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HomeMy WebLinkAboutJuly 02, 1998 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, July 2, 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, July 2, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councillors John Nezezon, and David Mason, 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 special meeting held June 15, 1998. 98-505 Moved by J. Nezezon Seconded by D. Mason "THAT the minutes of the special meeting of the Municipality of Bayham held June 15, 1998 be approved." Disposition: Motion Carried Unanimously Municipality of Bayham Minutes of the regular meeting held June 18, 1998. Councillor Mason requested that the minutes of this meeting, Section 4(e), be amended as follows: "Councillor Mason rebutted statements made by Mrs. Goutouski by a series of questions asking what Vienna and Bayham brought to the restructuring table along with a suggestion that Port Burwell be allowed to leave the amalgamation. " 98-506 Moved by J. Petrie Seconded by J. Nezezon "THAT the minutes of the regular meeting of the Municipality of Bayham held June 18, 1998, as amended, be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—Bill Underhill was in attendance to present various concerns, including those regarding the abandoned rail lands, to Council on behalf of the "Silent Majority" COUNCIL MINUTES 225 JULY 2, 1998 4. DELEGATIONS (continued) (b) 8:00 a.m.—Wayne Casier presented Council with the petition of names of opposing landowners abutting the abandoned rail lands. Mr. Casier stated that of the 88 possible signatures obtainable, 61 were contacted, and 54 of those were opposed to the development of the lands as a recreational trail, and requested that he strongly request that the concerns raised be addressed. Item 6.2(a) File: D06 (c) Maureen Beatty. Co-ordinator of Planning & Community Services,regarding Items 6.1(a), 6.1(b), 6.1(f), 6.4(a)and 6.4(b) (d) Dwayne Daniel, Chief Building Official,regarding Items 8.1(a), and 8.1(0 5. INFORMATION ITEMS 98-507 Moved by J. Nezezon Seconded by D. Mason "THAT Information Items 5(a) through 5(o) be received and filed." Disposition: Motion Carried Unanimously (a) Union Gas correspondence dated June 16, 1998 regarding new rates to be effective January 1, 1999. File: E06NRG (b) Ministry of Municipal Affairs correspondence dated June 12, 1998 regarding decisions following review of housing and support services for people with special needs. File: A16MMA (c) News clipping from June 15, 1998 edition of the London Free Press regarding more environmental charges facing GreenLane. File: E07 (d) Notice of Major Recycling Award won by GreenLane on April 23, 1998. File: E07 (e) Bayham Community Policing Committee minutes of meeting held May 27, 1998, and copy of Constitution and By-laws. File: C06 (f) International Plowing Match '98 correspondence dated June 23, 1998 regarding a Challenge to participate in the VIP plowing competition. File: M02 (g) Canadian Soft Drink Association correspondence dated June 1, 1998, regarding 1997 Packaging Stewardship Annual Report File: E07 (h) Frank Cowan News dated June, 1998. File: P00 (i) Association of Municipalities of Ontario correspondence dated June 18, 1998. File: A01 COUNCIL MINUTES 226 JULY 2, 1998 5. INFORMATION ITEMS (continued) (j) Michael Gravelle, MPP corresponence dated June 23, 1998 regarding recruitment and retention of physicians to medically underserviced communities. File: S08 (k) Ministry of Municipal Affairs correspondence dated June 12, 1998 regarding proclamation of the Tenant Protection Act, 1997. File: A16MMA (1) Ministry of Municipal Affairs and Housing correspondence dated June 17, 1998 regarding extension of the Shoreline Property Assistance Program until March 31, 1999. File: A16MMA (m) Ministry of Energy, Science and Technology correspondence dated June 9, 1998 regarding proposed legislation. File: Al6Gen (n) County of Elgin correspondence dated June 26, 1998 sent to the Minister of Finance regarding the extension of deadline for adopting tax classes. File: C.10 (o) Ministry of Transportation correspondence dated June 29, 1998 regarding notice of sale of surplus land by Public Auction. File: Al6mto 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) County of Elgin Land Division Committee Consent Application, Submission #E 49/98 by DeCloet Ltd. for Part Lots 22 & 23, Concession 9, in the Municipality of Bayham, to sever a parcel to add to adjoining industrial property. The retained parcel proposed to remain agricultural/future development use. The