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HomeMy WebLinkAboutApril 16, 1998 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road North STRAFFORDVILLE, ONTARIO Thursday, April 16, 1998 7:00 p.m. 7:30 p.m. (Public Meeting) The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, April 16, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councillors John Nezezon, David Mason, 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 7:00 p.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 April 2, 1998. 98-268 Moved by D. Mason Seconded by J. Petrie "THAT the minutes of the regular meeting of the Municipality of Bayham held April 2, 1998 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m.—Brian VanOpstal, Organic Resource Technologies Inc.,was present to discuss a Soil Conditioning Proposal for an agricultural parcel use of organic wastes. Item 6.2(b) (b) 7:45 p.m.—Bertha Breen, ratepayer was present to discuss the site plan agreement condition to asphalt the driveway for "Simply Scoops"Ice Cream Development, East Side of Robinson Street, North Side of Wellington Street, Port Burwell. Items 6.3(a), and 7.1(b) COUNCIL MINUTES 114 APRIL 16, 1998 4. DELEGATIONS (continued) (c) 8:00 p.m.—Doug Wiseman,Frank Cowan Insurance Company Limited,was in attendance regarding Risk Management matters concerning the Municipality. Mr. Wiseman outlined liability issues regarding recreational use of the utility corridor and answered questions directed by Council. It was stated that reasonable steps need to be taken to reduce risk, and that a continual inspection and documentation process should be followed. Mr. Wiseman stated that he would have someone from his company inspect the area and prepare a report for Council. (d) Dwayne Daniel, Chief Building Official regarding a report on improvements to the stone wall at the Port Burwell Parkette, and Items 8.1(a), 8.3(b), and 10.2(c). (e) Bob Bartlett.Road Superintendent presented Staff Report 98038 regarding Road/Public Works Activities. Item 7.1(a) (f) Maureen Beatty. Co-ordinator of Planning & Community Services, was present in regard to the Zoning By-law amendment application by John and Elizabeth Keszler was a condition placed on their Land Division Committee application for consent. Items 6.1(g), 6.2(b) (c), and 11.1(a). 5. INFORMATION ITEMS 98-269 Moved by K. Nesbitt Seconded by D. Mason "THAT Information Items 5(a), 5(b),5(c),5(d), 5(e), 5(f) and 5(g)be received and filed." Disposition: Motion Carried Unanimously (a) Canada/Ontario Infrastructure Works News Release dated April 1, 1998 regarding an approved project for former Village of West Lorne. File: A16.7.1 (b) AMO Correspondence dated April 1, 1998 regarding announcement by Finance Minister for Property Assessment Corporation Board. File: A1.2 (c) Canadian Tobacco Manufacturers' Council correspondence dated March 17, 1998, including an article published in the Economist of London England. File: H4.1 (d) Ministry of Citizenship, Culture&Recreation correspondence dated March 25, 1998, regarding approval of Recreation Grants for 1997. File: F11.6 (e) County of Elgin--City of St. Thomas Press Release dated April 7/98 regarding approval of services consolidation framework. File: A16.2 COUNCIL MINUTES 115 APRIL 16, 1998 5. INFORMATION ITEMS (continued) (f) The Elgin, Middlesex, Oxford Local Training Board invitation received April 8, 1998, to attend a town hall meeting to discuss training and employment needs of local unemployed. File: A16.1 (g) Port Burwell Marine Museum minutes of the meeting held February 3, 1998. File: C6.2 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Port Burwell Community Child Care correspondence dated March 26, 1998 requesting use of the Vienna Lions Community Centre for their summer Day Camp Program. File: R5.2 98-270 Moved by D. Mason Seconded by K. Nesbitt "THAT the Port Burwell Community Child Care correspondence dated March 26, 1998 be received; AND THAT Council hereby grants the request for the use of the Vienna and Lions Community Centre for its Summer Day Camp program weekdays between June 29th and September 4th, 1998 at no charge, subject to terms and conditions as agreed to in 1997." Disposition: Motion Carried Unanimously (b) The Writers' Development Trust correspondence dated March 9, 1998 requesting proclamation of April 23, 1998 as Canada Book Day. File: R2.1 98-271 Moved by D. Mason Seconded by J. Petrie "THAT the Writers' Development Trust correspondence dated March 9, 1998, be received; AND THAT the Council of the Municipality of Bayham hereby Proclaims April 23, 1998 as Canada Book Day." Disposition: Motion Carried Unanimously (c) Minister Without Portfolio Responsible for Seniors correspondence requesting