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HomeMy WebLinkAboutJuly 16, 1998 - Special Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, July 16, 1998 7:00 p.m. The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, July 16, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councilors 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 & THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Regular Meeting held July 2, 1998 Minutes of the Special Budget Meeting held July 3, 1998 Minutes of the Special Budget Meeting held July 8, 1998 98-542 Moved by J. Nezezon Seconded by D. Mason "THAT the minutes of the regular meeting of the Municipality of Bayham held July 2, 1998 be approved." Disposition: Motion Carried Unanimously 98-543 Moved by J. Petrie Seconded by J. Nezezon "THAT the minutes of the special meeting of the Municipality of Bayham held July 3, 1998 be approved." Disposition: Motion Carried Unanimously 98-544 Moved by D. Mason Seconded by J. Nezezon "THAT the minutes of the special meeting of the Municipality of Bayham held July 8, 1998 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m. - Hugh Geurts & Jennifer Cavanagh, Kettle Creek Conservation Authority representatives were present regarding the Elgin County Tree By-law. Item 10.1(a) COUNCIL MINUTES - 243 - JULY 16, 1998 4. DELEGATIONS (continued) (h) 7:30 p.m.--Dwayne Daniel, Chief Building Official, was present regarding Items 8.1(a) & 8.2(a). (c) 8:00 p.m. -Robert Gregson was present regarding access to farm lot crossing the former CP Rail Lands, Item 6.1(c) (d) Ed Rolosonl Waterworks Superintendent, was present regarding Item 10.1(b). 5. INFORMATION ITEMS 98-545 Moved by D. Mason Seconded by J. Nezezon "THAT Information Items 5(a) through 5(v) be received and filed." Disposition: Motion Carried Unanimously (a) Association of Municipalities of Ontario correspondence dated June 30, 1998, regarding Legislative Highlights at the Close of the Current Session of the Ontario Parliament. File: A01 (b) Long Point Region Conservation Authority minutes of meeting held June 3,1 998. File: A01 (c) ConneXion'98 correspondence dated June 23, 1998 regarding youth volunteer expo. File: A01 (d) Michael Power correspondence dated June 30, 1998 requesting support as President of the Association of Municipalities of Ontario. File: A01 (e) Canadian Firearms Centre Information Bulletin#19 dated June 24, 1998. File: A01 (f) Port Burwell Marine Museum and Lighthouse attendance report to June 30, 1998. File: R03 (g) Shirley Elliot correspondence dated July 2, 1998 regarding various matters. File: C13 (h) Henry Valks, Ontario Parks, correspondence dated June 28, 1998 regarding a rails to trails. File: D06 (i) Stewart& Vera McKibbin correspondence dated July 8, 1998 regarding CPR Trail. File: D06 (j) Frank& Shirley Eagleton correspondence dated July 7, 1998 supporting Otter Trail. File: D06 (k) Charles&Dorothy Buchanan correspondence dated July 8, 1998 regarding recreation trails. File: D06 COUNCIL MINUTES -244 - JULY 16, 1998 5. INFORMATION ITEMS (continued) (1) Allan Spicer correspondence dated July 4, 1998 regarding development of Otter Valley Recreation Trail. File: D06 (m) Ontario Waste Management correspondence dated June 24, 1998 requesting membership. File: E07 (n) Bruce Smith correspondence dated July 13, 1998 regarding the Special Circumstances Fund allotment of$67,688.04. File: Fllscf (o) Correspondence dated July 8, 1998 from Mr. &Mrs. Neil Amies. File: C13 (p) Correspondence dated July 8, 1998 from Glenn A. Alward. File: C13 (q) Ratepayers of Bayham, Trail Committee correspondence dated July 8, 1998 re development of recreation trail. File: D06 (r) Special Events Committee minutes of the meeting held June 1, 1998. File: C06 (s) Correspondence dated July 4, 1998 from J.W. Elliot. File: C13 (t) Article entitled"Volunteers to Suffer" from the May 1998 issue of Fire Fighting in Canada, regarding changes in insurance coverage for volunteer firefighters. File: P16 (u) Association of Municipalities of Ontario correspondence dated July 10, 1998 regarding MOEE to charge Municipalities for Certificates of Approval. File: A01 (v) County of Elgin minutes of the regular Council meeting held Tuesday, May 26, 1998. File: A16 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) CIBC correspondence dated July 9, 1998 requesting waiving of fee for use of the Vienna Community Centre for a Fashion Show, on October 21, 1998. File: R05 98-546 Moved by J. Nezezon Seconded by D. Mason "THAT the CIBC correspondence dated July 9, 1998 be received; AND THAT Council hereby approves the request to waive the fee for use of the Vienna Community Centre for a Fashion Show on October 21, 1998 for the purpose of raising funds to support the Straffordville and Port Burwell Santa Claus parades." Disposition: Motion Carried Unanimously COUNCIL MINUTES -245 - JULY 16, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) I. CORRESPONDENCE& REPORTS (b) Town of Tillsonburg correspondence dated June 29, 1998 requesting to meet regarding Bayham Drive and the Otter Valley Utility Corridor&Recreational Trail. File: D06 98-547 Moved by D. Mason Seconded by