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HomeMy WebLinkAboutOctober 01, 1998 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,October 1, 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, October 1, 1998 in the Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Jack Petrie, Councillors David Mason, John Nezezon 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 7:04 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 September 17, 1998 98-720 Moved by J. Petrie Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held September 17, 1998 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) Ed Roloson,By-law Enforcement Officer,Waterworks/Wastewater Superintendent, was in attendance regarding Item 10.1(a), 11.2(a) (b) Maureen Beatty, Co-ordinator of Planning and Community Services,regarding Item 6.3(a), 7.1(b). (c) Bob Bartlett,Road Superintendent, was in attendance regarding Items 7.1(a), 7.1(b), 7.1(c). 5. INFORMATION ITEMS 98-721 Moved by C. Evanitski Seconded by J.Nezezon "THAT Information Items 5(a) through 5(k) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 326 - OCTOBER 1, 1998 5. INFORMATION ITEMS (continued) (a) Charlotte McDonald, Day Camp Committee correspondence dated September, 1998. File: M04 (b) Ministry of Finance correspondence dated September 21, 1998 regarding proposed legislation. File: A16 (c) Bayham Community Policing minutes of meeting held August 19, 1998. File: CO6 (d) Premier of Ontario correspondence dated September 14, 1998 regarding concerns raised in regard to the Who Does What initiatives. File: A16 (e) Ministry of Finance correspondence dated September 21, 1998 regarding Assessment Appeal Refunds. File: A16 (f) Middlesex-Elgin Community Leaders' Letter—September-October, 1998. File: A01 (g) Lower Big Otter Remedial Project, Steering Committee Notes of meeting held September 3, 1998. File: A01 (h) Aylmer District Museum calendar and membership information. File A01 (i) Fire Chief Sam Taylor memorandum dated September 22, 1998, regarding Appointments of Probationary Fire Fighters. File: P16 (j) Association of Municipalities of Ontario Alert correspoOndence dated September 28, 1998, regarding Outcome of Municipal Expert Panel on Taxable Solutions, File: A16 (k) Communities in Bloom correspondence dated September 1, 1998. File: A01 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Port Burwell Museum and Lighthouse summer attendance and summary information. File: R07 98-722 Moved by J.Nezezon Seconded by C. Evanitski "THAT the Port Burwell Museum and Lighthouse summer attendance and summary be received and forwarded to the Economic Development and Tourism Committee for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 327 - OCTOBER 1, 1998 6. PLANNING, DEVELOPMENT', RECREATION & TOURISM (continued) I. CORRESPONDENCE&REPORTS (b) Addiction Research Foundation correspondence dated August 14, 1998. File: A01 98-723 Moved by D. Mason Seconded by C. Evanitski "THAT the Addiction Research Foundation correspondence dated August 14, 1998 be received; AND THAT Council hereby authorizes the striking of a committee to prepare,with the assistance of the Addiction Research Foundation/Elgin St. Thomas Health Unit, a Municipal Alcohol Policy for the Municipality of Bayham; AND THAT the Committee include the following: -Council member John Nezezon -Staff member(Administrative) -Community Centre Managers -one firefighter from each of the two associations, as appointed by the Fire Chief." Disposition: Motion Carried Unanimously (c) Town of Gravenhurst correspondence dated September 15, 1998 regarding Ontario Municipal Board Hearings. File: A01 98-724 Moved by J. Nezezon Seconded by C. Evanitski "THAT the Town of Gravenhurst correspondence dated September 15, 1998, regarding Ontario Municipal Board Hearings be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 3. PUBLIC MEETING 98-725 Moved by C. Evanitski Seconded by D. Mason "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 1. Applications: (a) Application by Mary K. McQuiggan to change zoning on a parcel of land comprising approximately 0.8 hectares (2 acres) situated on the east side of McQuiggan Line, in Part Lot 4, Concession 3, from the Agricultural(Al)Zone to a Rural Residential (RR)Zone. COUNCIL MINUTES - 328 - OCTOBER 1, 1998 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. PUBLIC MEETING 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 The Co-ordinator of Planning& Community Services noted that no objections to the application have been received, and that the applicant is currently addressing the requirements requested by the Elgin St. Thomas Health Unit. 4. Public Comments There were no public comments. 5. Council Comments and Questions No member of Council commented on the application. 