nominations for: (i) Bayham's Senior of the Year Award (ii) 1998 Senior Achievement Award File: M3.1 COUNCIL MINUTES 116 APRIL 16, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) CORRESPONDENCE& REPORTS (c) 98-272 Moved by D. Mason Seconded by K. Nesbitt "THAT the Minister Without Portfolio Responsible for Seniors correspondence requesting nominations for: (i) Bayham's Senior of the Year Award (ii) 1998 Senior Achievement Award be received; AND THAT Gloria Stephenson, former member of the Port Burwell Museum Advisory Committee and the Port Burwell Historical Society be nominated for the Senior of the Year Award." Disposition: Motion Carried Unanimously (d) Ministry of Citizenship, Culture& Recreation correspondence dated March 1998 requesting nominations of citizens who are dedicated to promoting acceptance and participation of persons with disabilities in their communities. File: M3.1 98-273 Moved by K. Nesbitt Seconded by D. Mason "THAT the Ministry of Citizenship, Culture & Recreation correspondence dated March 1998 be received." Disposition: Motion Carried Unanimously (e) Port Burwell Marine Museum Resolution dated April 7, 1998 requesting recognition of former committee member Gloria Stephenson. File: .C6:2 A '4%• 98-274 Moved by D. Mason Seconded by J. Petrie "THAT the Port Burwell Museum Advisory Committee Resolution dated April 7, 1998 be received; AND THAT Gloria Stephenson be nominated for Bayham's Senior of the Year Award." Disposition: Motion Carried Unanimously (f) Economic Development, Tourism& Harbour Affairs striking committee formation. 98-275 Moved by J. Nezezon Seconded by K. Nesbitt "WHEREAS the Council of the Municipality of Bayham on March 4, 1998 passed Resolution 98-167 directing a striking committee for Economic Development, Tourism & Harbour Affairs, including members of Council, to be set up; .../continued COUNCIL MINUTES 117 APRIL 16, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) CORRESPONDENCE& REPORTS (f) Resolution 98-275(continued) AND WHEREAS Council hereby directs that Harbour Affairs not be included in this committee, but be a separate committee from Economic Development & Tourism; AND THAT members of Council act as the members of the Harbour Affairs committee; AND FURTHER THAT Council is desirous that other members of the municipality be appointed to the Economic Development& Tourism Striking Committee; AND THAT members be solicited by means of advertising in the local newspapers for submissions of interest." Disposition: Motion Carried Unanimously (g) Zoning By-law amendment application by John and Elizabeth Keszler regarding property located at Lot 1 Concession 3, Bayham. The Co-ordinator of Planning& Community Services, Maureen Beatty explained that the Zoning By-law amendment application by John and Elizabeth Keszler was a condition placed on their Land Division Committee application for consent. File: D9.2.115 98-276 Moved by J. Petrie Seconded by K. Nesbitt "THAT the application by John and Elizabeth Keszler to rezone a parcel of land described as Part Lot 1, Concession 3 from the Agricultural Al Zone to the Special Hamlet Residential Zone to satisfy conditions of severance as stated in the Elgin County Land Division Committee Decision dated January 15, 1998 for the creation of two lots be accepted and forwarded to staff and the Planning Consultant for review, scheduling of a public meeting and by- law preparation." Disposition: Motion Carried Unanimously (h) Concerned citizens of South Bayham correspondence dated April 14, 1998, regarding the proposed Sour gas plant. File: D8.1.20 98-277 Moved by K. Nesbitt Seconded by J. Petrie "THAT the Concerned citizens of South Bayham correspondence dated April 14, 1998, be received for information; AND THAT the request be considered following the special meeting to be held April 29, 1998 at the Vienna and Lions Community Centre." Disposition: Motion Carried Unanimously COUNCIL MINUTES 118 APRIL 16, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. UNFINISHED BUSINESS (a) Ontario Heritage Foundation correspondence dated February 20, 1998 giving notice of third annual Heritage Community Recognition Program nominations. Tabled from March 19, 1998 and subsequent meetings. File: A1,1 (b) Staff Report 98031 regarding Soil Conditioning Site Proposal. Deferred from April 2, 1998. File: DO1 &E7.3 (c) Brian VanOpstal, Organic Resource Technologies Inc. correspondence dated April 9, 1998 regarding Soil Conditioning Site Proposal. File: DO1 &E7.3 Mr. VanOpstal outlined the process including all aspects from collection to final utilization of organic residuals as agricultural soil conditioners preferred for local sandy soil conditions. Storage of the material is in a concrete tank until applied in the fall or spring, on land scheduled to be in crop production. Ministry of the Environment Certificate of Approval must be obtained and adhered to. A question and answer period followed. The Planning Co-ordinator, Maureen Beatty informed Council that she had learned that Nation Township had added the requirement that the"FOG" (fats, oils and greases)waste be applied only to land in current year crop production in their recent approval for use as an agricultural soil conditioner. She also stated that separation distances for sewage lagoons were also imposed by the Township. 