HomeMy WebLinkAboutDecember 17, 1998 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,December 17, 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, December 17, 1998 in the Council Chambers. Present were Mayor Max Stewart,
Councillors David Mason, John Nezezon and Cliff Evanitski, Administrator/Treasurer Lynn S.
Buchner, and Clerk Lynda Millard. Deputy Mayor Jack Petrie was absent.
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 December 3, 1998
98-892 Moved by J.Nezezon
Seconded by D. Mason
"THAT the minutes of the regular meeting of the Municipality of Bayham held
December 3, 1998 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) Maureen Beatty, Co-ordinator of Planning and Community Services,regarding
Item 6.1(b), 6.1(c), 6.1(d), 6.3(a) & 8.1(b)
(b) 7:15 p.m. William Underhill,ratepayer,regarding zoning of the Otter Valley
Recreation Trail and Utility Corridor.
Item 6.1(e)
(c) Dwayne Daniel,Chief Building Official,regarding
Item 8.2(a)
(d) 8:00 p.m.—Billy Clarke, 1st Port Burwell Scout Troop,regarding proposed
improvements to Port Burwell.
Item 10.1(a)
COUNCIL MINUTES - 391 - DECEMBER 17, 1998
4. DELEGATIONS (continued)
(e) 8:15 p.m.—John Honsingerz to present a petition regarding the keeping of exotic
animals in the Municipality, and a proposal made for exemption from restrictions for the
same.
Item 8.1(a)
5. INFORMATION ITEMS
98-893 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT Information Items 5(a) through 5(j) be received and filed."
Disposition: Motion Carried Unanimously
(a) Ministry of Citizenship, Culture and Recreation correspondence dated November 23,
1998 regarding Proposed Ontarians with Disabilties Act.
File: A16
(b) County of Elgin correspondence dated December 9, 1998, advising that Rien Vanbrenk,
Mayor of the Municipality of Dutton/Dunwich, was elected as Warden for 1999. (Not
copied)
File: C
(c) Thames Valley District School Board, Port Burwell Public School correspondence dated
December 9, 1998 thanking for the donation to their Breakfast Program. (Not copied)
File: A16
(d) Copy of County of Elgin correspondence to the Minister of Finance, dated December 4,
and December 11, 1998 regarding Bill 79.
File: A16
(e) Association of Municipalities of Ontario For Your Information correspondence dated
December 3, and Alert dated December 16, 1998 regarding Emergency Volunteers
Protection Act(Bill 75).
File: A01
(f) Ministry of Labour, Media Kit-Emergency Volunteers Protection Act received
December 9, 1998
File: A16
(g) Peter North,M.P.P., Elgin, correspondence dated December 8, 1998 regarding the
Workplace Safety and Insurance Act, 1997, affecting volunteer firefighters.
File: A16
(h) Association of Municipalities of Ontario correspondence dated December 9, 1998,
regarding the Energy Competition Act, 1998.
File: A01
(i) Association of Municipalities of Ontario For Your Information correspondence dated
December 11, 1998 regarding a Guidebook&Resource Kit for Restructuring Police
Services in Ontario.
File: A01
(j) Cowan News, December 1998 edition.
File: A01
COUNCIL MINUTES - 392 - DECEMBER 17, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Ontario Municipal Recreation Association correspondence dated November 30, 1998
requesting nominations for the OMRA Volunteer Service Award.
File: A01
98-894 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the Ontario Municipal Recreation Association correspondence dated
November 30, 1998 be received:
AND THAT Staff be directed to circulate the information to recreational
organizations in the municipality for nominations."
Disposition: Motion Carried Unanimously
(b) Application to rezone Lot 15, Concession 5, in the Municipality of Bayham from the
Agricultural (Al)to Highway Commercial (HWC), submitted by Paul and Sheila
Franklin.
File: D
98-895 Moved by J. Nezezon
Seconded by D. Mason
"THAT the application submitted by Paul and Sheila Franklin to rezone Lot 15,
Concession 5, from the Agricultural (A1) to Highway Commercial(HMC), to
facilitate the severance of a parcel of land for the purpose of adding to an adjacent
lot be accepted;
AND THAT the application be forwarded to staff and the Planning Consultant for
review, scheduling of a public meeting and by-law preparation, subject to
confirmation from the Elgin- St. Thomas Health Unit that the size of the retained
parcel is satisfactory."
