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HomeMy WebLinkAboutFebruary 19, 1998 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 14 Plank Road North STRAFFORDVILLE, ONTARIO Thursday, February 19, 1998 7:00 p.m. and Friday, February 20, 1998 9:00 a.m. The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, February 19, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councillors David Mason, and John Nezezon, Administrator/Treasurer Lynn S. Buchner, and Clerk/Deputy Treasurer Lynda Millard. Councillor Ken Nesbitt was absent. I. 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 There was no disclosure of pecuniary interest or the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES 98-108 Moved by J. Nezezon Seconded by D. Mason "THAT the minutes of the regular meeting of the Municipality of Bayham on February 5, 1998 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 an.-Bill Ghevsen, Vienna Lions Club representative requesting permission to erect a pavilion at Memorial Park in Vienna. Mr. Gheysen presented an update to Council as to how the Memorial Park in the Village of Vienna, through the efforts of the Business Improvement Association and the Vienna Lions Club as well as local volunteers had become the attractive park it is today. Permission had been received from the Vienna Community Centre and Recreation Board (members of the former Village of Vienna Council), for the Lions Club to build a pavilion on the existing cement pad in the park, subject to permit approvals. He requested approval from the new Council to proceed with those plans. See 8.3(a)for resolution. (b) 7:30 p.m.—George Dawson, St. Thomas/Elgin Health Unit was in attendance to discuss inspection/approval service for private septic systems. See 10.3 for resolution. File: E0 COUNCIL MINUTES 51 FEBRUARY 19 & 20, 1998 4. DELEGATIONS(continued) (b) Mr. Dawson handed out a copy of the Elgin-St. Thomas Health Unit Private Sewage System Proposal, and outlined the changes for private septic system inspections which will become municipal responsibility under the Ontario Building Code, effective April 6, 1998. The Health Unit would like to continue to deliver these services, and provided a fee schedule for Council's consideration. (c) 7:45 a.m.—James Oliver general Manager, Long Point Region Conservation Authority was in attendance regarding 1998 budget and municipal levy to be presented at the Annual meeting scheduled for February 20, 1998. Items 9.1(a), 10.1 (c) File: F16.6 Mr. Oliver gave a short outline regarding projects included in the proposed 1998 budget and levy, without any increase. The Authority will continue to promote erosion reduction in the watershed through no till practices and tree planting. He explained that the Lower Big Otter Remedial Plan will continue to receive Federal funding under Great Lakes 2000. Assistance will be offered to municipalities in planting trees along north/south roadways to aid in erosion reduction and winter control. (d) 8:00 p.m.—Gary Blazak, Cumming Cockburn Limited was in attendance to present Official Plan Amendment No. 105 and Zoning By-law Amendment No. Z385-98, having reference to an application by Talisman Energy(Pembina Exploration) for a sour gas plant on property known as Part Lot 15 Concession 2. Item 6.2(a), 6.2(b) File: D8.1.20 Mr. Blazak updated Council on the steps taken in the Official Plan and Zoning By-law amendment process to date, and recommended that the Official Plan amendment No. 105 be given approval so that the circulation process could continue. Mr. Blazak felt that the circulation process would allow concerns to be addressed by the various Ministries. It was also suggested that the Zoning By-law amendment be given only first and second reading and that a Development or Site Plan Agreement be in place prior to third and final reading. (e) Steve Trudeau, Pat Teall Trudeau,Harris Teall, and Tony Csinos regarding Item 6.2(a), 6.2(b) File: D8.1.20 Presentations were made by Tony Csinos, Hams Teall and Steve Trudeau in opposition to the proposed Official Plan and Zoning By-law amendments to accommodate the sour gas plant proposed by Talisman Energy (formerly Pembina Exploration). (0 Andrew Cantwell, Talisman Energy Limited,to discuss