HomeMy WebLinkAboutOctober 21, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O.Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, October 21, 1999
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham, was held at 7:00 p.m. on
Thursday, October 21, 1999 in 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 Regular Meeting held October 7, 1999
Councillor Mason requested that the minutes be amended to reflect the following:
Item 5(n) was "from Chairman Mason of the Port Burwell Marine Museum Advisory
Committee regarding improvements to the Port Burwell Municipal Parking lot "
99-591 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
October 7, 1999 be approved, as amended."
Disposition: Motion Carried
4. DELEGATIONS
(a) 7:05 p.m. -Brian Riggs,P. Eng.,Riggs Engineering Limited made a presentation
regarding the scope of expertise his consulting firm could provide with regard to long-
term implications of municipal harbour ownership. He and members of his firm have
previous Federal and Provincial experience and now are involved with assisting
municipalities regarding possible divestiture by the Department of Fisheries and Oceans,
Small Craft Harbours and addressing concerns of potential ownership. As a former
Federal employee he had personally been involved in a Harbour Report prepared for the
former Village of Port Burwell in November 1996. At that time there were no immediate
major concerns identified. No dredging implications or cost projections were included in
that Report. Services offered would include this aspect.
Item 6.1(a)
(b) Maureen Beatty, Co-ordinator of Planningt regarding
Items 6.1(b), 6.1(c), 6.1(d), 8.1((b)
COUNCIL MINUTES - 253 - October 21, 1999
4. DELEGATIONS (continued)
(b) 8:00 p.m.—Greg and Mary O'Neill,residents 56905 Calton Line made a presentation
raising concerns related to the use of old former flue-cured tobacco kilns as smoke barns
for dark tobacco. These buildings are apparently in a state of disrepair and on two
occasions to date have caught fire and burned, posing hazardous and dangerous situations
for themselves and their property, as well as adjacent neighbours, especially during times
of high winds.
They stated that the owners of the kilns do not themselves live on this same property and
so are not exposed to these risks. Fortunately these situations have arisen at times when
passing motorists have been able to advise them of the imminent danger. Should this
occur during the night when there is little or no traffic, the outcome could be fatal. Not
only is there the fire danger, the smoke also causes environmental and allergic problems.
The O'Neill's requested the Municipality initiate new laws for existing barns, new
structures for this purpose, clearly visible warning signage, limit locations to properties
where owners actually live, and eliminate use of plastic as a roofing repair.
Item 8.1(a)
(d) Suzanna Mantel, Treasurer regarding
Items 7.1(b), 9.1(a), 9.1(b), 9.1(c), 9.1(d), &9.1(e)
5. INFORMATION ITEMS
99-592 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Information Items 5(a) through 5(h) be received and filed, except Item 5(e),
which is deferred to the next meeting to be held November 4, 1999."
Disposition: Motion Carried Unanimously
(a) Royal Canadian Legion reminder to observe 2 minutes of silence on November 11, 1999
at 11:00 a.m.
File: M06
(b) Minutes of the Bayham Municipal Alcohol Policy Committee meeting held June 9, 1999.
File: C06
(c) Minutes of the Bayham Emergency Planning Committee meeting held September 15,
1999.
File: C06
(d) Elgin Community Development Corporation Newsbeat newsletter Fall 1999 Edition
File: C06
(e) Notice of St. Thomas-Elgin Tourist Association Annual meeting to be held November 9,
1999.
File: A16
(f) Minutes of the Bayham Community Health Action Committee meeting held July 28,
1999.
File: C06
(g) Minutes of the Bayham Economic Development and Tourism Committee meeting held
September 22, 1999.
File: C06
COUNCIL MINUTES - 254- October 21, 1999
5. INFORMATION ITEMS (continued)
(h) Minutes of the Bayham Y2K Project Team meetings held July 28, August 11, August 25,
1999.
File: A02
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Information correspondence from Brian Riggs,P.Eng.,Riggs Engineering Limited regarding
Consulting Services for Addressing Port Burwell Harbour needs.
File: A05
99-593 Moved by J. Nezezon
Seconded by M. Schafer
"THAT the information correspondence from Brian Riggs, P. Eng., Consultant,
Riggs Engineering Limited addressing Port Burwell Harbour needs be received for
information."
