HomeMy WebLinkAboutAugust 06, 1998 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVII.LE, ONTARIO
Thursday,August 6, 1998
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, August 6, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy
Mayor Jack Petrie, Councilors John Nezezon, David Mason and Clifford Evanitski,
Administrator/Treasurer Lynn S. Buchner, and Clerk 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 Special Budget Meeting held July 16, 1998
98-588 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the minutes of the special meeting of the Municipality of Bayham held July
16, 1998 be approved."
Disposition: Motion Carried Unanimously
Minutes of the Regular Meeting held July 16, 1998
Councillor Mason requested that the minutes of this meeting, Section 9.3(e)be added as
follows: "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."
98-589 Moved by J. Nezezon
Seconded by J. Petrie
"THAT the minutes of the regular meeting of the Municipality of Bayham held July
16, 1998, as amended,be approved."
Disposition: Motion Carried Unanimously
Minutes of the Special Meeting held July 23, 1998
98-590 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the minutes of the special meeting of the Municipality of Bayham held July
23, 1998 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 263 - AUGUST 6, 1998
3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES
(continued)
Minutes of the Special Meeting held July 30, 1998
98-591 Moved by J. Nezezon
Seconded by J. Petrie
"THAT the minutes of the special meeting of the Municipality of Bayham held July
30, 1998 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:15 p.m. -Kevin Taylor, chairman Ratepayers of Bavham Trail Committee, was in
attendance to make a presentation in support of a hiking trail along the abandoned rail
lands. Mr. Taylor suggested that Council appoint representatives to the
Tillsonburg/Bayham joint recreational/utility corridor committee, restrict usage to reduce
liability, and address individual landowner concerns.
(b) 7:30 p.m. -Robert Ronson. snokesuerson,was present regarding follow-up to a petition
submitted June 30, 1998, requesting dust control be applied to the abandoned rail lands.
He stated that motorized vehicle operators were becoming increasingly upsetting, that to
date no calcium had been applied to help address ongoing health problems, and requested
that Council take immediate action.
(c) 9:00 p.m.—Dwayne Daniel, Chief Building Official, regarding
Items 7.1(a), 7.1(b) & 7.1(c).
John Snriett Spriet Associates, was in attendance to present the County Road 43 Drain
Extension and the Fearnley Drain Branch"A" Reports.
Items 7.1 (a)& 7.1(b)
5. INFORMATION ITEMS
98-592 Moved by D. Mason
Seconded by J. Nezezon
"THAT Information Items 5(a)through 5(t)be received and filed."
Disposition: Motion Carried Unanimously
(a) Association of Municipalities of Ontario Updates, Summer 1998 edition
File: A01
(b) Ontario Good Roads Association Municipal Routes May/June 1998 edition.
File: A01
(c) The Trillium Foundation Strategies for a Caring Society workshop sessions information.
File: A04
(d) The Ontario Flue-Cured Tobacco Growers' Marketing Board invitation to an information
evening and barbecue to be held August 18, 1998.
File: A01
COUNCIL MINUTES 264 - AUGUST 6, 1998
5. INFORMATION ITEMS (continued)
(e) Ministry of Transportation correspondence dated July 13, 1998 regarding extension of the
Community Transportation Action Program.
File: A16
(f) Dorothy E. Wilson correspondence dated July 11, 1998 regarding hiking along the old
CP Rail Line.
File: D06
(g) Beverley and Bob Sutherland correspondence dated July 17, 1998 supporting the Otter
Valley trail.
File: D06
(h) Marcella Fleischer correspondence dated July 17, 1998 supporting the trail.
File: D06
(i) Romas Vindasius and Deborah Polyak correspondence dated July 17, 1998 supporting
the Otter Valley Trail.
File: D06
(j) The Green Lane Letter dated July, 1998.
File: E00
(k) The Royal Canadian Legion Port Burwell—Bayham correspondence dated July 17, 1998
inviting members of Council to attend local Decoration Day Services.
File: A01
(1) Bayham Community Health Action Committee minutes of the meeting held June 2, 1998.
File: C06
(m) TraveLinx News Brochure dated June, 1998.
File: A01
(n) Ministry of Citizenship, Culture and Recreation discussion paper dated July, 1998
Preventing&Removing Barriers for Ontarians with Disabilities.
File: A16
(o) Ontario Museum Association Annual Conference to be held August 20—22, 1998.
File: A01
(p) Association of Municipalities of Ontario ALERT correspondence dated July 22,1998,
regarding Province Responds to Court Ruling on Bill 160.
