HomeMy WebLinkAboutDecember 20, 2001 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYIEAM
P.O. Bog 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, December 20,2001
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, December 20, 2001 in Council Chambers. Present were Mayor Max Stewart, Deputy
Mayor Lynn Acre, Councillors David Mason,Mathew Schafer and Cliff Evanitski,
Administrator Kyle Kruger and Clerk Lynda Millard.
Also present were Public Works Superintendent Bob Bartlett and Fire Chief Sam Taylor to
present their respective reports.
1. CALL TO ORDER
Mayor Stewart called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
None
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held December 6, 2001
2001-533 Moved by C. Evanitski
Seconded by L. Acre
"THAT the minutes of the regular meeting of the Municipality of Bayham held
December 6,2001 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m. —Bryce Sibbick and Joel Taylor, Cowan Insurance Company
representatives were in attendance to present the annual insurance renewal. Mr. Sibbick
noted that the premium has increased substantially, and that the Walkerton contaminated
water situation in 2000, and the terrorist attacks on the World Trade Centre and the
Pentagon in the United States on September 11, 2001 have contributed to this situation.
Item 9.1(b)
(b) 8:00 p.m. - Mayor Bob Habkirk, Town of Aylmer was in attendance to present an
update report on the Primary Water System.
Item 10.1(a)
(c) 8:15 p.m.—Larry Smith, Vice-President, & Roger James,Poplar Ridge Snowmobile
Club were in attendance to request Council support for the installation of snowmobile
crossing signage along County Road 45, Calton Line, near the bridge which crosses the
Otter Creek.
Item 7.1(a)
COUNCIL MINUTES -219- December 20,2001
5. INFORMATION ITEMS
2001-534 Moved by L. Acre
Seconded by C. Evanitski
"THAT Information Items 5(a) through 5(p) be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Community Centres Committee minutes of meeting held November 29, 2001.
File: C06
(b) Elgin Group Police Services Board minutes of meeting held November 13, 2001.
File: C06
(c) Edison Museum of Vienna minutes of meeting held November 13, 2001
File: C06
(d) Ministry of Tourism Culture&Recreation Bulletin#10 dated December 6, 2001.
File: A16
(e) Municipal Property Assessment Corporation correspondence dated December 2001
regarding the Annual General Meeting and conferences 2001.
File: A16
(f) Federation of Canadian Municipalities correspondence dated December 10, 2001
regarding"Federal budget responds to FCM investment priorities".
File: A01
(g) Communities in Bloom correspondence dated November 25, 2001 regarding the 2002
Ontario edition.
File: A01
(h) Elgin St. Thomas Health Unit correspondence regarding "Christmas Care", "Elgin Food
Cost/Poverty Report—2001"and"Food for All"Projects in Elgin County.
File: A16
(i) Association of Municipalities of Ontario correspondence dated December 5, 6, 7, 10, 11
and 12, 2001 regarding "Members Frustrated by Delays in Provincial Funding for
Ambulance", "AMO Discusses Disability and Alternative Fuel Issues', "Superbuild
Hosts Drinking Water Financing Strategy Reform", "AMO Strikes Task Force to Review
Building Regulatory Reform Legislation", "Federal Budget makes added Infrastructure
Commitments","Municipalities Get a New Municipal Act"and "New Legislation
Mandating Move to Full Cost Recovery for Water and Sewer".
File: A01
(j) Correspondence dated December 6, 2001 from the Ministry of the Solicitor General
regarding"Ontario Legislation will Improve Emergency Response".
File: A16
(k) Correspondence dated December 11, 2001 from the Ministry of Municipal Affairs and
Housing regarding"Ontario Passes Municipal Act for the 21st Century".
File: A16
(1) Thames Valley District School Board correspondence dated November 15, 2001 in
appreciation of donation toward the`Breakfast for Learning Program"at Port Burwell
School.
File: A16
(m) County of Elgin correspondence dated December 12, 2001 advising of the election of
John D. Wilson, Mayor, Township of Malahide as Warden for 2002.
File: A16
COUNCIL MINUTES - 220- December 20,2001
5. INFORMATION ITEMS (continued)
(n) Correspondence dated December 4, 2001 from the Kidney Foundation of Canada
regarding the annual Door-to-Door Campaign being held in March.
File: A01
(o) Ministry of Citizenship correspondence dated December 3, 2001 regarding the latest
Abilities Magazine on the proposed"Ontarians with Disabilities Act, 2001".
