HomeMy WebLinkAboutOctober 07, 1999 - Council COUNCIL MINUTES
TILE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, October 7,1999
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, October 7, 1999 in Council Chambers. Present were Mayor Max Stewart, Councillors
David Mason, Mathew Schafer and Cliff Evanitski and Clerk Lynda Millard. Deputy Mayor
John Nezezon 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 September 16, 1999
Minutes of the Special Meeting held September 21, 1999
Minutes of the Special Meeting held September 27, 1999
99-559 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
September 16, 1999 be approved."
Disposition: Motion Carried Unanimously
99-560 Moved by D. Mason
Seconded by M. Schafer
"THAT the minutes of the special meeting of the Municipality of Bayham held
September 21, 1999 be approved."
Disposition: Motion Carried Unanimously
99-561 Moved by D. Mason
Seconded by M. Schafer
"THAT the minutes of the special meeting of the Municipality of Bayham held
September 27, 1999 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) Maureen Beatty, Co-ordinator of Planning,regarding
Items 6.1(a), 6.1(b), 6.1(c), 6.3(a),7.1(a)
COUNCIL MINUTES - 240- October 7, 1999
4. DELEGATIONS (continued)
(b) Dwayne Daniel,Chief Building Official regarding
Items 8.1(a), 8.1(b), 8.1(c), 10.1(a)
(c) 8:00 p.m.- Kevin Baker and Rick Hornauer,representatives,Port Burwell
Recreation Society made a presentation regarding a proposed soccer field adjacent to the
Baseball Diamond at Centennial Park in Port Burwell.
Item 8.1(d)
(d) Suzanna Mantel,Treasurer regarding
Items 8.1(c), 9.1(f), 11.1(a)
5. INFORMATION ITEMS
99-562 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Information Items 5(a) through 5(s) be received and filed."
Disposition: Motion Carried Unanimously
(a) Correspondence dated September 20, 1999 from the Ontario Rural Council regarding the
Second Annual Conference "Rural Ontario'99: Pioneering the Future.
File: A01
(b) Minutes of the Bayham Economic Development and Tourism Committee meeting held
August 30, 1999.
File: C06
(c) Correspondence dated August 31, 1999 from the Ministry of the Attorney General
providing an update on the Provincial Offences Act(POA)transfer.
File: A16
(d) Minutes of the Bayham Community Policing Committee meetings held July 21 and
August 18, 1999.
File: C06
(e) Correspondence dated September 16,1999 from the County of Elgin Land Division
Committee regarding Variance in Dimensions on Deeds Presented for Stamping.
File: A 16
(t) Association of Municipalities of Ontario News Release dated September 17, 1999
regarding Health Care Professional Crisis Needs Action Now:AMO.
File: A01
(g) Long Point Region Conservation Authority newsletter "Conservation Matters", summer
1999 edition.
File: A16
(h) Ontario Parks Association, Community Parks Week "Celebrating our Greenspaces",
October 1-7, 1999 Planning and Information Guide.
File: A01
(i) AMCTO EXPRESS dated September 23 and 28, 1999.
File: A01
(j) Cowan News information newsletter dated September 1999.
File: M07
COUNCIL MINUTES - 241 - October 7, 1999
5. INFORMATION ITEMS (continued)
(k) Correspondence dated September 21, 1999 from the Association of Municipalities of
Ontario including an information package of the 1999 Conference Proceedings.
(Available)
File: A01
(1) Minutes of the Bayham 150/2000 Committee meeting held August 12, 1999.
File: C06
(m) Correspondence dated September 29, 1999 from the Alzheimer Society advising of the
issue of Provincial Raffle Lottery License#P991802.
File: P09
(n) Correspondence dated September 24, 1999 from Chairman Mason of the Port Burwell
Marine Museum Advisory Committee regarding improvements to the Port Burwell
Municipal Parking lot(as amended October 21, 1999).
File: M04
(o) Memo dated October 7, 1999 from Councillor Mason regarding Visitor Statistics for Port
Burwell Lighthouse and Museum.
File: C11
(p) Ontario Property Assessment Corporation newsletter, September 1999 edition.
File: A16
(q) Correspondence dated October 1, 1999 from the Ontario Property and Environmental
Rights Alliance regarding the New Conservation Authorities Act.
File: A01
(r) "Power Switch" Update on Energy Competition in Ontario September 24, 1999 edition.
File: A16
(s) Minutes of the Long Point Region Conservation Authority meeting held September 1,
1999.