98-278 Moved by D. Mason Seconded by J. Petrie "THAT the Organic Resource Technologies Inc. correspondence dated April 9, 1998 regarding Soil Conditioning Site Proposal be tabled." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Mrs_ Breen explained that the requirement to asphalt the driveway, at an estimated cost of$6,000, made the project cost prohibitive. If the driveway is asphalted, the County of Elgin will require that a drain also be installed at an additional cost of between $ 4,500 and $6,000. Mrs. Breen also noted that an asphalted parking area would entice young people to participate in various sport activities on the lot, and that damage to the building itself would result. She then answered questions and discussed various alternatives with Council that could be practical. 98-279 Moved by J. Nezezon Seconded by K. Nesbitt "THAT the Council hereby agrees that the Breen Site Plan Agreement shall be amended to require the driveway surface to be constructed as agreed to by the Road Superintendent; AND THAT the requirement for the $1,000. security deposit be hereby waived." Disposition: Motion Carried Unanimously COUNCIL MINUTES 119 APRIL 16, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. OTHER BUSINESS (b) The Co-ordinator of Planning& Community Services, Maureen Beatty, informed Council that correspondence had been received from S.W.O.T.A indicating that Municipalities may apply to have a summer student provided as a travel counsellor. However, in order to be eligible, a signed contract agreeing to various obligations must be submitted by April 20, 1998. File: A01 98-280 Moved by D. Mason Seconded by J. Petrie "THAT Council agree to participate in the S.W.O.T.A. Travel Counsellor Program as outlined in the correspondence received April 16, 1998." Disposition: Motion Carried Unanimously 4. PUBLIC MEETING 98-281 Moved by K. Nesbitt 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 I. Application: Application by Marion Man to change zoning on a parcel of land comprising approximately .9 hectares(2.2 acres) situated on the south side of Heritage Line (County Road No. 38), in Part Lot 116, S.T.R. from the Special Rural Commercial (RC-3)Zone and the Agricultural (Al) Zone to a Special Rural Residential (RR) Zone. 2. Declaration of Pecuniary Interest and the General Nature Thereof There was no declaration of pecuniary interest and the general nature thereof. 3. Staff Presentation The Planning Co-ordinator, explained the purpose of the application. There had been no objections received, and only two inquiries. The Elgin -- St. Thomas Health Unit has no concerns regarding the application. 4. Public Comments Joe Volkaert, former Reeve of the Township of Bayham, requested Council to consider the implications of a possible future severance that could result from the size of the current lot being created, a concern of the previous Township Council. S. Council Comments and Questions No other concerns were raised. COUNCIL MINUTES 120 APRIL 16, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 4. PUBLIC MEETING 6. Adjournment 98-282 Moved by D. Mason Seconded by J. Petrie "THAT the public meeting be adjourned at 7:40 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 98-283 Moved by K. Nesbitt Seconded by J. Nezezon "THAT the application by Marion Marr to change the zoning on a parcel of land comprising approximately 2.2 acres situated on the south side of Heritage Line in Part Lot 116, S.T.R. in Municipality of Bayham from the Special Rural Commercial (RC-3) Zone and the Agricultural(Al) Zone to a Special Rural Residential(RR) Zone to facilitate the severance of approximately 1.2 acres for the purposes of an addition to an existing lot be approved; AND THAT Zoning By-law Z-390-98 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report 98038 regarding public works/road department activities. File: T6.1 The Road Superintendent, Bob Bartlett, presented Report 98038 outlining current activities, and requested direction from Council in regard to previous public works services provided by staff of the former Village of Port Burwell. 