Disposition: Motion Carried Unanimously
(c) Application to rezone Part Lot 15, Concession 5, RP 11R3618 PART lin the
Municipality of Bayham from the Agricultural(Al)to Highway Commercial (HWC),
submitted by John Cornelius and Patricia Ann Plug.
File: D
98-896 Moved by D. Mason
Seconded by J. Nezezon
"THAT the application submitted by John and Patricia Plug to rezone Part Lot 15,
Concession 5, RP 11R 3618 Part of PART 1 from the Agricultural (Al)to Highway
Commercial(HWC), to facilitate the severance of a parcel of land for the purpose
of adding to an adjacent lot be accepted;
AND THAT the application be forwarded to staff and the Planning Consultant for
review, scheduling of a public meeting and by-law preparation."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 393 - DECEMBER 17, 1998
u. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE& REPORTS
(d) Application to rezone Part Lot 17, Concession 10, in the Municipality of Bayham from
the M2-8 and Rural Commercial to Rural Commercial and Rural Residential, submitted
by Danny MacDonald, and attached Gary Blazak, Cumming Cockburn Limited
Memorandum dated October 6, 1998, regarding MacDonald Marine.
File: D
98-897 Moved by J. Nezezon
Seconded by D. Mason
"THAT the application submitted by Danny MacDonald,MacDonald Marine,to
rezone two properties described as Part Lot 17, Concession 10, one from the Rural
Commercial zone to the Rural Residential zone for residential purposes, and the
other from a special M2-8 zone to a Special Rural Commercial zone,to facilitate
the establishment of a business for the sales and service of pleasure watercraft,be
accepted, subject to confirmation of approval of the existing and proposed access
on Highway No. 3 from the Ministry of Transportation;
AND THAT the application be forwarded to staff and the Planning Consultant for
review, scheduling of a public meeting and by-law preparation."
Disposition: Motion Carried Unanimously
(e) William Underhill correspondence dated December 11, 1998 regarding zoning for the
Otter Valley Utility Corridor& Recreation Trail.
File: D
98-898 Moved by C. Evanitski
Seconded by D. Mason
"THAT the William Underhill correspondence dated December 11, 1998 be
received for information."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) No Items.
3. PUBLIC MEETING
98-899 Moved by C. Evanitzki
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
I. Application:
(a) Application by Nancy Friesen, agent for Margaret, Cornelius, Aganetha and Helena
Sawatzky,to change zoning on a parcel of land comprising of approximately .24 hectares
(0.6 acres) situated at North Part Lot 24, Concession 2 (Tunnel Line), from the
Agricultural (Al)Zone to a Special Agricultural Temporary (Al-T2)Zone.
File: D
COUNCIL MINUTES - 394 - DECEMBER 17, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
3. PUBLIC MEETING
2. Declaration of Pecuniary Interest and the General Nature Thereof
There was no declaration of pecuniary interest and the general nature thereof.
3. Staff Presentation
The Co-ordinator of Planning and Community Services provided Council with a brief
summary regarding the application and stated that no objections had been received.
4. Public Comments
There were no comments from the public.
5. Council Comments and Questions
Councillor Nezezon expressed concern regarding visibility at the proposed access for the
second driveway entrance.
6. Adjournment
98-900 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Public Meeting be adjourned at 7:52 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
98-901 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the application submitted by Nancy Friesen, agent for Cornelius,Aganetha,
Margaret and Helena Sawatzky,for a site specific temporary rezoning on property
situated on the south side of Tunnel Line in North Part Lot 24, Concession 2
(Tunnel Line),in the Municipality of Bayham from the"Agricultural" (Al)zoning
designation to the "Special Agricultural Temporary" (Al-T2)zoning designation in
order to permit temporary use of a mobile home for farm help,for a period of three
years,is hereby approved, subject to approval by the Elgin-St. Thomas Health Unit
for a sewage system, and subject to access being at the east end by the mobile home
being closed, and that both residences be served by one driveway only;
AND THAT By-law Z398-98, being a by-law to amend Township of Bayham Zoning
By-law No. 2387,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Draft Agreement for Sidewalk Winter Maintenance Control Activities.