File: A16
(p) Early Years Challenge Fund correspondence dated December 14, 2001 from Donna
Mylrea, Early Years Community Coordinator,Elgin County.
File: A16
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
Y. CORRESPONDENCE&REPORTS
(a) Staff Report L2001- 13 regarding Concession Food Booth
File: F18
2001-535 Moved by L. Acre
Seconded C. Evanitski
"That the Corporation of the Municipality of Bayham tender the service of the
Concession Food Booth (Port Burwell Beach) 2002,with the Tender closing date of
January 31,2002."
Disposition: Motion Carried Unanimously
(b) Staff Report T2001- 02 regarding Martin Bayuk Request to Rent Sea-Doos in Port
Burwell.
File: D06
2001-536 Moved by D. Mason
Seconded by M. Schafer
"That the Municipality of Bayham allow Martin Bayuk to operate a Sea-Doo rental
business on the East Beach in Port Burwell provided that:
Mr. Bayuk obtain a lease for$500;
Mr. Bayuk obtain $2,000,000 liability insurance holding the Municipality harmless
from any liability;
Reuters be required to sign a waiver holding the Municipality harmless;
Renters be required to sign a waiver indicating that they are only allowed to operate
the machines in designated areas;
Further that the Municipality delineate the swimming area at the East Beach prior
to Sea-Dons be rented."
Disposition: Motion Carried Unanimously
(c) Staff Report D2001-55 regarding Christoph Encroachment. (This item was removed from
the Agenda as this is property is under the County of Elgin jurisdiction)
File: D16
COUNCIL MINUTES - 221 - December 20,2001
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE&REPORTS
(d) Staff Report D2001-56 regarding Wylie Encroachment.
File: D16
2001-537 Moved by M. Schafer
Seconded by L. Acre
"THAT the Council of the Municipality of Bayham enter into an encroachment
agreement with John Dennis Wylie and Carolyn Frances Johnson for the property
at 23 Brock Street in Port Burwell and that By-law Number 2001-116 be brought
forward for consideration."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Poplar Ridge Snowmobile Club correspondence received December 17, 2001 requesting
signage.
File: C13
2001-538 Moved by L. Acre
Seconded by C. Evanitski
"THAT the correspondence from the Poplar Ridge Snowmobile Club received
December 17,2001 requesting signage be received;
AND THAT the Council of the Municipality of Bayham supports the request for the
installation of snowmobile crossing signage;
AND THAT the correspondence be forwarded to the County of Elgin for
appropriate action;
AND THAT the Snowmobile Club pay for required signage if approved."
Disposition: Motion Carried Unanimously
(b) Staff Report PW2001-06 regarding Erection of Stop Signs on Municipal Roads.
File: T07
2001-539 Moved by C. Evanitski
Seconded by L. Acre
"THAT Staff Report PW2001-06 regarding the erection of"Stop Signs" at various
intersections be received;
AND THAT By-law No. 2001-117, being a by-law to provide for the erection of stop
signs at intersections be presented to Council of the Municipality of Bayham for
enactment;
AND THAT the Public Works Superintendent be authorized and directed to
purchase and erect stop signs as identified in By-law No. 2001-117."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 222 - December 20, 2001
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(c) Staff Report PW2001-07 regarding Installation of Public Works Activities for November
and December 2001.
File: T06
2001-540 Moved by C. Evanitski
Seconded by L. Acre
"THAT Staff Report PW2001-07 regarding Public Works Activities for the months
of November and December 2001 be received for information."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month of November 2001.
File: P10
2001-541 Moved by L. Acre
Seconded by C. Evanitski
"That the Building Permit Report for the month of November 2001 be received
for information."
Disposition: Motion Carried Unanimously
(b) Staff Report P2001-15 regarding Municipal Requirements of the Fire Protection and
Prevention Act 1997 (F.P.P.A.).
File: P16
2001-542 Moved by C. Evanitski
Seconded by M. Schafer
"That Staff Report P2001-15 informing Council of the municipal requirements of
the Fire Protection and Prevention Act be received for information."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque # 3533 to Cheque#3604 inclusive, except Cheques
# 3551 and#3575, and totaling $ 368,426.22 and Payroll Disbursements for the period
ending December 12, 2001 totaling $ 30,584.40.
2001-543 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the Cheque Register, being Cheque#3533 to Cheque#3604 inclusive,
except Cheques#3551 and 3575,totaling $368,426.22 and Payroll Disbursements
for the period ending December 12, 2001 totaling $30,584.40 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 223 - December 20,2001
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
1'. CORRESPONDENCE&REPORTS
(b) Cowan Insurance Renewal for 2002
File: L06
(c) Staff Report L200 1-12 regarding 2002 Municipal Insurance Renewal.
