HomeMy WebLinkAboutNovember 18, 1999 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE,ONTARIO
Thursday,November 18, 1999
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham, was held at 7:00 p.m. on
Thursday,November 18, 1999 in Council Chambers. Present were Mayor Max Stewart, Deputy
Mayor John Nezezon, Councillors David Mason,Mathew Schafer and Cliff Evanitski,
Administrator Kyle Kruger 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
Mayor Stewart disclosed a pecuniary interest in Item 8.1(a) as he owns and operates
tobacco Smoke Barns.
3. APPROVAL OF MINUTES
Minutes of the Special Meeting held November 1, 1999
Minutes of the Regular Meeting held November 4, 1999
99-643 Moved by M. Schafer
Seconded by J.Nezezon
"THAT the minutes of the special meeting of the Municipality of Bayham held
November 1, 1999 be approved."
Disposition: Motion Carried Unanimously
99-644 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
November 4, 1999 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Mary Ann Foster made a presentation requesting permission for the
installation of individual water meters at the Otter's Edge Trailer Park.
Item 10.1(a)
(b) 7:30 p.m.—Joel Taylor,Taylor&Associates Insurance Brokers Limited made a
submission of information to Council regarding the 2000 municipal insurance renewal.
(c) Maureen Beatty, Co-ordinator of Planning,regarding
Items 6.1(a), 6.1(b), 6.1(c), 6.1(d), 6.1(e), 7.1(a), 8.1(a)
COUNCIL MINUTES -277 - November 18, 1999
4. DELEGATIONS (continued)
(d) Bob Bartlett,Public Works Superintendent,regarding
Items 7.1(b), 7.1(c)
(e) Dwayne Daniel, Chief Building Official,regarding
Items 7.1(d), 8.1(a)
5. INFORMATION ITEMS
99-645 Moved by C. Evanitski
Seconded by J. Nezezon
"THAT Information Items 5(a)through 5(i) be received and filed."
Disposition: Motion Carried Unanimously
(a) Correspondence dated November 3, 1999 from the Elgin County Q.P.P. regarding a
Policing for Results Survey.
File: A01
(b) Association of Municipalities of Ontario Alert correspondence dated November 3, 1999,
regarding AMO Joins Waste Diversion Organization.
File: A01
(c) Minister of the Environment, Tony Clement correspondence dated November 3, 1999
regarding the Waste Diversion Organization.
File: A16
(d) Minutes of the Bayham Joint Cemetery Committees meetings held April 22 and May 11,
1999.
File: CO6
(e) Minutes of the Bayham Y2K meetings held September 8 and 23 and October 14, 1999.
File: A02
(f) Correspondence received November 5, 1999 from Prime Minister Jean Cretien regarding
the Federal Speech from the Throne and his response. (Full text available)
File: A16
(g) Correspondence dated October 29, 1999 from the Port Burwell Public School in
appreciation of funding support for the Breakfast for Learning Program.
File: A01
(h) Association of Municipalities of Ontario correspondence dated November 10, 1999
regarding AMO Continues to Promote Infrastructure Programs and Community
Investment Funds for 1999 and 2000.
File: A01
(i) Municipal Liability Risk Management information newsletter,November 1999 issue.
File: M07
COUNCIL MINUTES -278 • November 18, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Staff Report D99033 regarding the Port Burwell Harbour.
File: T12
99-646 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the Staff Report D99033 regarding the Port Burwell Harbour be received;
AND THAT Invoice No. 370337 dated November 18, 1999 from Dan Higgs
Excavating in the amount of$2,354.00 be approved for payment and that no further
attempt be made to locate the subject concrete blocks in the outer harbour."
Disposition: Motion Carried Unanimously
(b) Staff Report D99034 regarding Trans Canada Trail and Year 2000 Water Relay.
File: D06'1'CT
99-647 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report D99034 be received;
AND THAT Sue McKay of the Trans Canada Trail Committee be advised that the
Council of the Corporation of the Municipality of Bayham recommends the re-
routing of the Trans Canada Water Relay on August 17, 2000 from Talbot Line
(Highway No. 3), south-easterly along Heritage Line to Richmond, southerly along
Richmond Road to Nova Scotia Line, easterly and southerly along Nova Scotia Line
to Bridge Street, along Bridge Street to Robinson Street, along Robinson Street to
Plank Road,north along Plank Road to Talbot Line (Highway No. 3) as shown on
Appendix "1" to Staff Report D99034;
AND THAT the recommended method of relay be cycling;
AND THAT a Trans Canada Water Relay Committee be established to plan a brief
stop during the route in Port Burwell for a celebration."
Disposition: Motion Carried Unanimously
(c) County of Elgin Land Division Committee Consent Application E-112/99, submitted by
Judith Oldham to sever a lot with a frontage of 60.9 metres along Eden Line (County
Road 44) by a depth of 216.4 metres (east lot line)to 244.1 metres (west lot line),
described as Part Lot 21, Concession 8, to create one new building lot for residential
purposes.