Co-ordinator of Planning& Community Services stated that the applications #E49/98 and#50/98 were resubmissions from 1995/1996. File: D10.002870 98-508 Moved by J. Nezezon Seconded by D. Mason "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Municipality of Bayham recommends approval of Consent Application No. E-49/98 by DeCloet Ltd. to sever a parcel of land to add to adjoining industrial property described as Part Lots 22 and 23, Concession 9,Municipality of Bayham, subject to the following conditions: • Subsection 3 of Section 50 of the Planning Act be imposed to merge title • any survey plan prepared for the severed and/or retained parcel be deposited with the Municipality." Disposition: Motion Carried Unanimously COUNCIL MINUTES 227 JULY 2, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) I. CORRESPONDENCE& REPORTS (b) County of Elgin Land Division Committee Consent Application, Submission #E 50/98 by DeCloet Ltd. for Part Lots 22 & 23, Concession 9, in the Municipality of Bayham, to sever a parcel to add to adjoining industrial property. The retained parcel proposed to remain agricultural/future development use. File: D10.002871 98-509 Moved by D. Mason Seconded by J. Nezezon "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Municipality of Bayham recommends approval of Consent Application No.E-50/98 by DeCloet Ltd.to sever a parcel of land to add to adjoining industrial property described as Part Lots 22 and 23, Concession 9,Municipality of Bayham, subject to the following conditions: • Subsection 3 of Section 50 of the Planning Act be imposed to merge title • any survey plan prepared for the severed and/or retained parcel be deposited with the Municipality." Disposition: Motion Carried Unanimously (c) Request by Trinity Anglican Church, for use of Port Burwell Memorial Park for an outdoor non-denominational service Sunday, August 2 at 7:00 p.m. File: R04 98-510 Moved by J. Petrie Seconded by D. Mason "THAT the Port Burwell Trinity Anglican Church correspondence be received; AND THAT Council hereby approves the request for special permission to use the Port Burwell Memorial Park for the non-denominational worship service to be held at 7:00 p.m. on Sunday,August 2, 1998." Disposition: Motion Carried Unanimously (d) Petitions received regarding of the use of the abandoned rail lands for recreational purposes. File: D06 98-511 Moved by D. Mason Seconded by J. Petrie "THAT the petitions received June 29, 1998, June 30, 1998, and July 2, 1998, regarding the use of the abandoned rail lands be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 228 JULY 2, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) CORRESPONDENCE& REPORTS (e) Verbal advisement by Councillor Mason regarding volunteers for the Port Burwell Marine Museum Advisory Committee. Also correspondence from Marcella Fleischer dated May 13, 1998 in response to the newspaper advertisement request for volunteers. File: C12 98-512 Moved by D. Mason Seconded by J. Nezezon "WHEREAS the Municipal Act and the Planning Act provide municipalities with the authority to establish various boards and committees for the conduct of municipal business; AND WHEREAS the Council of the Municipality of Bayham has established an advisory committee for the Port Burwell Marine Museum; AND WHEREAS the Port Burwell Marine Museum Advisory Committee deems it desirable to have Council approve three new members for the Committee; AND WHEREAS Malcomb Chapman,Keith Underhill and Marcella Fleischer have expressed a desire to become members of the Port Burwell Marine Museum Advisory Committee; THEREFORE, the Council of the Corporation of the Municipality of Bayham hereby appoints Malcomb Chapman, Keith Underhill and Marcella Fleischer to the Advisory Committee of the Port Burwell Marine Museum." Disposition: Motion Carried Unanimously (f) Staff Report 98064 regarding Terms of Reference to assist in the selection of a Consultant in regard to the Sour Gas plant proposal. The Co-ordinator of Planning& Community Services stated that the scope of the study could involve anything from a simple critique to a full scale environmental audit. File: D8.1.20 98-513 Moved by J. Nezezon Seconded by I Petrie "THAT the process for consultant selection outlined in Staff Report 98064 be approved; AND THAT staff be directed to invite the consultants identified in the said report to submit a proposal to undertake an environmental study in accordance with all Options regarding the impacts of the proposed sour gas plant by Talisman Energy on property described as Part Lot 15, Concession 2." Disposition: Motion Carried Unanimously COUNCIL MINUTES 229 JULY 2, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE&REPORTS (g) Cumming Cockburn Ltd. correspondence dated June 15, 1998 regarding the Elgin-Aylmer Development and Holding Ltd. Subdivision Proposal in Port Burwell. File: D12.chir 98-514 Moved by J. Petrie Seconded by D. Mason "THAT Item 6.1(g) regarding a proposed subdivision in Port Burwell be deferred to the July 16, 1998 meeting." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Council decision requested by Joe Volkaert at June 18th meeting regarding the abandoned rail lands. File: DO6RtoT Councillor Nezezon requested a Recorded Vote on the following resolution: 98-515 Moved by J. Nezezon Seconded by J. Petrie "THAT Council direct that the Administrator retain legal counsel to resolve the ownership of the abandoned rail lands." Those in favour Those against Those Of the Motion the Motion Abstaining J. Nezezon D. Mason J. Petrie M. Stewart Disposition: Motion Carried on a Recorded Vote 3. OTHER BUSINESS No Items. 4. PUBLIC MEETINGS 98-516 Moved by J. Petrie Seconded by J. Nezezon "THAT the Council Meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously COUNCIL MINUTES 230 JULY 2, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 4. PUBLIC MEETING 1. Applications: (a) Application by Terrance and Elizabeth Evanitski to change zoning on a parcel of land comprising approximately .38 hectares(1 acre) situated on the south side of Best Line, east of the Hamlet of Corinth, in Part Lot 7, Concession 9, from the Agricultural (Al)Zone to a Special Rural Residential (RR-28)Zone. (b) Application by Fred and Mary Ann Pilkey to change zoning on a parcel of land comprising approximately 1 hectares (2.5 acres) situated on the south side of Jackson Line, east of the Gregson Line, in Part Lot 8, Concession 5, from the Rural Residential(RR)Zone to a Special Rural Industrial (M2-13)Zone. 2. Declaration of Pecuniary Interest and the General Nature Thereof There was no disclosure of pecuniary interest or the general nature thereof. 3. Staff Presentation (a) The Co-ordinator of Planning& Community Services noted that an application for consent is to be submitted to the County of Elgin Land Division Committee. (b) The Co-ordinator of Planning& Community Services stated that one letter had been received in opposition, and that another was in opposition to the zoning change. She also stated that conditions should be put in place if approved and that several items would be addressed under the Fire Code. The Long Point Region Conservation Authority raised no concerns, and the Elgin- St. Thomas Health Unit requested that no new buildings requiring septic tank and leaching bed servicing be allowed on the property of the Pilkey application. 4. Public Comments (a) There were no public comments. (b) Fred Pilkey, who was in attendance, stated that he would agree to any conditions placed by Council, that he has sufficient property, and that his other neighbour had no concerns. 5. Council Comments and Questions No members of Council commented on the applications. 6. Adjournment 98-517 Moved by D. Mason Seconded by J. Petrie "THAT the Public Meeting be adjourned at 7:40 p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES 231 JULY 2, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 4. PUBLIC MEETING 7. Disposition of Items (a) 98-518 Moved by J. Nezezon Seconded by D. Mason "THAT the application by Terrance and Elizabeth Evanitski to change the zoning on a parcel of land comprising approximately .38 hectares (1 acre) situated on the south side of Best Line, east of the Hamlet of Corinth, in Part Lot 7,Concession 9 in the Municipality of Bayham, from the Agricultural (A1)Zone to the Special Rural Residential (RR-28)Zone to facilitate the creation of one new residential building lot for retirement purposes through the process of severance and conveyance be approved; AND THAT Zoning By-law Z-394-98 be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) 98-519 Moved by J. Petrie Seconded by J. Nezezon "THAT the application by Fred and Mary Ann Pilkey to change the zoning on a parcel of land comprising approximately 1 hectare (2.5 acres) situated on the south side of Jackson Line, east of the Gregson Line, in Part Lot 8, Concession 5 in the Municipality of Bayham,from the Rural Residential (RR)Zone to the Special Rural Industrial (M2-13)Zone to allow the existing sawmill operation to conform with the Zoning By-law be approved subject to the following conditions: 1) The applicant enter into a site plan agreement with the Municipality regarding operational logistics 2) The use can be accommodated solely on the existing parcel without encroachment or rental of additional land and can meet all necessary setbacks 3) A site inspection is undertaken by the Fire Chief to ensure all Fire Code regulations are complied with; AND THAT Zoning By-law Z-395-98 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE I. CORRESPONDENCE&REPORTS No Items. 