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HomeMy WebLinkAboutMarch 05, 1998 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 14 Plank Road North STRAFFORDVILLE, ONTARIO Thursday,March 5, 1998 9:00 a.m. The regular meeting of Council of the Municipality of Bayham was held at 9:00 a.m. on Thursday, March 5, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor J. 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 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Municipality of Bayham Minutes of the regular meeting held February 19 and February 20, 1998. 98-170 Moved by J. Nezezon Seconded by J. Petrie 'THAT the minutes of the regular meeting of the Municipality of Bayham on February 19, 1998 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:15 a.m. -Marion Marr, ratepayer, was in attendance regarding Item 6.1(b) (b) 9:30 a.m.—Don Prendergast, solicitor and Glen White, ratepayer were in attendance regarding rezoning applications by the Passionist Community Holy Cross Centre and the Roman Catholic Episcopal Corporation of the Diocese of London. Item 6.2(a) (c) 9:45 a.m.—George Enei, Fisheries & Oceans Canada, Small Craft Harbours' Facility—Port Burvivell was in attendance to discuss the Management Agreement and Transfer Framework Agreement. Council was briefed on the offer from the federal government regarding acquisition of the Port Burwell harbour property. Of concern was the current condition as well as ongoing maintenance, especially the cost of dredging which has historically been necessary every other year. A meeting is to be arranged on location before discussions proceed. The property would be required to remain as a public facility for five years plus a day if Bayham does accept ownership. Item 9.1(b) File: R8 COUNCIL MINUTES 73 MARCH 5, 1998 4. DELEGATIONS (continued) (d) 10:15 a.m.—Bill Hett, TCR Environmental Corporation, was in attendance to present a proposal for the provision of solid waste management services for the Municipality. He stated that the proposed Template Agreement with GreenLane Environmental Group would hold municipalities to a 10-year commitment, and that extensive changes in the waste management field could occur in that length of time. Mr. Hett stated the services offered would include a wet/dry bag alternative, with weekly pickup at less cost than the present system. He explained their service would increase the amount to be diverted from landfill. Approximately the 20%which cannot be diverted goes to landfill in Michigan or the Essex/Windsor area. Their plant is designed for two shifts, but is presently operating with only one, employing 26 workers. A second shift is currently being added. The compost, which takes 28 days to make, is apparently in high demand by local farmers, Mr. Hett stated that his company could provide similar services to our present Transfer Station site. Bins could be supplied for construction materials and large items disposal. File: E (e) 10:45 a.m.—Henry Valks Port Burwell Provincial Park was in attendance to apprise Council of current and proposed operations of the Port Burwell Provincial Park, and to address various concerns including municipal water billings. Mr. Valks explained that the Park's open season is being extended through Thanksgiving, and that bird watching, the Savana beach, wildlife and plants unique to the area are to be promoted. Mr. Valks gave appreciation for the recent improvements to the road access to the Park (at 50% shared costs). File: 8.2.2 (f) 11:30 a.m.-Bob Bartlett, Road Superintendent,was in attendance regarding Staff Report 98023. Item 7.1(a). (g) 1:30 p.m. -Harley Underhill, Elgin County Personnel Administrator,was in attendance regarding a personnel matter. 5. INFORMATION ITEMS 98-171 Moved by J. Nezezon Seconded by I. Petrie "THAT Information Items 5(a) to 5(1) be received and filed." Disposition: Motion Carried Unanimously (a) Bayham Community Policing Committee minutes of meeting held February 18, 1998. File: C6.1 (b) Port Burwell Marine Museum Advisory Committee minutes of meeting held December 2, 1997. File: C6.1 (c) Association of Municipalities of Ontario correspondence dated February 18, 1998 regarding resolutions by the Village of Blyth and District of Muskoka concerning AMO. Also information kit regarding a special AMO meeting in Toronto on February 6/98 File: A1.2 COUNCIL MINUTES 74 MARCH 5, 1998 5. INFORMATION ITEMS (continued) (d) YWCA correspondence dated February 3, 1998 inviting submission of nominations for the "Women of Distinction Award". File: E6.1 (e) Ontario Hydro correspondence dated February 3, 1998 regarding Nuclear Waste Management Newsletter. File: E6.3 (f) St. Thomas-Elgin General Hospital Foundation newsletter "Heartbeat". File: SO (g) Festival &Events Ontario—Annual Conference March 26—29, 1998 in Niagara Falls. File: A1.2 (h) London Community Foundation correspondence dated February 19, 1998 regarding ConneXion'98 —Volunteer Expo for Youth initiative. File: A1.1 (i) Ontario Good Roads Association "Municipal Routes"Newsletter January 1998 issue. File: 'TO (j) The Fraser Institute correspondence regarding Liquor Retailing Conference: "Options for the Province of Ontario". File: A1.1 (k) Bayham Community Health Action Committee minutes of the meeting held January 19, 1998. File: SO (1) Bayham Community Health Action Committee correspondence dated March 2, 1998, thanking Council for their commitment of financial support in regard to the telephone health needs survey. File: SO 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Talbot Settlement Heritage Society correspondence dated February 19, 1998 regarding heritage preservation and designation concerns. File: D6.1 98-172 Moved by K. Nesbitt Seconded by I Nezezon "THAT the correspondence received February 19, 1998,from the Talbot Settlement Heritage Society be received." Disposition: Motion Carried Unanimously COUNCIL MINUTES 75 MARCH 5, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE& REPORTS (b) Zoning By-law amendment application submitted by Marion Marr. File: D13.1. 98-173 Moved by J. Petrie Seconded by D. Mason "THAT the application by Marion Marr to rezone a parcel of land described as Part Lot 116, Concession South Talbot Road from the Rural Commercial RC-3 Zone and the Agricultural)Al Zone to the Rural Residential RR Zone to facilitate the severance of a portion of the adjoining parcel as a lot addition be accepted, subject to the municipality receiving authorization in writing from the joint property owners and written comments from the Elgin/St. Thomas Health Unit; AND THAT the application be forwarded to staff and the Planning Consultant for review, scheduling of a public meeting and by-law preparation." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (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 (1)Zone. File: D13.1.71 98-174 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 (Al)Zone to a Special Institutional(I)Zone be approved and that By-law Z388•98 be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Application by Roman Catholic Episcopal Corporation of London to change the zoning on a property comprising approximately 2.3 hectares (5.7 acres) situated north west of Port Burwell in Part Lot 7, Concession 1 from the Agricultural (Al) Zone to a special Institutional (I) Zone. File: D13.1.72 COUNCIL MINUTES 76 MARCH 5, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2.(b) UNFINISHED BUSINESS 98-175 Moved by J. Nezezon Seconded by K. Nesbitt "THAT the application by the Roman Catholic Episcopal Corporation of London, as amended, to change the zoning on a property comprising approximately 2.3 hectares (5.7 acres) situated north west of Port Burwell in Part Lot 7, Concession 1 from the Agricultural (Al) Zone to a Special Institutional(I)Zone be approved and that By-law Z389-98 be presented to Council for enactment; AND THAT given the minor nature of the amendment, a further public meeting is not required prior to adoption of Zoning by-law Z389-98." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS The Co-ordinator of Planning& Community Services, updated Council on the status of the Talisman Official Plan and Zoning by-law amendment applications, explaining that correspondence addressing a number of the property owners' concerns had been received from Talisman Energy Inc. 7. ROADS, AGRICULTURE & DRAINAGE CORRESPONDENCE& REPORTS (a) Staff Report 98023 regarding surplus equipment to the Road Department. File: TO 98-176 Moved by D. Mason Seconded by J. Petrie "THAT the Council of the Municipality of Bayham hereby approves the following equipment be advertised for sale in newspapers for submission of a sealed reserved bid with a closing date of April 1, 1998 at 12:00 noon: • 1992 50 Ton Highway Float • Ford Industrial Tractor with a loader • 15 ft. Dump Box • Slide-in Road Sander a 1990 Model Truck Classic with bucket unit (subject to the Fire Department not needing it); AND THAT each item be subject to a reserve bid; AND THAT proceeds received through the sale of the surplus equipment be used to purchase a smaller float; AND THAT any surplus proceeds be deposited into an equipment reserve account for future use by the Road Department." Disposition: Motion Carried Unanimously COUNCIL MINUTES 77 MARCH 5, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) List of Building Permits issued for the month of February, 1998. File: P8.1 98-177 Moved by K. Nesbitt Seconded by D. Mason "THAT the list of Building Permits issued for the month of February, 1998 be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Thornton's Lockworks quotation submissions for municipal owned facility security designated as priority# 1 through#4. 