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HomeMy WebLinkAboutApril 18, 2002 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,April 18,2002 7:00 p.m. The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, April 18, 2002 in Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Lynn Acre, Councillors David Mason, Matt Schafer and Cliff Evanitski, Administrator Kyle Kruger, Clerk Lynda Millard, Coordinator of Planning Michael Graves,Drainage Superintendent Dwayne Daniel and Treasurer Suzann Mantel. Andy Valickis, Project Manager, Ontario Clean Water Agency was also present in regard to Item 9.1(d). 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 April 4, 2002 Councillor Mason noted that he had not supported the recommendation regarding Item 9.1(d), and requested that the minutes be amended to reflect that the resolution was not passed unanimously. 2002-169 Moved by L. Acre Seconded by D. Mason "THAT the minutes of the regular meeting of the Municipality of Bayham held April 4, 2002 be approved, as amended." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 2002-170 Moved by L. Acre Seconded by D. Mason "THAT Information Items 5(a)through 5(1) be received for information." Disposition: Motion Carried Unanimously (a) Bayham Community Policing Committee minutes of meeting held March 13, 2002. File: C06 COUNCIL MINUTES - 66 - April 18, 2002 5. INFORMATION ITEMS (continued) (b) Elgin Group Police Services Board minutes of meeting held March 12, 2001. File: C06 (c) Edison Museum of Vienna Board minutes of meeting held March 5, 2002 File: C06 (d) County of Elgin correspondence dated April 9, 2002 regarding the Discontinuance of CASO Line. File: A16 (e) Town of Tillsonburg correspondence dated April 8, 2002 regarding the CASO Rail Line. File: A16 (f) Association of Municipalities of Ontario correspondence dated April 8, 11 and 15, 2002 regarding "AMO Announces Details of the New Municipal Act Training Program", "Ontario's Promise, plus 2002 AMO Conference Registration information and "AMO Announces Details of the New Ontario Centre for Municipal Best Practices". File: A01/ (g) Canada/Ontario correspondence dated April 10, 2002 regarding"2001 National Pollutant Release Inventory(NPRI), Airborne Contaminant Discharge Monitoring and Reporting Regulation—Ontario Regulation 127". File: A16 (h) Ministry of Tourism, Culture and Recreation Bulletin#16 regarding"Hudak Tees up Golf Tourism Initiative at TFO Tourism Forum". File: A16 (i) Office of the National Director&CEO correspondence dated April 8, 2002 regarding "World Youth Day 2002". File: A01 0) County of Elgin correspondence dated April 5, 2002 regarding St. Thomas-Elgin General Hospital"Capital Campaign Funding". File: C10 (k) Elgin-St. Thomas Health Unit"LIFESTYLE LINK"Newsletter March 2002 edition and brochure "Ensuring Your Good Health". File: M07 (1) Canada Post correspondence dated March 2002 calling for nominations for the 2002 Literacy Awards. File: M02 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPOIVDENCE AND REPORTS (a) Staff Report D2002-14 regarding CD Phillips Ltd. Severance. File: D10 2002-171 Moved by C. Evanitski Seconded by L. Acre "THAT the Council of the Municipality of Bayham recommend to Elgin County Land Division Committee that the severance application E28/02 by CD Phillips Limited be deferred until the Province of Ontario adopts the new Official Plan of the Municipality of Bayham adopted July 2001." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 67 - April 18,2002 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) L CORRESPONDENCE AND REPORTS (b) Staff Report D2002-15 regarding Jammie Underhill Severance. File: D10 2002-172 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham recommend to Elgin County Land Division Committee that the severance application E29/02 by Jammie Underhill be approved subject to: • rezoning of the severed parcel, and • the purchase of 9-1-1 signage for the retained parceL" Disposition: Motion Carried Unanimously (c) Staff Report D2002-16 regarding Hoover Severance. File: D10 2002-173 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham recommend to Elgin County Land Division Committee that the severance application E37/02 by Brian Hoover be approved subject to: • rezoning of the retained and severed parcels, and • the purchase of 9-1-1 signage for the newly created severed and retained parcels." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Memorandum C2002-07 regarding Economic Development&Tourism Committee Resolution. File: C06 2002-174 Moved by D. Mason Seconded by M. Schafer "THAT Staff memorandum C2002-07 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 68 - April 18, 2002 7. ROADS, AGRICULTURE & DRAINAGE I. CORRESPONDENCE AND REPORTS (a) Staff Report DR2002-03 regarding Therrien Mutual Agreement Drain. File: D l i 2002-175 Moved by D. Mason Seconded by C. Evanitski "THAT Staff Report DR2002-03 regarding the Therrien Mutual Agreement Drains be received; and THAT By-law 2002-31, being a by-law to authorize the execution of the Therrien Mutual Main Drain Open Ditch, and THAT By-law 2002-32, being a by-law to authorize the execution of the Therrien Mutual Drain, Branch "B" Railway Ditch and Culvert Pipe be presented to Council for enactment." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES I. CORRESPONDENCE AND REPORTS (a) Staff Report PR2002-007 regarding Community Policing—Port Burwell Office. File: P17 2002-176 Moved by M. Schafer Seconded by D. Mason "THAT Staff Report PR2002-007 be received; AND THAT Staff be authorized to carry out the improvements outlined in report PR2002-007, and to work with the OPP and the Community Policing Committee to improve the Community Policing Building in Port Burwell ." Disposition: Motion Carried Unanimously (b) Staff Report PR2002-006 regarding Fire Hydrant Installation—Malahide. File: P16 2002-177 Moved by M. Schafer Seconded by D. Mason "THAT the request from the Township of Malahide to install the hydrant at the corner of Nova Scotia Line and Richmond Road at their cost be approved, and that Malahide be requested to track loads taken and report such to Bayham for the purpose of tracking water loss only." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 69 - April 18,2002 8. PROPERTY, BUILDING & PROTECTIVE SERVICES(continued) Y. CORRESPONDENCE AND REPORTS (c) The Lions Club of Straffordville correspondence dated April 10, 2002 regarding cleanliness of the park for the annual Easter Egg hunt. File C13 2002-178 Moved by L. Acre Seconded by M. Schafer "THAT the Lions Club of Straffordville correspondence dated April 10,2002 be received for information; AND THAT the Lions Club be advised that steps are being taken to correct the matter." Disposition: Motion Carried Unanimously (d) Building Permit Report for the month of March 2002. File: P10 2002-179 Moved by L. Acre Seconded by C. Evanitski "THAT the Building Permit Report for the month of March 2002 be received for information." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#4090 to Cheque# 4177 inclusive, except cheques #4090 and 4138 totaling $ 57,095.02, Cash Requirements for the period ending April 30th and Payroll Disbursements for the period ending April 3, 2002 totaling $ 36,017.01. 2002-180 Moved by D. Mason Seconded by C. Evanitski "THAT the Cheque Register, being Cheque# 4090 to Cheque# 4177 inclusive, except cheques#4090 and 4138 totaling$57,095.02, Cash Requirements for the period ending April 30th and Payroll Disbursements for the period ending April 3, 2002 totaling $ 36,017.01 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2002-06 regarding Payment Terms re: Sewer Project File: Sewer Project 2002-181 Moved by D. Mason Seconded by M. Schafer "THAT Staff Report F2002-06 regarding Payment Terms re Sewer Project be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 70 - April 18, 2002 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (c) Staff Report F2002-05 regarding Water & Sewer Rates. File: F05.01 2002-182 Moved by M. Schafer Seconded by D. Mason "THAT recommendation # 4 be amended to provide that invoices for connections after September 1,2002 be pro-rated on a monthly basis." Disposition: Motion Carried Unanimously 2002-183 Moved by D. Mason Seconded by M. Schafer 1. "THAT Staff Report F2002-05 be received; 2. THAT the new water rates be imposed effective with the billing period ending April 30, 2002; 3. THAT the conversion from metered rates to flat rates for Port Burwell users commences January 1,2003; 4. THAT sewer rates be imposed commencing September 1,2002 for all new users in Vienna, Straffordville and Eden, invoices for connections after September 1, 2002 being pro-rated on a monthly basis; 5. AND THAT By-law 2002-30, being a by-law to amend By-law 98-21 setting water and sewer rates, be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Staff Report F2002-02 regarding Engineering Fees. File: F Andy Valickis, OCWA representative was in attendance to provide additional information and answer questions from Council. Councillor Evanitski requested a Recorded Vote on the following resolution. 