L04
COUNCIL MINUTES - 395 - DECEMBER 17, 1998
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(a) 98-902 Moved by D. Mason
Seconded by J.Nezezon
"THAT the draft agreement for Sidewalk Winter Maintenance Control be
approved;
AND THAT By-law 98-103,being a By-law to authorize the Mayor and Clerk to
execute an Agreement with Herman Klassen for Sidewalk Winter Maintenance
Control be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) No Items.
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Petition submitted by John Honsinger regarding the keeping of"exotic animals"and Mr.
Loewen's proposal. Russell V. LaCombe correspondence dated December 14, 1998.
File C13
98-903 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Petition presented by John Honsinger, and correspondence dated
December 14, 1998 from Russell V. LaCombe regarding the keeping of "Exotic
Animals" be received;
AND THAT concerns raised be considered in the report to be prepared by Staff
regarding amendments to By-law 98-90,being a by-law to prohibit and regulate the
keeping of exotic animals in the Municipality of Bayham."
Disposition: Motion Carried Unanimously
(b) Staff Report 98128 regarding former Port Burwell Library Property,29 Wellington Street
—Quotations for Appraisal.
File: A19
98-904 Moved by C. Evanitski
Seconded by J.Nezezon
THAT the quotations submitted for undertaking an appraisal of the municipal
owned property at 29 Wellington Street,Port Burwell be received;
AND THAT K. J. Stub & Associates Limited be retained to prepare
an appraisal at a cost of$1,000 inclusive of GST,travel and disbursements;
AND THAT staff be directed to forward the appraisal report back to Council for
review."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 396 - DECEMBER 17, 1998
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
2. UNFINISHED BUSINESS
(a) Staff Report 98130 regarding price quotes for installation of drywall/fire retardent
treatment on the Vienna Community Centre walls.
File: F18
98-905 Moved by J.Nezezon
Seconded by D. Mason
"THAT Staff Report 98130 regarding Price Quotes for Drywalling and Painting the
Vienna Community Centre be received;
AND THAT Council direct staff to retain the following contractors to complete the
jobs as quoted: Brennholt Plastering&Drywall and Paul's Painting;
AND THAT Staff obtain estimates for the installation of a chair rail for Council's
consideration."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register for the period ending December 20, 1998, being cheques# 1450 to
# 1578 inclusive
File: F10.3
98-906 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the Cheque Register for cheque numbers 1450 to 1578 inclusive, be
approved."
Disposition: Motion Carried Unanimously
(b) Staff Report 98129 regarding summary of insurance proposal comparisons.
File: L05.1
98-907 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT Staff Report No. 98129 regarding insurance proposal comparisons be
received;
AND THAT the 1999 insurance coverage proposals submitted Frank Cowan
Company Limited be in the amount of$35,307.be accepted."
Disposition: Motion Carried Unanimously
(c) Martial Arts Canada Competition Team correspondence dated November 30, 1998
requesting financial support.
File: A01
COUNCIL MINUTES - 397 - DECEMBER 17, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(c) 98-908 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the Bruce and Debra Shaver correspondence dated November 17, 1998, on
behalf of the Martial Arts Canada Competition Team, be received;
AND THAT the Council of the Municipality of Bayham will consider financial
support of the event during 1999 budget deliberations."
Disposition: Motion Carried Unanimously
(d) Aylmer Area Community Foundation correspondence dated November 23, 1998.
File: A01
98-909 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Aylmer Area Community Foundation correspondence dated November
23, 1998, regarding the 1999 Grants Program be received;
AND THAT Staff be directed to forward to organizations within the Municipality of
Bayham who may be interested in applying for a grant from the Foundation;
AND THAT Staff be authorized to provide a letter of sponsorship to those
organizations that may not qualify as a Registered Charity."
Disposition: Motion Carried Unanimously
(e) 98-910 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT, notwithstanding Section 4 of the Procedural By-law 98-02,the regular
meeting of the Council of the Municipality of Bayham to be held Thursday,
January 7, 1999, be rescheduled to Thursday,January 14, 1999 at 9:00 a.m."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) East Elgin Millenium Committee minutes of meeting held November 11, 1998.