J. Petrie "THAT the Town of Tillsonburg correspondence dated June 29, 1998 be received; AND THAT Council hereby agrees to meet with the Council of the Town of Tillsonburg to discuss Bayham Drive and the Otter Valley Utility Corridor Recreational Trail." Disposition: Motion Carried Unanimously (c) Staff Report 98066 regarding Access to Farm Lot crossing former CP Rail Lands. File: D06 Robert Gregson,presented comments and concerns regarding property damage sustained resulting from recreational users of the former CP Rail Lands. As explained in Staff Report 98066 Mr. Gregson addressed Council regarding the potential loss of access to his farm property that he has enjoyed over the years by way of the former CP Rail Lands, abandoned. Further to the options provided in Staff Report 98066,Mr. Gregson offered Council two other options including the Municipality to sell to Mr. Gregson the abandoned rail lands adjacent to his property or alternately for the Municipality to purchase the property on the east side of the rail land. 98-548 Moved by D. Mason Seconded by J. Nezezon "THAT Staff Report 98066 be received; AND THAT Council discuss with the Town of Tillsonburg the options available to Mr. Robert Gregson for access to Part Lot 126, Concession STR(Roll No. 004- 030)." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Cumming Cockburn Ltd. correspondence dated June 15, 1998 regarding the Elgin- Aylmer Development and Holding Ltd. Subdivision Proposal in Port Burwell. Deferred from July 2, 1998. File: D12.chir 3. OTHER BUSINESS No Items. COUNCIL MINUTES 246- JULY 16, 1998 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Margaret Swinn correspondence dated July 7, 1998 regarding a petition for a Guysboro sign. File: T07 98-549 Moved by J. Nezezon Seconded by D. Mason "THAT the correspondence dated July 7, 1998 from Margaret Swinn, and the attached petition requesting a sign,to identify the community of Guysboro, be erected on Heritage Line(County Road 38)be received; AND THAT Council of the Municipality of Bayham hereby approves the request, subject to approval of the County of Elgin Road Engineer." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Staff Report 98071 regarding proposed Building By-law 98-61. File: P06 98-550 Moved by D. Mason Seconded by J. Nezezon "THAT Staff Report 98071 be approved; AND THAT By-law 98-61,being a By-law with respect to construction,demolition and change of use permits and inspections be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Staff Report 98067 regarding a by-law for establishing a procedure governing the sale of municipal owned land, equipment and supplies. File: A09 COUNCIL MINUTES - 247 - JULY 16, 1998 S. PROPERTY, BUILDING & PROTECTIVE SERVICES(continued) (b) 98-551 Moved by J. Nezezon Seconded by J. Petrie "THAT Staff Report 98067 be received; AND THAT By-law 98-63, being a by-law to establish a procedure setting out policies for the sale of municipal owned land, equipment and supplies be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Cost estimate submitted by John Spanjers regarding a privacy fence along municipal owned property at the corner of Eden Line and Plank Road. Not available at time of printing. File: A20 98-552 Moved by J. Nezezon Seconded by D. Mason "THAT Staff Report 98072 be received; AND THAT the Municipality agrees to enter into an agreement, in writing,with Richelle White, to pay one-half the cost of materials for 88' of privacy 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 NIS First in the Village of Eden in the amount of$ 628.28; AND FURTHER THAT Staff be directed to prepare the agreement to include the type of fence, location of fence, and future maintenance of fence for Council's consideration." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items. 9. FINANCE, ADMINISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register for the period ending July 20, 1998. Cash Requirement Report to July 31, 1998. File: F10.3 98-553 Moved by D. Mason Seconded by J. Petrie "THAT the Cheque Register for the period ending July 20, 1998, and the Cash Requirements for the period ending July 31, 1998 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 248 - JULY 16, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (b) Gwynn E. Williams correspondence, dated July 6, 1998 regarding various matters, and requesting a water bill refund on behalf of the Trinity Anglican Ladies Guild. File: D06 &E06 98-554 Moved by J. Petrie Seconded by D. Mason "THAT the Gwynn E. Williams correspondence dated July 6, 1998 be received for information; AND THAT all churches in Port Burwell currently serviced with municipal water be reimbursed for all water billings paid from January 1, 1998,to date." Disposition: Motion Carried Unanimously (c) Township of Norwich correspondence dated July 2, 1998 requesting financial support in regard to damage caused by a Tornado on June 2, 1998. File: C13 98-555 Moved by D. Mason Seconded by J. Petrie "THAT the Township of Norwich correspondence dated July 2, 1998 be received; AND THAT the request for financial support be given consideration during budget discussions." Disposition: Motion Carried