File: L5.1
2001-544 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the 2001 Municipal insurance coverage needs be obtained from Frank
Cowan Company Limited at a premium of$53,290 plus applicable taxes."
Disposition: Motion Carried Unanimously
(d) Staff Memorandum C2001-18 regarding Community Centres Committee Request.
File: F05
2001-545 Moved by L. Acre
Seconded by M. Schafer
"That the Council of the Municipality of Bayham approves the Community Centres
Committee request to carry forward any balance of the Community Centres 2001
capital budget funds unexpended at December 31,2001 for their capital use in
2002."
Disposition: Motion Carried Unanimously
(e) Long Point Region Conservation Authority correspondence dated December 6, 2001
regarding the Draft 2002 LPRCA Budget.
File: F05
2001-546 Moved by L. Acre
Seconded by M. Schafer
"THAT Long Point Region Conservation Authority Budget Draft#2
correspondence dated December 6, 2001 be received;
AND THAT the Council of the Municipality of Bayham accepts the General Levy
for the 2002 LPRCA Budget."
Disposition: Motion Carried Unanimously
2001-547 Moved by D. Mason
Seconded by L. Acre
"THAT the Council of the Municipality of Bayham supports the special"benefiting
municipality" levy contribution to the Long Point Region Conservation Authority
2002 Budget in the amounts of$5,000 and $3,000 respectively for:
1. Big Otter/Catfish Irrigations Options; and
2. Lower Big Otter,Lynn River, Nanticoke, Sandusk, Groundwater and
Norfolk Wellhead projects."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -224 - December 20, 2001
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
1. CORRESPONDENCE&REPORTS
(1) Correspondence dated December 6, 2001 from the Canadian National Institute for the
Blind, Ontario Division regarding the sale of Raffle Lottery Tickets under Provincial
License #P012215.
File: P09
(g) Correspondence dated December 7, 2001 from the London Health Sciences Campaign
requesting permission for the sale of Raffle Lottery Tickets in Bayham, under Provincial
License# P012153.
File: P09
2001-548 Moved by L. Acre
Seconded by C. Evanitski
"THAT the correspondence dated December 6, 2001 from the Canadian National
Institute for the Blind, Ontario Division be received;
AND THAT the Council of the Municipality of Bayham approves the sale of Raffle
Lottery Tickets under Provincial License#P012215;
THAT the correspondence dated December 7, 2001 from the London Health
Sciences Campaign be received;
AND THAT the Council of the Municipality of Bayham approves the sale of Raffle
Lottery Tickets under Provincial License#P012153."
Disposition: Motion Carried Unanimously
(h) Staff Memorandum C2001-17 regarding January 2002 meeting schedule.
File: A09
2001-549 Moved by L. Acre
Seconded by C. Evanitski
"THAT Staff Memorandum C2001-17 regarding the January 2002 meeting
schedule be received;
AND THAT notwithstanding Section 4 of the Council Procedural By-law 98-02 as
amended by By-law 2001-81, the January 2002 meetings of Council will be held only
on January 17th,2002 at 7:00 p.m."
Disposition: Motion Carried Unanimously
(i) Staff memorandum C2001-19 regarding the Ashtabula Model Agreement.
File: L04
2001-550 Moved by L. Acre
Seconded D. Mason
"THAT Staff memorandum C2001-19 regarding the Ashtabula Model Agreement
be received;
AND THAT By-law 2001-118, being a by-Iaw to authorize the Mayor and Clerk to
execute an Agreement with the City of Toronto for the lease of the Ashtabula model,
be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -225 - December 20, 2001
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
X. CORRESPONDENCE& REPORTS
Added Item
(j) The Administrator provided a verbal report regarding CRF Reporting for 2002,noting
that a response is to be submitted prior to January 11, 2002.
2001-551 Moved by D. Mason
Seconded by M. Schafer
"Be it resolved that the Council of the Municipality of Bayham acknowledges their
intent to use the CRF Allocations they will receive for the direct benefit of
taxpayers; and accepts the 2002 CRF Allocations in accordance with the terms and
conditions (Conditions of Community Reinvestment Fund Allocations) attached to
the letter of November 91b, 2001 from the Deputy Ministers of Finance and
Municipal Affairs and Housing to municipal Treasurers/Clerk-Treasurers."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Report dated December 6, 2001 to Aylmer, Bayham and Malahide Councils on Actions
of the Primary Water Board.