98-178 Moved by K. Nesbitt Seconded by D. Mason "THAT Thornton's Lockworks be directed to perform the proposed works as set out for those municipal owned facilities ranked as #I in the quotation submission, in the amount of$ 4,400. plus keys and taxes." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS Councillor Nesbitt questioned the status of the vacant Eden Public School property. Local residents have expressed an interest in the Municipality acquiring the property for Community use. Councillor Nezezon stated that the former Township of Bayham had submitted a letter of interest to the Elgin County Board of Education prior to its closing. Staff was requested to follow up on the matter. COUNCIL MINUTES 78 MARCH 5, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register for the period ending March 2, 1998. Cash Requirement Report to March 20, 1998. 98-179 Moved by D. Mason Seconded by J. Petrie "THAT the Cheque Register for the period ending March 2, 1998, and the Cash Requirements for,the period ending March 20, 1998 be approved." Disposition: Motion Carried Unanimously (b) Fisheries and Oceans Canada information regarding Small Craft Harbours' Facility—Port Burwell Lease Agreement and Transfer Framework Agreement in Principle. File: R8 98-180 Moved by D. Mason Seconded by J. Nezezon "THAT the "Fisheries and Oceans Canada Small Craft Harbours Branch Lease agreement endorsed by the former Corporation of the Village of Port Burwell dated December 29, 1997, be received for information." Disposition: Motion Carried Unanimously (b) 98-181 Moved by D. Mason Seconded by K Nesbitt "THAT the"Fisheries and Oceans Canada Agreement in Principle" endorsed by the former Corporation of the Village of Port Burwell dated December 29, 1997, be received." Disposition: Motion Carried Unanimously (c) Application for the Municipal Restructuring Fund. File: F11. 98-182 Moved by K. Nesbitt Seconded by D. Mason "WHEREAS the County of Elgin implemented the Restructuring Order as approved by the Honourable Al Leach, Minister of Municipal Affairs and Housing, on May 15,1997; AND WHEREAS the Restructuring Order involved the amalgamation of the former municipalities of the Village of Port Burwell, Village of Vienna and the Township of Bayham to become the newly formed Municipality of Bayham; .../continued COUNCIL MINUTES 79 MARCH 5, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 1.(c) CORRESPONDENCE& REPORTS Resolution 98-182(continued) AND WHEREAS the Restructuring Order has been implemented and has resulted in expenditures incurred that otherwise would not have been incurred, and has and will for the following few years impose a financial hardship on the Municipality if financial assistance is not provided; AND WHEREAS the Ministry of Municipal Affairs and Housing will provide financial assistance for municipalities across the Province that have restructured under the provisions of the Savings and Restructuring Act to a total of$50 million dollars to cover up to 75% of municipal expenditures related to restructuring through the Municipal Restructuring Fund; THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Bayham supports the attached funding request under the Municipal Restructuring Fund and authorizes the Mayor and Clerk to sign the necessary legal agreement with the Ministry of Municipal Affairs and Housing." Disposition: Motion Carried Unanimously (d) Application for the Special Circumstances Fund. File: F11. 98-183 Moved by J. Nezezon Seconded by K. Nesbitt "WHEREAS based on information received to date with regard to the financial impact on the Municipality resulting from the transfer of responsibility of certain services from the Province to the local level; AND WHEREAS the Ministry of Municipal Affairs and Housing has established a Special Circumstances Fund to address special circumstances facing small municipalities in rural and Northern Ontario; AND WHEREAS the Municipality of Bayham, being a small rural municipality, initiated and implemented a Restructuring Order in attempt to achieve savings and efficiencies with regard to the additional responsibilities transferred from the Province; AND WHEREAS the projected savings to be achieved by the Municipality in 1998 is not sufficient to prevent a significant financial burden for the ratepayers of the Municipality that will be reflected as a substantial property tax increase unless additional funding is provided by the Ministry; THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Bayham supports the attached