6. Adjournment 98-726 Moved by D. Mason Seconded by C. Evanitski "THAT the Public Meeting be adjourned at 7:47 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 98-727 Moved by D. Mason Seconded by C. Evanitski "THAT the application by Mary K. McQuiggan to change the zoning on a parcel of land comprising approximately 0.8 hectares (2 acres) situated on the east side of McQuiggan Line, in Part Lot 4, Concession 3 in the Municipality of Bayham, from the Agricultural(Al) Zone to the Rural Residential(RR) 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-397-98 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Draft tender forms for Winter Control. File: F18 98-728 Moved by D. Mason Seconded by C. Evanitski "THAT the Draft tender forms for Winter Control be approved, as amended," Disposition: Motion Carried Unanimously COUNCIL MINUTES - 329 - OCTOBER 1, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE&REPORTS (b) Staff Report 98102 regarding Stop up, close and convey a Road Allowance between Lots 118 & 119, Concession North Gore. File: T09 Ratepayer Ron Chatten, upon requesting to speak to Council, expressed concern for the number of road closings and resulting relinquishment of ownership of such lands by the Municipality. 98-729 Moved by J. Nezezon Seconded by C. Evanitski "THAT Staff Report 98102 dated September 28, 1998 be received; AND THAT By-law 98-80, being a By-law to stop up, close and convey that part of the road allowance situated between Lots 118 and 119, Concession North Talbot Road, designated as Part 2 on Reference Plan 11R-4810 to Benny and Martha Giesbrecht be presented to Council for enactment; AND THAT the legal firm Gibson,Linton, Toth,Campbell and Bennett be requested to prepare the necessary Transfer Deed documents for registration and that legal and advertising costs be recovered from Mr. and Mrs. Giesbrecht." Disposition: Motion Carried (c) Staff Report 98103 regarding Road Department/Public Works Activities. File: T06 98-730 Moved by J.Nezezon Seconded by C. Evanitski "THAT Staff Report 98103 regarding Road/Works Department Activities be received for information; AND THAT the Council of the Municipality of Bayham hereby authorizes the Road/Works Department Employees to attend the Employee Educational Day, sponsored by the County, at Central Elgin garage on October 22, 1998; AND THAT the following streets in Port Burwell be improved by applying an asphalt top, subject to costs that do not exceed those originally budgeted for in the 1998 Hot Mix Construction Budget: 1. Victoria Street,from Wellington Street south to Pitt Street, and 2. Strachan Street,from Wellington Street south to Pitt Street." Disposition: Motion Carried Unanimously 98-731 Moved by J.Nezezon Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham hereby authorizes the Road Superintendent to solicit three quotes for a pickup truck in accordance with the 1998 operating budget for Council's consideration." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 330 - OCTOBER 1, 1998 7. ROADS, AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE& REPORTS (d) Staff Report 98101 regarding levying/debenturing actual costs of construction of Bartley Branch"A" drainage works. File: E09.bart 98-732 Moved by C. Evanitski Seconded by J. Petrie "That By-law No. 98-89, being a by-law to amend By-law No. 97-34,passed August 8, 1997,to reflect the actual cost of the Bartley Drain -Branch 'A' works and authorize the issuance of debentures as set out therein, reflecting the actual costs, be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Correspondence dated September 25, 1998 from Elgin County Library regarding relocation of the Port Burwell Library. File: A16 98-733 Moved by J. Petrie Seconded by J. Nezezon "THAT the Correspondence dated September 25, 1998 from the Elgin County Library be received; AND THAT the Council of the Municipality of Bayham hereby approves the Draft Standard Elgin County Library Municipal Lease,for the Port Burwell Library, as amended." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register for the period ending September 30, 1998. Cash Requirement Report to October 20, 1998. File: F10.3 COUNCIL MINUTES - 331 - OCTOBER 1, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (a) 98-734 Moved by J. Nezezon Seconded by J. Petrie "THAT the Cheque Register for the period ending September 30, 1998, and the Cash Requirements for the period ending October 20, 1998 be approved." Disposition: Motion Carried Unanimously (b) Minister of Agriculture, Food and Rural Affairs correspondence dated September 24, 1998, regarding Ontario Agriculture Week October 5th to 12th File: A16 98-735 Moved by J.Petrie Seconded by D. Mason "THAT the Minister of Agriculture, Food and Rural Affairs correspondence dated September 24, 1998 be received; AND THAT Council hereby encourages residents to acknowledge appreciation for the agri-food industry by proclaiming October 5th to October 12th, 1998 as Agriculture Week in the Municipality of Bayham." Disposition: Motion Carried Unanimously (c) Ministry of Municipal Affairs and Housing correspondence regarding the 1998 Annual Conference to be held Friday,November 28, 1998. File: A16 98-736 Moved by J. Nezezon Seconded by J. Petrie "THAT the Ministry of Municipal Affairs and Housing correspondence regarding the 1998 Annual Conference be received; AND THAT all Members of Council and the Administrator/Treasurer be authorized to