Disposition: Motion Carried Unanimously
(b) Staff Report D99029 addressing submissions of interest regarding recommended uses for
the former Eden Public School property
File: L07
99-594 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT Staff Report D99029 be received;
AND THAT the Council of the Corporation of the Municipality of Bayham shall
hold a special meeting in November at 7:00 p.m.,to hear presentations from
individuals and groups for proposals to utilize the former Eden Public School
building."
Disposition: Motion Carried Unanimously
(c) Staff Report D99030 regarding a Bayham Logo.
File: MOO
Council will hold a meeting on November 1, 1999 at 7:00 p.m. to deal with this matter.
(d) Consent Application E-99/99 submitted by Dean and Kimberly Pressey to sever a parcel
of land situated in Part lots 111 and 112, Concession NTR, having a width of 198.18
metres by a depth of 281.42 metres(west lot line)to 429.05 metres(east lot line), area
being approximately 7.04 hectares,to add to the adjoining agricultural land to the west.
Retained parcel of 20.23 hectares contains two houses and one barn.
File: D10
COUNCIL MINUTES - 255 - October 21, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE&REPORTS
(d) 99-595 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 approval of Consent
Application E-99/99 by Dean and Kimberly Pressey to sever a parcel of land
situated in Part lots 111 and 112 Concession NTR,having a width of 198.18 metres
by a depth of 281.42 metres (west lot line) to 429.05 metres (east lot line), area
approximately 7.04 hectares to add to the adjoining agricultural land to the west
subject to the following conditions:
• Any survey plan prepared be deposited with the Municipal Clerk."
Disposition: Motion Carried Unanimously
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
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
(a) Staff Report T99008 confirming Winter Control maintenance and Sidewalk Clearance
rates.
File: L04
99-596 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Staff Report T99008 confirming Winter Control Maintenance activities be
received;
AND THAT By-laws 99-72, 99-73, 99-74 and 99-75 authorizing the Mayor and
Clerk to endorse agreements with Herman Klassen,Robert Cain,Laemers
Trucking Limited and Kenneth Herron respectively be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report A99009 regarding the 1999 Sidewalk Program.
File: A20
99-597 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT Staff Report A99009 regarding the 1999 Sidewalk Program be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 256 - October 21, 1999
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE & REPORTS
(c) At the request of the Mayor the following resolutions were passed in regard to street
closings for Santa Claus Parades.
99-598 Moved by D. Mason
Seconded by M. Schafer
"THAT the Council of the Municipality of Bayham hereby requests permission
from the County of Elgin to close Wellington Street in Port Burwell from Elizabeth
Street,west to Robinson Street, and Robinson Street south to Brock Street on
December 4, 1999 between 6:30 p.m. and 8:00 p.m. during the Santa Claus Parade."
Disposition: Motion Carried Unanimously
99-599 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the Council of the Municipality of Bayham hereby requests permission
from the County of Elgin to close Plank Road from Third Street, south to Heritage
Line, and Heritage Line west to the Community Centre in Straffordville, on
December 11, 1999 between 10:00 a.m. and 11:00 a.m. during the Santa Claus
Parade."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Correspondence dated October 14, 1999 from Greg and Mary O'Neill regarding smoke
barns.
File: C13
99-600 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the correspondence dated October 14, 1999 from Greg and Mary O'Neill be
received;
AND THAT the matter be referred to Staff to investigate municipal and provincial
regulations and report back to Council."
Disposition: Motion Carried Unanimously
At the request of the Planning Co-ordinator, the following Item was added.
(b) Staff Report P99015 regarding Proposed By-law to Prohibit and Regulate the Keeping of Exotic
Animals.
File: P01
99-601 Moved by C. Evanitski
Seconded by D. Mason
"THAT By-law 99-82, being a by-law to Prohibit and Regulate the Keeping of Exotic
Animals in the Municipality of Bayham be presented to Council at its meeting to be held on
Thursday, November 4, 1999 for consideration and enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -257 - October 21, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register being cheques it 2909 to#2978 inclusive,totaling $ 100,833.60 and
Cash Requirements for the period ending October 31, 1999. Payroll disbursements for
the period ending October 6th and totaling $ 26,344.80.