funding request under the Special Circumstances Fund and authorizes the Mayor and Clerk to sign the necessary Iegal agreement with the Ministry of Municipal Affairs and Housing." Disposition: Motion Carried Unanimously COUNCIL MINUTES 80 MARCH 5, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 1. CORRESPONDENCE& REPORTS (e) Resolution requested by Frank Cowan Insurance Company Ltd. to accept the agreement of the Subscription Policy to insure liability in excess of existing insurance carried by the owner of a licensed vehicle used or operated by a member of Council, Staff or a Volunteer while carrying out municipal business. File: L5.2 98-184 Moved by J. Nezezon Seconded by J. Petrie "BE IT HEREBY RESOLVED THAT the Corporation of the Municipality of Bayham accept the agreement of the Subscription Policy to insure the liability assumed by this Resolution as follows: The Corporation of the Municipality of Bayham hereby 1. Assumes the Liability for bodily injury to or death of any person or damage to or destruction of property of others, imposed by law upon: (a) Members of Council, Commissioners, Trustees, Board Members, Statutory Officers, Officers, Employees or Volunteer Workers of the Corporation of the Municipality of Bayham for liability which arises out of the use or operation by such person of a licensed motor vehicle, or (b) the owner of any licensed motor vehicle, for liability which arises out of the use or operation of such licensed motor vehicle by Members of Council, Commissioners, Trustees, Board Members, Statutory Officers, Officers, Employees or Volunteer Workers of the Corporation of the Municipality of Bayham 2. Declares that such assumption of Liability be subject to the following limitations, exclusions and conditions: (a) This assumption of liability applies only to the use or operation of a licensed motor vehicle in Canada or the United States of America by Members of Council, Commissioners, Trustees, Board Members, Statutory Officers, Officers, Employees or Volunteer Workers on behalf of the Corporation of the Municipality of Bayham including travel to and from work and attendance at meetings. (b) This assumption of liability applies only in excess of existing insurance carried by the owner of the licensed motor vehicle which was being used or operated by Members of Council, Commissioners, Trustees,Board Members, Statutory Officers, Officers, Employees or Volunteer Workers at the time of the accident and does not apply unless the licensed motor vehicle which was being used or operated by such person at the time of the accident is insured for not less than the minimum Third Party Liability Limit required by the Insurance Act for the Province of Ontario. (c) This assumption of liability is subject to the agreements, conditions,terms and limit of liability insured in the Non-Owned Automobile Policy issued by the Subscription Policy and shall terminate whenever such Non-Owned Automobile Policy is terminated." Disposition: Motion Carried Unanimously COUNCIL MINUTES 81 MARCH 5, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 2. UNFINISHED BUSINESS (a) Royal Canadian Legion Port Burwell/Bayham correspondence dated February 3, 1998 regarding exemption from taxation. Tabled from February 19, 1998 meeting. Kent Murray, Ministry of Municipal Affairs&Housing, Municipal Advisor has advised the Administrator that the new Draft Municipal Act does not take away any privileges from the old Act,therefore it is at the discretion of Council if they wish to make any properties exempt from taxes. File: F22.1 98-185 Moved by J. Petrie Seconded by D. Mason "THAT Council directs staff to obtain a list of Port Burwell/Bayham Legion membership to determine those who may qualify for having served in the armed forces of her Majesty or Her Majesty's allies in any war." Disposition: Motion Carried Unanimously (b) Councillor Nezezon updated Council regarding the meeting he had attended February 25th 1998, in regard to a proposed Straffordville Business Association. He stated that there was not only interest in Straffordville, but in other areas of the Municipality as well, and that those attending agreed not to limit the group to just a"Business" association, but would require further discussion to decide what to include. The municipality will be notified when another meeting will be held. File: D2.1 (c) Administrator Treasurer Staff Report 98012 regarding 1998 Water/Sewer Rates from February 19, 1998 meeting. 