HomeMy WebLinkAboutAugust 03, 2000 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,August 3,2000
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham, was held at 7:00 p.m. on
Thursday, August 3, 2000 in Council Chambers. Present were Mayor Max Stewart, Deputy
Mayor John Nezezon, Councillors David Mason, Mathew Schafer and Cliff Evanitski,
Administrator Kyle Kruger and Clerk Lynda Millard. Also present were Chief Building Official
Dwayne Daniel,Treasurer Suzanna Mantel and Fire Chief Sam Taylor.
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
There was no disclosure of pecuniary interest and the general nature thereof.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held July 20,2000
2000-386 Moved by D. Mason
Seconded by J.Nezezon
"THAT the minutes of the regular meeting of the Municipality of Bayham held
July 20,2000 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—James Battin, Solicitor, representing Diane Tasker was present and noted
that Staff Report D2000-39 addressed the previous concerns raised, commented that the
severance and procedures followed in 1991 were proper, and supported adoption of the
report by Council.
Item 6.1(c)
(b) 7:20 p.m. - Carole Reimer,representing herself, Henry Reimer, George&Edith Peaker
and Alan& Sylvia Wittet,provided further comments regarding the Tasker Property.
Mrs. Reimer provided several definitions of a"watercourse", and requested further
consideration regarding the environmental impact through development of the property.
Item 6.1(c)
(c) Mike Elliott, Ontario Clean Water Agency Representative was present regarding
Item 10.1(a).
COUNCIL MINUTES - 149 - August 3,2000
5. INFORMATION ITEMS
2000-387 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Information Items 5(a)through 5(i) be received for information."
Disposition: Motion Carried Unanimously
(a) Elgin St. Thomas Health Unit correspondence dated July 21, 2000 regarding Laboratory
Results for Water Samples.
File: A16
(b) Bayham Community Policing Committee Minutes of meeting held June 21, 2000.
File: C06
(c) Correspondence dated July 24, 2000 from the Association of Municipalities of Ontario
regarding "Proposed Resolution—Smoking Policy".
File: A01
(d) Trans Canada Water Relay 2000 flyer of planned activities.
File: M02
(e) Long Point Region Conservation Authority minutes of meeting held June 7,2000.
File: A16
(f) Correspondence received July 31,2000 from the Ministry of Citizenship, Culture and
Recreation regarding the new Heritage Retail Sales Tax Rebate Program.
File: A16
(g) Association of Municipalities of Ontario "Alert" correspondence dated July 18 and July
31, 2000 regarding "LAISC Meetings Suspended Until Ambulance Funding Resolved"
and " Province Releases Water Treatment Plant Inspection Results."
File: A01
(h) Ministry of Agriculture Food and Rural Affairs correspondence dated July 10, 2000
regarding "Ontario proposes strict environmental safeguards for agricultural practices".
(i) Ministry of Tourism correspondence dated June 20, 2000 regarding proposed changes to
the Motorized Snow Vehicles Act and Trespass to Property Act.
File: A16
COUNCIL MINUTES - 150 - August 3,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
I. CORRESPONDENCE& REPORTS
(a) County of Elgin Notice of Application for Consent#E 59/00,to sever property described
as Part Lots 19 & 20, Concession 4, #56905 Calton Line, to add to the adjoining
residential lot, submitted by Gregory and Maria O'Neill.
File: D10
2000-388 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 E-59/00 submitted by Gregory and Maria O'Neill to sever an irregular
shaped parcel of land with a frontage of 18.47 metres along Calton Line, a rear width
of 47.7 metres by a depth of 74 metres (west lot Iine) from property described as Part
Lots 19 & 20, Concession 4,#56905 Calton Line,to add to the adjoining residential lot
to the north, subject to the following conditions:
• That the newly created parcel is rezoned to a"Special Agricultural(A-1)"
zoning designation
• That Subsection 3 of Section 50 of the Planning Act, RSO 1990, shall apply to
merge the severed parcel with the adjoining lot to the north
That the applicant deposit with the Municipal Clerk a copy of the survey plan
prepared for the severed portion."
