The URL can be used to link to this page

Home My WebLink AboutAugust 20, 1998 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.Q.Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,August 20, 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, August 20, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councilors John Nezezon, David Mason and Cliff 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 Deputy Mayor Petrie declared a pecuniary interest in the County of Elgin Land Division Committee Consent Applications#E 64/98 by the Estate of Horace Hague, and#E 65/98 by Andy and Johanna Geurtjens, Items 6.1(c) and 6.1(d). 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Regular Meeting held August 6, 1998 Minutes of the Special Meeting held August 11, 1998 98-628 Moved by J. Petrie Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held August 6, 1998 be approved." Disposition: Motion Carried Unanimously 98-629 Moved by C. Evanitski. Seconded by J. Petrie "THAT the minutes of the special meeting of the Municipality of Bayham held August 11, 1998 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m.—Robert Ronson,was in attendance to present a follow-up to his letter regarding the application of dust suppressant to the abandoned rail lands, noting that the number of motorized vehicle users appear to be less, and that their speed has been slightly reduced. Item 6.1(d) COUNCIL MINUTES - 280 - AUGUST 20, 1998 4. DELEGATIONS (continued) (b) 7:30 p.m.—John Wiebe,P. Eng., and Pete Penner P. Eng., Cyril J. Demeyere Limited, was in attendance to present Report No. 9607CS (Chatham Street), and No. 9607CP (Centennial Park)proposed Municipal Drains and answer inquiries from property owners. Items 7.4.1(a), 7.4.1(b) Dwayne Daniel, Chief Building Official, was in attendance regarding Items 7.4.1(a), 7.4.1(b) & 8.1(c). (c) 8:00 p.m. Bob Bartlett, Road Superintendent, was in attendance regarding Item 7.1(a) 5. INFORMATION ITEMS 98-630 Moved by J. Petrie Seconded by J.Nezezon "THAT Information Items 5(a) through 5(i) be received and filed." Disposition: Motion Carried Unanimously (a) Middlesex-Elgin Community Leaders' Letter, July-August 1998. File: A01 (b) Willms & Shier Municipal/Corporate Report,Environmental Law, Summer 1998 edition. File: A01 (c) Straffordville Watermelon"Festiville" schedule of events to be held August 29, 1998. File: M02 (d) Flip Eyolfson correspondence dated August 1, 1998, in support of walking trails. File: D06 (e) Invitation to Elgin/St. Thomas 9-1-1 Activation ceremony to be held Saturday September 5, 1998. File: A16 (f) The Elgin Community Development Corporation CDC Newsbeat Summer 1998 edition. File: A01 (g) Mel Lastman,Mayor City of Toronto correspondence received August 14, 1998, regarding a one-day conference Examining Deposit-Return: A Workable Option for Ontario. File: A16 (h) Ministry of Energy Science and Technology correspondence August 5, 1998 regarding Bill 35, The Energy Competition Act. File: A16 (i) Waste Reduction '98— You Can Make It Happen Workshop to be held November 5, 1998. File: A01 COUNCIL MINUTES -281 - AUGUST 20, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Robert and Hellen Ronson correspondence dated August 13, 1998 regarding application of calcium to the abandoned rail lands. File: C13 98-631 Moved by D. Mason Seconded by J. Petrie "THAT the Robert and Hellen Ronson correspondence dated August 13, 1998 be received for information; AND THAT the concerns expressed in this correspondence and future concerns expressed regarding the Trail be initially considered by the Otter Valley Recreational Trail and Utility Corridor Management Committee." Disposition: Motion Carried Unanimously (b) County of Elgin Land Division Committee Consent Application, Submission #E60/98 by Jacob Dyck and Estate of Elizabeth Dyck for Part Lot 14, Concession 10, in the Municipality of Bayham,to create a rural residential lot. File: D 10 98-632 Moved by J. Petrie 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-60/98 submitted by Jacob Dyck and Estate of Elizabeth Dyck to sever a parcel of land from Part Lot 14,Concession 10 for rural residential use, subject to the following conditions: • Payment of$500.00 cash in lieu of park land dedication; • any survey plan prepared for the severed and/or retained parcel be deposited with the Municipality; • Any approval necessary from the Ministry of Transportation for access from Highway No. 3; • Payment for the cost of purchasing and installation of a 9-1-1 Civic Addressing Sign." Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee Consent Application, Submission #E 64/98 by Estate of Horace Hague for Part Lot 116, Concession STR, in the Municipality of Bayharn, to sever a parcel to adjoin to adjacent rural residential property File: D10 COUNCIL MINUTES - 282 - AUGUST 20, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) CORRESPONDENCE&REPORTS (c) 98-633 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-64198 submitted by the Estate of Horace Hague to sever an L- shaped parcel of land from Part Lot 116, Concession STR South Talbot Road to be added to the adjoining residential property to the north-east subject to the following conditions: • Any survey plan prepared for the severed and/or retained parcel be deposited with the Municipality; and • Existing Farm