2002-184 Moved by L. Acre Seconded by M. Schafer "THAT Staff Report F2002-02 be received; THAT Council agrees to provide additional compensation to Acres & Associated for engineering work provided to the end of December 2001 in the amount of$111,000; AND THAT Council agrees to remunerate Acres& Associated for any additional engineering work after January 1, 2002 at 85% of regular billing rates already established by Acres, to preauthorized limits." Disposition: Motion Defeated on a Recorded Vote 5-0 L. Acre No C. Evanitski No D. Mason No M. Schafer No M. Stewart No COUNCIL MINUTES - 71 - April 18, 2002 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 1. CORRESPONDENCE&REPORTS (e) Staff Report PR2002-003 regarding 2002 Landscape Services. File: L14 2002-185 Moved by L. Acre Seconded by M. Schafer "THAT Staff Report PR2002-003 be received; THAT renewal of the contracts with D&S Lawncare, Herman & Mary Klassen, and Ken Laemers for Landscape services for various municipal properties be extended for the year 2002 be approved; AND THAT By-laws be prepared to authorize the execution of renewal agreements for Council's support" Disposition: Motion Carried Unanimously (f) Staff Report C2002-05 regarding Cemetery Grass Cutting Services. File: S09 2002-186 Moved by D. Mason Seconded by L. Acre "THAT Staff Report C2002-05 be received; THAT Council approves continuation of care for the Otter Valley Cemetery by Carl and Sandra Hotz; AND THAT Staff be authorized to seek price quotes for grass cutting services for the abandoned cemeteries other than Otter Valley for 2002." Disposition: Motion Carried (g) Canadian Red Cross correspondence dated March 22, 2002 regarding sale of Raffle tickets under Provincial Lottery License No. P020161. File: P09 2002-187 Moved by L. Acre Seconded by M. Schafer "THAT the Canadian Red Cross correspondence dated March 22,2002 be received; AND THAT the Council of the Municipality of Bayham approves the sale of Raffle tickets in Bayham under Provincial Lottery License No. P020161." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 72 - April 18,2002 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 1. CORRESPONDENCE&REPORTS (h) Dogguides Canada correspondence dated April 1, 2002 regarding sale of Raffle tickets by local Lions Clubs under Town of Oakville Lottery License No. M24752. File: P09 2002-188 Moved by L. Acre Seconded by M. Schafer "THAT the Dogguides Canada correspondence dated April 1,2002 be received; AND THAT the Council of the Municipality of Bayham approves the sale of Raffle tickets in Bayham under Town of Oakville Lottery License No. M24752." Disposition: Motion Carried Unanimously (i) Staff Memorandum C2002-08 regarding Edison Museum Board Appointments. File: C12 2002-189 Moved by L. Acre Seconded by D. Mason "THAT Staff Memorandum C2002-08 be received; AND THAT By-law 2002-33, being a by-law to amend appointments By-law 2002-01, be presented to Council for enactment." Disposition: Motion Carried Unanimously 10. ENVIRONMENT None 11. COMMITTEE OF THE WHOLE L CORRESPONDENCE. &REPORTS 2002-190 Moved by L. Acre 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 legal matters." Disposition: Motion Carried Unanimously 2002-191 Moved by C. Evanitski Seconded by D. Mason "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 73 - April 18,2002 11. COMMITTEE OF THE WHOLE (continued) 1. CORRESPONDENCE&REPORTS (a) Correspondence dated April 3, 2002 regarding a confidential legal matter. File: L 2002-192 Moved by D. Mason Seconded by M. Schafer "THAT the correspondence dated April 3,2002 from Jack Spence, 345990 Ontario Limited be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated April 12, 2002 regarding a confidential legal matter. File: D 12. BY-LAWS By-law 2002 - 30 A By-law to Amend B/L 98-21 Setting Water and Sewer Rates By-law 2002—31 A By-law to Authorize the Execution of the Therrien Mutual Main Drain Open Ditch Agreement By-law 2002—32 A By-law to Authorize the Execution of the Therrien Mutual Drain,Branch"B"Railway Ditch& Culvert Pipe Agreement By-law 2002—33 A By-law to Amend Appointments B/L 2002-01 2002-193 Moved by C. Evanitski Seconded by L. Acre "THAT By-laws 2002-30, 2002-31, 2002-32 and 2002-33 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously By-law 2002—29 A By-law to confirm all actions of Council 2002-194 Moved by L. Acre Seconded by M. Schafer "THAT confirming By-law 2002-29 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2002-195 Moved by M. Schafer Seconded by L. Acre "THAT the meeting be adjourned at 10:20 p.m." Disposition: Motion Carried Unanimously iLek- 2 MAYOR CLERK Date Approved: . /d Z