File: A01
(q) Ministry of the Attorney General correspondence dated July 24, 1998 regarding Bill 108,
Streamlining of Administration of Provincial Offences Act, which received Royal Assent
June 11, 1998.
File: A16
(r) Long Point Region Conservation Autourity minutes of meeting held July 8, 1998.
File: A01
(s) Memo from Councillor David Mason regarding Hawk Viewing at Port Burwell.
File: C13
(t) Bayham Community Policing Committee minutes of meeting held June 24, 1998.
File: C06
COUNCIL MINUTES 265 - AUGUST 6, 1998
5. INFORMATION ITEMS (continued)
Councillor Mason drew Council's attention to the four letters of support of the abandoned
rail lands to be used for recreational purposes, as well as his memo regarding Hawk
Viewing, and its potential in respect with the trail.
The Administrator/Treasurer suggested that further to correspondence item 5(t)that a
sign be erected at the Centennial Park in Port Burwell stating that all skaters must wear
helmets when using the skateboarding facility. Council directed Staff to proceed with the
recommendation.
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) Staff Report 98077 regarding Edward&Katharine Kassner Rezoning Application
withdrawal.
File: D14
98-593 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the letter dated July 6, 1998 from Edward and Katharine Kassner
withdrawing their application to rezone property described as Part Lots 3 and 4,
Concession 7, North Gore to facilitate the severance of a lot for retirement purposes
and their request for a refund of the rezoning application fee be received;
AND THAT staff be directed to refund the rezoning application fee paid by Mr. and
Mrs. Kassner less the expenditures incurred by the Municipality of Bayham and
Cumming Cockburn Limited."
Disposition: Motion Carried Unanimously
(b) Staff Report 98076 regarding Talisman Energy Inc. Appeals to OPA#105.
File: D09
The Administrator explained that correspondence had been received from the Ontario
Municipal Board acknowledging receipt of the appeals against Talisman's Official Plan
Amendment. Further she explained that correspondence from Pensa and Associates,
solicitor for Talisman Energy, indicating that Talisman has filed an appeal with the
Ministry regarding their application for a zoning by-law amendment for the proposed
site.
98-594 Moved by J. Nezezon
Seconded by J. Petrie
"THAT Staff Report 98076 dated July 23, 1998, having reference to a proposed sour
gas processing plant by Talisman Energy and appeals to the Ontario Municipal
Board be received for information;
AND THAT correspondence dated July 29, 1998 from the Ontario Municipal Board
regarding the scheduling of a hearing with regard to the above mentioned matter be
received for information;
.../continued
COUNCIL MINUTES - 266- AUGUST 6, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(b) Resolution 98-594 (continued)
AND THAT correspondence dated August 4, 1998 from Wayne Lewis, Pensa &
Associates,Lawyers representing Talisman Energy informing of submission of a
Notice of Appeal of the Zoning By-law Amendment Application previously
presented to Council regarding the above mentioned matter be received for
information ."
Disposition: Motion Carried Unanimously
(c) Staff Report 98078 regarding a rezoning application.
File: D14
98-595 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the application by Mary McQuiggan to rezone a portion of Part Lot 4,
Concession 3 from the "Al"Agricultural designation to the "RR" Rural Residential
designation to facilitate the severance of a lot for retirement purposes be accepted
subject to receiving written comments from the Elgin/St. Thomas Health Unit;
AND THAT the application be referred to Cumming Cockburn Limited for review,
scheduling of a public meeting pursuant to the Planning Act and preparation of a
by-law amendment."
Disposition: Motion Carried Unanimously
(d) Staff Report 98080 regarding St. Thomas-Elgin Tourist Association Membership
File: A01
98-596 Moved by C. Evanitski
Seconded by J. Petrie
"THAT the St. Thomas-Elgin Tourist Association be advised that the Municipality
of Bayham hereby agrees to purchase two one year memberships,for the
"Municipality"and "Attractions" at a cost of$65.00 each with the understanding
that the membership for the municipality may be upgraded to ensure an internet
link to the municipal home page when appropriate."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 267 - AUGUST 6, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE& REPORTS
(e) Staff Report 98079 regarding a Request to Stop up and Close a Road Allowance.
File: T09
98-597 Moved by D. Mason
Seconded by J. Petrie
"THAT Staff Report 98079 dated July 31, 1998 be received;
AND THAT staff be directed to undertake the necessary steps to stop up,close and
convey those portions of the untravelled road allowance which is situated between
Lots 118 and 119, Concession North Talbot Road and between Lots 10 and 11,
Concession North Gore as set out in Report 98079 dated July 31, 1998."
