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HomeMy WebLinkAboutJanuary 22, 1998 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 14 Plank Road North STRAFFORDVILLE, ONTARIO Thursday, January 22, 1998 7:00 p.m. 7:30 p.m. (Public Meeting) 8:00 p.m. (Public Comments re: Road Closing) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, January 22, 1998 in the Council Chambers. Present were, Mayor Max Stewart, Deputy Mayor Jack Petrie, Councillors David Mason, John Nezezon and Ken Nesbitt, Administrator/Treasurer Lynn S. Buchner, and Clerk/Deputy Treasurer Lynda Millard. 1. CALL TO ORDER Mayor Max Stewart called the meeting to order at 7:02 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Deputy Mayor Jack Petrie disclosed a pecuniary interest with regard to Item 9.1 (b) as he is presently the local representative on the Long Point Region Conservation Authority. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES 98-24 Moved by D. Mason Seconded by J. Petrie 'THAT the minutes of the final regular meeting of the Township of Bayham on December 18, 1997 be approved." Disposition; Motion Carried Unanimously 98-25 Moved by J. Petrie Seconded by D. Mason 'THAT the minutes of the final meeting of the Village of Port Burwell on December 29, 1997 be approved." Disposition: Motion Carried Unanimously 98-26 Moved by J. Nezezon Seconded by D. Mason 'THAT the minutes of the final meeting of the Village of Vienna on December 29, 1997 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 20 JANUARY 22, 1998 98-27 Moved by J. Petrie Seconded by D. Mason 'THAT the minutes of the inaugural meeting of the Municipality of Bayham on January 5, 1998 be approved." Disposition: Motion Carried Unanimously 98-28 Moved by D. Mason Seconded by J. Petrie 'THAT the minutes of the regular meeting of the Municipality of Bayham on January 8, 1998 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:45 p.m.—Jack& Norma Vince were in attendance to request renewal of an agreement to operate a seasonal food booth on the east beach in Port Burwell. Item 8.1.(b) (b) 8:30 p.m.--Mike Peterson, Solicitor was scheduled but did not attend the In Camera Session to provide advice on a legal matter. 5. INFORMATION ITEMS 98-29 Moved by D. Mason Seconded by J. Petrie "THAT Information Items 5(a)—5(d)be received and filed." Disposition: Motion Carried Unanimously (a) Elgin County Council correspondence dated December 12, 1997 addressed to the Minister of Health regarding the assumption of responsibility for service delivery of land ambulance. File: A16.2 (Received and filed) (b) Communities in Bloom correspondence dated December 23, 1997 providing results of the 1997 Communities in Bloom National Awards. File: M2.1 (Received and filed) (c) Ontario Good Roads Association Municipal Routes Publication— November/December 1997 Issue. File: A16.16 (Received and filed) (d) Middlesex-Elgin Community Leaders' Letter—January/February 1998 Issue. File: M6.6 (Received and filed) COUNCIL MINUTES 21 JANUARY 22, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM I. CORRESPONDENCE& REPORTS (a) Ministry of Municipal Affairs and Housing correspondence dated December 22, 1997 providing a final version of the Delegation/Exemption Implementation Strategy. File: D8.1 98-30 Moved by D. Mason Seconded by J. Nezezon "THAT Item 6.1. (a) be received for information." Disposition: Motion Carried Unanimously (b) Selection of a Planning Consulting Firm (referred to Council by the Transition Board). File: A5.1 98-31 Moved by J. Petrie Seconded by D. Mason 'THAT Cumming Cockburn Ltd. be appointed as Planning Consultant for the Municipality of Bayham." Disposition: Motion Carried (c) Staff Report 98002 presenting a request from the Elgin Municipal Association for a full or partial fee waiver of Bayham Community Centre rental fees for the Eighth Annual Elgin Municipal Association Dinner Meeting. File: A1.6 98-32 Moved by D. Mason Seconded by J. Petrie 'THAT a 100% fee waiver of the Bayham Community Centre rental fees for the Eighth Annual Elgin Municipal Association Dinner Meeting be approved." Disposition,: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report 98007 providing an update on the proposal of a sour gas processing plant by Talisman Energy (formerly Pembina Exploration) and Memorandum from Cumming Cockburn Limited. File: D8.1.20 98-33 Moved by K.Nesbitt Seconded by J. Petrie "THAT the Council of the Municipality of Bayham feels confident that the Air Dispersion Modeling Report prepared by Conor Environmental Technologies Inc. will adequately address any concerns the Municipality may have concerning air dispersion; COUNCIL MINUTES 22 JANUARY 