File: D10
99-648 Moved by D. Mason
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-112/99 by Judith Oldham to sever a lot with a frontage of 60.9 metres
along Eden Line (County Road 44)by a depth of 216.4 metres (east lot line)to 244.1
metres (west lot line) containing one house with attached garage proposed to create
one new lot for residential purposes subject to the following conditions:
COUNCIL MINUTES - 279 - November 18, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(c) Resolution 99-648 (continued)
• Payment of cash in lieu of park land dedication for each lot being created as a
result of Consent Applications E-112/99,E-113/99 & E-114199 for a total of
$2500.00
• Any survey plan prepared be deposited with the Municipal Clerk."
Disposition: Motion Carried Unanimously
(d) County of Elgin Land Division Committee Consent Application E-113199, submitted by
Judith Oldham to sever a lot with a frontage of 30.4 metres along Eden Line (County
Road 44)by a depth of 190 metres(east lot line)to 202.7 metres(west lot line),described
as Part Lot 21, Concession 8,to create one new building lot for residential purposes.
File: D10
99-649 Moved by C. Evanitski
Seconded by D. Mason
"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-113199 by Judith Oldham to sever a lot with a frontage of 30.4 metres
along Eden Line (County Road 44) by a depth of 190 metres (east lot line) to 202.7
metres (west lot line) proposed to create one new lot for residential purposes subject
to the following conditions:
• Payment of cash in lieu of park land dedication for each Iot being created as a
result of Consent Applications E-112/99,E-113/99 & E-114199 for a total of
$2500.00
• Any survey plan prepared be deposited with the Municipal Clerk
• Lot Assessment and results of a soil percolation test to be conducted to the
satisfaction of the Chief Building Official for each of the five new lots being
created by Consent Applications E-112/99,E-113/99 & E-114199."
Disposition: Motion Carried Unanimously
(e) County of Elgin Land Division Committee Consent Application B-114/99, submitted by
Judith Oldham to sever a lot with a frontage of 30.4 metres along Eden Line (County
Road 44) by a depth of 176.2 metres (east lot line)to 190 metres (west lot line), described
as Part Lot 21, Concession 8, to create one new building lot for residential purposes.
File: D 10
Note: The of wt of App1wa.iors E113/99, E113J99& E114.'99 per?ncts the es:ab irJ1 nent
of six re :rig n .z1 k
99-650 Moved by D. Mason
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-114/99 by Judith Oldham to sever a lot with a frontage of 30.4 metres
along Eden Line (County Road 44) by a depth of 176.2 metres (east lot line) to 190
metres (west lot line) proposed to create one new lot for residential purposes subject
to the following conditions:
• Payment of cash in lieu of park land dedication for each lot being created as a
result of Consent Applications E-112/99,E-113/99 & E-114/99 for a total of
$2500.00
• Any survey plan prepared be deposited with the Municipal Clerk
COUNCIL MINUTES - 280 - November 18, 1999
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(e) Resolution 99-650 (continued)
• Lot Assessment and results of a soil percolation test to be conducted to the
satisfaction of the Chief Building Official for each of the five new Iots being
created by Consent Applications E-112/99,E-113/99 & E-114/99."
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
Councillor Evanitski requested, and it was agreed that this item be discussed at an "In
Camera"Session later in the meeting.
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
(a) Staff Report D99032 regarding request by Gundy Goutouski to Stop up, Close and
Convey River Street and Alley.
File: T09
99-651 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report D99032 be received;
AND THAT the request of Gundy Goutouski and her solicitor,Mike Doyle,Doyle
and Prendergast for the Council of the Corporation of the Municipality of Bayham
to stop up, close and convey River Street lying north of Chapel Street, Registered
Plan 54,Village of Vienna and all of the Alley lying between Lots 3 and 4,North of
River Street,Registered Plan 54,Village of Vienna be accepted;
AND THAT Staff be directed to place the required notice for publication in a
newspaper having general circulation in the municipality pursuant to the provisions
of Section 300 (1) of the Municipal Act, R.S.O, 1990, Chapter M.45, as amended and
to present the required road closure by-law to council for consideration."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 281 - November 18, 1999
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(b) Staff Report T99010 regarding Public Works Department activities.
File: T06
99-652 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Staff Report T99010 regarding Public Works Activities for the months of
September, October and early November be received;
AND THAT Staff be authorized and directed to obtain quotations,
select a contractor and proceed immediately with the installation of the
destination signs."
Disposition: Motion Carried Unanimously
(c) Staff Report T99011 regarding Winter Control Sidewalk Maintenance Activity rates in
Port Burwell.
File: L04
99-653 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Staff Report T99011 be received;
AND THAT By-law 99-90, a By-law to amend By-law 99-72 Schedule"A",Section 3
to reflect a per route rate of$ 85.00 for sidewalk snow removal in Port Burwell, be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report E99007 regarding Petition for Drainage Works.