Disposition: Motion Carried Unanimously
(b) County of Elgin Notice of Application for Consent#E 61/00, to sever property described
as Part Lot 5, Concession 8,#9693 Culloden Road,to create one new residential lot,
submitted by Harry and Grace Schipper.
File: D10
2000-389 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 E-61100 submitted by Harry and Grace Schipper to sever a parcel of
land with a frontage of 58.0 metres along Culloden Road,by a depth of 88.5 metres
from property described as Part Lot 5, Concession 8,# 9693 Culloden Road,
proposed to create one new rural residential lot, subject to the following conditions:
• That the severed portion is rezoned to a "Rural Residential (RR)" zoning
designation
• That 5500 cash in lieu of parkland dedication be paid to the municipality,
• That the applicant deposit with the Municipal Clerk a copy of the survey
plan prepared for the severed portion."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 151 - August 3,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(c) Staff Report D2000-39 regarding Part Lot 14, Concession 10 Tasker Lot, Best Line.
File: D08, D10 & D14
2000390 Moved by J. Nezezon
Seconded by D. Mason
"THAT Staff Report D2000-39 providing responses to questions raised on
connection with the previously severed Tasker property described as Part Lot 14,
Concession 10 be received for information."
Disposition: Motion Carried
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2000-33 regarding Road Naming Changes/Omissions.
File: D19.911
2000-391 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT Staff Report D2000-33 regarding road name changes and additions be
received;
AND THAT the recommended road name changes and additions described in the
report be hereby approved;
AND THAT in accordance with the provisions of Section 210 (111) of the Municipal
Act, R.S.O. 1990, Chapter M.45 as amended, staff be directed to publish a notice of
intention to pass By-law No. 2000-67 being a by-law to amend By-law No. 99-16, to
change or assign names to streets in both the Tillsonburg News and the Aylmer
Express, once per week for four consecutive weeks and to notify in writing the
following parties of the proposed by-law amendment:
• All property owners on the affected streets
• Amtelecom
• BelI Canada
• Ontario Hydro
• NRG Natural Resource Gas
• Union Gas
• Elgin/St. Thomas Health Unit
• Ontario Property Assessment Corporation
• City of St.Thomas Fire Department
• Ontario Provincial Police
• County of Elgin
• Township of Norfolk
• Stephen Hale,County of Elgin Land Registry Office
• London-District Catholic School Board
• Thames Valley District School Board
• Long Point Region Conservation Authority
• Cumming Cockburn Limited
• Spriet Associates
• Cyril J.Demeyere Limited
AND THAT following the above noted circulation,the necessary amending By-law
No. 2000-67 be presented to Council for consideration."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 152- August 3,2000
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(b) Staff Report F2000-28 regarding Drain Maintenance.
File: F22
2000-392 Moved by J. Nezezon
Seconded by D. Mason
"That Staff Report 2000-28 be received;
AND THAT by-law 2000-28 being a by-law to provide for the maintenance of Arn,
Casier,Coomber B,Dennis,Garnham,Grigg,Hampton,Magyar DieIeman,Nelson A,
No. 1, CE Smith, Smith, Stewart,Todd,White,And Kapin Drains and to raise the sum
of$7,031.03 to cover the costs be presented to council for enactment."
Disposition; Motion Carried Unanimously
The Administrator requested that the following item be added to the Agenda.
(c) Staff Report T2000-04 regarding Temporary Road Closure of Pitt Street, Port Burwell
File: T08
2000-393 Moved by J.Nezezon
Seconded by M. Schafer
"THAT Staff Report T2000-04 be received;
AND THAT By-law 2000-72 being a by-law to temporarily close Pitt Street to
vehicular traffic, on the dates and times as outlined in report T2000-04, for the
purposes of the Trans Canada Relay Celebrations, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report D2000-20 regarding Road Allowance Closure and Conveyance—Policy and
Procedure. (From May 18th)
File: A09
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
I. CORRESPONDENCE& REPORTS
(a) Building Permit Report permits issued during the month of July 2000.
File: P10
2000-394 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Building Permit Report for the month of July 2000 be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 153 - August 3,2000
8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued)
1. CORRESPONDENCE&REPORTS
(b) Elgin County Emergency Planning Memorandum dated July 18, 2000 regarding
Streamlining Municipal By-laws Enforced by the OPP Parking By-law.