22, 1998 6. PLANNING DEVELOPMENT, RECREATION & TOURISM (continued) 2. UNFINISHED BUSINESS (Resolution # 98-33 continued) AND THAT Cumming Cockburn Limited prepare a site plan development agreement; AND THAT Talisman prepare a stormwater management plan to be reviewed by Spriet Associates at Talisman's expense; AND THAT Cumming Cockburn Limited be directed to proceed with preparation of official plan and zoning by-law amendments; AND THAT site plan issues and air dispersion matters be addressed as the amendments proceed through the provincial review process; AND THAT Staff be directed to forward a request to the Ministry to waive the public meeting process and expedite the approval of the Official Plan amendment." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS Councillor Mason requested that his memo to fellow councilors to set priorities and direction through a brainstorming session be implemented as soon as possible. Deputy Mayor Petrie informed Council that Mrs. Man had requested one year to remove a small barn on her property as a condition of severance. 4. PUBLIC MEETINGS 98-34 Moved by J. Petrie Seconded by D. Mason "THAT the Council Meeting be adjourned for the purpose of holding a Public Meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously 1. Applications: (a) Application by The Passionist Community Holy Cross Centre to change the zoning on a property comprising approximately 8.4 hectares (21 acres) situated north west of Port Burwell in Part Lots 6 and 7, Concession 1, from the Agricultural (Al)Zone to a Special Institutional (I)Zone. File: D13.1.71 (b) Application by Roman Catholic Episcopal Corporation of London to change the zoning on a property comprising approximately 5.1 hectares (13 acres) situated north west of Port Burwell in Part Lots 6 and 7, concession 1 from the Agricultural (Al) Zone to a special Institutional (I)Zone. File: D 13.l.72 COUNCIL MINUTES 23 JANUARY 22, 1998 6. PLANNING, DEVELOPMENT, RECREATION& TOURISM (continued) 4. PUBLIC MEETINGS (continued) 2. Declarations of Pecuniary Interest and the General Nature Thereof There were no declarations of pecuniary interest and the general nature thereof. 3. Staff Presentation In the absence of the Planning Co-ordinator,the Administrator explained the purpose of the applications. 4. Public Comments Neighbouring landowner Glen White expressed concern regarding the future land use possibilities if/when the equested changes are made. Solicitor for the applicants, Donald Prendergast commented that the applications are to acknowledge present actual use and accessibility, and that, to his knowledge no additional development is planned. Mr. White was requested to contact the Administrator or Planning Co-ordinator during office hours for further clarification of the Zoning designations. 5. Council Comments and Questions Council acknowledged that more information should be made available. 6. Adjournment 98-35 Moved by D. Mason Seconded by J. Petrie "THAT the Public Meeting be adjourned at 7:45 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Items 98-36 Moved by D. Mason Seconded by J. Petrie "THAT the Application by The Passionist Community Holy Cross Centre to change the zoning on a property comprising approximately 8.4 hectares (21 acres) situated north west of Port Burwell in Part Lots 6 and 7,Concession 1, from the Agricultural (A1)Zone to a Special Institutional(I)Zone be deferred to February 5, 1998." Disposition: Motion Carried Unanimously 98-37 Moved by J. Petrie Seconded by D. Mason "THAT the application by Roman Catholic Episcopal Corporation of London to change the zoning ona property comprising approximately 5.1 hectares (13 acres) situated north west of Port Burwell in Part Lots 6 and 7, concession 1 from the Agricultural (Al) Zone to a special Institutional (I) Zone be deferred to February 5,, 1998." Disposition: Motion Carried Unanimously COUNCIL MINUTES 24 JANUARY 22, 1998 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS No Items 2. UNFINISHED BUSINESS (a) Staff Report 98005 presenting a by-law to stop up, close and convey that part of the road allowance set out and described as Part of the road allowance between Lots 20 and 21, Concession 8, south of Eden Line as requested by Judy Oldham and to authorize the execution of documents for the purpose of transferring ownership. File: T9.18 98-38 Moved by D. Mason Seconded by J. Nezezon "THAT By-law 98-15, being a by-law to stop up, close and convey the road allowance between Lots 20 and 21, Concession 8, and authorize the Mayor and Clerk to execute the necessary Transfer of Deed be presented to Council for enactment; AND THAT the applicant be responsible for all associated costs." Disposition: Motion Carried Unanimously (b) Staff Report 98004 presenting Agreements and authorizing by-laws for contracted winter maintenance for the Villages of Vienna and Port Burwell. File: T6,1 98-39 Moved by K. Nesbitt Seconded by D. Mason "THAT By-laws 98-12 and 98-13, being by-laws authorizing the execution of agreements for contracted winter maintenance for the Villages of Port Burwell and Vienna respectively, be presented to Council for enactment." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS Concern was raised by Councillor Mason regarding snow-plowing no longer being provided for sidewalks and the municipal parking lot in the Village of Port Burwell. The Administrator is to discuss the clearing of the municipal parking lot in Port Burwell with the Road Superintendent. Councillor Nezezon suggested that property owners and business operators should be cleaning sidewalks in front of their own properties. Councillor Nesbitt noted that during a recent tour of the municipality by Council, that snow was not removed along the school property in Port Burwell. He suggested that Council look at the costs associated with providing these services as in the past. COUNCIL MINUTES 25 JANUARY 22, 1998 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) List of Building Permits issued for the month of December, 1997. File: P8.1 98-40 Moved by K. Nesbitt Seconded by J. Petrie "THAT Item 8.1.(a) be received." Disposition: Motion Carried Unanimously (b) Staff Report 98003 regarding Transient Trader Licences and requests for the operation of seasonal food booths on the east beach in Port Burwell. Jack and Norma Vince were in attendance regarding this matter. File: P7.3 98-41 Moved by K. Nesbitt Seconded by J. Nezezon "THAT the Council of the Municipality of Bayham is desirous of entering into a 3 year Lease Agreement with Jack and Norma Vince for the purpose of operating a food booth on the Municipal owned property on the east beach in the Village of Port Burwell; AND THAT terms and conditions of the agreement including the possibility of Mr. Vince maintaining the raking of the Municipal east beach be further negotiated by Council and the Vince's; AND THAT Schedule"A" of By-law 98-03 enacted by the Municipality of Bayham be amended to include a Transient Trader License fee of$300." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS 98-42 Moved by D. Mason Seconded by J. Petrie "THAT staff be directed to see what, if anything, can be done regarding the moving of the Canada Postal outlet for Vienna to another location, as the present location is causing considerable hardship to local residents." Disposition: Motion Carried Unanimously COUNCIL MINUTES 26 JANUARY 22, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Cheque Register for the period ending January 15, 1998. File: F10.3 98-43 Moved by J. Nezezon Seconded by K. Nesbitt "THAT the Cheque Register for the period ending January 15, 1998, be approved." Disposition: Motion Carried Unanimously (b) Correspondence referred to Council by the former Council of the Township of Bayham from Neil W. Tull expressing interest in an appointment to the Long Point Region Conservation Authority. File: A16.6 The Administrator advised Council that a resolution had been received from the Township of Malahide appointing Jack Petrie as representative on the Long Point Region Conservation Authority. 98-44 Moved by D. Mason Seconded by J. Nezezon "THAT Jack Petrie be appointed as the Municipal representative to the Long Point Region Conservation Authority." Disposition: Motion Carried (c) Township of Colborne correspondence dated January 6, 1998 seeking endorsement of a resolution to request the Province to provide adequate resources to investigate E-Coli bacteria contamination. File: C9.1 98-45 Moved by J. Petrie Seconded by D. Mason "THAT the Resolution of the Township of Colborne dated January 6, 1998, requesting the Province to provide adequate resources to investigate E-Coli bacteria contamination be endorsed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 27 JANUARY 22, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE & REPORTS (d) Township of Delhi correspondence dated December 18, 1997 advising of the adoption of a resolution to request the Province to amend or revise the Regulatory Tobacco Act. File: C9.1 98-46 Moved by J. Nezezon Seconded by K. Nesbitt "THAT the Township of Delhi correspondence dated December 18, 1997 advising of the adoption of a resolution to request the Province to amend or revise the Regulatory Tobacco Act be endorsed." Disposition: Motion Carried (e) Village of Blyth correspondence