File: F10.3
99-602 Moved by M. Schafer
Seconded by D. Mason
"THAT the Cheque Register for cheques #2909 to #2978 inclusive, and totaling
$100,833.60; and
THAT the Cash Requirements for the period ending October 31, 1999; and
AND THAT the Payroll disbursements for the period ending October 6th and
totaling$26,344.80 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F99023 regarding maintenance of the Vienna Community Centre heating
system.
File: F18
99-603 Moved by J.Nezezon
Seconded by M. Schafer
"That Staff Report F99023 be received;
AND THAT a regular maintenance program for the Vienna Community Centre be
established with R&R Refrigeration at the quoted price of$968.00 per annum(plus
GST)."
Disposition: Motion Carried Unanimously
(c) Staff Report F99021 regarding 1998 & 1999 Tax Write Offs.
File: F22
99-604 Moved by J. Nezezon
Seconded by D. Mason
"THAT Staff Report F99021 regarding 1998 and 1999 Tax Write Offs be received;
AND THAT taxes in the amount of$ 45,329.40 be cancelled, refunded or reduced
pursuant to Section 442 and 443 of the Municipal Act and to the Notices of Decision
from the Assessment Review Board."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 258 - October 21, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(d) Staff Report F99022 regarding a Security Phone Line at the Vienna Community Centre.
File: R05
99-605 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report F99022 be received;
AND THAT a telephone line be installed at the Vienna Community Centre to
properly support both staff and the security system."
Disposition: Motion Carried Unanimously
(e) Staff Report F99024 Financial Report for the period ending September 30, 1999.
File: F10
99-606 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report F99024 and the attached financial report for the period ending
September 30, 1999 be received for information."
Disposition: Motion Carried Unanimously
At the request of Deputy Mayor Nezezon the following Item was added
(f) Correspondence dated September 30, 1999 from the Municipality of Chatham-Kent
regarding Competitiveness of Agri-Food Sector.
File: A04
99-607 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Council of the Municipality of Bayham support the resolution of the
Municipality of Chatham-Kent regarding competitiveness of Agri-Food sector, as
contained in correspondence dated September 30, 1999."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report C99003 regarding Appointments to Committees.From August 5".
File: C12
(b) Sample Provincial Water Protection Fund Agreement for the proposed sanitary sewer
projects. Original still not available
File: L04
COUNCIL MINUTES - 259 - October 21, 1999
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Staff Report E99005 regarding Y2K Test at Sewage Treatment Plant.
File: E03
99-608 Moved by D. Mason
Seconded by J. Nezezon
"THAT Staff Report E99005 regarding Y2K Test at the Port Burwell Sewage
Treatment Plant be received for information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
99-609 Moved by M. Schafer
Seconded by D. Mason
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss a legal matter."
Disposition: Motion Carried Unanimously
99-610 Moved by J. Nezezon
Seconded by D. Mason
"THAT the Council do now rise from the "In Camera" Session without reporting."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Confidential correspondence dated June 25, 1999 regarding a legal matter
File: D06
12. BY-LAWS
By-law 99—72 A By-law to authorize the Mayor and Clerk to endorse an
Agreement with Herman Klassen for Winter Control— Sidewalk
Maintenance Activities
By-law 99—73 A By-law to authorize the Mayor and Clerk to endorse an
Agreement with Robert Cain for Winter Control Maintenance
Activities in Straffordville and Eden
By-law 99—74 A By-law to authorize the Mayor and Clerk to endorse an
Agreement with Laemers Trucking Limited for Winter Control
Maintenance Activities in Port Burwell
By-law 99—75 A By-law to authorize the Mayor and Clerk to endorse an
Agreement with Kenneth Herron for Winter Control Maintenance
Activities in Vienna
COUNCIL MINUTES - 260 - October 21, 1999
12. BY-LAWS (Continued)
99-611 Moved by J. Nezezon
Seconded by M. Schafer
"THAT By-Iaws 99-72, 99-73, 99-74 and 99-75 be read a first, second and third time
and finally passed."
Disposition: Motion Carried Unanimously
By-law 99 - 80 A By-law to confirm all actions of Council
99-612 Moved by D. Mason
Seconded by J.Nezezon
"THAT confirming By-law 99-80 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-613 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the meeting be adjourned at 9:55 p.m."
Disposition: Motion Carried Unanimously
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