a proposed sour gas plant. Item 6.2(a) Mr. Cantwell declined the opportunity to attempt to address any of the concerns raised. (g) 8:30 a.m. Maureen Beatty,,Co-ordinator of Planning and Community Services regarding Items 6.1(d), 6.2(c). File: P11.4 COUNCIL MINUTES 52 FEBRUARY 19 & 20, 1998 5. INFORMATION ITEMS 98-109 Moved by J. Petrie Seconded by D. Mason "THAT Information Items 5(a)—5(g) be received and filed." Disposition: Motion Carried Unanimously (a) Rural Ontario Municipal Association(ROMA)Annual report of chairman Fred Thomas. Received and filed. File: A1.5 Administrator Staff Report 98019(ROMA) Received and fled. File: A1.5 (b) Long Point Region Conservation Authority minutes of meeting held January 7, 1998. Received and filed. File: A16.6 (c) Canadian Federation of Independent Business correspondence dated January 30, 1998 regarding concerns with property tax reform in Ontario. Received and filed. File: A16.18 (d) Ecoplans Ltd. correspondence dated January 21, 1998 regarding the selection of Preliminary Preferred Route for the Dawn to Lake Erie Pipeline Project, St. Clair Pipelines &Newsletter. Received and filed. File: E6.1 (e) Municipal Alert correspondence dated February 10, 1998 regarding March 6th deadline for application to Municipal Restructuring and Special Circumstances Funds. Received and filed. File: A1.2 (f) Municipal Alert correspondence dated February 10, 1998 regarding release of Draft New Municipal Act. Received and filed. File: A1.2 (g) AMO News Release dated February 6, 1998 "Municipalities Demand that the Province meet its Common Sense Revolution Promise". Received and filed. File: A1.2 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE & REPORTS (a) Port Rowan/Long Point Chamber of Commerce correspondence dated January 29, 1998 regarding Talbot Trail signage concerns. File: R8.1 98-110 Moved by D. Mason Seconded by J. Petrie "THAT the correspondence dated January 29, 1998 from the Port Rowan/Long Point Chamber of Commerce be received; AND THAT staff forward the correspondence to the Economic Development and Tourism Committee, once established." Disposition: Motion Carried Unanimously COUNCIL MINUTES 53 FEBRUARY 19 & 20, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) I. CORRESPONDENCE& REPORTS (b) Ministry of Citizenship, Culture and Recreation correspondence dated Janauryl5, 1998, inviting participation in three volunteer recognition programs. File: A16.13 98-111 Moved by D. Mason Seconded by J. Petrie THAT correspondence from the Ministry of Citizenship, Culture and Recreation be received and filed. Disposition: Motion Carried Unanimously (c) Royal Canadian Legion Port Burwell/Bayham correspondence regarding advertising in booklet for Spring Convention. File: R8.1 98-112 Moved by J. Petrie Seconded by D. Mason THAT the correspondence from the Royal Canadian Legion Port Burwell/Bayham be received; AND THAT staff be directed to update the advertisement to include the attributes of the Municipality of Bayham in a 1/page advertisement for a price of$45.00." Disposition: Motion Carried Unanimously (d) Co-ordinator of Planning and Community Services Staff Report 98020 regarding Tourism advertising. File: D0.6 98-113 Moved by D. Mason Seconded by J. Petrie "THAT Staff Report 98020 be received; AND THAT in addition to the 1998 Southwestern Ontario Travel Association Memberships for the Municipality of Bayham,Port Burwell Marine Museum, and the Vienna Edison Museum, staff be directed to: • Purchase a half page advertisement at a cost of$625. plus GST in the St. Thomas Elgin Tourist Association 1998 Visitors' Guide plus two ads for the museums at a cost of$75. each plus GST." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Official Plan Amendment application No. 105 and Zoning By-law Amendment application No. Z385-98, submitted by Talisman Energy Incorporated to amend the Official Plan and Zoning By-law to permit a sour gas processing plant on property described as Part Lot 15 Concession 2. File: D8.1.20 COUNCIL MINUTES 54 FEBRUARY 19 & 20, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2.