98-284 Moved by D. Mason Seconded by D. Nesbitt "THAT Staff Report 98038 be received; AND THAT the Council of the Municipality of Bayham approve four road department employees to enroll and attend the 3-day Chainsaw Operation Safety Course, April 27, 28, 291998 for a cost of$200.00 each; AND THAT Council approves two road employees to enroll and attend the Guelph Road School,May 4,5,6 1998 for courses costing approximately $1,000 each; AND THAT Council approves Ted Kelly to attend the annual truck rodeo on April 29, 1998 to participate in the safety activities; .../continued COUNCIL MINUTES 121 APRIL 16, 1998 7. ROADS, AGRICULTURE & DRAINAGE CORRESPONDENCE& REPORTS (a) Resolution 98-284 continued AND THAT Council directs the Public Works/Road Department to perform the following services in the Village of Port Burwell: 1) sweep sidewalks 2) hang a Canadian flag at the Market square Parkette,a Canadian Union Jack and Bayham Flag on the boulevard at the north-end of Chatham Street 3) hand banners on streets and bridges as required by the Special Events Committee 4) clean the basketball court in the Market Square 5) water flowers that have been planted by the Horticultural Society and on every other day basis 6) provide assistance as required to the Special Events Committee for Canada Day and Tub Daze." Disposition: Motion Carried Unanimously (b) Port Burwell Ratepayers' Association correspondence received April 9, 1998, regarding the Port Burwell east beach rock erosion wall. As a representative of the Port Burwell Ratepayers' Association Mrs. Breen stressed the need for Council's commitment of monies to continue maintenance of the Port Burwell east beach erosion wall. File: T6.1 98-285 Moved by J. Nezezon Seconded by K. Nesbitt "THAT the Port Burwell Ratepayers' Association correspondence received April 9, 1998 be received; AND THAT the Council of the Municipality of Bayham shares the concern, and recognizes the importance that money be reserved to maintain the existing retaining wall to the east of the beach in Port Burwell; AND THAT Council will consider the amount to be expended for this purpose as part of the 1998 budget deliberations." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. COUNCIL MINUTES 122 APRIL 16, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 3. OTHER BUSINESS The Administrator informed Council that correspondence had been received from the Port Burwell Horticultural Society in regard to preparation of flower beds, hanging baskets, and also a request that poplar trees be removed near the ball park, at the west entrance, offering to plant more appropriate ones in their place. A request for funding support was also made. Staff was instructed to evaluate the condition and fate of the trees and to proceed with having the plants prepared as they have been in the past. Councillor Mason requested that a large hole in the pier be repaired, and the status of the Chatham Street Drain Report. The Administrator informed Council that the report by C.J. Demeyere Ltd. was to be forthcoming. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) The Chief Building Official reported that children have been removing blocks from the top row of the wall and using them in various sporting activities. He estimated that repairs could be made using a Unilok adhesive, plus approximately 2 hours of labour, at a cost of approximately $100. He also stated that one of four garbage containers at the Port Burwell works garage, once refurbished could be placed at the parkette. 98-286 Moved by K. Nesbitt Seconded by J. Nezezon "THAT the Staff Report be received; AND THAT Staff be directed to proceed with improvements to the Port Burwell parkette stone wall as discussed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS (a) The Administrator announced that four submissions for purchase of the surplus rescue van had been received. File: V4.2 98-287 Moved by J. Nezezon Seconded by K. Nesbitt "THAT the offer to purchase the 1979 rescue van, to be sold as is, by Mert McClintock, in the amount of $2,600. be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 123 APRIL 16, 1998 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS (b) The Chief Building Official presented a proposed site plan, prepared by the Straffordville Minor Ball Association, for a block storage building to house a pitching machine at the Straffordville Ball Park. The advantages of relocating the hydro service during construction was also discussed. 