2. UNFINISHED BUSINESS No Items. COUNCIL MINUTES 232 JULY 2, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 3. OTHER BUSINESS No Items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES L CORRESPONDENCE& REPORTS (a) Building Permit Report for the month of June, 1998. File: P8.1 98-520 Moved by J. Nezezon Seconded by D. Mason "THAT the Building Permit Report for the month of June, 1998, as amended, be received for information." Disposition: Motion Carried Unanimously (b) Staff Report 98065 regarding Municipal owned properties. File: A20.2.4 98-521 Moved by J. Nezezon Seconded by D. Mason "THAT the Staff Report 98065 be received for information; AND THAT further consideration be given to the designation of surplus property in accordance with a Municipal Property Disposal Policy to be considered by Council." Disposition: Motion Carried Unanimously (c) Staff Report 98060 regarding the proposal submitted by John Spanjers regarding installation of a privacy fence behind mail boxes along road at Eden Line and Plank Road. File: A20 98-522 Moved by J. Nezezon Seconded by D. Mason "THAT the Council of the Municipality of Bayham request a cost estimate for 60' of fence along the boundary between Richelle White's and the Municipality of Bayham's properties located at Plan 113 Pt Lot 1 W/S Main Pt Lot 1 N/S First in the Village of Eden." Disposition: Motion Carried Unanimously COUNCIL MINUTES 233 JULY 2, 1998 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) CORRESPONDENCE& REPORTS (d) Lease Agreement between the Municipality and Dan Minor for electrical service at Lot 12, Concession 1, East Pier, Port Burwell. File: L14 98-523 Moved by D. Mason Seconded by J. Nezezon "THAT the proposed agreement for lease of the electrical service at Lot 12, Concession 1, East Pier,Port Burwell between Dan Minor and the Municipality of Bayham be approved; AND THAT By-law 98-59, authorizing the Mayor and Clerk to sign the agreement with Dan Minor be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Amendments to be made to By-law 98-46, a by-law to license and regulate dogs, prior to presentation for third reading and enactment. 98-524 Moved by D. Mason Seconded by J. Nezezon "THAT By-law 98-46 be amended to reflect the following: (i) An Enforcement Section be inserted as Section III as follows: This By-law may be enforced by the By-law Enforcement Officer upon receipt of a written complaint of alleged violation of this By-law from a citizen or ratepayer of the Municipality of Bayham directly affected by the alleged violation. (ii) Section III then becomes Section IV Offences Subsection 5—shall have the heading Removal of Canine Waste, Subsection 5 (b) shall become subsection 5 (c), And the following shall be inserted as subsection 5 (b)-Every person having control of a dog shall forthwith remove any feces left by such dog on any highway or public park or public area within the boundaries of the Municipality of Bayham. (iii) Section IV becomes Section V—Impounding (iv) Section V becomes Section VI—General and Penalties." AND THAT By-law 98-46 as amended, be presented to Council for third reading and enactment." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items. COUNCIL MINUTES 234 JULY 2, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register for the period ending June 30, 1998. Cash Requirement Report to July 20, 1998. File: F10.3 98-525 Moved by J. Nezezon Seconded by J. Petrie "THAT the Cheque Register for the period ending June 30, 1998, and the Cash Requirements for the period ending July 20, 1998 be approved." Disposition: Motion Carried Unanimously (b) Staff Report 98063 regarding Elgin Area Water System Debt Refinancing. File: E08.2 98-526 Moved by D. Mason Seconded by J. Petrie "THAT By-law 98-60, being a by-law to authorize the Mayor and Clerk to endorse the Elgin Area Primary Water Supply System Agreement between the City of London and the Elgin County Municipalities representing Elgin Area Water System for the purpose of refinancing the debt currently held by the Ontario Clean Water Agency on the Elgin Area Water System be presented to Council