update,Meetings with Provincial
Ministers during AMO's Annual Conference, and AMO Obtains Extension to Education
Payment Due Date.
File: A01
(b) Correspondence dated July 30, 1999 from the Ministry of Municipal Affairs and Housing
regarding extended deadline for school board remittances.
File: A16
(c) Correspondence from Beacon Millenium received July 15 1999 regarding arrival of the
year 2000 on December 31, 1999.
File: A01
(d) Correspondence received July 22, 1999 from the Port Burwell Bayham Horticultural
Society.
File: M04
(e) Correspondence dated July 20, 1999 from Linda Giesbrecht.
File: M04
COUNCIL MINUTES - 190 - August 5, 1999
5. INFORMATION ITEMS (continued)
(I) Invitation to attend the Cultural Heritage Tourism in Ontario Conference Partnering for
new Business Opportunities.
File: A04
(g) Minutes of Bayham Community Policing Committee meeting held June 23, 1999
File: C06
(h) Minutes of the Bayham Special Events Committee meeting held June 24, 1999
File: C06
(i) Minutes of the Bayham Economic Development and Tourism Committee meeting held
June 28, 1999, and unconfirmed minutes of meeting held July 21St.
File: C06
(j) Minutes of the Elgin Trans Canada Trail Committee meeting held July 16, 1999.
File: DO6TCT
(k) Minutes of the Long Point Region Conservation Authority meeting held July 7, 1999.
File: A16
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Correspondence dated July 19, 1999 from Talisman Energy Inc. regarding Port Burwell
Harbour dredging.
File: T12
99-434 Moved by M. Schafer
Seconded by D.Mason
"THAT the correspondence dated July 19, 1999 from Talisman Energy Inc. be
received for information."
Disposition: Motion Carried Unanimously
(b) Consent Application E-59/99 submitted by Abraham and Emma Peters,to sever a parcel
of land with a frontage of 321.26 metres along Ottergate Line, and a depth of 969.87
metres (east lot line)to 749.19 metres (west lot line),proposed to create one lot for
agricultural purposes.
File: D10
99-435 Moved by J.Nezezon
Seconded by C.Evanitski
"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-59199 by Abraham and Emma Peters to sever a lot with a frontage of 321.25 metres along
Ottergate Line,and a depth of 969.87 metres(east lot line)to 749.19 metres(west lot line)
proposed to create one lot for agricultural purposes subject to the following conditions:
• Payment of$1000 cash in lieu of park land dedication
• Any survey plan prepared be deposited with the Municipal Clerk."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 191 - August 5, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(c) Consent Application E-70/99 submitted by Marc Serge and Jacqueleen Becky Vezina to
sever a parcel of land with a frontage of 33.52 metres along Plank Road, and a depth of
58.97 metres,proposed to create one new lot for commercial use.
File: D10
99-436 Moved by C.Evanitski
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 that consideration of Consent
Application E-70199 by Marc and Jacqueleen Vezina to sever a parcel of land with a
frontage of 33.52 metres along Plank Road,and a depth of 58.97 metres,proposed to create
one lot for commercial purposes be deferred in order for staff to obtain further details
about the location of the existing septic system field beds and required setbacks and to liaise
with the Elgin/St.Thomas Health Unit with regard to the necessity for washroom facilities
for staff and/or public. "
Disposition: Motion Carried Unanimously
(d) Staff Report D99015 regarding the Otter Valley Utility Corridor&Recreation Trail—
Legal and Planning Consultant Opinions re: Zoning.
File: D06
99-437 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT Staff Report 99015 having reference to the zoning of the former CP Rail
land be received;
AND THAT the written opinions from Michael F. Peterson,Barrister and Solicitor
and from Gary Blazak, Cumming Cockburn Limited,both dated July 29, 1999
about the zoning status of the former CP Rail land be received and endorsed as the
position of the Council of the Corporation of the Municipality of Bayham;
AND THAT copies of the legal and planning consultant opinions be forwarded to
the Otter Valley Utility Corridor and Recreation Trail Committee and Board of
Management Secretary for discussion at the next scheduled meeting."
Disposition: Motion Carried Unanimously
99-438 Moved by M. Schafer
Seconded by D.Mason
"THAT the Municipality of Bayham participate in the proposed Trans Canada
Water Relay in the Year 2000."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 192 - August 5, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE& REPORTS
(e) Staff Report D99016 regarding Port Burwell Harbour Dredging Contracts.