(a) UNFINISHED BUSINESS 98-114 Moved by J. Nezezon Seconded by D. Mason "THAT the Official Plan Amendment application as submitted by Pembina Exploration Limited (now Talisman Energy Incorporated) be approved; AND THAT By-law 98-22, being a by-law to adopt Amendment No. 105 to the Township of Bayham Official Plan,to change the land use designation on a parcel of land from "Agriculture"to "Special Agriculture Area No. 1" to facilitate the development of a natural gas processing plant by Talisman Energy Limited be presented to Council for enactment." Disposition: Motion Carried Unanimously 98-115 Moved by D. Mason Seconded by I. Nezezon "THAT the Zoning by-law application submitted by Pembina Exploration Limited (now Talisman Energy Incorporated) be approved; AND THAT By-law Z385-98, being a by-law to amend the Township of Bayham Zoning By-law No. 2387 to change the zoning on a property comprising approximately 13.7 hectares (33.8 acres) situated on the south side of Highway 19 in Part Lot 15, Concession 2,in the Municipality of Bayham,from the Agricultural (Al) Zone and the Future Development(FD) Zone to the Special Rural Industrial (M2-12)Zone to permit the establishment of a natural gas processing plant by Talisman Energy Limited be presented to Council for first and second reading." Disposition: Motion Carried Unanimously (b) Correspondence dated February 3, 1998 from Harris Teall on behalf of area residents expressing concern regarding proposed sour gas plant by Talisman Energy. File: D8.1.20 98-116 Moved by J. Nezezon Seconded by D. Mason "THAT correspondence dated February 3, 1998 from Harris Teall be received." Disposition: Motion Carried Unanimously COUNCIL MINUTES 55 FEBRUARY 19 & 20, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. UNFINISHED BUSINESS (c) Co-ordinator of Planning and Community Services Staff Report 98018 regarding Land Use Planning. File: D13.1, D8.1 98-117 Moved by J. Nezezon Seconded by D. Mason "THAT Staff Report 98018 having reference to a review of land use planning matters be received and forwarded to Cumming Cockburn Limited with a request to submit to staff a detailed breakdown of the consulting costs required to undertake the reviews set out in the report." Disposition: Motion Carried Unanimously (d) Councillor Mason updated Council regarding SWOTA seminar "Take Charge of Your Thinking" that he attended on February 13, 1998. 3. OTHER BUSINESS (a) 98-118 Moved by J. Nezezon Seconded by J. Petrie "THAT Staff be directed to erect 9-1-1 municipal addressing property signage on properties in Vienna fronting along Plank Road in order to allow proper measuring for signage to continue along Plank Road from Vienna south to Port Burwell; AND THAT residential dwellings situated along Plank Road and Centre Road be all consistently signed as if fronting on Centre Road." Disposition: Motion Carried Unanimously (b) 98-119 Moved by J. Petrie Seconded by J. Nezezon "WHEREAS the Council of the Municipality of Bayham recognizes that the efforts of the Volunteer Fire Fighters Association are for the exclusive benefit of the residents of the Municipality of Bayham; THEREFORE be it resolved that for the purposes of fundraising for the Municipality's Fire Department,the Fire Fighters Association be exempt from paying rental fees for the use of the Community Centres and the related requirement of purchasing bar mix supplies through the Straffordville Community Centre will be waived for March 4, 1998." Disposition: Motion Carried Unanimously COUNCIL MINUTES S6 FEBRUARY 19 & 20, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. OTHER BUSINESS (c) 98-120 Moved by D. Mason Seconded by J. Petrie "THAT correspondence received February 19, 1998 submitted by Tony Csinos concerning Official Plan Amendment No 105 and Zoning By-law amendment Z 385-98 be received." Disposition: Motion Carried Unanimously (d) 98-121 Moved by J. Petrie Seconded by D. Mason "THAT correspondence received from NRG and Long Point Region Conservation Authority including comments regarding proposed Official Plan Amendment No. 105 and the Zoning By-law amendment in regard to Talisman Energy (formerly Pembina Exploration) be received for information." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE I. CORRESPONDENCE& REPORTS (a) Town of Tillsonburg correspondence dated February 9, 1998 regarding Reconstruction of Bayham Drive. File: T4.3 98-122 Moved by D. Mason Seconded by J. Petrie "THAT the correspondence, dated February 9, 1998 from the Town of Tillsonburg, regarding reconstruction of Bayham Drive be received; AND THAT consideration be given during the 1998 Budget deliberations." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report 98017 regarding winter control maintenance of sidewalks from February 5, 1998 meeting. Frank Cowan Company Limited correspondence dated February 5, 1998 regarding liability for winter sidewalk maintenance. File: T12.1 98-123 Moved by D. Mason Seconded by J. Nezezon "THAT correspondence dated February 5, 1998 from Frank Cowan Company Limited, regarding winter control sidewalk maintenance be received." Disposition: Motion Carried Unanimously COUNCIL MINUTES 57 FEBRUARY 19 & 20, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 3. OTHER BUSINESS No Items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS No Items. 2. UNFINISHED BUSINESS (a) Staff Report 98022 regarding municipal owned facility security. 98-124 Moved by D. Mason Seconded by J. Petrie "THAT Staff Report 98022 having reference to security of municipal owned facilities be received; AND THAT quotes be obtained for buildings ranked as# 1." Disposition: Motion Carried 3. OTHER BUSINESS (a) 98-125 Moved by J. Nezezon Seconded by J. Petrie "THAT the Council of the Municipality of Bayham authorize the Vienna Lions Club to erect a pavilion at the Vienna Memorial Park, subject to the required permit approvals, including Long Point Region Conservation Authority approval." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Long Point Region Conservation Authority correspondence dated January 23, 1998 regarding Annual meeting February 20, 1998 and proposed 1998 budget. File: F16.6 98-126 Moved by J. Nezezon Seconded by D. Mason "THAT the correspondence from the Long Point Region Conservation Authority dated January 23, 1998 with regard to the 1998 Draft Budget and Annual meeting be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 58 FEBRUARY 19 & 20, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 1. CORRESPONDENCE& REPORTS (b) County of Oxford correspondence dated February 9, 1998 regarding the 1998 Long Point Region Conservation Authority draft budget. File: C9.1 98-127 Moved by J. Petrie Seconded by D. Mason "THAT the correspondence from the County of Oxford dated February 9, 1998 requesting Long Point Region Conservation Authority to decrease their levy to the County by 1.7% to reflect the decrease in expenditures imposed by the province be received and filed." Disposition: Motion Carried Unanimously (c) Invitation to the 1998 OSUM Conference April 29—May 2, 1998 in Huntsville. File: A1.1 98-128 Moved by D_ Mason Seconded by J. Petrie "THAT the Ontario Small Urban Municipalities correspondence inviting members to the '98 conference from April 29 —May 2, 1998 be received and filed." Disposition: Motion Carried Unanimously (d) KMK Consultants Limited correspondence dated February 9, 1998 regarding Municipal assumption of liabilities with respect to water and sewage treatment facilities. File: EO. 98-129 Moved by J. Petrie Seconded by D. Mason "THAT the correspondence from KMK Consultants, dated February 9, 1998, regarding municipal assumption of liabilities with respect to water treatment/sewage treatment facilities be received; AND THAT in recognition of the Township of Bayham Council's Resolution No. 97-624 passed December 18, 1997 stating: 'THAT Staff Report 97083, having reference to the Port Burwell Sewage Treatment Plant, be received for information; AND THAT Council does not see the necessity for undertaking an audit of the plant in 1998 THEREFORE the Council of the Municipality of Bayham does not wish to pursue a professional assessment of the sewage treatment plant facility in Port Burwell." Disposition: Motion Carried Unanimously COUNCIL MINUTES 59 FEBRUARY 19 & 20, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (d).1 The Administrator informed Council that Staff from the municipalities who share the use of the Elgin Area Water System that will be divested from the ownership of the Ontario Clean Water Agency to the municipalities in 1998 have been meeting to prepare for the acceptance of title of the infrastructure. Further, she explained that a proposed package containing recommendations with regard to Committee Structure, administration and allocation, should be ready for Council's consideration in March, as the Ministry of Environment has set a deadline on having these concerns addressed by March 31, 1998. 