dated January 12, 1998 seeking support of their resolution regarding Education Tax Reform at the 1998 ROMA Conference. File: C9.1 98-47 Moved by J. Nezezon Seconded by D. Mason "THAT the Village of Blyth correspondence dated January 12, 1998 seeking support of their resolution regarding Education Tax Reform at the 1998 ROMA Conference be endorsed." Disposition: Motion Carried Unanimously (f) Motion proposed by Councillor Mason for the creation of a standing committee of Council for Economic Development, Tourism and Harbour Affairs. File: C 11.1 98-48 Moved by D. Mason Seconded by K. Nesbitt "WHEREAS Council recognizes the importance of economic development and of tourism to the financial viability of the Municipality of Bayham; AND WHEREAS Council also recognizes that the Port Burwell harbour will play a major part in the promotion and encouragement of harbour based industry, including tourism and natural gas exploration; AND WHEREAS the Municipality of Bayham will possibly be taking over ownership of the Port Burwell harbour from the Department of Fisheries and Oceans; AND WHEREAS the promotion and management of the above will involve extensive expertise, experience and time; THEREFORE the Council of the Corporation of the Municipality of Bayham deems it desirable to create a standing committee of Economic Development, Tourism and Harbour Affairs." Disposition: Motion Carried COUNCIL MINUTES 28 JANUARY 22, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (g) Harbour Lights Community News, Allan Spicer fax dated December 29, 1997 requesting consideration of the placement of paid municipal advertising in his publication. File: 6.2 98-49 Moved by K. Nesbitt Seconded by J. Nezezon "THAT the request by Allan Spicer requesting consideration of the placement of paid municipal advertising in the Harbour Lights Community News publication be approved." Disposition: Motion Carried Unanimously (h) Economic Developers Council of Ontario Inc. 41's Annual Conference, January 27—29, 1998 in Toronto. File: A4.1 98-50 Moved by J. Petrie Seconded by D. Mason "THAT information regarding the Economic Developers Council of Ontario Inc. 41'4 Annual Conference,January 27—29, 1998 in Toronto be received and filed." Disposition: Motion Carried Unanimously (i) Staff Report 98005 presenting a 1998 Interim Levy By-law. File: F22.1 98-51 Moved by J. Petrie Seconded by K. Nesbitt "THAT By-law 98-14, being a by-law to provide for an interim tax levy and to provide for the payment of taxes and for penalty and interest to be applied to taxes in arrears, be presented to Council for enactment." Disposition: Motion Carried Unanimously (j) Bennett Jones Verchere, Banisters& Solicitors correspondence dated January 8,1998 providing a copy of the Ontario Energy Board's Notice of a Natural Resource Gas Limited Rate application. File: E6.2 98-52 Moved by K. Nesbitt Seconded by J. Petrie "THAT the Bennett Jones,Verchere, Barristers & Solicitors correspondence dated January 8, 1998 providing a copy of the Ontario Energy Board's Notice of a Natural Gas Limited Rate application be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 29 JANUARY 22, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE & REPORTS (k) Wild Paths Inc. notice of a Northern Canadian Wilderness Experiences conference in Sudbury,May 1 &2, 1998. File: A4.I 98-53 Moved by K. Nesbitt Seconded by J. Petrie "THAT the Wild Paths Inc. notice of a Northern Canadian Wilderness Experiences conference in Sudbury,May 1 & 2, 1998 be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Association of Municipalities of Ontario Councillor Orientation Sessions. File: A1.2 (Deferred at the January 8th, meeting) 98-54 Moved by K. Nesbitt Seconded by J. Petrie "THAT the correspondence dated December 5, 1997 from the Association of Municipalities of Ontario advising of upcoming Council Orientation Sessions be received for information." Disposition: Motion Carried Unanimously (b) Ontario Municipal Management Institute Orientation Session for new Councillors. File: A1.8 (Deferred at the January 8th, meeting) 98-55 Moved by J. Petrie Seconded by K. Nesbitt "THAT the correspondence dated December 9, 1997 from the Ontario Municipal Management Institute advising of upcoming Council Orientation Sessions be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 30 JANUARY 22, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 3. OTHER BUSINESS The Administrator advised Council that applications had been received from the Richmond Minor Ball & Athletic Foundation Trust, Vienna Lions Club, and the Ladies Auxiliary to Branch 524 of the Port Burwell/Bayham Legion, to sell Lottery Tickets. 