1998 Water/Sewer rates revised as requested. File: F 98-186 Moved by J. Petrie Seconded by J. Nezezon "THAT the rates for water and sewer presented in Staff Report 98012 be supported; AND.THAT By-law 98-21 be presented for third and final reading at the meeting held March 5, 1998." Disposition: Motion Carried 3. OTHER BUSINESS No Items. COUNCIL MINUTES 82 MARCH 5, 1998 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Request by The Heritage Tree Committee representative Lorne Spicer for Council consent to place identifying labels on certain trees in the Municipality. File: E4.1 98487 Moved by K. Nesbitt Seconded by J. Nezezon "THAT correspondence received from the Heritage Tree Committee requesting the Municipality of Bayham to sign a Consent Waiver form be received; AND THAT the Mayor and Clerk be authorized to sign the agreement." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Municipality of Central Elgin correspondence dated February 27, 1998, in support of Council's Resolution# 98-97 for collective negotiation for a Template Agreement for Waste Management Services. (From February 5/98) File: E7.3 98-188 Moved by J. Nezezon Seconded by K. Nesbitt "THAT Item 10.2(a) be deferred." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS 98-189 Moved by D. Mason Seconded by J. Petrie "THAT TCR Environmental Corporation prepare a proposal for Waste Management Services for the Municipality of Bayham." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 98-190 Moved by D. Mason Seconded by K. Nesbitt "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 COUNCIL MINUTES S3 MARCH 5, 1998 11. COMMITTEE OF THE WHOLE (continued) 98-191 Moved by J. Nezezon Seconded by D. Mason "THAT the Committee of the Whole do now rise from the "In Camera" Session and report." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Harley Underhill, Elgin County Personnel Administrator regarding a personnel matter. 98-192 Moved by D. Mason Seconded by J. Petrie "THAT the Council of the Municipality of Bayham request the continued assistance of the Elgin County Personnel Administrator, Harley Underhill in regard to a personnel matter." 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. Staff correspondence dated February 27, 1998 as requested. 98-193 Moved by J. Nezezon Seconded by K. Nesbitt "THAT Road Staff be allowed to bank overtime hours, to be used up within the following month, at a time or times, at the discretion of the Road Superintendent; AND THAT By-law 98-16 be presented to Council for enactment; AND THAT the Personnel Policy be amended to provide for 2,080 regular hours per year based on a 40 hour work week, by Road Department employees; AND THAT a By-law to amend the Personnel Policy be brought forward at the next meeting of Council for enactment; AND THAT Road Department employees' rate of pay be adjusted as discussed." Disposition: Motion Carried Unanimously (c) Staff Report 98013 regarding a property matter. From February 5th, 1998 meeting. COUNCIL MINUTES 84 MARCH 5, 1998 11. COMMITTEE OF THE WHOLE (continued) 3. OTHER BUSINESS (a) 98-194 Moved by J. Petrie Seconded by D. Mason "THAT the request to postpone an OHRP lien be denied." Disposition: Motion Carried Unanimously (b) 98-195 Moved by J. Nezezon Seconded by K. Nesbitt "THAT the Administrator be directed to forward Council's comments to the respective property owner subject to a Property Standards matter." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 98-196 Moved by K. Nesbitt Seconded by D. Mason "THAT in accordance with Section 12 of Procedural By-law 98-02, Council shall deal with business until 5:00 p.m. at its meeting of March 5, 1998." 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 By-law Z388 - 98 A By-law to rezone Part Lots 6 and 7, Concession 1 from the Agricultural (Al)Zone to a Special Institutional(I) Zone. (The Passionist Community Holy Cross Centre) By-law Z389 98 A By-law to rezone Part Lot 7, Concession 1 from the Agricultural (Al)Zone to a Special Institutional (I) Zone. (Roman Catholic Episcopal Corporation of London) By-law 98 - 21 A By-law to set water and sewer rates 98-197 Moved by K. Nesbitt Seconded by D. Mason "THAT By-laws 98-16,Z388-98 and Z389-98, as amended, be read a first and second time." Disposition: Motion Carried Unanimously 98-198 Moved by D. Mason Seconded by K. Nesbitt "THAT By-laws 98-16, 98-21,Z388-98 and Z389-98, as amended,be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 85 MARCH 5, 1998 12. BY-LAWS (continued) By-law 98 - 25 A By-law to confirm all Actions of Council 98-199 Moved by J. Petrie Seconded by D. Mason "THAT By-law 98-25 be read a first and second time." Disposition: Motion Carried Unanimously 98-200 Moved by K. Nesbitt Seconded by D. Mason "THAT By-law 98-25 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 98-201 Moved by D. Mason Seconded by K. Nesbitt "THAT the Council Meeting be adjourned at 4:40 p.m." Disposition: Motion Carried Unanimously 2_ MAYOR CLERK/DEPUTY TREASURER Date approved: cE,r d /O