attend." Disposition: Motion Carried Unanimously (d) The Town of Richmond Hill correspondence dated September 16, 1998, regarding assistance for victims of the January Ice Storms. File: A16 98-737 Moved by J.Petrie Seconded by D. Mason "THAT the Town of Richmond Hill correspondence dated September 16, 1998 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 332 - OCTOBER 1, 1998 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (e) The County of Elgin Administrator/Clerk memorandum dated September 16, 1998, regarding Preparing far the year 2000. File: A16 98-738 Moved by C. Evanitski Seconded by J. Petrie "THAT the County of Elgin memorandum dated September 16, 1998 be received; AND THAT Council of the Municipality of Bayham hereby agrees to participate with the County of Elgin and lower-tier municipalities in a Request for Proposal regarding preparation for the year 2000." Disposition: Motion Carried Unanimously (f) Draft Minutes of the Otter Valley Recreation Trail and Utility Corridor Management Committee meeting held September 28, 1998. File: CO 98-739 Moved by C. Evanitski Seconded by J. Petrie "THAT the Draft minutes of the Otter Valley Recreation Trail and Utility Corridor Management Committee meeting held September 28, 1998 be received; AND THAT the Committee be advised that the Council of the Municipality of Bayham supports the contribution of$500. by each participating municipality,to an operating bank account specifically for the Committee,for 1998 expenditures." Disposition: Motion Carried Unanimously (g) Very Interested Parents(V.LP.'s) of Port Burwell Public School,Raffle Lottery License application dated September 28, 1998,to sell tickets at the Port Burwell Public School. File: PO9 98-740 Moved by J.Petrie Seconded by C. Evanitski "THAT the Raffle Lottery License application dated September 28, 1998, submitted by the Very Interested Parents (V.I.P.'s) of Port Burwell Public School be approved." Disposition: Motion Carried Unanimously (h) Municipality of Bayham Performance Appraisal Manual. File: 1107 98-741 Moved by D.Mason Seconded by J. Petrie "THAT the Staff Performance Appraisal Manual for the Municipality of Bayham be approved as an appendage to the Municipality's Personnel Policy." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 333 - OCTOBER 1, 1998 9. FINANCE, ADNIINISTRATION & PERSONNEL (continued) 2. UNFINISHED BUSINESS No Items. 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report 980100 regarding a Watermain break in Vienna. File: E08 98-742 Moved by J.Petrie Seconded by D. Mason "THAT Staff Report 98100 regarding the September 22, 1998 water main break in Vienna be accepted and received for information." Disposition: Motion Carried Unanimously (b) Ministry of the Environment correspondence dated September 24, 1998, and September 25, 1998. File: E07 98-743 Moved by J.Nezezon Seconded by J. Petrie "THAT the Ministry of the Environment correspondence dated September 24, and September 25, 1998 be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Council Report regarding the Long Point Region Conservation Authority request for comments regarding a Forest Management Planning Project by the Authority. File: A16 98-744 Moved by J. Petrie Seconded by J. Nezezon "THAT the comments submitted by Council regarding a Forest Management Planning Project by the Long Point Region Conservation Authority be approved and forwarded to the Authority." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 98-745 Moved by C. Evanitski Seconded by D. Mason "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss a potential litigation matter." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 334 - OCTOBER 1, 1998 11. COMMITTEE OF THE WHOLE (continued) 98-746 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 No Items. 2. UNFINISHED BUSINESS (a) Confidential Staff Report 98098 regarding a potential litigious matter. File: LO 12. BY-LAWS By-law 98 - 80 A By-law to Stop up, close and convey a Road Allowance between Lots 118 & 119, Concession North Gore By-law 98—89 A By-law to levy and/or debenture actual costs incurred by the construction of the Bartley Branch"A" drainage works By-law Z397-98 A By-law to amend By-law 2387 98-747 Moved by J.Petrie Seconded by J.Nezezon "THAT By-law 98-80, 98-89 and Z397-98 be read a first and second time." Disposition: Motion Carried Unanimously 98-748 Moved by J.Nezezon Seconded by J. Petrie "THAT By-law 98-80,98-89 and Z397-98 be read a third time and finally passed." Disposition: Motion Carried Unanimously By-law 98— 88 A By-law to confirm all actions of Council 98-749 Moved by D. Mason Seconded by C.Evanitski "THAT By-law 98-88 be read a first and second time." Disposition: Motion Carried Unanimously 98-750 Moved by J.Nezezon Seconded by D. Mason "THAT By-law 98-88 be read a third time and fmally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES -335 - OCTOBER 1, 1998 13. ADJOURNMENT 98-751 Moved by J. Petrie Seconded by D. Mason "THAT the Council Meeting be adjourned at 10:29 p.m." Disposition: Motion Carried Unanimously 11rrWW((// Fl OR "Kl ERK kJ Date Approved: ,r� uL. / /99g)