98-288 Moved by K. Nesbitt Seconded by J. Nezezon "THAT Council approves the request by the Straffordville Baseball Association to install a building to house a baseball pitching machine as described on the site plan submitted; AND THAT Staff be directed to investigate the cost to have the hydro service relocated; AND THAT a Building Permit be issued at no charge to the Association." Disposition: Motion Carried Unanimously (c) The Administrator informed Council that a request had been received from the Fire Chief for authorization to attend the Ontario Association of Fire Chiefs Annual Meeting and Seminar. 98-289 Moved by K. Nesbitt Seconded by J. Nezezon "THAT the request for the Fire Chief, Sam Taylor, to attend the 46th Annual Meeting and Educational Seminar of the Ontario Association of Fire Chiefs, May 4 to May 6, 1998, be approved." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register for the period ending April 20, 1998. Cash Requirement Report to April 30, 1998. File: F10.3 98-290 Moved by K. Nesbitt Seconded by J. Petrie "THAT the Cheque Register for the period ending April 20, 1998, and the Cash Requirements for the period ending April 30, 1998 be approved." Disposition: Motion Carried Unanimously (b) The Ontario Ambulance Operators' Association Inc. correspondence dated April 1, 1998, regarding Land Ambulance Service. File: S COUNCIL MINUTES 124 APRIL 16, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (c) Ministry of the Attorney General correspondence dated March 31, 1998, regarding the Provincial Offences Act Transfer Project. File: A16.1 (d) Administrator/Treasurer Staff Report regarding Revenues and Expenditures for the first quarter ending March 31, 1998. File: F (e) Administrator/Treasurer Staff Report 98036 regarding Tax Arrears for the period ended March 31, 1998. File: F23.4 (f) Administrator/Treasurer Report 98034 regarding Municipal Restructuring Fund Allocation. File: F.11.9 (g) Administrator/Treasurer Report 98035 regarding Employment Agreement— Baseball Concession Booth. File: R3.4 98-291 Moved by K. Nesbitt Seconded by J. Petrie "THAT Staff Report 98035 regarding the Employment Agreement between the Village of Port Burwell and Donna Lamoure be received; AND THAT Donna Lamoure be informed that the Council of the Municipality of Bayham hereby grants permission to the Port Burwell Baseball Association to operate the concession stand at the Memorial Park in Port Burwell with the condition that the Association provide proof of adequate insurance coverage for this purpose." Disposition: Motion Carried Unanimously (h) The Optimist Club of Straffordville/Bayham Raffle Lottery Application dated April 2, 1998 File: P7.2.1 98-292 Moved by J. Petrie Seconded by K. Nesbitt "THAT the Raffle Lottery License application, dated April 2, 1998, submitted by the Optimist Club of Straffordville/Bayham be approved; AND THAT the Raffle Lottery License application, dated April 10, 1998, submitted by the Straffordville Minor Ball also be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 125 APRIL 16, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS The next regular meeting of Council will be held April 30th at 7:00 p.m. The Special meeting of Council to be held at the Vienna and Lions Community Centre has been rescheduled to April 29, 1998 at 7:00 p.m. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Federation of Ontario Naturalists correspondence dated March 27, 1998 regarding conservation materials available, and an invitation to a workshop 'Protecting Nature Close to Home'. File: E0,A4 2. UNFINISHED BUSINESS (a) TCR Environmental Corp. correspondence dated March 13, 1998 providing a proposal for solid waste management in Bayham. Tabled from March 19, 1998 meeting. File: E7.3 (b) In regard to the agreement by Council to participate with the Long Point Region Conservation Authority in a ceremonial tree planting, choice of a site, and type of tree, need to be determined, for planting prior to the Council meeting scheduled for May 7, 1998. File: E4.1 (c) Staff Report 98039 regarding the Elgin— St. Thomas Health Unit proposed Sewage System Management Agreement submitted at the meeting of April 2, 1998. The Chief Building Official presented Report 98039 regarding the Elgin— St. Thomas Health Unit proposed Sewage System Management Agreement, drawing Council's attention to various items. Council was reminded that they had approved that he and Ed Roloson attend training sessions for certification to conduct inspection and approval services. To date the Ministry of Municipal Affairs and Housing, who were providing the courses, have had no openings available. File: L4.19 COUNCIL MINUTES 126 APRIL 16, 1998 10. ENVIRONMENT (continued) 2. UNFINISHED BUSINESS (c) 98-293 Moved by K. Nesbitt Seconded by D. Mason WHEREAS the terms and conditions of the proposed Sewage System management Agreement have been received and considered by Council and Staff of the Municipality of Bayham; AND WHEREAS the Council of the