File: P03
2000-395 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the Elgin County Emergency Planning Memorandum dated July 18,2000
regarding Streamlining Municipal By-laws Enforced by the OPP Parking By-law be
received;
AND THAT the Council of the Municipality of Bayham supports the enforcement of
the standard parking infractions as outlined in the above noted Memorandum."
Disposition: Motion Carried Unanimously
(c) Staff Report PR2000-11 regarding Emergency Fire Service Plan&Program(Mutual
Aid)Authorization.
File: P11
2000-396 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report PR2000-11 regarding the Emergency Fire Service Plan &
Program (Mutual Aid)Authorization be received;
AND THAT By-law No. 2000-65, being a by-law to authorize the Municipality of
Bayham Fire Department to participate in the Elgin County Mutual Aid Plan or
any other regional, district or County Mutual Aid Plan on a reciprocal basis be
presented to Council for enactment;
AND THAT any by-laws passed by the former Village of Port Burwell,Village of
Vienna and Township of Bayham that provided for participation in the Elgin
County Emergency Fire Service Plan and program are hereby rescinded."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Correspondence dated July 11, 2000 from the London Fire Service Headquarters
requesting funding support for development of a Children's Safety Village of London
area. (From July 20`h)
File: C13
2000-397 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence dated July 11,2000 from the London Fire Service
Headquarters requesting funding support for development of a Children's Safety
Village of London area be received;
AND THAT the request for funding support in the amount of$300.00 be
approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 154 - August 3,2000
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register, being Cheque # 1037 to Cheque# 1129, except cheques# 1096 and
1097, totaling $ 129,645.13, Cash Requirements for the period ending August 20th, and
Payroll Disbursements for the period ending July 26th totaling$ 32,986.51.
File: F04
2000-398 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Cheque Register, being Cheque# 1037 to Cheque# 1129 inclusive,
except cheques# 1096 & 1097, totaling$129,645.13, Cash Requirements for the
period ending August 20th, and Payroll Disbursements for the period ending July
26"'totaling$ 32,986.51 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Memorandum 82000-01 dated July 28, 2000 regarding Request for Fee Waiver—
Tub Daze
File: R06
2000-399 Moved by D. Mason
Seconded by M. Schafer
"THAT the request dated July 28th,2000 from the Port Burwell Recreation Society
for a waiver of the $40.00 permit fee to erect a refreshment/beer tent on the East
Beach for planned Tub Daze Celebrations,August 4-6,2000 be approved;
AND THAT the Chief Building Official and Fire Chief be authorized and directed
to perform the necessary inspection of the tent."
Disposition: Motion Carried Unanimously
(c) Administrative Assistant/Bayham Community Health Action Committee Report S2000-
01 regarding Status of Health Services Building in Straffordville.
File: S08.00
2000-400 Moved by C.Evanitski
Seconded by D. Mason
"THAT Staff Report S2000-01 regarding the status of the Bayham Community
Health Services building at 9299 Plank Road in Straffordville be received;
AND THAT Council of the Municipality of Bayham supports the recommendation
of the Bayham Community Health Action Committee for the Family& Children's
Services to have use of office space at the municipal owned facility located at 9299
Plank Road, Straffordville, at no charge, for the provision of health care services as
outlined in the correspondence submitted by Family& Children's Services."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 155 - August 3,2000
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(d) Correspondence dated March 4, 2000 from the Royal Canadian Legion Port Burwell-
Bayham Branch 524, Ladies Auxiliary.
File: A01
2000-401 Moved by D. Mason
Seconded by M. Schafer
"THAT the correspondence dated March 4,2000 from the Royal Canadian Legion
Port Burwell-Bayham Branch 524,Ladies Auxiliary regarding the Annual Catfish
Derby being held May 6th to August 12th be received;
AND THAT the request for funding support in the amount of$25.00 be approved."
Disposition: Motion Carried Unanimously
(e) Staff Report C2000-07 regarding Proposed New Rates and Fees By-law.