Unanimously (d) Ministry of Municipal Affairs &Housing correspondence dated July 7, 1998 requesting completion of a survey in regard to topics of interest for the 1998 Southwestern Regional Office Conference. File: A16 98-556 Moved by D. Mason Seconded by J. Petrie "THAT the Ministry of Municipal Affairs & Housing correspondence, dated July 7, 1998 be received; AND THAT Staff be directed to complete the survey form as discussed." Disposition: Motion Carried Unanimously (e) Ministry of Health correspondence dated June 10, 1998 regarding participation in the 20th annual Health Professionals Recruitment Tour,to be held September 28 to October 2, 1998. File: A16 COUNCIL MINUTES - 249 • JULY 16, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (e) 98-557 Moved by J. Petrie Seconded by D. Mason "THAT the Ministry of Health corespondence, dated June 10, 1998 be received for information." Disposition: Motion Carried Unanimously (f) Staff Report 98069 regarding Long-term Debt/Cash Flow. File: F 98-558 Moved by J. Petrie Seconded by D. Mason "THAT the Council of the Municipality of Bayham hereby authorizes the Administrator/Treasurer to pay off the existing long-term debt of$499,096 with surplus funds held in the general operating account ." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS (a) The Administrator advised Council of changes requested to the Elgin Area Water Supply System Agreement between Elgin County municipalities and the City of London, and that a corrected by-law was necessary. 98-559 Moved by I Nezezon Seconded by J. Petrie "THAT the requirement for giving notice of intention to pass a by-law be hereby waived; AND THAT By-law 98-64,being a by-law to rescind 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 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 COUNCIL MINUTES - 250 - JULY 16, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 3. OTHER BUSINESS (b) 98-560 Moved by J. Nezezon Seconded by J. Petrie "THAT the requirement for giving notice of intention to pass a by-law be hereby waived; AND THAT By-law 98-65,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) The Administrator advised Council that a continuing Budget Session will be held, beginning at 1:00 p.m. on Thursday July 23, 1998. She also noted that Bruce Smith, MPP, Middlesex, would be present, at 3:30 p.m. to present a cheque in regard to the Municipal Restructuring Fund allocation. (d) Council was reminded that the By-election for Ward 3 Councilor is being held on Monday, July 20, 1998 between 10:00 a.m. and 8:00 p.m. (e) Councillor Mason recommended that Mary Gladwin from the Norwich and District Archives be invited to make a presentation to Council regarding archiving records for the Municipality. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Highlights of the Elgin County Tree By-law. File: E04 Hugh Geurts, Elgin County Tree Commissioner and Kettle Creek Conservation Authority representative made a presentation regarding the Elgin County Tree By-law. 98-561 Moved by J. Petrie Seconded by D. Mason "THAT the Highlights of the Elgin County Tree By-law be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 251 - JULY 16, 1998 10. ENVIROMENT (continued) (b) Staff Report 98068 regarding Water metering in Vienna. File: E08 98-562 Moved by J. Petrie Seconded by D. Mason "THAT Staff Report 98068 be received; AND THAT the proper meter chamber be installed with meter and readout at the Memorial park at an estimated cost of$250.00; AND THAT staff be directed to install the appropriate meter and readout at the Library/former Clerk's office at an estimated cost equal to staff time; AND THAT the Municipality purchase a new meter for the Vienna Community Centre at an estimated cost of$150.00." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE& REPORTS No Items. 2. UNFINISHED BUSINESS No Items. 1 OTHER BUSINESS No Items. 12. BY-LAWS By-law 98 —61 Being a By-law with respect to construction, demolition and change of use permits and inspections By-law 98 —63 Being a By-law to establish a procedure governing the sale of municipal owned land, equipment and supplies By-law 98 64 Being a By-law to rescind By-law 98-60 Elgin Area Primary Water Supply System Agreement between the City of London and Elgin County Municipalities COUNCIL MINUTES - 252 - JULY 16, 1998 12. BY-LAWS (continued) 98-563 Moved by D. Mason Seconded by J. Petrie "THAT By-laws 98-61, 98-63, 98-64 and 98-65, be read a first and second time." Disposition: Motion Carried Unanimously 98-564 Moved by J. Petrie Seconded by D. Mason "THAT By-laws 98-61, 98-63,98-64 and 98-65 be read a third time and finally passed." Disposition: Motion Carried Unanimously By-law 98—62 Being a By-law to confirm all actions of Council 98-565 Moved by D. Mason Seconded by J. Petrie "THAT By-law 98-62 be read a first and second time." Disposition: Motion Carried Unanimously 98-566 Moved by J. Petrie Seconded by D. Mason "THAT By-law 98-62 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 98-567 Moved by J. Petrie Seconded by D. Mason "THAT the Council Meeting be adjourned at 9:15 p.m." Disposition: Motion Carried Unanimously • YOR , C RK Date approved: ' ,e 619 gr