Disposition: Motion Carried Unanimously
(f) Harbour Lights fax dated August 4, 1998 regarding the development of the abandoned
rail lands.
File: D06
98-598 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the Harbour Lights correspondence dated August 4, 1998 be received for
information."
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 and 16, 1998.
File: D12.chir
98-599 Moved by D. Mason
Seconded by J. Petrie
"THAT Staff be directed to contact Cyril J. Demeyere Limited regarding the tender
request prepared for the Elizabeth Street subdivision proposal in Port Burwell for
Council's further consideration."
Disposition: Motion Carried Unanimously
3. OTHER BUSINESS
No Items.
COUNCIL MINUTES - 268 - AUGUST 6, 1998
7. ROADS, AGRICULTURE & DRAINAGE
I. CORRESPONDENCE& REPORTS
(a) Staff Report 98081 regarding Fearnley Municipal Drain Branch"A", and Drain Report
97098 prepared by Spriet Associates.
File: E09fear
98-600 Moved by I Petrie
Seconded by J. Nezezon
"THAT in accordance with Chap. 14, Sections 44 and 46 of the Drainage Act,the
Council of the Corporation of the Municipality of Bayham, hereby adopts Report
No. 97098 as prepared by Spriet Associates, dated July 7, 1998, and referred to as
the Branch "A" of the Fearnley Drain;
AND THAT upon adoption of the aforementioned Report, Provisional By-law No.
98-72 be given first and second reading;
AND THAT Staff be directed to set a date for first sitting of the Court of Revision
for September 3, 1998 and distribute copies of the Provisional By-law and Notice of
the time and place of the first sitting of the Court of Revision to the affected
parties."
Disposition: Motion Carried Unanimously
(b) Staff Report 98082 regarding County Road 43 Drain Extension, and Drain Report 98134
prepared by Spriet Associates.
File: E09ctyex
98-601 Moved by J. Nezezon
Seconded by J. Petrie
"THAT in accordance with Chap. 14, Sections 44 and 46 of the Drainage Act,the
Council of the Corporation of the Municipality of Bayham, hereby adopts Report
No. 98134 as prepared by Spriet Associates, dated July 6, 1998, and referred to as
County Road 43 Drain Extension;
AND THAT upon adoption of the aforementioned Report, Provisional By-law No.
98-73 be given first and second reading;
AND THAT Staff be directed to set a date for first sitting of the Court of Revision
for September 3, 1998 and distribute copies of the Provisional By-law and Notice of
the time and place of the first sitting of the Court of Revision to the affected
parties."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 269 - AUGUST 6, 1998
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE& REPORTS
(c) White Drain maintenance By-law 98-71.
98-602 Moved by J. Petrie
Seconded by J. Nezezon
"THAT By-law 98-71, being a By-law to amend a Report for a Drainage Works in
the Municipality of Bayham, formerly Township of Bayham, in the County of Elgin,
(White Drain) be presented to Council for first and second reading;
AND THAT Staff be directed to set a date for first sitting of the Court of Revision
for September 3, 1998,and distribute copies of the By-law and Notice of the time
and place of the first sitting of the Court of Revision to the affected parties."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
Councillor Mason requested that Staff look into alternatives regarding the parking of cars
at the south-east corner of Robinson and Wellington Streets in Port Burwell.
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Staff Report 98075 regarding 9-1-1 Municipal Addressing, Mill Street,Richmond.
File: D19
98-603 Moved by J. Nezezon
Seconded by J. Petrie
"THAT Staff Report 98075 be hereby received;
AND THAT Staff be authorized and directed to carry out the recommendations
outlined in the said report, having reference to the deletion of all reference to Mill
Street as a municipal street in Richmond."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 270 a AUGUST 6, 1998
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
1. CORRESPONDENCE& REPORTS
(b) Memo from Councillor David Mason regarding the Port Burwell Municipal Building.
File: A06
98-604 ,Moved by C. Evanitski
Seconded by J. Petrie
"THAT the Memo from Councillor Mason regarding the Port Burwell Municipal
Building be received;
AND THAT Staff be directed to take the necessary steps to pursue alternatives
available for Library facilities in Port Burwell."
Disposition: Motion Carried Unanimously
(c) Price quotes for the painting of the Port Burwell Lighthouse. No additional quotes were
received.
98-605 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the price quote for the painting of the Port Burwell Lighthouse be received;
AND THAT Paul McCord be engaged to prepare and paint the Port Burwell
Lighthouse; the exterior to be spot painted as required with the trim being
completely finished and the interior painted in its entirety; and the exterior of the
adjacent shed painted in its entirety, for a total cost of$2,270. as submitted."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
No Items.