98-56 Moved by K. Nesbitt Seconded by J. Nezezon "THAT the Lottery Application submitted by the Richmond Minor Baseball & Athletic Foundation Trust to conduct a Break Open Ticket Lottery Scheme and to sell tickets at North Hall Snack and Variety be hereby approved." Disposition: Motion Carried Unanimously 98-57 Moved by J. Petrie Seconded by K. Nesbitt "THAT the Lottery Application submitted by the Vienna Lions Club to conduct a Break Open Ticket Lottery Scheme and to sell tickets at the Vienna Hotel be hereby approved." Disposition: Motion Carried Unanimously 98-58 Moved by D. Mason Seconded by J. Petrie "THAT the Lottery Application submitted by the Ladies Auxiliary to Branch 524 of the Port Burwell/Bayham Legion to conduct a Raffle Lottery Scheme and to sell tickets within the Municipality Bayham be hereby approved." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESONDENCE& REPORTS (a) The Recycling Council of Ontario call for nominations for the 1997 Ontario Waste Minimization Awards. File: E7.2 98-59 Moved by J. Petrie Seconded by D. Mason "THAT the Recycling Council of Ontario call for nominations for the 1997 Ontario Waste Minimization Awards be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 31 JANUARY 22, 1998 10. ENVIRONMENT (continued) 1. CORRESONDENCE& REPORTS (b) Association of Municipal Recycling Co-ordinators notice dated January 7, 1998 advising of municipal consultation workshops. File: E7.2 98-60 Moved by J. Nezezon Seconded by J. Petrie "THAT the Association of Municipal Recycling Co-ordinators notice dated January 7, 1998 advising of municipal consultation workshops be received and filed." Disposition: Motion Carried Unanimously (c) Lake Erie Management Plan correspondence advising of an information meeting "Fish, Phosphorus and Food Webs" to be held January 31, 1998 in Niagara Falls. File: E7.2 98-61 Moved by J. Nezezon Seconded by J. Petrie "THAT the Lake Erie Management Plan correspondence advising of an information meeting "Fish, Phosphorus and Food Webs" being held January 31, 1998 in Niagara Falls be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS Councillor Nezezon questioned why GST was now being charged on sale of Transfer Station Tickets. The Administrator explained that when other than taxation revenue is estimated to be over $30,000. per year, GST must be charged. Further she suggested that this information would be passed on to ratepayers in an upcoming mailing. The Administrator informed Council that one of the portable generators from the Port Burwell Sewage Treatment Plant had been sent to assist in the emergency situation in Eastern Ontario due to a recent extensive ice storm. 98-62 Moved by K. Nesbitt Seconded by J. Petrie "THAT in accordance with Section 12 of Procedural By-law 98-02, Council shall deal with business until 11:00 p.m. at its meeting of January 22, 1998," Disposition: Motion Carried Unanimously COUNCIL MINUTES 32 JANUARY 22, 1998 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE& REPORTS (a) Discussion regarding a legal matter. 98-63 Moved by J. Petrie Seconded by J. Nezezon "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 98-64 Moved by D. Mason Seconded by J. Petrie "THAT the Committee of the Whole do now rise from the"In Camera" Session without reporting." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Consideration of Staff Report 98001 regarding salaries. File: H9.2 This matter was dealt with at a special meeting of Council on January 20, 1998. 3. OTHER BUSINESS No Items. 12. BY-LAWS By-law 98-12 A By-law to authorize Mayor and Clerk to enter into an agreement with Steve Laemers for the provision of winter maintenance in the Village of Port Burwell By-law 98-13 A By-law to authorize Mayor and Clerk to enter into an agreement with Gilles Menard for the provision of winter maintenance in the Village of Vienna By-law 98-14 A By-law to impose an Interim Levy for taxes By-law 98-15 A By-law to stop up, close and convey the road allowance between Lots 20 and 21, Concession 8 and to authorize the Mayor and Clerk to execute the necessary Transfer of Deed (Oldham/Krahn) 98-65 Moved by J. Petrie Seconded by K. Nesbitt "THAT By-laws 98-12, 98-13, 98-14, and 98-15, be read a first and second time." Disposition:, Motion Carried Unanimously COUNCIL MINUTES 33 JANUARY 22, 1998 12. BY-LAWS (continued) 98-66 Moved by J. Nezezon Seconded by J. Petrie "THAT By-laws 98-12,98-13,98-14, and 98-15, be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 98-67 Moved by J. Petrie Seconded by J. Nezezon "THAT the Council Meeting be Adjourned at 11:00 p.m." Disposition: Motion Carried Unanimously Aeti • „if MAYO C 'ERK Date Approved: h 579