File: E09.brsm99
99-654 Moved by J.Nezezon
Seconded by M. Schafer
"THAT Staff Report E99007 regarding petition for drainage works to convert the
Stimers Award Drain into closed tile and become a branch of the Bartley Municipal
Drain be received;
AND THAT the Stimers Award Drain be now known as the Bartley Drain-Smith
Branch;
AND THAT Council accepts that the name Simon Swartzentruber be added to the
petition;
AND THAT Council hereby authorizes Staff to retain the services of Spriet&
Associates to redesign the Bartley Drain-Smith Branch to incorporate a new
deepened culvert to cross at 90 degrees to the Culloden Road."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 282 - November 18, 1999
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
Mayor Stewart noted his disclosure regarding Item 8.1(a) and vacated the Chair,
transferring the gavel to Deputy Mayor Nezezon.
(a) Staff Report D99035 regarding Smoke Barns.
File: P00
99-655 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report D99035 be received;
AND THAT the Chief Building Official be authorized and directed to investigate
and report back to Council on the legal application of Section 15 of the Ontario
Building Code with regard to existing flue kilns being utilized as smoke barns for
curing black tobacco on property where the health,safety and property of adjacent
property owners may be at risk,with particular attention to the existing kilns on
Calton Line where there have been recent fires, said report to address the action
which may be taken by the Chief Building Official in this capacity;
AND THAT with regard to the construction and use of new smoke barns for black
tobacco curing, Cumming Cockburn Limited be directed to present for Council's
consideration,appropriate regulations having regard for the health,safety and
property of area property owners."
Disposition: Motion Carried
Mayor Stewart reassumed the Chair.
(b) Memorandum R99004 dated November 12, 1999 from Deputy Mayor John Nezezon
regarding a request to establish an Outdoor Skating Rink at the Bayharn Community
Centre in Straffordville.
File: C13
99-656 Moved by M. Schafer
Seconded by D. Mason
"THAT Memorandum R99004 dated November 12, 1999 from Deputy Mayor
Nezezon be received;
AND THAT Council grants permission to local volunteers to create an outdoor
skating rink at the Bayham Community Centre in Straffordville, at no cost to the
Municipality;
AND THAT the Bayham Fire Department be authorized to use the necessary
equipment to flood the rink as appropriate."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -283 - November 18, 1999
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being cheques# 3036 to # 3106 inclusive, totaling $123,466.45 and
Payroll disbursements for the period ending November 3rd and totaling $ 28,371.96.
File: F10.3
99-657 Moved by J. Nezezon
Seconded by D. Mason
"THAT the Cheque Register for cheques#3036 to#3106 inclusive,and totaling
$ 123,466.45;
AND THAT the Payroll disbursements for the period ending November 3rd and
totaling$28,371.96 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F99027 regarding Financial Reporting for the period ending October 31,
1999.
File: F04
99-658 Moved by C.Evanitski
Seconded by J. Nezezon
"THAT Staff Report F99027 and the attached financial report for the period ending
October 31, 1999,be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report L99007 regarding Municipal Insurance Renewal—2000
File: L5.1
99-659 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the 2000 Municipal insurance coverage needs be obtained from Frank
Cowan Company Limited at a premium of$34,242."
Disposition: Motion Carried Unanimously
Deputy Mayor Nezezon requested the following item be added to the agenda.
(d) Correspondence dated November 1, 1999 from the Town of Hanover requesting support
of a resolution passed October 26, 1999 regarding the Shortage of Family Physicians.
File: C10
99-660 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the Council of the Municipality of Bayham support the Resolution passed
by the Town of Hanover on October 25, 1999 regarding the Shortage of Family
Physicians."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 284 - November 18, 1999
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Correspondence received October 29, 1999 regarding the installation of individual water
meters at the Otter's Edge Trailer Park.
File: C13
99-661 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the correspondence from MaryAnn and Al Foster requesting installation of
individual water meters at the Otter's Edge Trailer Park be received;
AND THAT Staff be directed to investigate the matter and report back to Council
with a recommendation for their consideration."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
99-662 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
99-663 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the Council do now rise from the"In Camera" Session without reporting."
Disposition: Motion Carried
Councillor Schafer disclosed a potential pecuniary interest in the property matter to be
discussed and left Council Chambers during discussion of same.
1. CORRESPONDENCE& REPORTS
(a) Item 6.2(a) had been referred to this "In Camera"session.
(b) Verbal report by the Administrator regarding a personnel matter.
12. BY-LAWS
By-law 99—90 A By-law to amend By-law 99-72, a by-law to authorize the
execution of an agreement with Herman Klassen for Winter
Control (sidewalks)
99-664 Moved by C. Evanitski
Seconded by D. Mason
"THAT By-law 99-90 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -285 - November 18, 1999
12. BY-LAWS (continued)
By-law 99 - 89 A By-law to confirm all actions of Council
99-665 Moved by D. Mason
Seconded by C. Evanitski
"THAT confirming By-law 99-89 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
99-666 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the meeting be adjourned at 10:30 p.m."
Disposition: Motion Carried Unanimously
AV" isrde 1142 S
MAYOR CLERK
Date approved: .,c, af I �1