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register for the period ending July 31, 1998.
Cash Requirement Report to August 20, 1998.
File: F10.3
98-606 Moved by J. Nezezon
Seconded by D. Mason
"THAT the Cheque Register for the period ending July 31, 1998, and the Cash
Requirements for the period ending August 20, 1998 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 271 - AUGUST 6, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(b) Veterans Affairs Canada, Ontario Regional Office correspondence, dated July 14, 1998
requesting declaration of November 5 to 11, 1998 as Veteran's Week
File: A16
98-607 Moved by C. Evanitski
Seconded by J. Nezezon
"THAT the Veterans Affairs Canada, Ontario Regional Office correspondence
dated July 6, 1998 be received;
AND THAT the Council of the Municipality of Bayham hereby declares November
5 to 11, 1998 as Veterans' Week."
Disposition: Motion Carried Unanimously
(c) The Royal Canadian Legion, Port Burwell-Bayham correspondence dated July 7, 1998
requesting proclamation of September 19th to 26th, 1998 as Legion Week.
File: A01
98-608 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the Royal Canadian Legion, Port Burwell-Bayham correspondence dated
July 7, 1998 be received;
AND THAT the Council of the Municipality of Bayham hereby proclaims
September 19 to 26, 1998 as Legion Week."
Disposition: Motion Carried Unanimously
(d) Final Tax Billing By-law 98-74. Deferred
File: F05
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
No Items.
MOTION TO EXTEND LENGTH OF MEETING
98-609 Moved by D. Mason
Seconded by C. Evanitski
"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 August 6, 1998."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 272 AUGUST 6, 1998
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS
(a) Association of Municipal Recycling Coordinators correspondence dated July 13, 1998,
regarding sharing of costs of Household Hazardous Waste (HHW)management.
File: A01
98-610 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the Association of Municipal Recycling Coordinators correspondence
dated July 13, 1998 be received;
AND THAT the Council of the Municipality of Bayham endorses, in principle,the
concept of the creation of a cost-sharing model between brand owners and
municipalities to share the expenses incurred through municipal household
hazardous waste programs and to ensure the continuation and financial viability of
these programs."
Disposition: Motion Carried Unanimously
(b) Centre and South Hastings Waste Services Board correspondence dated June 1, 1998,
regarding a unified policy of removal of plastic film, polycoat and polystyrene from the
blue box for 1999.
File: E08
98-611 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the Centre and South Hastings Waste Services Board correspondence dated
June 1, 1998 be received for information."
Disposition: Motion Carried Unanimously
(c) The Corporation of the Township of Mildmay-Carrick Resolution petitioning the
Provincial Government regarding nutrient management planning.
File: C10
98-612 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the Corporation of the Township of Mildmay-Carrick Resolution be
received for information;
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
No Items.
COUNCIL MINUTES - 273 AUGUST 6, 1998
11. COMMITTEE OF THE WHOLE
98-613 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session
of Committee of the Whole to discuss confidential correspondence."
Disposition: Motion Carried Unanimously
98-614 Moved by D. Mason
Seconded by J. Petrie
"THAT the Committee of the Whole do now rise from the"In Camera" Session and
report."
Disposition: Motion Carried Unanimously
I. CORRESPONDENCE& REPORTS
(a) County of Elgin confidential correspondence dated July 21, 1998.
File: E07
98-615 Moved by D. Mason
Seconded by I Petrie
"THAT the County of Elgin confidential correspondence dated July 21, 1998 be
received for information."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
3. OTHER BUSINESS
No Items.
12. BY-LAWS
By-law 98-71 A By-law to amend a Report for a Drainage Works (White Drain)
By-law 98 -72 A By-law to Provide for Drainage Works (Fearnley
Drain Branch "A")
By-law 98 - 73 A By-law to Provide for Drainage Works (County
Road 43 Drain Extension)
98-616 Moved by C. Evanitski
Seconded by D. Mason
"THAT Provisional By-laws 98-72, and 98-73, and By-law 98-71 be read a first and
second time."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 274 - AUGUST 6, 1998
12. BY-LAWS (continued)
By-law 98 —70 Being a By-law to confirm all actions of Council
98-617 Moved by D. Mason
Seconded by J. Petrie
"THAT By-law 98-70 be read a first and second time."
Disposition: Motion Carried Unanimously
98-618 Moved by J. Petrie
Seconded by C. Evanitski
"THAT By-law 98-70 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
98-619 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Council Meeting be adjourned at 10:50 p.m."
Disposition: Motion Carried Unanimously
M OR ) ERK
Date approved: `!,5j,y g