File: C06
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) StaffReport D99026 regarding Official Plan Amendment No. 106 and Zoning By-law
Z408-99 regarding Judy Oldham.
File: D08 & D14
99-563 Moved by M. Schafer
Seconded by C. Evanitski
"THAT By-law No. Z408-99, being a by-law to rezone Part Lot 21, Concession 8,in
accordance with Amendment No. 106 to the Official Plan of the former Township of
Bayham, being lands owned by Judith Oldham be presented to Council for third
and final reading."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -242 - October 7, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE& REPORTS
(b) Staff Report D99027 regarding Renewal of the Lease with Fisheries and Oceans Port
Burwell Harbour Management& Dredged Material.
File: L04 & T12
99-564 Moved by D. Mason
Seconded by M. Schafer
"THAT the Lease Agreement between the Municipality of Bayham and the
Government of Canada,Fisheries and Oceans, Small Craft Harbours for the lease
of Port Burwell Harbour for the term June 1, 1999 to May 31, 2000 requiring the
payment of a rental fee of$535.00, including$35.00 GST be accepted;
AND THAT By-law No. 99-77, being a by-law to authorize the Mayor and Clerk to
execute the Lease Agreement be presented to Council for enactment."
Disposition: Motion Carried Unanimously
99-565 Moved by D. Mason
Seconded by M. Schafer
"THAT the Government of Canada, Fisheries and Oceans, Small Craft Harbours be
requested to amend its approval for the location of dredged material to include the
following properties for fill purposes:
Name Location of Material & Purpose
Shirley Manion 27 Robinson Street
James Wilder Bodsworth Lane
Fred Bodsworth 50 Pitt Street"
Disposition: Motion Carried Unanimously
(c) Staff Report D99028 and Cumming Cockburn Limited Report dated September 10, 1999
regarding Commercial Harbourfront Lands—Port Burwell.
File: D08 &D14
99-566 Moved by D. Mason
Seconded by C. Evanitski
"THAT the report dated September 10, 1999 from Cumming Cockburn Limited
regarding property designated in the former Village of Port Burwell Official Plan
Amendment No.2 as"Waterfront Mixed Use Development" and designated in the
Zoning By-law as Tourist Commercial (C2-1 with a holding symbol) be received;
AND THAT Cumming Cockburn Limited be directed to prepare amendments to
the Village of Port Burwell Official Plan and Zoning By-law to change the
designations of the subject area to "Proposed Development" (PD)which would
recognize the future potential for waterfront development,while allowing
residential redevelopment to occur on an as needed basis,subject to more
conventional zoning regulations."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -243 - October 7, 1999
6. PLANNING,DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
(a) Correspondence dated August 19 and 24, 1999, and Resolutions dated August 23, 1999
from the Town of Tillsonburg regarding the Otter Valley Utility Corridor and Recreation
Trail.
File: D06
3. PUBLIC MEETING
99-567 Moved by M. Schafer
Seconded by C. Evanitski
"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
1. Application:
(a) Application by Anthony and Magda Donck,to change zoning on a parcel of land
comprising of approximately 1.1 hectares (2.75 acres) situated on the south side of Talbot
Line, (Highway No. 3)west of Somers Road, in Part Lot 9, Concession 9 from the
Agricultural (Al)Zone to the Rural Residential (RR)Zone to facilitate the creation of
one residential lot for retirement purposes.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof
There was no disclosure of pecuniary interest and the general nature thereof.
3. Staff Presentation
The Planning Co-ordinator advised that no inquiries, comments or objections had been received
with regard to the proposal.
4. Public Comments
There were no public comments.
5. Council Comments and Questions
Council members raised no concerns.
6. Adjournment
99-568 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Public Meeting be adjourned at 7:35 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 244 - October 7, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
7. Disposition of Item
99-569 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the Application submitted by Anthony and Magda Donck to change zoning
on property described as Part Lot 9, Concession 9, being a parcel of land comprising
approximately 1.1 hectares (2.75 acres)situated on the south side of Talbot Line
(Hwy. No.3),west of Somers Road from the Agricultural(Al) designation to the
Rural Residential (RR) designation to facilitate the creation of one residential lot for
retirement purposes be hereby approved;
AND THAT By-law No. Z414-99, 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
(a) Staff Report D99022A regarding Proposal to Stop up, Close & Convey a Portion of
Garner Road.
File: T09
99-570 Moved by D. Mason
Seconded by C. Evanitski
"THAT consideration of the request of Rudy Garner with regard to the stopping
up, closing and conveyance of a portion of Garner Road be deferred in order for
Staff and Council members to have an opportunity to discuss other options with Mr.