Municipality of Bayham passed resolution#98-145 on February 19, 1998; THEREFORE be it resolved that Council is desirous of entering into an agreement with the Elgin-St. Thomas Health Unit for delivery of services in accordance with Part VIII (Private Sewage Systems) Program of the Ontario Building Code Act; AND THAT Article 7, Section 7.01 of the proposed agreement be amended to read upon the certification of Municipal Staff or December 31, 1998, whichever comes first; AND THAT By-law 98-32, authorizing the Mayor and Clerk to execute the agreement between the Elgin-St. Thomas Health Unit and Municipality of Bayham for the provision of sewage system management services, conditional upon the aforementioned amendment be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Staff Report 98030 regarding Elgin Area Water System Transfer Framework. Tabled from meeting of April 2, 1998. File: E8.2 98-294 Moved by K. Nesbitt Seconded by D. Mason "THAT Staff Report 98030 be received; AND WHEREAS the Ministry has passed Bill 107 representing the Water and Sewage Transfer Act, 1997; AND WHEREAS the Act provides for the Transfer of title of water and sewage infrastructure currently held by the Ontario Clean Water Agency to the serviced Municipalities; AND WHEREAS the Municipality of Bayham currently is serviced by the Elgin Area Water System that also services the Town of Aylmer, Municipality of Central Elgin, City of London, Township of Malahide, Township of Southwold and the City of St. Thomas; THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Bayham finds it expedient that the Elgin Area Water System users establish a joint management agreement in the form of a Transfer Order to define the terms and conditions for the management of the System once title has been transferred; AND THAT the Council of the Municipality of Bayham hereby approves, in principal, the Draft Transfer Order dated March 30, 1998,for further consideration and comment prior to approval of a final Transfer Order." Disposition: Motion Carried Unanimously COUNCIL MINUTES 127 APRIL 16, 1998 10. ENVIRONMENT (continued) 3. OTHER BUSINESS No Items, MOTION TO EXTEND LENGTH OF MEETING 98-295 Moved by J. Petrie Seconded by D. Mason "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 April 16, 1998." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 98-296 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, personnel and property matters." Disposition: Motion Carried Unanimously 98-297 Moved by J. Petrie 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) Confidential Staff Report 98037 regarding a property matter. File: L6.2 98-298 Moved by J. Nezezon Seconded by K. Nesbiitt "THAT confidential Staff Report 98037, regarding a property matter be received for information; AND THAT $ 1,000. be offered, including survey and legal fees, to acquire approximately 1500 square feet of the property described as Part Lot 126 and 17 Plan 205." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Groom& Szorenyi correspondence dated January 19, 1998, regarding a legal matter. From February 5` 1998 meeting. File: D6.2 COUNCIL MINUTES 128 APRIL 16, 1998 11. COMMITTEE OF THE WHOLE (continued) 2. UNFINISHED BUSINESS (b) Staff Report 98013 regarding a property matter. From February 5th 1998 meeting. File: T9.1 3. OTHER BUSINESS No Items. 12. BY-LAWS By-law 98—32 A By-law to authorize the Mayor and Clerk to sign an agreement with the Elgin—St. Thomas Health Unit for provision of Sewage System Management services. By-law Z390-98 A By-law to rezone Part Lot 116, S.T.R. from the Special Rural Commercial (RC-3)Zone and the Agricultural (Al) Zone to a Special Rural Residential (RR)Zone 98-299 Moved by J. Petrie Seconded by D. Mason "THAT By-law 98-32 and Z390-98 be read a first and second time." Disposition: Motion Carried Unanimously 98-300 Moved by D. Mason Seconded by J. Petrie "THAT By-law 98-32 and Z390-98 be read a third time and finally passed." Disposition: Motion Carried Unanimously By-law 98—33 A By-law to confirm all actions of Council 98-301 Moved by J. Nezezon Seconded by K. Nesbitt "THAT By-law 98-33 be read a first and second time." Disposition: Motion Carried Unanimously 98-302 Moved by K. Nesbitt Seconded by J. Nezezon "THAT By-law 98-33 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 129 APRIL 16, 1998 13. ADJOURNMENT 98-303 Moved by D. Mason Seconded by J. Petrie "THAT the Council Meeting be adjourned at 11:40 p.m." Disposition: Motion Carried Unanimously Due to time constraints, Items 9.1(b), (c), (d), (e), and(0, 10.1(a), 10.2(a), and(b), on this agenda were not dealt with and will be included on the Agenda for the April 30, 1998 meeting. MAYOR CLERK/DEPUTY TREASURER Date approved: a7a-rL., 341 .'