File: T12
99-439 Moved by D. Mason
Seconded by J.Nezezon
"THAT Staff Report 99016 having reference to entering into contracts between the
Municipality and Fisheries and Oceans Canada, Mike Scruton Marine and Higgs
and Higgs with respect to the 1999 Port Burwell Harbour dredging projects be
received;
AND THAT the necessary by-laws, being Nos. 99-58,99-59 and 99-60 authorizing
execution of the respective contracts be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Correspondence dated July 7, 1999 from Carole A. Reimer, Co-chair Economic
Development and Tourism Committee advising of their support of the proposed new logo
for the Municipality of Bayham.
File: C13
99-440 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT Staff be directed to prepare information to be considered by Council in
regard to a proposed new logo for the municipality and seeking public input, for the
Council meeting to be held August 19, 1999."
Disposition: Motion Carried
3. PUBLIC MEETING
99-441 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
I. Application:
(a) Application by Ron Phillips— 911772 Ontario Inc.,to change zoning on a parcel of land
comprising of approximately.6 hectares (1.4 acres) situated on the east side of Murray
Road, south of Talbot Line (Highway No. 3), in Part Lot 14, Concession 9 from the
Agricultural (Al) Zone to the Rural Residential (RR) Zone.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof
There was no declaration of pecuniary interest and the general nature thereof.
COUNCIL MINUTES - 193 - August 5, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
3. Staff Presentation
Maureen Beatty, Planning Co-ordinator advised that transfer to the municipality of 11
feet for road widening purposes, a requirement from an earlier severance has been
confirmed, and that no written comments or concerns had been received.
4. Public Comments
None
5. Council Comments and Questions
None
6. Adjournment
99-442 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Public Meeting be adjourned at 7:47 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Items
99-443 Moved by J.Nezezon
Seconded by D.Mason
"THAT the Application submitted by Ron Phillips —911772 Ontario Inc. to rezone
property described as Part Lot 14, Concession 9,being a parcel of land comprising
approximately.6 hectares (1.4 acres) on the east side of Murray Road,south of
Talbot Line(Highway No. 3)from the Agricultural (Al) designation to the `Rural
Residential" (RR) designation to facilitate the creation of one new building lot for
retirement purposes be hereby approved;
AND THAT By-law No. Z410-99,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
No Items
COUNCIL MINUTES - 194 - August 5, 1999
8. PROPERTY,BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Building Permit Report for the month of July 1999.
File: P10
99-444 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Building Permit Report for the month of July 1999 be received for
information."
Disposition: Motion Carried Unanimously
(h) Septic Permit Report for the months of January to July 1999.
File: P10
99-445 Moved by J.Nezezon
Seconded by D. Mason
"THAT the Septic Permit Report for the months of January through July 1999 be
received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report T99005 regarding requirements for the installation of signage along County
Roads.
File: T07
99-446 Moved by D.Mason
Seconded by J.Nezezon
"THAT Staff Report T99005 regarding the erection of Straffordville Lions Club
and Vienna Lions Club Service Clubs and Museums signage at the entrances to the
Hamlet of Straffordville and Village of Vienna be received;
AND THAT Council approve both of these applications and direct the Public
Works Department to install the signs at locations approved by the Municipality's
Chief Building Official and the County of Elgin Engineering Department."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being cheques#2517 to#2600 inclusive, excepting cheque#2600 and
totalling$ 125,500.46 and Cash Requirements for the period ending August 20, 1999.
Approval of Payroll disbursements for the period ending July 28th and totalling
$27,103.05.
File: F10.3
COUNCIL MINUTES - 195 - August 5, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(a) 99-447 Moved by M. Schafer
Seconded by D.Mason
"THAT the Cheque Register for cheques#2517 to#2600 inclusive, except cheque#
2600,totalling $125,500.46; and
THAT the Cash Requirements for the period ending August 20, 1999; and
THAT the Payroll disbursements for the period ending July 281h and totalling
$27,103.05 be approved."
Disposition: Motion Carried Unanimously
(b) MOE Project Numbers 88-1338-01 and 88-1350-01 Engineering Agreements between
the Municipality and Acres and Associated Limited and Cyril J. Demeyere Limited
submitted for execution.