Garner and to further consider the impact of the proposed closure and
conveyance."
Disposition: Motion Carried Unanimously
(b) Correspondence dated September 24, 1999 from the Rural Ontario Municipal and Ontario
Good Roads Associations, regarding the combined conferences.
File: A04
99-571 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the correspondence dated September 24, 1999 from the Rural Ontario
Municipal and Ontario Good Roads Associations regarding combined conferences
be received for information;
AND THAT the following member of Staff be authorized to attend:
• Bob Barticttt,Public Works Superintendent."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -245- October 7, 1999
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
I. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending September 30, 1999.
File: P10
99-572 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Building Permit Report for the month ending September 30, 1999 be
received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report A99008 regarding repairs to the Gazebo in Port Burwell.
File: A19
99-573 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report A99008 regarding the repairs to the Port Burwell Gazebo be
received;
AND THAT Staff be directed to complete the repairs as recommended by the Chief
Building Official as described in Staff Report A99008."
Disposition: Motion Carried Unanimously
(c) Staff Report T99009 summarizing tenders for the proposed 2 bay addition to the Public
Works Garage.
File: A19
99-574 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report T99009 be received;
AND THAT Council hereby accepts the tender submitted by Henderson Builders
Ltd. in the amount of$ 154,478.00 less GST rebate of$ 5,775.00 for a net cost of
$148,703.00;
AND THAT By-law 99-79 authorizing the Mayor and Clerk to enter into an
agreement with Henderson Builders Ltd. be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 246- October 7, 1999
8. PROPERTY, BUILDING & PROTECTIVE SERVICES(continued)
1. CORRESPONDENCE&REPORTS
(d) Correspondence dated October 1, 1999 from the Port Burwell Recreation Society
regarding a proposal for a soccer field adjacent to the Port Burwell Baseball Diamond.
File: C13
99-575 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the correspondence dated October 1, 1999 from the Port Burwell
Recreation Society be received;
AND THAT Council support the proposed soccer field project;
AND THAT Council direct the public Works Department arrange to level and seed
the proposed area at a cost to be paid by the Port Burwell Recreation Society."
Disposition: Motion Carried Unanimously
(e) Correspondence dated September 29, 1999 from the County of Elgin regarding a costing
proposal from the Ontario Provincial Police.
File: C10
99-576 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence dated September 29, 1999 from the County of Elgin be
received;
AND THAT the Council of the Corporation of the Municipality of Bayham agrees
to request a costing proposal for contract policing on a county-wide basis, excluding
the Town of Aylmer, from the Ontario Provincial Police."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being cheques#2790 to #2908 inclusive, totalling $ 609,618.10 and
Cash Requirements for the period ending October 20, 1999. Payroll disbursements for
the period ending September 22nd and totalling $ 26,397.61.
File: F10.3
99-577 Moved by M. Schafer
Seconded by D. Mason
"THAT the Cheque Register for cheques #2790 to#2908 inclusive, and totalling
$609,618.10; and
THAT the Cash Requirements for the period ending October 20, 1999; and
AND THAT the Payroll disbursements for the period ending September 22nd and
totalling$26,397.61 be approved."
Disposition: Motion Carried Unanimously �, l
COUNCIL MINUTES - 247 - October 7, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
1. CORRESPONDENCE&REPORTS
(b) Correspondence dated September 15, 1999 from the City of London regarding the
Property Transfer of Primary and Secondary Water Supply Systems.
File: E08
99-578 Moved by M. Schafer
Seconded by D.Mason
"THAT the correspondence dated September 15, 1999 from the City
of London be received;
AND THAT the Council of the Municipality of Bayham accepts the
offer by the Provisional Joint Board of Management of the Elgin Area
Primary Water Supply System to amalgamate the legal review of
property conveyance packages by McCarthy Tetrault for both the
Primary and Secondary Water Supply Systems;
AND THAT the Secondary Water Supply System municipalities
finance the actual costs of the Secondary Water System review."
Disposition: Motion Carried Unanimously
(c) Correspondence dated September 20, 1999 from the Thames Valley District School
Board, Port Burwell Public School requesting a financial contribution toward their
Breakfast for Learning program.
File: A16
99-579 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence dated September 20, 1999 from the Thames Valley
District School Board,Port Burwell Public School be received;
AND THAT Council of the Municipality of Bayham supports the
breakfast for Learning program funding request in the amount of
$ 200.00, to be divided equally between Port Burwell and
Straffordville Schools or to Port Burwell only if Straffordville not
participating."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -248 - October 7, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
I. CORRESPONDENCE&REPORTS
(d) Staff Report C99006 from the Bayham 150/2000 Committee Secretary regarding meeting
held September 30, 1999.