dwelling currently being demolished be completely demolished and materials removed." Disposition: Motion Carried (d) County of Elgin Land Division Committee Consent Application, Submission #E 65/98 by Andy and Johanna Geurtjens for Part Lots 16 & 17, Concession 4, in the Municipality of Bayham,to create a rural residential lot. File: D10 98-634 Moved by C. Evanitski 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-65/98 submitted by Andy and Johanna Geurtjens to sever a parcel of land from Part Lots 16 and 17, Concession 4 for a retirement lot subject to the following conditions: • Payment of$500.00 cash in lieu of park land dedication; • Any survey plan prepared for the severed and/or retained parcel be deposited with the Municipality; and • Payment for the cost of purchasing and installation of a 9-1-1 Civic Addressing Sign." Disposition: Motion Carried COUNCIL MINUTES -283 - AUGUST 20, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. UNFINISHED BUSINESS (a) Appointment of three members to the Management Committee of the OtterValley Recreation Trail and Utility Corridor. Councillor Nezezon requested a recorded vote on the following resolution. 98-635 Moved by J. Nezezon Seconded by J. Petrie "THAT the Council of the Municipality of IJayham hereby appoints 1) Mayor Stewart 2) Deputy Mayor Petrie, and 3) Councillor Evanitski as members of the Management Committee of the Otter Valley Recreation Trail and Utility Corridor." Those in favour Those against Those Of the Motion the Motion Abstaining C. Evanitski D. Mason J. Nezezon J. Petrie M. Stewart Disposition: Motion Carried on a Recorded Vote 3. OTHER BUSINESS No Items. 7. ROADS, AGRICULTURE & DRAINAGE I. CORRESPONDENCE&REPORTS (a) Staff Report 98087 regarding Works Department activities. File: T06 98-636 Moved by J. Petrie Seconded by D. Mason "THAT Staff Report 98087 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 284 - AUGUST 20, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE& REPORTS (b) Staff Report 98088 regarding Coomber"B" Drain Reconstruction. File: E09.coomberb 98-637 Moved by D. Mason Seconded by C. Evanitski "THAT Staff Report 98088 be approved; AND THAT the Council of the Municipality of Bayham hereby appoints Spriet Associates to prepare a report to reconstruct Branch "B" of the Coomber Municipal Drain for further consideration in accordance with Chapter D. 17 of the Drainage Act R.S.O. 1990." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS Comments and inquiries were made of the Road Superintendent by members of Council regarding brushing activities, removal of two derelict buildings in Port Burwell, no parking signs and parking on private driveway, County Road sign in Port Burwell, placement of waste containers, involvement of local residents in parkette flower bed maintenance, review of streets to be paved, and repairs to asphalt on the Black Bridge hill. 4. PUBLIC MEETINGS 98-638 Moved by C. Evanitski Seconded by D. Mason "THAT the Council Meeting be adjourned for the purpose of holding a Public Meeting pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously 1. Applications: (a) Cyril J. Demeyere Limited Report No. 9607CP, dated July 23,1998, regarding proposed construction of the Centennial Park Municipal Drain in the Village of Port Burwell. (b) Cyril J. Demeyere Limited Report No. 9607CS, dated July 23, 1998,regarding proposed construction of the Chatham Street Municipal Drain in the Village of Port Burwell. 2. Declaration of Pecuniary Interest and the General Nature Thereof There was no disclosure of pecuniary interest and the general nature thereof. 3. Staff Presentation (a) Staff Report 98084 regarding the Centennial Park Drain. (b) Staff Report 98083 regarding the Chatham Street Drain. COUNCIL MINUTES -285 - AUGUST 20, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 4. PUBLIC MEETINGS(continued) 4. Public Comments John Wiebe, P. Eng. and Pete Penner, P. Eng. of Cyril J. Denmeyre Limited entertained a lengthy question and answer period was engaged between affected Port Burwell ratepayers and John Wiebe, P. Eng.,regarding the need, concerns, and assessment of costs of the projects. 5. Council Comments and Questions 6. Adjournment 98-639 Moved by D. Mason Seconded by C. Evanitski "THAT the Public Meeting be adjourned at 9:25 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 98-640 Moved by D. Mason Seconded by J. Petrie "THAT the Cyril J. Demeyere Limited Reports No. 9607CP and 9607CS be tabled." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Staff Report 98085 regarding Municipal owned properties in Vienna. File: A20 98-641 Moved by D. Mason Seconded by J. Petrie "THAT Staff Report 98085 be received; AND THAT the Council of the Municipality of Bayham direct the By-law Enforcement Officer to post"No Trespassing" signs on the municipally owned property designated as EIS Main Plan 54 Old Creek Bed,Roll#34-01-004-001- 09500." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 286 - AUGUST 20, 1998 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE&REPORTS (b) Ministry of the Solicitor General and Correctional Services correspondence dated June 19, 1998 regarding application for Joint Emergency Preparedness Program funding. File: P03 98-642 Moved by J. Petrie Seconded by D. Mason "THAT the Ministry of the Solicitor General and Correctional Services correspondence dated June 19, 1998 be received; AND THAT Staff be authorized to apply for Provincial funding through the Joint Emergency Preparedness Program for the 1999/2000 project year, for the purpose of preparing an emergency plan for the municipality." Disposition: Motion Carried Unanimously (c) Building Permit Report for the month of July, 1998. File: P10 98-643 Moved by J. Nezezon Seconded by J. Petrie "THAT the Building Permit Report for the month of July, 1998 be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS Councillor Mason informed Council of the need for roof repairs at the Port Burwell Marine Museum, and that a quote had been requested from a local general contractor. Council directed the Administrator to obtain another estimate for repairs for consideration at the next meeting. MOTION TO EXTEND LENGTH OF MEETING 98-644 Moved by J. Nezezon Seconded by J. Petrie "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 20, 1998." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 287 - AUGUST 20, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register for the period ending August 20, 1998. Cash Requirement Report to August 31, 1998. File: F10.3 98-645 Moved by J.Petrie Seconded by J. Nezezon "THAT the Cheque Register for the period ending August 20, 1998, and the Cash Requirements for the period ending August 31, 1998 be approved." Disposition: Motion Carried Unanimously (b) Town of Aylmer correspondence, dated April 14, 1998 regarding a financial contribution to the operation of the Aylmer Arena. File: F05.98 (c) The Corporation of the Municipality of Central Elgin correspondence dated August 11, 1998 requesting support of a resolution regarding reform of the Young Offenders Act. File: A16 98-646 Moved by J. Petrie Seconded by J.Nezezon "THAT the Corporation of the Municipality of Central Elgin correspondence dated August 11, 1998 be received; AND THAT the Council of the Municipality of Bayham hereby endorses the Municipality of Central Elgin Resolution No. 14, dated August 10, 1998 requesting reform of the Young Offenders Act." Disposition: Motion Carried Unanimously (d) Ontario Crime Control Commission correspondence received August 14, 1998 inviting nomination of two individuals to receive the Ontario Crime Control Commission Certificate of Excellence. File: A01 98-647 Moved by D. Mason Seconded by C. Evanitski "THAT the Ontario Crime Control Commission correspondence received August 14, 1998 be received for information; AND THAT the Council of the Municipality of Bayham hereby nominates George Alien and the Bayham Community Policing Committee to receive the Ontario Crime Control Commission Certificate of Excellence." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 288 - AUGUST 20, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (e) Port Burwell Trinity Ladies Guild Raffle Lottery License application dated August 17, 1998, to sell tickets at the Trinity Parish Hall. File: P09 98-648 Moved by C. Evanitski Seconded by J. Petrie "THAT the Lottery Licence Application dated August 17, 1998,submitted by the Port Burwell Trinity Ladies Guild be approved." Disposition: Motion Carried Unanimously (f) Staff Report 98086 regarding 1998 donation requests. File: F05.98 98-649 Moved by J. Petrie Seconded by D. Mason "THAT Staff Report 98086 be tabled." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS No Items. 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. COUNCIL MINUTES -289 - AUGUST 20, 1998 11. COMMITTEE OF THE WHOLE Councillor Mason requested a Recorded Vote on the following Motion: 98-650 Moved by C. Evanitski Seconded by J. Petrie "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss a potential litigious matter and a property matter." Those in favour Those against Those Of the Motion the Motion Abstaining C. Evanitski D. Mason J. Nezezon J. Petrie M. Stewart Disposition: Motion Carried on a Recorded Vote 98-651 Moved by J. Petrie Seconded by C. Evanitski "THAT the Committee of the Whole do now rise from the "In Camera" Session and report." Disposition: Motion Carried Unanimously I. CORRESPONDENCE& REPORTS (a) Taxpayers correspondence received August 10, 1998. File: LO (b) Scott, Krantz-Sippel &Brander correspondence dated August 11, 1998. File: LO 98-652 Moved by D. Mason Seconded by C. Evanitski "THAT the Scott,Krantz-Sippel & Brander confidential correspondence dated August 11, 1998 be received and forwarded to the Otter Valley Recreational Trail and Utility Corridor Management Committee." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. OTHER BUSINESS No Items. COUNCIL MINUTES -290 - AUGUST 20, 1998 12. BY-LAWS By-law 98 —77 A Provisional By-law to Provide for Drainage Works (Chatham Street Port Burwell) By-law 98—78 A Provisional By-law to Provide for Drainage Works (Centennial Park Port Burwell) By-law 98 —79 Being a By-law to confirm all actions of Council 98-653 Moved by C. Evanitski Seconded by D. Mason "THAT By-law 98-79 be read a first and second time." Disposition: Motion Carried Unanimously 98-654 Moved by D. Mason Seconded by J. Nezezon "THAT By-law 98-79 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 98-655 Moved by J. Petrie Seconded by J. Nezezon "THAT the Council Meeting be adjourned at 11:11 p.m." Disposition: Motion Carried Unanimously , YOR ERIC Date approvedh 3/9