File: L04
99-448 Moved by J.Nezezon
Seconded by C.Evanitski
"THAT the Engineering Agreements with Acres and Associated Limited and Cyril
J. Demeyere Limited for MOE Project Numbers 88-1338-01 and 88-1350-01 be
received;
AND THAT By-laws 99-35 and 99-36, being by-laws to authorize the Mayor and
Clerk to execute the agreements for Engineering Services between the Municipality
of Bayham and Acres and Associated Limited and Cyril J. Demeyere Limited, be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report C99003 regarding Appointments to Committees. Deferred to August 19,
1999
File: C12
(d) Correspondence dated July 28, 1999 from Footloose Entertainment regarding use of the
Vienna Community Centre for Youth dances.Deferred to August 19, 1999
File: RO6
COUNCIL MINUTES - 196 - August 5, 1999
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated July 28, 1999 from the Township of Southwold regarding the
Elgin Area Water System.
File: E08
99-449 Moved by D. Mason
Seconded by M. Schafer
"THAT the correspondence dated July 28, 1999 from the Township of Southwold
regarding the Elgin Area Water System be received;
AND THAT the Council of the Municipality of Bayham endorses the request by the
Township of Southwold that the Elgin Area Primary Water Supply System
Provisional Joint Board of Management be supported in its request for the holding
of a meeting with the Ministry of the Environment,Ministry and Municipal Staff
and representatives of the Ontario Clean Water Agency to address funding of the
operating system deficiencies of the Elgin Area Water Supply System, prior to the
Transfer Order being signed."
Disposition: Motion Carried Unanimously
(b) Correspondence dated July 29, 1999 from Maple Meadows President Cindy Parrott
regarding placement of garbage bins.
File: C13
99-450 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence dated July 29, 1999 from Maple Meadows President
Cindy Parrott be received;
AND THAT Staff be directed to arrange a meeting between Council and
representatives of the Maple Meadows Port Burwell Family Residences Board."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
99-451 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the Council do now rise to enter into an"In Camera" Session of Committee
of the Whole to discuss property, personnel and legal matters."
Disposition: Motion Carried Unanimously
99-452 Moved by J.Nezezon
Seconded by C.Evanitski
"THAT the Council do now rise from the"In Camera" Session and report."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 197 - August 5, 1999
11. COMMITTEE OF THE WHOLE (continued)
1. CORRESPONDENCE& REPORTS
(a) Confidential Staff Report D99014 regarding a property matter.
File: L08
99-453 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Confidential Staff Report 99014 having reference to the legal status of a
road allowance be received;
AND THAT staff be authorized and directed to forward the correspondence dated
July 21, 1999 from Gibson, Linton, Toth, Campbell, &Bennett,Barristers and
Solicitors as the position of the Council of the Corporation of the Municipality of
Bayham to the solicitors representing the affected property owners."
Disposition: Motion Carried Unanimously
(b) Correspondence dated July 28, 1999 and Confidential Staff Report F99009 regarding a
property matter. Deferred to August 19, 1999
File: C13
(c) Confidential Staff Report H99009 regarding a personnel matter.
File: 11011
99-454 Moved by D. Mason
Seconded by M. Schafer
"THAT Confidential Staff Report H99009 regarding the Public Works Foreman
Three-month Performance Evaluation be received for information."
Disposition: Motion Carried Unanimously
(d) Confidential Staff Report H99008 regarding a personnel matter.
File: H05
12. BY-LAWS
By-law Z410-99 A By-law to amend Zoning By-law 2387 (Phillips)
By-law 99 35 A By-law authorizing the Mayor and Clerk to execute an
Agreement with Acres &Associated Limited for Engineering
Services
By-law 99 - 36 A By-law authorizing the Mayor and Clerk to execute an
Agreement with Cyril J. Demeyere Limited for Engineering
Services
By-law 99 - 58 A By-law to authorize execution of contracts with the Department
of Fisheries and Oceans for harbour dredging financing
By-law 99 - 59 A By-law to authorize execution of a contract with Higgs &Higgs
for harbour dragline dredging project
COUNCIL MINUTES - 198 - August 5, 1999
12. BY-LAWS (continued)
By-law 99 -- 60 A By-law to authorize execution of a contract Mike Scruton,Mike
Scruton Marine for harbour prop wash dredging project
99-455 Moved by D. Mason
Seconded by C. Evanitski
"THAT By-law Z410-99,99-35,99-36, 99-58, 99-59 and 99-60 be read a first, second
and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 99 - 61 A By-law to confirm all actions of Council
99-456 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT confirming By-law 99-61 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-457 Moved by C.Evanitski
Seconded by M. Schafer
"THAT the meeting be adjourned at 10:10 p.m."
Disposition: Motion Carried Unanimously
_ .1';`r) .
- OR CLERK
V
Date approved: [2.5 / 5 19 ,