File: C11
99-580 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Staff Report C99006 from the Bayham 150/2000 Committee be received;
AND THAT the Council of the Municipality of Bayham:
• supports the acquisition of the ownership rights to `Bayham Bert", and
registration thereof through copyright; and
• authorizes payment to Lisa Underhill in the amount of$50.for the Design
Concept "Bayham Bert"."
Disposition: Motion Carried Unanimously
(e) Staff Report F99020 regarding tax due dates.
File: F22
99-581 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report F99020 be received;
AND THAT By-law 99-78, being a by-law to amend by-laws 99-50 and 99-57 to
reflect the correct tax due dates, be presented to Council for enactment"
Disposition: Motion Carried Unanimously
(f) Staff Report F99019 regarding the Vienna and Straffordville Community Centres.
File: F05
COUNCIL MINUTES -249 - October 7, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
2. UNFINISHED BUSINESS
(a) Staff Report C99003 regarding Appointments to Committees. From August 5th.
File: C12
99-582 Moved by D. Mason
Seconded by C. Evanitski
"WHEREAS Council of the Municipality of Bayham recognizes the importance of
Recreation and the Community Centres in the community;
AND WHEREAS Council is desirous that both a Community Centre Committee
and a Recreation Committee be formed to address the distinct needs in regard to
each;
THEREFORE the Council of the Corporation of the Municipality of Bayham
directs that a Bayham Community Centre Committee be formed;
AND THAT Council appoints the following Council Members and persons to the
Bayham Community Centre Committee:
Council representatives: Deputy Mayor John Nezezon, and Councillor Matt
Schafer
Vienna and Straffordville
Lions Clubs Representatives: William Gheysen and Paul Bechard
Vienna and Straffordville
Community Centre Managers: Vicky Wiggans and Jackie DeClercq."
Disposition: Motion Carried Unanimously
(b) Sample Provincial Water Protection Fund Agreement for the proposed sanitary sewer
projects. Original still not available
File: L04
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Staff Memorandum E99004 regarding Rycquart Farm Organic Resources Technologies
Inc. -Inflated Fabric Cover on Storage Tank.
File: E07Orti
99-583 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report E99004 regarding the inflated fabric cover on the Organic
Resource storage tank located on the Rycquart Farm be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -250 - October 7, 1999
11. COMMITTEE OF THE WHOLE
99-584 Moved by D. Mason
Seconded by M. Schafer
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss a property matter."
Disposition: Motion Carried Unanimously
99-585 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the Council do now rise from the"In Camera" Session and report."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE& REPORTS
At the request of the Treasurer, the following item was added to the agenda.
(a) Staff Report R99003 regarding a property matter.
File: R05
99-586 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Staff Report R99003 be received;
AND THAT Council hereby directs that the buck& doe event of November 6, 1999
be cancelled and not renewed."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law Z408-99 A By-law to amend Zoning By-law 2387 (Oldham)—3`d reading
99-587 Moved by C. Evanitski
Seconded by M. Schafer
"THAT By-law Z408-99 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
By-law Z414-99 A By-law to amend Zoning By-law 2387 (Donk)
By-law 99—77 A By-law to authorize the Mayor and Clerk to endorse a Lease
Agreement with the Department of Fisheries and Oceans, Small
Craft Harbours for the Port Burwell Harbour lands
By-law 99 -78 A By-law to amend By-laws 99-57 and 99-50 by-laws to adopt the
assessment on which taxes shall be levied and set due dates for
1999
By-law 99-79 A By-law to authorize the Mayor and Clerk to endorse an
Agreement with Henderson Builders Ltd. to construct an addition
to the Public Works Garage
COUNCIL MINUTES -251 - October 7, 1999
12. BY-LAWS (continued)
99-588 Moved by C.Evanitski
Seconded by D. Mason
"THAT By-laws Z414-99,99-77,99-78 and 99-79 be read a first, second and third
time and finally passed."
Disposition: Motion Carried Unanimously
By-law 99 - 76 A By-law to confirm all actions of Council
99-589 Moved by M. Schafer
Seconded by D. Mason
"THAT confirming By-law 99-76 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-590 Moved by D. Mason
Seconded by C. Evanitski
"THAT the meeting be adjourned at 9:50 p.m."
Disposition: Motion Carried Unanimously
MA OR ERK
Date approved: Oct2i/9� Id