for enactment." Disposition: Motion Carried Unanimously (c) Association of Municipalities of Ontario registration information for Annual Conference to be held August 23 —26, 1998, and registration information for Pre- conference Skills Development Sessions. File: A04 98-527 Moved by D. Mason Seconded by J. Petrie "THAT the Association of Municipalities of Ontario 1998 Annual Conference and Pre-Conference Skills Development Sessions information be received for information." Disposition: Motion Carried Unanimously (d) Special Circumstances Fund correspondence dated June 15, 1998. File: Fllscf 98-528 Moved by J. Petrie Seconded by D. Mason "THAT the Special Circumstances Fund correspondence, dated June 15, 1998 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 235 JULY 2, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Staff Report 98062 regarding the Provincial Water Protection Fund. File: Flt 98-529 Moved by J. Petrie Seconded by D. Mason "THAT the Council of the Municipality of Bayham hereby directs Staff to make the appropriate arrangements for a public meeting in accordance with the MEA Class EA for Municipal Water and Wastewater Projects to present information regarding the following proposed Water and Wastewater Projects in the Municipality: • Vienna Wastewater Project; • Straffordville Water and Wastewater Projects; • Eden Water and Wastewater Projects." Disposition: Motion Carried Unanimously (b) Ministry of the Environment correspondence dated June 1, 1998 seeking comments on the proposed 1998 Model Sewer Use By-law. File: A16MOE 98-530 Moved by D. Mason Seconded by J. Petrie "THAT the Ministry of the Environment correspondence dated June 1, 1998, regarding a proposed 1998 Model Sewer Use By-law be received; AND THAT the proposed by-law be referred to Staff for review, comment and comparison to the Village of Port Burwell's existing Sewer-Use By-law." Disposition: Motion Carried Unanimously COUNCIL MINUTES 236 JULY 2, 1998 10. ENVIRONMENT(continued) 1. CORRESPONDENCE&REPORTS (c) Copy of Ministry of the Environment letters dated June 19, 1998,as sent to local citizens who have raised concerns about the proposed Bayham Water and Sewage System. File: E01, E08 98-531 Moved by D. Mason Seconded by J. Petrie "THAT the copies of the Ministry of Environment correspondence dated June 19, 1998, be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. 11. COMMITTEE OF THE WHOLE 98-532 Moved by I Petrie Seconded by D. Mason "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss potential litigation mailers." Disposition: Motion Carried Unanimously 98-533 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 1. CORRESPONDENCE& REPORTS (a) Confidential Staff Report 98061 regarding potential litigation matters. File: L7.1 2. UNFINISHED BUSINESS No Items. 1 OTHER BUSINESS No Items. COUNCIL MINUTES 237 JULY 2, 1998 12. BY-LAWS By-law 98 —34 (as amended) A By-law to establish a municipal fire department By-law 98 --41 A By-law to prescribe regulations for the collection of taxes and utilities By-law 98 —46 (as amended) A By-law to license and regulate dogs By-law Z394 - 98 A By-law to rezone Part Lot 7, Concession 9 from the Agricultural (Al)Zone to a Special Rural Residential (RR-28)Zone By-law Z395 - 98 A By-law to rezone Part Lot 8, Concession 5 from the Rural Residential (RR)Zone to a Special Rural Industrial (M2-13)Zone By-law 98 59 A By-law to authorize the Mayor and Clerk to sign a lease agreement with Dan Minor By-law 98 — 60 A By-law to authorize the Mayor and Clerk to endorse the Elgin Area Primary Water Supply System Agreement between the City of London and Elgin County Municipalities 98-534 Moved by D. Mason Seconded by J. Petrie "THAT By-laws 98-59, 98-60,Z394-98 and Z395-98 be read a first and second time." Disposition: Motion Carried Unanimously 98-535 Moved by J. Petrie Seconded by D. Mason "THAT By-laws 98-34, as amended,98-41, 98-46,as amended, 98-59,98-60 Z394-98 and Z395-98 be read a third time and finally passed." Disposition: Motion Carried Unanimously By-law 98 — 58 A By-law to confirm all actions of Council 98-536 Moved by J. Petrie Seconded by D. Mason "THAT By-law 98-58 be read a first and second time." Disposition: Motion Carried Unanimously 98-537 Moved by J. Nezezon Seconded by J. Petrie "THAT By-law 98-58 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 238 JULY 2, 1998 13. ADJOURNMENT 98-538 Moved by J. Petrie Seconded by J. Nezezon "THAT the Council Meeting be adjourned at 10:17 p.m." Disposition: Motion Carried Unanimously MAYOR CLTRK Date approved: rr , l b J_c Q C t