File: C06
98-911 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the East Elgin Millenium Committee minutes of the meeting held
November 11, 1998 be received;
AND THAT the Council of the Municipality of Bayham agrees to join with the
municipalities of the Town of Aylmer and the Township of Malahide,for the
purpose of organizing the East Elgin Millenium Committee, comprised of members
from all three municipalities (Aylmer, Malahide and Bayham),to organize and
bring those municipalities together to plan for the events for entering into the New
Millenium, beginning December 31, 1999;
.../continued
COUNCIL MINUTES - 398 DECEMBER 17, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
2. UNFINISHED BUSINESS
(a) Resolution 98-911(continued)
AND THAT the Council of the Municipality of Bayham authorizes $1.00 per capita
funding for the East Elgin Millenium Committee Program, to be included in the
1999 Budget;
AND THAT the Millenium Committee seek ideas of the general public of the East
Elgin area, in preparation for the Millenium Program, and consult with the
Council of the Municipality of Bayham before finalizing the Program;
AND THAT Council hereby appoints Bayham citizens Joel Taylor
and Deb Travis as members at large to this Committee."
Disposition: Motion Carried Unanimously
(b) Opening of Tenders for the sale of the 1987 Chevrolet pickup truck.
98-912 Moved by C. Evanitski
Seconded by D. Mason
"THAT the tender for the sale of the blue 1987 Chevrolet pickup truck, as is
condition,where is, be received;
AND THAT the price quote received from Tim Csinos in the amount of$ 600.be
accepted ."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
.1. CORRESPONDENCE&REPORTS
(a) Billy Clarke, 1st Port Burwell Scout correspondence dated November 13, 1998.
File: C13
98-913 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Billy Clarke, correspondence dated November 9, 1998,on behalf of the
1St Port Burwell Scout Troop,be received."
Disposition: Motion Carried Unanimously
(b) Discussion arising from tour of TCR Environmental Corp. Aylmer recycling facility on
December 15th, and proposal for provision of waste management services.
98-914 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Council of the Municipality of Bayham hereby strikes a Waste
Management Committee comprised of the following members of Council and Staff
to establish the level of waste management service to be negotiated with TCR
Environmental Corp.:
..../continued
COUNCIL MINUTES - 399 - DECEMBER 17, 1998
10. ENVIRONMENT (continued)
1. CORRESPONDENCE& REPORTS
(b) Resolution 98-914..../continued
• Road Superintendent Bob Bartlett
• Councillor Nezezon
• Administrator/Treasurer Lynn Buchner
AND THAT a draft agreement be presented to Council for consideration for
services to commence March 1, 1999."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
11. COMMITTEE OF THE WHOLE
98-915 Moved by D. Mason
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 personnel matters."
Disposition: Motion Carried Unanimously
98-916 Moved by C. Evanitski
Seconded by D. Mason
"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 98124 regarding a personnel matter. (Previously distributed
December 3rd)
File: HO
12. BY-LAWS
By-law Z398-98 A By-law to amend By-law No. 2387 (Nancy Friesen I Margaret,
Cornelius, Aganetha and Helena Sawatzky)
By-law 98 - 143 A By-law to authorize the Mayor and Clerk to sign an Agreement
with Herman Klassen for Sidewalk Winter Control Maintenance
COUNCIL MINUTES - 400 - DECEMBER 17, 1998
12. BY-LAWS (continued)
98-917 Moved by D. Mason
Seconded by C. Evanitski
"THAT By-laws Z398-98 and 98-103 be read a first and second time."
Disposition: Motion Carried Unanimously
98-918 Moved by J. Nezezon
Seconded by D. Mason
"THAT By-laws Z98-398 and 98-103 be read a third time and fmally passed."
Disposition: Motion Carried Unanimously
By-law 98-104 A By-law to confirm all actions of Council
98-919 Moved by D. Mason
Seconded by C. Evanitski
"THAT By-law 98-104 be read a first and second time."
Disposition: Motion Carried Unanimously
98-920 Moved by J.Nezezon
Seconded by D.Mason
"THAT By-law 98-104 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
98-921 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Council Meeting be adjourned at 9:36 p.m."
Disposition: Motion Carried Unanimously
YOR CLERK
v
Date approved: /61/9