File: E08
2001-552 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Report dated December 6,2001 to Aylmer, Bayham and Malahide
Councils on Actions of the Primary Water Board be received for information."
Disposition: Motion Carried Unanimously
(b) Long Point Region Conservation Authority Memorandum dated November 30, 2001
regarding the Big Otter/Catfish Watersheds Irrigation Options Healthy Futures Proposal.
File: D03
2001-553 Moved by L. Acre
Seconded by M. Schafer
"THAT the Long Point Region Conservation Authority Memorandum dated
November 30,2001 regarding the Rig Otter/Catfish Watersheds Irrigation Options
Healthy Futures Proposal be received for information."
Disposition: Motion Carried Unanimously
MOTION TO EXTEND LENGTH OF MEETING
2001-554 Moved by D. Mason
Seconded by M. Schafer
"THAT in accordance with Section 12 of Procedural By-law 98-02, Council shall
deal with business until 12:00 :m. at its meeting of December 20,2001."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 226- December 20, 2001
11. COMMITTEE OF THE WHOLE
2001-555 Moved by M. Schafer
Seconded by D. Mason
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss confidential property, legal and personnel matters."
Disposition: Motion Carried Unanimously
2001-556 Moved by D. Mason
Seconded by M. Schafer
"THAT the Committee of the Whole do now rise from the "In Camera" Session."
Disposition: Motion Carried Unanimously
L CORRESPONDENCE& REPORTS
(a) Confidential Staff Report PR2001-03 regarding a property matter.
File: L07
2001-557 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff be authorized to make necessary arrangements to rent the former
Eden School Facility to the Straffordville Gospel Hall, as outlined in report
PR2001-03."
Disposition: Motion Carried Unanimously
(b) Confidential Staff Report L2001-14 regarding a legal matter.
File: L07
2001-558 Moved by L. Acre
Seconded by M. Schafer
"THAT Council confirm the position as drafted by the Municipal Solicitor
regarding the Application for Judicial Review of the decision of the Deputy Referee
under the Line Fences Act."
Disposition: Motion Carried Unanimously
(c) Confidential Staff Report P2001-04 regarding a property matter.
File: L04
COUNCIL MINUTES - 227 - December 20,2001
11. COMMITTEE OF THE WHOLE (continued)
I. CORRESPONDENCE&REPORTS
(d) Confidential Staff Report H2001-05 regarding a personnel matter. The Clerk vacated
Council Chambers during discussion of this Item.
File: H08
2001-559 Moved by L. Acre
Seconded by C. Evanitski
1. THAT the amended Pay Equity Plan for the Municipality of Bayham as
attached to report H2001-05 be approved, and that staff be authorized to
carry out the necessary procedures under the Pay Equity Act, and carry out
the necessary salary adjustments.
2. That the Vienna Pay Equity Plan be confirmed, and that staff be authorized
to carry out the necessary salary adjustments.
3. That staff be authorized to carry out the necessary salary adjustments
pursuant to the Non-union salary grid approved under report 112001-04
effective August 2°d, 2001."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law 2001 - 113 A By-law to Authorize the Execution of an Amended Agreement
with South-West Oxford(Automatic Aid Services)
By-law 2001 - 116 A By-law to Authorize the Execution of an Encroachment
Agreement (Wylie)
By-law 2001 - 117 A By-law to Provide for the Erection of Stop Signs
By-law 2001 118 A By-law to authorize the Execution of an Agreement with the
City of Toronto for the Ashtabula Model
By-law 2001 - 119 A By-law to Accept the Transfer of Land from Cleason& Salinda
Hoover for Road Purposes
2001-560 Moved by M. Schafer
Seconded by D. Mason
"THAT By-laws 2001-113,200-116, 2001-117, 2001-118 and 2001-119 be read a first,
second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 2001 - 114 A By-law to confirm all actions of Council
2001-561 Moved by D. Mason
Seconded by M. Schafer
"THAT confirming By-law 2001-114 be read a first, second and third time and
finally passed."
Disposition; Motion Carried Unanimously
COUNCIL MINUTES - 228 - December 20,2001
13, ADJOURNMENT
2001-562 Moved by M. Schafer
Seconded by D. Mason
"THAT the meeting be adjourned at 11:40 p.m."
Disposition: Motion Carried Unanimously
PAXOR CLERK
Date approved: 6_,0,-„A) /-)10