File: C11
2000-402 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report C2000-07 regarding Rates and Fees By-law be received;
AND THAT a by-law be prepared reflecting rates and fees as proposed,for
Council's consideration."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 156- August 3,2000
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated July 26, 2000 from Mike Elliott for Andy Valickis, OCWA,
regarding construction of the Vienna to Port Burwell Sewage Forcemain Project Tender
results and Recommendation on Award for Contract No. 5.
File: E09
2000-403 Moved by J. Nezezon
Seconded by D. Mason
"WHEREAS the Council of the Municipality of Bayham (the"Municipality")has
reviewed the prices submitted by the tenderers on July 26,2000, for the
construction of the Vienna to Port Burwell Sewer Forcemain for the Municipality
under Contract No. 5 of Project Nos. 88-1338-01 and 88-1350-01;
AND WHEREAS Council is in agreement with the recommendations submitted by
the Consulting Engineers and Ontario Clean Water Agency (OCWA);
NOW THEREFORE BE IT RESOLVED by the Council of the Municipality:
1. THAT the lowest tender,submitted by Birnam Excavating Limited, in the
amount of
$ 1,234,988.43 for the construction of the Vienna to Port Burwell Sewage
Forcemain is hereby accepted; and
2. THAT the Ontario Clean Water Agency be so advised and requested to
prepare the necessary contract documents for execution in order to award
Contract No. 5; and
3. THAT the construction of the works be undertaken as expeditiously as
possible and that in this regard the Ontario Clean Water Agency be hereby
requested to issue, prior to the formal execution of contract documents, a
letter authorizing Birnam Excavating Limited to commence work on the
construction of the Vienna to Port Burwell Sewage Forcemain
AND THAT By-law 2000-71,being a by-law to authorize the Mayor and
Clerk to execute the Contract No. 5 agreement documents with Birnam
Excavating Limited, for the construction of the Vienna to Port Burwell
Sewage Forcemain be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report U2000-08 regarding Additional Connections—Vienna Portion of Sanitary
Sewer Project.
File: E01
2000-404 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report U2000-08 regarding Additional Connection—Vienna Portion
of Sanitary Sewer Project be received; and
1. That the additional private drain connections in the Vienna service area be
permitted; and
2. That prior to works commencing on any of the private connections, that the
applicant prepay the amount of$1,014 plus 12% engineering and
administration, plus all applicable taxes,to the Municipality."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 157 - August 3,2000
MOTION TO EXTEND LENGTH OF MEETING
2000-405 Moved by M. Schafer
Seconded by D. Mason
"THAT in accordance with Section 12 of Procedural By-law 98-02, Council shall
deal with business until 11:30 p.m. at its meeting of August 3, 2000."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2000-406 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 personnel matters."
Disposition: Motion Carried Unanimously
2000-407 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
(a) Confidential correspondence dated July 27, 2000 regarding a personnel matter.
File: A01
(b) Confidential Memorandum dated July 31,2000 regarding a personnel matter.
12. BY-LAWS
By-law 2000-65 A By-law to Authorize participation in the County Emergency Fire
Service Plan& Program
By-law 2000 - 68 A By-law to Provide for Maintenance of Arn, Casier, Coomber B,
Dennis, Garnham, Grigg, Hampton, Magyar Dieleman,
Nelson"A",No. 1, CE Smith, Smith, Stewart,Todd,White, and
Kapin Drains
By-law 2000—71 A By-law to authorize the execution of an Agreement with Birnam
Excavating for construction of the Vienna to Port Burwell Sewage
Forcemain(Contract No. 5)
By-law 2000—72 A By-law to temporarily close Pitt Street,Port Burwell
2000-408 Moved by J. Nezezon
Seconded by D. Mason
"THAT By-laws 2000-65,2000-68,2000-71 and 2000-72 be read a first, second and
third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 158 - August 3,2000
12. BY-LAWS (continued)
By-law 2000— 70 A By-law to confirm all actions of Council
2000-409 Moved by D. Mason
Seconded by M. Schafer
"THAT confirming By-law 2000-70 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2000-410 Moved by C. Evanitski
Seconded by D. Mason
"THAT the meeting be adjourned at 11:15 p.m."
Disposition: Motion Carried Unanimously
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Date Approved: ac- ea7/d