98-130 Moved by D. Mason Seconded by J. Petrie "WHEREAS under the provisions of the Municipal Water and Sewage Transfer Act which received Royal assent on May 27, 1997,the Province intends to transfer ownership of the water treatment/distribution system facilities, currently under title to the Ontario Clean Water Agency, from the Agency to the benefiting municipality or group of municipalities serviced by an area scheme; AND WHEREAS the System, known as the Elgin Area Water System, services the following group of municipalities: Municipality of Bayham, Municipality of Central Elgin, Township of Southwold, Township of Malahide, Town of Aylmer, City of St. Thomas, and the City of London; AND WHEREAS given that Section 11 of the Transfer Act eliminates the potential for a cross claim by the Municipalities against the Ontario Clean Water Agency for any action of negligence or environmental recovery taken against the Municipalities resulting from any inherent deficiencies or defects of the facility or compliance with the requirements of the Certificate of Approval; THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Bayham, upon agreement from the other users of the System as listed above, is desirous of retaining the services of a professional to carry out a "due diligence" audit of the Elgin Area Water System before the transfer order takes effect; AND FURTHER THAT the costs associated with the conduct of this audit shall be allocated to the above named users based on the 1998 percentage of estimated volume as provided by the Ontario Clean Water Agency; AND THAT the costs to the Municipality of Bayham should not exceed $550; AND THAT Robert E. Cooper,Water Engineering Division Manager, City of London, be authorized to negotiate an agreement for the"due diligence" audit on behalf of the users of the Elgin Area Water System, contingent upon similar resolutions passed by all other users of the System." Disposition: Motion Carried Unanimously COUNCIL MINUTES 60 FEBRUARY 19 & 20, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 1. CORRESPONDENCE & REPORTS (e) District of Municipality of Muskoka memorandum dated February 3, 1998 regarding resolution concerning the Association of Municipalities of Ontario. File: A16.1 98-131 Moved by D. Mason Seconded by J. Petrie "THAT the memorandum from the District Municipality of Muskoka, dated February 3, 1998 regarding disassociation with the Association of Municipalities of Ontario be received and filed." Disposition: Motion Carried Unanimously (f) Toronto Mayor correspondence dated February 10, 1998 regarding an invitation to attend a forum on "Moving Forward on Stewardship for LCBO Packaging" on February 24th, 1998 in Toronto. File: A4.1 98-132 Moved by J. Nezezon Seconded by D. Mason "THAT the invitation received from the City of Toronto and the Solid Waste Association of North America to an information forum regarding a deposit-refund system for LCBO packaging be received and filed." Disposition: Motion Carried Unanimously (g) Royal Canadian Legion Port Burwell/Bayham correspondence dated February 3, 1998 regarding exemption from taxation. File: F22.1 98-133 Moved by J. Nezezon Seconded by D. Mason "THAT the correspondence from the Royal Canadian Legion Port Burwell/Bayham dated February 3, 1998 requesting exemption from taxation be tabled." Disposition: Motion Carried Unanimously (h) Notice of Meeting for a proposed Straffordville Business Association to be held February 25th, 1998 at 7:30 p.m. in the Straffordville Library basement. Organizers have invited a representative from the Bayham Council to attend. File: D2.1 COUNCIL MINUTES 61 FEBRUARY 19 & 20, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) CORRESPONDENCE& REPORTS (h) 98-134 Moved by D. Mason Seconded by J. Nezezon "THAT the Notice of Meeting for a proposed Straffordville Business Association to be held February 25, 1998 be received; AND THAT John Nezezon be appointed to attend to represent the Council of the Municipality of Bayham." Disposition: Motion Carried Unanimously (i) Cheque Register for the period ended February 20, 1998. Cash Requirement Report to February 28, 1998. File F10.3 98-135 Moved by J. Petrie Seconded by D. Mason "THAT the Cheque Register for the period ending February 20, 1998, and the Cash Requirements for the period ending February 28, 1998 be approved." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 98-136 Moved by D. Mason 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 February 19, 1998." Disposition: Motion Carried Unanimously 98-137 Moved by J. Petrie Seconded by D. Mason "THAT Lottery Licence Applications, Item Nos. 9.1(j), 9.1(k), and 9.1(m) be approved." Disposition: Motion Carried Unanimously (j) St. Luke's Anglican Guild—Vienna, Raffle Lottery Licence application dated February 6, 1998,to sell tickets at the Vienna Community Centre. Approved. File: A11..12 (k) Tillsonburg Knights of Columbus Council 3212 Break Open Ticket Lottery Licence application dated February 10, 1998, to sell tickets at the Eden General Store. Approved. File: A11.12 (m) The Ruffed Grouse Society of Canada Break Open Ticket Lottery Licence application, dated February 1, 1998, to sell tickets at the Port Burwell Tavern. File: A11.12 Approved. COUNCIL MINUTES 62 FEBRUARY 19 & 20, 1998 MOTION TO ADJOURN AND RECONVENE 98-138 Moved by J. Petrie Seconded by D. Mason "THAT the Council Meeting be adjourned at 11:02 p.m., to reconvene at 9:00 a.m.Friday, February 20, 1998." Disposition: Motion Carried Unanimously MEETING RECONVENED Council reconvened in Council Chambers on Friday, February 20, 1998. 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 Stewart recalled the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest or the general nature thereof. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (1) Administrator Treasurer Staff Report 98012 regarding 1998 Water/Sewer Rates. File: F 98-139 Moved by J. Nezezon Seconded by J. Petrie "THAT Staff Report 98012 be received; AND THAT the Council of the Municipality of Bayham sets the water and sewage rates each year based on budgeted expenditures to provide the services; THEREFORE the Council of the Municipality of Bayham sets water and sewage rates for the 1998 fiscal year as follows: Min. Monthly Fee Minimum Billing Rate per m3 Water $10.00 $20.00 $1.10 Sewer $23.00 $46.00 $1.35 AND THAT these rates and fees be applied consistently to all users within the Municipality of Bayham; AND THAT billings will be issued on a bi-monthly basis with the first billing period being January 1 to February 28, 1998; .../continued COUNCIL MINUTES 63 FEBRUARY 19 & 20, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (1) Resolution 98-139(continued) AND THAT consistent with Schedule "A" of the Rates and Fees By-law No. 98-03, penalty charges on overdue water and sewage fees will be set a 5% of the bill; AND THAT the penalty charges be charged on the first day following the due date upon accounts that remain outstanding; AND THAT a by-law setting out the rates and fees for water and sewage rates be presented to Council for first and second readings at the regular meeting on February 20, 1998." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Report prepared by Clerk, Lynda Millard regarding Committee Structure. Deferred from January 15, and February 5, 1998. File: CO 98-140 Moved by D. Mason Seconded by J. Petrie "THAT the Committee Structure Report prepared by the Clerk be deferred to a Special Meeting on Wednesday,March 4, 1998 at 9:00 a.m." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS 98-141 Moved by J. Petrie Seconded by I Nezezon "THAT the requirement for giving of notice of intention to pass a by-law be hereby waived; AND THAT By-law No. 98-24, being a by-law to confirm actions of the Council of the Corporation of the Municipality of Bayham be presented for enactment." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Township of Hagarty&Richards correspondence dated January 27, 1998 requesting support regarding Recyclable Containers—Deposit and Refund System. File: E7.2 COUNCIL MINUTES 64 FEBRUARY 19 & 20, 1998 10. ENVIRONMENT (continued) CORRESPONDENCE & REPORTS (a) 98-142 Moved by J. Petrie Seconded by J. Nezezon "THAT Township of Hagarty & Richards correspondence dated January 27, 1998 requesting support to initiate a deposit and refund system for items sold in containers be received and filed." Disposition: Motion Carried Unanimously (b) Pitch-In Ontario correspondence dated January 1998 regarding Pitch-In Canada week, May 4th— 10th and request for financial support. File: E7.2 98-143 Moved by I Nezezon Seconded by J. Petrie "THAT the correspondence announcing 1998 Pitch-In Canada Week, May 4— 10 be received; AND THAT copies be forwarded to local Service Clubs and Business Associations." Disposition: Motion Carried Unanimously (c) Long Point Region Conservation Authority correpondence dated January 23, 1998 regarding proposed municipal road side treeplanting project. File: E4.1 98-144 Moved by J. Petrie Seconded by D. Mason "THAT correspondence from Long Point Region Conservation Authority announcing a proposed municipal road-side tree planting project be received; AND THAT the Road Superintendent be directed to prepare a recommendation with regard to this proposal for Council's review." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES b5 FEBRUARY 19 & 20, 1998 10. ENVIRONMENT (continued) 3. OTHER BUSINESS 98-145 Moved by J. Nezezon Seconded by K. Nesbitt "THAT Staff members Dwayne Daniel and Ed Roloson be authorized to attend training sessions offered by the Ministry of Municipal Affairs and Housing,for certification to conduct private sewage system inspection and approval services in accordance with Part VIII of the Building Code." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 98-146 Moved by D. Mason Seconded by J. Petrie "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss legal, property and personnel matters." Disposition: Motion Carried Unanimously 98-147 Moved by J. Petrie Seconded by D. Mason "THAT the Council do now rise from the "In Camera" Session and report." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE& REPORTS (a) Ministry of Transportation correspondence regarding property matter. File: A20.1 98-148 Moved by J. Nezezon Seconded by J. Petrie "THAT the confidential Ministry of Transportation correspondence regarding a property matter be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Correspondence from Groom& Szoreny regarding a legal matter. From February 5th 1998 meeting. (b) Staff correspondence dated January 27, 1998 regarding a personnel matter. Deferred from February 5th, 1998. (c) Staff Report 98013 regarding a property matter. From February 5th 1998 meeting. COUNCIL MINUTES 66 FEBRUARY 19 & 20, 1998 11. COMMITTEE OF THE WHOLE(continued) 3. OTHER BUSINESS 98-149 Moved by J. Petrie Seconded by J. Nezezon "THAT the confidential correspondence received from Willms & Shier, Barristers and Solictors, dated February 18, 1998 be received for information." Disposition: Motion Carried Unanimously 12. BY-LAWS By-law 98-16 A By-law to set Remuneration to be paid to Municipal Officers and Employees 98-150 Moved by D. Mason Seconded by J. Petrie "THAT By-law 98-16 be deferred." Disposition: Motion Carried Unanimously By-law 98-21 A By-law to set water and sewer rates By-law 98-22 A By-law to adopt Amendment No. 105 to the Township of Bayham Official Plan(Talisman Energy) By-law 98-23 A By-law to amend By-law No. 98-14, Interim Tax Levy Z385-98 A By-law to amend Township of Bayham Zoning By-law No. 2387 (Talisman) 98-151 Moved by J. Petrie Seconded by D. Mason "THAT By-laws 98-21, 98-22, 98-23 and Z385-98 be read a first and second time." Disposition: Motion Carried Unanimously 98-152 Moved by J. Nezezon Seconded by J. Petrie "THAT By-laws 98-22 and 98-23 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 67 FEBRUARY 19 & 20, 1998 12. BY-LAWS (continued) By-law 98-24 A By-law to confirm actions of Council 98-153 Moved by D. Mason Seconded by J. Petrie "THAT By-law 98-24 be read a first and second time." Disposition: Motion Carried Unanimously 98-154 Moved by J. Petrie Seconded by D. Mason "THAT By-law 98-24 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 98-155 Moved by J. Petrie Seconded by D. Mason "THAT the Council meeting be adjourned at 11:04 a.m." Disposition: Motion Carried Unanimously jat/.1, CL R` � , Date approved: J9